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Batas Pambansa Bilang 62
AN
ACT AMENDING FURTHER REPUBLIC ACT NUMBERED THREE THOUSAND SEVEN HUNDRED
SEVENTY-NINE, AS AMENDED, OTHERWISE KNOWN AS THE "SAVINGS AND LOAN
ASSOCIATION
ACT"
chan
robles
virtual law library
BATAS
PAMBANSA BILANG 62AN
ACT AMENDING FURTHER REPUBLIC ACT NUMBERED THREE THOUSAND SEVEN HUNDRED
SEVENTY-NINE, AS AMENDED, OTHERWISE KNOWN AS THE "SAVINGS AND LOAN
ASSOCIATION
ACT"chan
robles
virtual law library
chan
robles virtual law librarySection
1. Section five of Republic
Act No. 3779, as amended, is hereby amended to read as follows:chanroblesvirtuallawlibrarychanrobles virtual law library
"Sec.
5. Powers of savings and
loan association. — A savings and loan association shall be
incorporated
under the Corporation Code of the Philippines.chanrobles virtual law library
"A
stock savings and loan association, in addition to the powers granted
under
the Corporation Code of the Philippines, shall exercise all the powers
and assume all obligations of a savings and mortgage bank as provided
in
the General Banking Act: Provided, That nothing in this section shall
be
construed as precluding such association from performing, with prior
approval
of the Monetary Board, all the services authorized for commercial banks
under Republic Act No. 337, as amended, or from operating under an
expanded
banking authority as provided in Section 21-B of the same act.chanrobles virtual law library
"A
non-stock savings and loan association, in addition to the powers
granted
in the Corporation Code of the Philippines, shall exercise the
following:chanroblesvirtuallawlibrarychanrobles virtual law library
"(a) To
grant loans not exceeding the member-borrower's savings and time
deposits
in the association, plus his four months' salary or regular income
whether
from employment or from his own business, or seventy percent (70%) of
the
fair market value of any property acceptable as collateral on first
mortgage
that he may offer as security: Provided, That no loan shall have a
maturity
of more than five years, except loans on the security of encumbered
real
estate for the purpose of home building and home development which may
be granted with maturities not exceeding thirty years and medium or
long-term
loans to finance agricultural projects, subject to regulations
prescribed
by the Monetary Board: Provided, further, That in the case of a
borrower
who is a permanent employee or wage earner, the treasurer, cashier or
paymaster
of the office employing him is authorized, notwithstanding the
provisions
of any existing law, rule and regulation to the contrary, to make
deductions
from his salary, wage, or income pursuant to the terms of his loan, to
remit deductions from his salary, wage, or income pursuant to the terms
of his loan, to remit deductions to the savings and loan association
concerned,
and collect such reasonable fee for his services as may be authorized
by
rules promulgated by the Monetary Board;chanrobles virtual law library
"(b) To
charge interest within the limits allowed by law, and collect such
necessary
fees incidental to the grant of loans as may, by regulation, be
authorized
by the Monetary Board;chanrobles virtual law library
"(c) Subject
to such rules as the Monetary Board may approve, to discount with
recourse
commercial papers and accounts receivables;chanrobles virtual law library
"(d) To
invest its funds in any sound non-speculative enterprise, as well as in
bonds, securities, and other obligations issued by the Government of
the
Philippines, or any of its political subdivisions, instrumentalities or
corporations including government-owned or controlled corporations
subject
to the rules and regulations of the Monetary Board;chanrobles virtual law library
"(e) To
allow member-depositors to participate in the profits of the savings
and
loan association on the basis of their deposits on the date dividends
are
declared;chanrobles virtual law library
"(f) To
borrow money or incur such obligations not exceeding twenty per centum
of the total assets of the association, from any public lending
institutions,
such as the Development Bank of the Philippines, the Philippine
National
Bank, the Government Service Insurance System, the Social Security
System,
and from such private lending institutions as may be approved by the
Monetary
Board. The Monetary Board may, in meritorious cases, raise the ceiling
on the borrowing capacity of the association to an amount not exceeding
thirty per centum of its total assets: Provided, That any such
association
organized by employees of an entity or a corporation may borrow funds
from
said entity or corporation but not vice versa; chanrobles virtual law library
"(f-1) To
maintain deposits with banks and other stock savings and loan
associations:
Provided, That the amount of such deposits shall be subject to the loan
limit to a single borrower as prescribed herein or by other special
laws
or regulations."chanrobles virtual law library
Sec.
2. Section fourteen of
the same Act is hereby further amended to read as follows:chanroblesvirtuallawlibrarychanrobles virtual law library
"Sec.
14. Directors and Officers.
— At least two-thirds of the members of the board of directors of any
stock
savings and loan association which may be established after the
approval
of this Act shall be citizens of the Philippines: Provided, however,
That
no appointive or elective public official, whether full-time or
part-time,
shall at the same time serve as officer of any stock savings and loan
association,
except in cases where such service is incident to financial assistance
provided by the government or a government-owned or controlled
corporation
to such association: Provided, further, That in the case of a merger or
consolidation of stock savings and loan associations duly approved by
the
Monetary Board, the limitation on the maximum number of directors in a
corporation as provided for in Section 14 of the Corporation Code of
the
Philippines, shall not be applied so that membership in the new board
may
include up to the total number of directors provided for in the
respective
articles of incorporation of the merging or consolidating savings and
loan
associations."chanrobles virtual law library
Sec.
3. Section twenty-one of
the same Act is hereby further amended to read as follows:chanroblesvirtuallawlibrarychanrobles virtual law library
"Sec.
21. Limitation on investment.
—chanrobles virtual law library
"(a) No
non-stock savings and loan association at any one time shall have
invested
in bonds and securities an aggregate amount in excess of ten per centum
of the total assets of such association;chanrobles virtual law library
"(b) No
non-stock savings and loan association at any one time have invested in
real property an aggregate amount in excess of five per centum of the
total
assets of such corporation;chanrobles virtual law library
"(c) No
non-stock savings and loan association at any one time shall invest in
furniture, fixture, furnishings and equipment and leasehold
improvements
for its offices, more than ten percent of its aggregate paid-up capital;
"(d) No
stock savings and loan association at any one time shall have an
investment
in real estate and improvements thereon, including equipment, in an
aggregate
amount in excess of fifty percent of its net worth: Provided, That real
estate used for the stock savings and loan association's purposes owned
by another corporation in which that association owns equity shall be
considered
as part of the association's total investment in real estate."
Sec.
4. Section twenty-two of
the same Act is further amended to read as follows:chanroblesvirtuallawlibrarychanrobles virtual law library
"Sec.
22. Reserves. — Every non-stock
savings and loan association shall create a withdrawable share reserve
which shall consist of three per centum of the aggregate capital
contributions
of the members."chanrobles virtual law library
Sec.
5. This Act shall take
effect upon its approval.chanrobles virtual law library
Approved:
April 1, 1980
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