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1 BANKING REVIEWER: MIDTERMS

Q: DECLARED POLICY OF THE defined in the Republic Act No. 7906


BANKING LAWS (hereafter the "Thrift Banks Act");

A: (RA 8719) (d) Rural banks, as defined in Republic


Act No. 73S3 (hereafter the "Rural
Section 2. Declaration Of Policy. - The
Banks Act");
State recognizes the vital role of banks
providing an environment conducive
(e) Cooperative banks, as defined in
to the sustained development of the
Republic Act No 6938 (hereafter the
national economy and the fiduciary
"Cooperative Code");
nature of banking that requires high
standards of integrity and
(f) Islamic banks as defined in Republic
performance. In furtherance thereof,
Act No. 6848, otherwise known as the
the State shall promote and maintain
"Charter of Al Amanah Islamic
a stable and efficient banking and
Investment Bank of the Philippines";
financial system that is globally
and
competitive, dynamic and responsive
to the demands of a developing
(g) Other classifications of banks as
economy.
determined by the Monetary Board of
Q: WHAT IS A BANK? the Bangko Sentral ng Pilipinas. (6-Aa)

A: Entities engaged in the lending of Q: REQUIREMENT OF BANKS


funds obtained in the form of deposits
(borrowing, lending, safe-keeping) A: 1. Entity is a stock corporation (par
value stocks only)

Q: NATURE OF BANKS (FIDUCIARY


DUTY) 2. Funds are obtained from the public
which shall mean twenty persons or
A: Fiduciaryrelationshipbanksobligationto more
observehighstandardofintegrityandperformance
(Phil.BankingCorp.vs.CA)

3. Minimum capital requirement


prescribed by MB shall be satisfied
Q: CLASSIFICATION OF BANKS
Q: DEFINITION OF QUASI-BANKS
A: (a) Universal banks;
A. Engaged in borrowing of funds
(b) Commercial banks; through issuance of deposit substitute
for purpose of relending or purchasing
(c) Thrift banks, composed of: (i) receivables and other obligations
Savings and mortgage banks, (ii)
Stock savings and loan associations,
and (iii) Private development banks, as
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2 BANKING REVIEWER: MIDTERMS
Q: FIT AND PROPER RULE

acceptownsharesassecurityforloan

A: (RA 8719)

Sec. 16. Fit and Proper Rule. - To EXCEPT:IfitwasapprovedbyMBandwillbe


maintain the quality of bank returnedin6months
management and afford better
protection to depositors and the public
in general the Monetary Board shall REASON:Ifbankswereallowedtohavealienin
prescribe, pass upon and review the theirownstocksforindebtednessofstockholders,
qualifications and disqualifications of prohibitionagainstgrantingloansordiscounts
individuals elected or appointed bank uponsecuritywouldbecomeineffective
directors or officers and disqualify
those found unfit.

Q: STOCKHOLDINGS IN A FAMILY
GROUP
After due notice to the board of
directors of the bank, the Monetary
Board may disqualify, suspend or
A: (RA 8719)
remove any bank director or officer
who commits or omits an act which Section 12. Stockholdings of Family Groups
render him unfit for the position. of Related Interests. - Stockholdings of
individuals related to each other within the
In determining whether an individual is
fourth degree of consanguinity or affinity,
fit and proper to hold the position of a
legitimate or common-law, shall be considered
director or officer of a bank, regard family groups or related interests and must be
shall be given to his integrity, fully disclosed in all transactions by such
experience, education, training, and corporations or related groups of persons with
competence. the bank

Q. CAN A BANK ACQUIRE THEIR


OWN SHARES?

Q:
A: GBLprovidesthatNObankshall:

Purchaseoracquiresharesofitsowncapitalstock

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