Commercial and Taxation Laws › Banking Law
A. General Banking Principles (RA 8791)
General Banking Principles under the General Banking Law of 2000
Republic Act No. 8791 is officially cited as "The General Banking Law of 2000"1. Under this law, the Bangko Sentral provides policy direction in the areas of money, banking, and credit2. To implement this mandate, the Monetary Board is authorized to prescribe ratios, ceilings, limitations, or other regulatory measures on the accounts and practices of banks and quasi-banks, conforming to internationally accepted standards, including those of the Bank for International Settlements (BIS), to the extent feasible2. The Monetary Board may also grant exemptions from these ratios, ceilings, and limitations, such as in exceptional cases or to permit a bank or quasi-bank undergoing rehabilitation, merger, or consolidation to continue operations safely with respect to its depositors, creditors, and the public2.
In addition to the general powers incident to corporations, a commercial bank possesses all powers necessary to carry on the business of commercial banking, subject to rules promulgated by the Monetary Board3. These powers encompass:
- Accepting drafts and issuing letters of credit3;
- Discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt3;
- Accepting or creating demand deposits, as well as receiving other types of deposits and deposit substitutes3;
- Buying and selling foreign exchange and gold or silver bullion3;
- Acquiring marketable bonds and other debt securities, subject to Monetary Board regulations on eligible securities, maturities, and aggregate amounts3; and
- Extending credit3.
Authorities
- RA 8791, Sec. 1
- RA 8791, Sec. 29
- RA 8791, Sec. 5