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LETTER OF INSTRUCTIONS
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LETTER OF INSTRUCTIONS NO. 1107 |
The Chairman, Securities and Exchange Commission
The Chairman, Development Bank of the Philippines
The President, Philippine National Bank
The Minister of the Budget and all others Concerned
WHEREAS, weaknesses of the Philippine money market have been identified in the wake of recent failures of certain corporate borrowers;
WHEREAS, credit decisions are hereby basically by banks and other financial institutions and lenders on the basis of information available to them;
WHEREAS, it is necessary to systematically assess the financial requirements and condition of major Philippine industries;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, do hereby Order and Instruct:
1.
The Central Bank of the Philippines shall extend full support to banks
and other financial institutions meeting with temporary liquidity
problems and shall implement the "lender of the last resort" facility
authorized under the law;
2. A credit
information exchange system shall be initiated by the Central Bank of
the Philippines, which shall provide data on bank borrowings,
commercial paper issuances and other forms of borrowing, to banks and
other financial institutions. The data shall be obtained from financial
institutions and shall be released on an exchange arrangement, after
the appropriate summarization and classification of data;
3. The Central
Bank shall study the possibility of a credit bureau, in coordination
with investment houses and other financial institutions, along the
lines of similar bureaus abroad. If necessary, the Central Bank may
subsidize the operations of such a credit bureau, which may be a purely
local undertaking or which may be a local office of an established
international institution;
4. The Central
Bank shall require that financial institutions make available
information on commercial paper sold without recourse and on placements
of trust funds, to such extent as may be necessary to guard against
concentration of credit in undue proportions;
5. The
Securities and Exchange Commission shall review/revise existing
guidelines and policies on the registration of commercial paper issues,
with the aim of eliminating the issuance of commercial paper by
non-credit worthy companies. It shall likewise improve the monitoring
of financial condition of companies issuing commercial paper and shall
reduce/cancel authorities to issue paper depending on the financial
condition of such companies;
6. The
Securities and Exchange Commission shall study and recommend to the
President, policies and procedures relative to the suspension of
trading in commercial paper of companies when conditions warrant. It
shall study, in particular, the possibility of automatic suspension of
trading in commercial paper when the issuing company defaults on a
scheduled payment;
7. The
Securities and Exchange Commission and the Central Bank of the
Philippines shall coordinate with each other on the companies
authorized to issue commercial paper, the maximum amounts authorized to
be issued in each case, and related matters;
8. The Central
Bank of the Philippines, the Securities and Exchange Commission, the
Development Bank of the Philippines and the Philippine National Bank
shall assess the financial condition of major borrowers on the money
market, for the purpose of determining the need of instituting an
industrial financing program that will assist priority industries in
the rationalization of their finances. Such a program shall be
organized with a budgetary contribution as seed fund, in the total
amount of one billion pesos (P1,000,000,000) which shall be released in
phases in accordance with a schedule approved by the President on
recommendation of the Minister of the Budget;
9. The
Professional Regulation Commission shall see to it that Certified
Public Accountants auditing the books of commercial paper issuers
comply with the highest standards of the auditing profession and shall
adopt such disciplinary measures as may be found appropriate in case
where misrepresentations exist in the audited/published financial
statements.
Done in the City of Manila, this 16th day of February, in the year of Our Lord, nineteen hundred and eighty-one.
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