Description

DESCRIPTION

 

Banking is a business imbued with public interest, and the fiduciary nature of banking requires  high standards of integrity and performance (Section 2, R.A. 8791 [General Banking Law of 2000]).  The State can thus exercise its police power in ensuring that banking laws are strictly complied with. It is in the light of these statutory principles that bank officers and directors should be made aware of their duties and responsibilities,  and the possible administrative, civil and criminal liabilities in the course of discharging their duties.

 

The resource speakers shall discuss with the participants the following topics:

 

The fit and Proper rule

 

This topic will cover BSP’s implementation of the fit and proper rule for bank directors and officers (Section 16 of R.A. 8791 [General Banking Law of 2000]), particularly on the importance of ensuring the integrity and competence of people behind bank’s operations through a rigid assessment of their qualifications and disqualifications under the relevant laws, rules and regulations.

 

Rules on Disqualification and Watchlisting of Directors and Officers

 

This topic delves on the detailed discussion of the grounds for permanent and temporary disqualification of certain individuals to become directors and/or officers of banks, as well as the process for inclusion in the BSP’s watchlisting and the grounds and procedures for delisting.

 

Unsafe or Unsound banking

 

This topic specifically focuses on the nature, legal basis, and discussion of various acts that could be considered as unsafe or unsound banking. In addition, the legal repercussions of committing unsafe or unsound banking will likewise be discussed.

 

Bank closure and liquidation, the grounds and consequences.

 

This topic will shed light on the typical reasons behind the closure of banks, detailed discussion of the grounds for closure, the process of PDIC liquidation of closed banks, including the enhancements under the PDIC Charter under the recent amendments thereto.

 

 

 

 

Administrative and Criminal liabilities

 

This topic deals with a detailed discussion of various relevant administrative and criminal liabilities that banks and its director, officers and employees may be charged with in connection with the improper discharge of their bounden duty under the law and relevant rules and regulations.

 

Administrative fines and Penalties

 

In relation to the preceding topic, this topic contains a discussion on the imposable penalties to the bank and its directors, officers and employees in case there is a breach or violation of laws, rules and regulations.

 

Cease and Desist Order

 

This topic will cover the nature of a cease and desist order (CDO) issued by BSP, the legal bases, the acts or omissions that could be covered by a CDO, the procedure for its issuance, as well as the legal repercussions of receiving a CDO from BSP.

 

 

WHO SHOULD ATTEND

 

This course intends to cover all Bank Directors, all Bank Officers whose duties and responsibilities will expose them to legal and compliance risks involved, all Bank Lawyers or those involved in legal compliance, and all Compliance Officers.

 

 

METHODOLOGY

 

Lectures and Discussions

 

Subject Matter Experts:

 

1. ELMORE O. CAPULE

Senior Assistant Governor and

General Counsel

Office of the General Counsel and Legal Services

Bangko Sentral ng Pilipinas

 

2. ALAIN BERT G. REGIS

Deputy Director

Investigation and Prosecution Group,

Office of the General Counsel and Legal Services

Bangko Sentral ng Pilipinas

 

3. JOSEPH B. SALUD

Bank Officer VI/Deputy Director

Office of the Senior Asst. Governor and General Counsel

Office of the General Counsel and Legal Services

Bangko Sentral ng Pilipinas

 

Schedule:

 

Part I	10 October 2023 (Tuesday)	SME	Time
	The Fit and Proper Rule	SAGGC Elmore O. Capule	9:00AM – 11:00AM
	Rules on Disqualification and Watchlisting of Directors and Officers	Atty. Alain Bert G. Regis	11:00AM – 12:00PM
	Bank Closure and Liquidation	SAGGC Elmore O. Capule	1:00PM – 2:00PM
	Unsafe or Unsound Banking	Atty. Joseph B. Salud	2:15PM – 4:00PM

 

Part I	11 October 2023 (Wednesday)	SME	Time
	Administrative and Criminal Liabilities	SAGGC Elmore O. Capule	1:00PM – 1:45PM
	Administrative Fines and Penalties	Atty. Alain Bert G. Regis	1:45PM – 3:15PM
	Cease and Desist Order	Atty. Joseph B. Salud	3:15PM – 4:00PM

 

Training Fee per Participant:

Member Institution – P 4,200.00

Non-Member Institution – P 5,880.00

**VAT inclusive

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