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MORNBFI Vol. 1 - Planters Development Bank

MORNBFI Vol. 1 - Planters Development Bank

MORNBFI Vol. 1 - Planters Development Bank

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§§ 4192Q.2 - 4192Q.308.12.31b. Fines for willful delay in submissionof reports. QBs incurring willful delay inthe submission of required reports shall paya fine in accordance with the followingschedule:I. For Categories A-1, A-2 and A-3reportsPer day of defaultuntil the report is filed P600II.For Category B reportsPer day of defaultuntil the report is filed P120Delay or default shall start to run on theday following the last day required for thesubmission of reports. However, should thelast day of filing fall on a non-working dayin the locality where the reporting FI issituated, delay or default shall start to runon the day following the next working day.The due date/deadline for submission ofreports to BSP as prescribed underSec. 4192Q governing the frequency anddeadlines indicated in Appendix Q-3 shallbe automatically moved to the next businessday whenever a halfday suspension ofbusiness operations in government officesis declared due to an emergency such astyphoon, floods, etc.For purposes of establishing delay ordefault, the date of acknowledgment bythe appropriate department of the SES orthe BSP Regional Offices/Units appearingon the copies of such reports filed orsubmitted, the date of mailing postmarkedon the envelope/the date of registry/special delivery receipt, as the case maybe, or the date of the acknowledgmentreceipt issued by the appropriate office ofthe BSP if the reports were submittedthrough electronic mail, shall beconsidered as the date of filing by the QB.Delayed schedules/attachments andamendments shall be considered latereporting subject to the above penalties.c. Fines for refusal to permitexamination(1) Amount of fine - Any QB which shallwillfully refuse to permit examination shallpay a fine of P3,000 daily from the day ofrefusal and for as long as such refusal lasts.(2) Procedures in imposing the fine -(a) The BSP officer/examiner/employeeshall report the refusal of the QB to permitexamination to the head of the appropriatedepartment of the SES, who shall forthwithmake a written demand upon the concernedfor such examination. If the QB continuesto refuse said examination without anysatisfactory explanation therefore, the BSPofficer/examiner/employee concerned shallsubmit a report to that effect to the saiddepartment head.(b) The fine shall be imposed startingon the day following the receipt by the saiddepartment of the written report submittedby the BSP officer/examiner/employeeconcerned regarding the continued refusalof the QB to permit the desired examination.d. Manner of payment or collection offines - The regulations embodied in Sec.4902Q shall be observed in the collectionof the fines from QBs.e. Other penalties - The imposition ofthe foregoing penalties shall be withoutprejudice to the imposition of the otheradministrative sanctions and to the filing ofa criminal case as provided for in otherprovisions of law.f. Appeal to the Monetary Board -Any aggrieved QB may appeal to theMonetary Board a ruling of the appropriatedepartment of the SES imposing a fine.(As amended by Circular No. 585 dated 15 October 2007)§ 4192Q.3 (2008 - 4181Q) Publicationrequirements. The quarterly CSOC of a QB/trust entity and its subsidiaries andassociates shall be published side-by-sidewith the SOC of its head office and itsbranches/other offices as of such dates asthe BSP may require, within twenty (20)Manual of Regulations for Non-<strong>Bank</strong> Financial InstitutionsQ RegulationsPart I - Page 61

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