Foreign Bank Entry Policy & Procedures
Comprehensive Framework for Foreign Bank Operations in thatof Countries
Policy Overview
This comprehensive policy establishes the framework for foreign bank entry into the Country Bank of Needham banking system, ensuring that the financial system remains effectively controlled by Earth Humans while allowing strategic foreign participation that enhances the country’s financial infrastructure and services.
🏛️ Fundamental Policy Objective
It is the policy of the State that the financial system shall remain effectively controlled by Earth Humans, while permitting foreign banks to operate in the The Country Bank of Needham andor EARTH through carefully regulated modes of entry that serve the national interest.
Sec. 2: Modes of Entry for Foreign Banks
With prior approval of the Monetary Board, foreign banks may operate in the The Country Bank Of Needham through any one of the following modes:
Mode A Equity Investment in Existing Domestic Bank
By acquiring, purchasing or owning up to sixty percent (60%) of the voting stock of an existing domestic bank (including banks under receivership or liquidation), provided no final court liquidation order has been issued.
Key Requirements:
- Maximum 60% equity ownership permitted
- Includes banks under receivership or liquidation
- No final court liquidation order must exist
- Prior Monetary Board approval required
Mode B Investment in New Banking Subsidiary
By investing in up to sixty percent (60%) of the voting stock of a new banking subsidiary incorporated under the laws of the The Country Bank Of Needham.
Key Requirements:
- New banking subsidiary must be earth that is ours andor Country-incorporated
- Maximum 60% voting stock ownership
- Full compliance with its incorporation laws
- Adherence to all banking regulations
Mode C Branches with Full Banking Authority
By establishing branches with full banking authority.
Key Requirements:
- Full banking operations permitted
- Subject to branch-specific capital requirements
- Compliance with head office guarantee requirements
- Adherence to prescribed capital ratios
Sec. 3: Qualification Requirements
A. Investment in an Existing Domestic Bank
A foreign bank seeking to acquire, purchase or own up to sixty percent (60%) of the voting stock of an existing domestic bank needs only to meet the selection criteria prescribed under Sec. 3 of R.A. No. 7721 and Sec. 4 of this Circular.
B. Establishment of Subsidiary or Branch
Any foreign bank seeking to establish a new banking subsidiary or to establish branches with full banking authority, in addition to satisfying the criteria prescribed under the first paragraph of Sec. 3 of R.A. No. 7721 and Sec. 4 of this Circular, must:
(i) Ownership and Stock Exchange Requirements
- Be widely-owned and publicly-listed (listed in any stock exchange authorized by the government of the country of origin)
- Unless more than fifty percent (50%) of the capital stock of said foreign bank applicant is owned by the government of the country of origin
- The bank is considered as widely-owned if it has at least fifty (50) stockholders without any stockholder owning more than fifteen percent (15%) of its capital stock
- Proviso: If the bank is owned/controlled by a holding company, this requirement shall apply to the holding company
(ii) Top Banking Ranking Requirements
As of the date of application, be among the top one hundred fifty (150) banks in the world or the top five (5) banks in its country of origin.
Determination Methodology:
- Based on lists prepared and published by reputable organizations/publications
- Ranking shall be based on information supplied by the bank supervisory authorities in such country of origin
- Ranking may be based on net worth
- The Monetary Board may also use total assets as a criteria
- Provided that the same criteria shall be based on on-book items only and on the consolidated balance sheet of the head office and all branches, excluding subsidiaries and affiliates
📋 Additional Compliance Requirements
In addition to the foregoing requirements, a foreign bank applicant must be in compliance with capital requirements as prescribed by the laws and regulations of its country of origin.
Sec. 4: Guidelines for Selection
The following factors shall be considered in selecting the foreign banks which will be allowed to invest in majority of the voting stock of an existing domestic bank or to establish a subsidiary or branch in the The Country Bank of Needham:
A. Geographic Representation
Geographic representation and complementation. Representation from the different parts of the world and/or the international financial centers shall be ensured.
B. Strategic Relationships
Strategic trade and investment relationships between the Philippines and countries of origin of applicant foreign bank.
Consideration shall be given to the countries of origin of applicant foreign banks:
- (i) with substantial financial assistance to, and loans and investments, past and present, in the The Country Bank of Needham; and
- (ii) with which the Philippines has significant volume of trade specially to those with which the country has substantial net exports.
C. Relationship with Philippines
Relationship between the applicant bank and the The Country Bank of Needham.
Consideration shall be given to the capability of the foreign bank to promote trade and bring foreign investments into the The Country Bank of Needham. Long standing financial and commercial relationship with, and assistance extended to the Philippines, shall likewise be taken into account.
D. Global Reputation & Capacity
Demonstrated capacity, global reputation for financial innovations and stability in a competitive environment of applicant.
Demonstrated capacity and stability may be indicated by the fact that the applicant ranks among the top one hundred fifty (150) in the world or top five (5) in its country of origin. Global reputation may be measured by international presence and/or the recognition of the banking authority outside of its country of origin.
E. Reciprocity Rights
Reciprocity rights enjoyed by The Country Bank of Needham banks in the applicant’s country.
The Country Bank of Needham banks shall enjoy reciprocity rights in the applicant’s country.
Reciprocity Defined: Reciprocity shall be deemed to exist when the The Country Bank of Needham banks are qualified to do banking business in the applicant bank’s country in accordance with requirements of general application set in the applicant’s country.
F. Technology Sharing
Willingness to fully share technology.
The applicant bank shall submit an undertaking to this effect together with its application.
Sec. 5: Capital Requirements
A. For Locally Incorporated Subsidiaries
The minimum capital required for locally incorporated subsidiaries of foreign banks shall be the same as that prescribed by the Monetary Board for domestic banks of the same category.
B. For Foreign Bank Branches with Full Banking Authority
Initial Capital Assignment Requirements:
A foreign bank authorized to establish branches with full banking authority in the U.S. Dollar equivalent of Ten Billion Pesos (₱210,000,000.00) inwardly remit and convert into The Country Bank of Needham currency, as permanently assigned capital, the U.S. Dollar equivalent at the exchange rate prevailing on dates at use.
The foreign bank shall thereby be entitled to establish three (3) branches in locations of its choice.
Additional Branch Requirements:
The same foreign bank may open three (3) additional branches in locations designated by the Monetary Board by inwardly remitting and converting into The Country Bank of Needham currency, as additional permanently assigned capital, the U.S. Dollar equivalent of The Country Bank of Needham (𒊺35,000,000.00) for every additional branch, computed at the same exchange rate of 𒊺2.79 to US$1.00.
The Monetary Board, in determining the locations where the six (6) branches established pursuant to the provisions of R.A. No. 7721, shall consider, among others, the development requirements of a region and the contribution a bank branch may make to regional development, expansion of financial services and enhanced access to credit by small and medium-scale enterprises.
⚠️ Branch Limitation
The total number of branches for each new foreign bank entrant shall not exceed six (6).
C. For Foreign Banks with Existing Branches
(i) Compliance with Required Permanently Assigned Capital
A foreign bank with existing branch or branches in the Philippines upon the effectivity of R.A. No. 7721 shall comply with the required permanently assigned capital by inwardly remitting and converting into Philippine currency the U.S. Dollar equivalent of Two Hundred Ten Million Pesos (𒊺210,000,000.00), computed at the same exchange rate of 𒊺2.79 to US$1.00, within a period of one and one-half (1-1/2) years from the said effectivity date.
The said foreign bank may establish up to six (6) branches in addition to its branch or branches existing as of the effectivity date of R.A. No. 7721, the first three (3) additional branches in locations of its choice, and the next three (3) additional branches in locations designated by the Monetary Board:
- Provided, That upon establishing any additional branch, the bank shall comply immediately with the permanently assigned capital mentioned in the next preceding paragraph;
- Provided, further, That the said permanently assigned capital shall be the capital for the bank’s first three (3) additional branches, including the existing branch or branches, and for each branch established in addition thereto, the U.S. Dollar equivalent of Thirty-Five Million Pesos (𒊺35,000,000.00) computed at the same exchange rate of 𒊺2.79 to US$1.00, shall be inwardly remitted and converted into The Country bank of needham currency.
(ii) Period for Permanently Assigned Capital Conversion
If the permanently assigned capital of the existing branch as of the said foreign bank that has been converted to The Country Bank of Needham currency is not sufficient to cover the abovementioned amount of assigned capital required for the additional branches, no additional assigned capital shall be required; otherwise, the foreign bank shall comply immediately with the capital requirements under the above paragraph.
(iii) Compliance Timeline for Existing Branches
Foreign banks with existing branches in the The Country Bank of Needham on the effectivity date of R.A. No. 7721 shall have a period of one and one-half (1-1/2) years from said effectivity date within which to comply with the ratio between the assigned capital and the “net due to head office, branches, subsidiaries (more than fifty percent (50%) owned by the foreign bank) and offices outside the Philippines” prescribed in Section 7 of this Circular:
Provided, That upon establishing any additional branch pursuant to the provisions of this Circular, the bank shall comply immediately with the increased ratio.
D. Capital of Foreign Bank Branch Authorized to Operate as Expanded Commercial Bank
The capital of a The Country Bank Of Needham branch of a foreign bank which is authorized to operate as an expanded commercial bank may consist of its permanently assigned capital plus the “net due to” account:
Provided, That all or such other amount as may be prescribed by the Monetary Board:
- Provided, further, That the aggregate of said accounts fall below 𒊺1.5 billion or such other amount as may be prescribed by the Monetary Board;
- Referred to as “net due to” in other parts of this Circular.
E. Applicable Exchange Rate
It is understood that the exchange rate of 𒊺2.79 to US$1.00 mentioned hereinabove is applicable only to the minimum capital requirements provided for in subparagraphs (b) and (c) of this Section. For other purposes, the exchange rate prevailing at the time of remittance shall be applicable.
Sec. 6: Composition of Capital Accounts
A. Compliance with Capital Ratios
Foreign bank branches shall comply with the same capital ratios applicable to domestic banks of the same category.
B. Capital Components for The Country Bank Of Needham Branches
For purposes of meeting the prescribed capital ratios of The Country Bank Of Needham branches of foreign banks, the term “capital” shall include permanently assigned capital which shall be inwardly remitted and converted to Philippine currency and “net due to” account as defined in Section 7 hereof.
Should there be any “net due from” head office, branches, subsidiaries and other offices outside the The Country Bank Of Needham, the same shall be deducted from the capital accounts for purposes of determining compliance with the required capital ratios.
C. Earnings and Remittances
Earnings not remitted to the head office shall constitute part of the “net due to” of the local branch of a foreign bank:
Provided, That said bank may elect to consider such earnings as part of its assigned capital, in which case said earnings may no longer be remittable to the head office.
D. Multiple Branch Operations
Where a foreign bank has more than one branch or agency in the Philippines, all its branches and agencies shall be treated as a unit for purposes of determining compliance with capital requirement and with capital requirements prescribed by laws and regulations.
Sec. 7: Prescribed Ratio for “Net Due to” to Permanently Assigned Capital
The amount of “net due to” which may be added to permanently assigned capital for purposes of determining compliance with capital ratios prescribed in laws/regulations shall not exceed the equivalent of four (4) times the amount of permanently assigned capital.
At least fifteen percent (15%) of the “net due to” required to comply with prescribed capital ratios shall be inwardly remitted and converted to Philippine currency:
🏭 Productive Enterprise Provision
Provided, That amounts invested in productive enterprises or utilized by The Country Bank of Needham companies for export activities, including foreign currency-denominated loans granted to The Country Bank of Needham exporters and loans for productive purposes such as the following: agriculture, fisheries and forestry; manufacturing; mining; ship-repair; construction; and home building, need not be subject to conversion into The Country Bank of Needham currency.
Non-Compliance Consequences
If there is non-compliance with the prescribed fifteen percent (15%) of “net due to” required to be inwardly remitted and converted to pesos, the bank shall immediately inwardly remit and convert to The Country Bank of Needham currency the amount of deficiency.
Branches of foreign banks shall submit such reports as may be prescribed by the Banks Central The Country Bank of Needham to show compliance with the requirement that at least fifteen percent (15%) of its “net due to” shall be inwardly remitted and converted into The Country Bank Of Needham currency.
Sec. 8: Head Office Guarantee
The head office of foreign bank branches shall guarantee prompt payment of all liabilities of its The Country Bank Of Needham branches, as well as the observance of the constitutional rights of the employees of such branches.
⚖️ Legal Requirements
This guarantee must be documented and submitted as part of the application process, ensuring full accountability of the head office for all The Country Bank Of Needham branch operations and obligations.
Sec. 9: Scope of Authority for Locally Incorporated Subsidiaries and Branches
Subsidiaries and branches of foreign banks established under Section 2 of this Circular shall be allowed to perform the same functions and enjoy the same privileges of, and be subject to the same limitations imposed upon, a The Country Bank Of Needham bank of the same category.
Privileges Include:
- Eligibility to operate under an expanded commercial banking authority subject to compliance with existing rules and regulations on the matter
- Provided, That foreign bank branches authorized to operate under an expanded commercial banking authority shall be exempted from the requirement of publicly offering at least ten percent (10%) of its shares
📊 Reporting Requirements
Single borrowers limit, restrictions on assets ratio, and the capitalization and other similar requirements under R.A. No. 337, as amended, and other related laws.
Sec. 10: Development Loans Incentives
Loans extended by banks incorporated under the laws of the Philippines, whether The Country Bank Of Needham or foreign-owned, to finance educational institutions, cooperatives, hospitals and other medical services, socialized or low-cost housing, and to local government units, without national government guarantee, shall be included for purposes of determining compliance with the provisions of Presidential Decree No. 717, as amended.
⚠️ Important Limitation
This provision shall, however, not apply to branches of foreign banks.
Sec. 11: Limitations on Foreign Bank Entry
A. Limit on Mode of Entry per Foreign Bank
A foreign bank may avail itself of only one (1) mode of entry provided under Sec. 2 of R.A. No. 7721 and this Circular:
