1 banking laws rules and regulations
TRANSCRIPT
The Bank Examination and Supervision is
done internally and externally.
› External Control: Government
› Internal Control: Within the Bank
Management
1) Conformity of Banks with banking laws
and that of rules and regulations of the
Central Bank and other Government
agencies.
Non-compliance can lead to closure or a
reprimand from the supervisory agencies.
2) Determine how sound the bank is financially. Unsound and unsafe practices of banks:
Granting of loans with inadequate credit information.
Granting of big loans to a single interest.
Receiving collaterals of inferior qualities.
Laxity in collection of loans.
Payment of excessive salaries or dividends.
Keeping of incomplete or inaccurate records.
Payment of unreasonably high rates on time deposit.
Supervision and Examination sector of
BSP
› Charged with the responsibility of
conducting spot and regular check on all
banking institutions.
› It is headed by the Deputy
Governor.
Sec. 25: Supervision and Examination
Sec. 26: Bank Deposits and Investments
Sec. 27: Prohibition
Sec. 28: Examination and Fees
Sec. 29: Appointment of Conservator
Sec. 30: Proceedings in Receivership and
Liquidation
Sec. 31: Distribution of Assets
Sec. 32: Disposition of Revenues and Earnings
Sec. 33: Disposition of Bank Franchise
Sec. 34: Refusal to make reports or Permit examination
Sec. 35: False Statement
Sec. 36: Proceedings upon violation of this Act and other Banking laws, Rules, and Regulations, Orders or Instructions.
Sec. 37: Administrative Sanctions on Banks and Quasi-Banks
“The purpose of Internal audit and
controls is to shield the weak from being
tempted, to prevent the strong from
opportunism, and to protect the
innocent from being involved”.
Embezzlement Means the taking of funds that belongs to depositors and
customers.
Defalcation Refers to misappropriation of funds which belong to stockholders
such as interest incomes, fees, and commissions.
Peculation Would mean all kinds of embezzlement, defalcation, or
misappropriation of funds.
Peculator.
Examination Refers to the review and analysis of the assets and liabilities of a
bank to determine their existence, values ad true ownership, and to ascertain that everything in regard to said assets and liabilities is in order.
a) Gambling
b) Pride and Envy
c) Living beyond one’s income
d) Unsound Salary practice
e) Poor employee relations
f) Immorality
The most effective prevention against
peculation is the establishment of sound
and adequate internal controls.
1) Dual control
2) Procedures and routines