how to start a lending business

7/31/2019 How to Start a Lending Business

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How to start a lending business or company in the Philippines? Lending money to those who

need it can be a profitable business. With the proper management of your funds and control ofrisks involves in extending credit to borrowers, running such venture can give you favorable

return of capital or investment. You can expect more people wanting to borrow money, amidst

the economic crisis our nation is now facing. The credit industry has many players, such as

banks, financing companies and other financial institutions. However, there are still specificmarkets which you can successfully target to extend your fund for lending. You just need to be

strategic and prudent enough to ensure that your loans and receivables are reasonably collectible.

Establishment, operation and regulation of lending companies in the Philippines are govern by

the Republic Act No. 9474, known as the Lending Company Regulation Act of 2007.Moreover, lending companies are under the supervision and regulation of the Securities and

Exchange Commission (SEC). Lending companies which are subsidiaries and affiliates of banks

and quasi-banks is further subjected to BSP supervision and examination in accordance with

Republic Act No. 7653. The following are the things you must know in starting a lendingcompany in the Philippines.

What is a lending company?Lending Company shall refer to a corporation engaged in granting loans from its own capital

funds or from funds sourced from not more than nineteen (19) persons. It excludes banking

institutions, investment houses, savings and loan associations, financing companies, pawnshops,insurance companies, cooperatives and other credit institutions already regulated by law.

Lending companies are also synonymous with lending investors .

Form of business or organizationA lending company shall be established only as a corporation. Existing lending investors

organized as single proprietorships or partnerships are disallowed from engaging in the business

of granting loans to the public one year after the date of effectivity of RA No. 9474.

Corporate name requirement

The words Lending Company or Lending Investor or any other word descriptive of itsprimary activity of granting loans to the public except words commonly used to identify

financing companies shall always be included in the corporate and trade name.

Capital RequirementThe minimum paid in capital of any lending company which may be established after theeffectivity of this law shall be One million pesos (P1,000,000.00

The SEC may prescribe a higher minimum capitalization if warranted by circumstances.

Should a branch, extension, satellite office or unit be established, the excess of the required

minimum paid-up capital may be applied to the additional capital requirement for the proposed

branch, extension, satellite office or unit, as follows:
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PhP300,000.00 : Metro Manila and other first class cities;

PhP150,000.00 : Second class and other cities;PhP 75,000.00 : Municipalities

Citizenship Requirements

At least a majority of the voting capital stock shall be owned by citizens of the Philippines.

The percentage of foreign-owned voting stock in any lending company existing prior to theeffectivity of this RA9474, if such percentage is in excess of forty-nine percent (49%) of the

voting stock, shall not be increased but may be reduced and, once reduced, shall not be increased

thereafter beyond forty-nine percent (49%) of the voting stock of the lending company. Thepercentage of foreign-owned voting stocks in any lending company shall be determined by the

citizenship of the individual stockholders. In the case of corporations owning shares in a lending

company, the citizenship of the individual owners of voting stock in such corporations shall be

the basis in the computation of the percentage.

No foreign national may be allowed to own stock unless the country of which he is a nationalaccords reciprocal rights to Filipinos.

Requirements for Securing an Authority

A lending company shall file with SEC four (4) copies of a duly accomplished application form

to operate as a lending company, signed under oath by the President, together with the followingdocuments in the prescribed form:

1. Information Sheet;

2. NBI clearance of each director/officer;

3. Foreign directors/officers, in addition to the NBI Clearance, shall submit a clearance from the

Bureau of Immigration (BI), a photocopy of his passport showing a valid visa or stay in thePhilippines, ACR i-card, and a work permit issued by the Department of Labor and Employment;

4. Presidents Sworn Statement and Undertaking that the corporation will not accept or solicitinvestments, other than loans, from more than 19 persons without SEC approval, and upon

presentation of valid claims, it shall immediately indemnify or return the investments of persons

from said unauthorized public solicitation of funds; Moreover, the sworn statement shall likewisecontain an undertaking that the country or state of the foreign applicant allows Filipino citizens

and corporations to do lending business therein.

5. For an existing lending investor applying for a Certificate of Authority, it shall submit an

external auditors sworn statement and undertaking that based on his/her examination of thecorporate books of accounts and other related records of the corporation, it has not accepted or

solicited investments, other than loans, from more than 19 persons without prior compliance with

Sections 8 and 12 of the Securities Regulation Code and its Amended Implementing Rules andRegulations.

6. Business plan including method of marketing its product and sources of the funds and

maturities of credit; and

7. Statement of its compliance with Rule 17.1(2)(A)(i) and (ii) of the Amended ImplementingRules and Regulations of the Securities Regulation Code.


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Requirements for branches, extension or satellites offices or units1. Loan transactions shall be booked in the authorized offices of the lending company;2. No lending company shall establish or operate a branch, extension office or unit or satellite

office without prior approval by the SEC. The following documents shall be submitted for the

opening of a branch office:

a) Information Sheet on the proposed branch;

b) NBI clearance of the manager, cashier and administrative officer of the proposed branch;

3. The Certificate of Authority to operate a branch, extension office, unit or satellite office shall

be coterminous with that of the Head Office.

Licensing Fees1. Initial Application Fees shall be paid to SEC at the time of filing of application

a) Head Office

A fee of 1/10 of 1% of the paid-up capital of the lending company shall be paid for the issuanceof a Certificate of Authority to Operate as a Lending Company.

b) Branch, extension office, unit or satellite officeA fee of 1/10 of 1% of the assigned capital of the branch, extension office, unit or satellite office

shall likewise be paid for the issuance of an original Certificate of Authority.

Annual feeAn annual fee shall be paid not later than forty five (45) days before the anniversary date of the

CA.

1) Head Office1/8 of 1% of the required paid-up capital2) Branch Office1/8 of 1% of the required paid-up capital

Commencement of OperationsA corporation/company that has been duly registered and granted a Certificate of Authority to

Operate as a Lending Company shall commence operations within one hundred twenty (120)

days from date of grant of such authority. Failure to commence operations within said period

shall be a ground for the suspension of its CA.

Use of FundsLending Companies shall use at least 51% of their funds for direct lending purposes.

Investment to net worth ratioThe total investment of a lending company in real estate and in shares of stock in a real estatedevelopment corporation and other real estate based projects shall not at any time exceed twenty-

five (25%) percent of its networth.

Amount and Charges on LoansA lending company may grant loans in such amounts and reasonable interest rates and charges as


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may be agreed upon between the lending company and the debtor, provided, that the agreement

shall be in compliance with the provisions of Republic Act No. 3765, otherwise known as the

Truth in Lending Act and Republic Act 7394, otherwise known as the Consumer Act of the

Philippines: Provided, further, That the Monetary Board, in consultation with the SEC and the

industry, may prescribe such interest rate as may be warranted by prevailing economic and social

conditions.

In accordance with the Truth in Lending Act and prior to the consummation of the transaction, alending company shall furnish each debtor a disclosure statement, setting forth, to the extent

applicable, the following information:

i. The principal amount of loan;

ii. Rate of interest of the loan;

iii. Service or processing fee, if any;

iv. Amortization schedule;v. Any penalty charge for late amortization payment;

vi. Collection fee, if any;vii. Notarial fee;viii. All other fees in connection with the loan transaction;

ix. Description of the collection and lien enforcement procedures; and

x. Method of calculating the total amount of obligation in case of default.

Maintenance of Books of Accounts and RecordsEvery lending company shall maintain books of accounts and records as may be required by theSEC and prescribed by the Bureau of Internal Revenue and other government agencies. In case a

lending company engages in other businesses, it shall maintain separate books of accounts for

these businesses.

The Manual of Accounts prescribed by the BSP for lending investors shall continue to be

adopted by lending companies for uniform recording and reporting of their operations, until a

new Manual of Accounts shall have been prescribed by the Sec.

It shall issue the appropriate instruments and documents to the parties concerned to evidence itslending and borrowing transactions.

how to start a lending business

Documents