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 will delve in 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.
Duties and Responsibilities of Bank Directors and Officers, Unsafe or Unsound Banking and Cease and Desist Order
This topic will cover a discussion on the duties and responsibilities of Directors and Officers of banks as required under the Manual of Regulations for Banks (MORB). Also, it also 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.
In addition, it 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.
Administrative and Criminal liabilities and the Applicable Fines and Penalties
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.
In relation to thereto, 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.
SUBJECT MATTER EXPERTS:
ATTY. ELMORE O. CAPULE
Deputy Governor
Corporate Services Sector
Bangko Sentral ng Pilipinas
ATTY. ALAIN BERT G. REGIS
Acting Director
Consumer Account Protection Office
Bangko Sentral ng Pilipinas
ATTY. 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
ATTY. JOSEPH EDWARD L. MATIAS
Legal Officer IV
Investigation and Prosecution Group
Office of the General Counsel and Legal Services
Bangko Sentral ng Pilipinas
SCHEDULE:
March 19, 2025 (Wednesday) 9:00 AM – 5:00 PM
| 19 March 2025 (Friday) | SME | Time |
|
The Fit and Proper Rule
|
DG 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 |
|
Duties and Responsibilities of Bank Directors and Officers, Unsafe or Unsound Banking and Cease and Desist Order
|
Atty. Joseph B. Salud |
1:00PM – 3:00PM |
|
Administrative and Criminal Liabilities and the Applicable Fines and Penalties
|
Atty. Joseph Edward L. Matias |
3:00PM to 4:30PM |
|
Open Forum
|
4:30PM to 5:00PM |
TARGET PARTICIPANTS:
- Members of the Board of Directors and Senior Management
- Chief Risk Officers and Staff of Risk Management Offices
- Chief Finance Officers/Chief Comptrollers
- Credit Risk Officers and Staff
- Branch Banking Sector Heads and Regional/Branch Heads and Branch Personnel
- Compliance Officers and Staff of Compliance Office
- Chief Legal Officers and Lawyers
- Internal Auditors, Officers and Staff of Internal Audit Offices
- Accounting Heads and Officers, Officers and Staff of Accounting Offices
- Credit and Lending Officers and/or Relationship Managers
- Officers and Employees of Anti-Money Laundering Compliance Units/Offices
- Corporate Governance Officers
- Investment/Treasury Heads and Officers/Staff
- Officers/Personnel from International Operations or those engaged in Foreign Exchange Operations
- Officers/Personnel from Consumer Protection Assistance Department/Unit
- Information Technology (IT) Heads and Officers/Staff
- Human Resource Management Department Heads and Officers/Staff
- Officers and Staff involved in managing Fraud Management System
Training Fee per Participant:
Member Institution – Php 3,920.00
Non-Member Institution – Php 5,040.00
*VAT inclusive