The
September 2014 issue of the International Financial Law Review (IFLR) included
an international briefing article by then SyCipLaw senior associate and now
partner Jose Florante M. Pamfilo entitled "Foreign banks gain full
entry."
The
Philippines recently enacted a law that allows the full entry of foreign banks
into the Philippines. Under this new law, Republic Act (RA) No 10641, foreign
banks may operate in the Philippine banking system through any one of the
following modes of entry: (i) by acquiring, purchasing or owning up to 100% of
the voting stock of an existing bank; (ii) by investing in up to 100% of the
voting stock of a new banking subsidiary incorporated under the laws of the
Philippines; or (iii) by establishing branches with full banking authority.
RA
No 10641 amends RA No 7721, the Foreign Banks Liberalisation Act. Previously,
foreign banks were limited to one of the following modes of entry: (i)
acquiring, purchasing or owning up to 60% of the voting stock of an existing
bank; (ii) investing in up to 60% of the voting stock of a new banking
subsidiary incorporated under the laws of the Philippines; or (iii)
establishing branches with full banking authority. The third mode was available
only for a period of five years from the effectivity of RA No 7721 or until May
1999, during which period a maximum of 10 foreign banks could be allowed to
establish branches in the Philippines. Meanwhile, the General Banking Law of
2000 expanded the first mode and allowed foreign banks to acquire up to 100% of
one already existing bank, but only for a period of seven years from the
effectivity of the General Banking Law or until June 2007...
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