SEC Suspends Licenses of Lending Companies without Secondary Licenses

March 23, 2017

The SEC after having sent out more than 300 Show Cause Letters twice to corporations operating as lending companies without having obtained Certificates of Authority (Secondary License).

Section 4 of R.A. 9474 states that “xxx No lending company shall conduct business unless granted an authority to operate by the SEC”.

84 out of the 300 letters were returned to sender, which has prompted the SEC to suspend for 60 days those 84 lending companies for failure to respond to the Show Cause Letters. If during the suspension period, the SEC has still not heard from those lending investors, proceedings for the revocation of their Certificates of Registration (Primary License) with the SEC shall be implemented.

R.A. 9474 was approved on 22 May 2007 and one year after the effectivity of the Act or on 12 June 2008, all persons and entities engaged in lending activity should have secured their Certificates of Authority.

Director Justina F. Callangan, of the SEC’s Corporate Governance and Finance Department, tasked to regulate lending companies, explained that R.A. 9474 was approved on 22 May 2007 and one year after the effectivity of the law or on 12 June 2008, all persons and entities engaged in lending activity should have secured their corresponding CAs. She underscored the fact that said entities have been given more than sufficient time to comply with the law, hence, their continued noncompliance warrants their suspension.

“The Commission is one with the President in adopting a tough stance against illegal lending that is why it is pursuing with much vigor all those engaged in it”, Director Callangan added.

Aside from suspension, per Section 12 of R.A. 9474, a fine of not less than Ten Thousand Pesos (Php 10,000.00) or imprisonment of not less than six (6) months but not more than ten (10) years or both, await those who violate the law through, among others, failure or refusal to incorporate and obtain a license from the SEC to engage in lending.

April 06, 2017

SEC SUSPENDED ADDITONAL 20 LENDING COMPANIES

The Securities and Exchange Commission suspended the certificates of registration as corporations of additional 20 lending companies which failed to obtain a Certificate of Authority to Operate (CA) as a Lending Company required under Republic Act No. 9474 or the Lending Company Regulation Act of 2007.

It’s Time to Legalize your Philippines Lending Business

The War on Money Lenders

Legal Lending Investor

Emmanuel F. Piñol Secretary of Agriculture posted on his facebook page on January 10, 2017 that President Duterte ordered the arrest and deportation of foreigners engaged in 5 – 6 money lending.

5 – 6 money lending; are small loans given to small business who cannot obtain bank loans as they are unable to provide collateral. 5 – 6 loans interest rates are usually in the range of 20% a month.

“They are violating Philippine laws by indulging in a money-making business without the necessary permits,” President Duterte said.

Indian national are prominent 5 – 6 money lenders and President Duterte has asked Foreign Affairs Secretary Perfecto Yasay, Jr. to inform the Indian Ambassador of his decision to stop the usurious lending scheme in the Philippines.

Foreigners of other nationalities and Filipinos are also involved in illegal money lending schemes.

Risking Arrest

Justice Secretary Vitaliano Aguirre announced that foreigners lending money without permits may be arrested even without a warrant of arrest as they’re operating illegally without permits and licenses and therefore are committing a crime.

Following these announcements, there has been a surge in Lending Investors registration with the SEC as people are scrambling to avoid the crackdown on illegal money lenders in the Philippines.

Money lending is highly regulated in the Philippines. Lenders must incorporate as a Lending Investor and obtain a secondary license from the SEC.