[ SEC MEMORANDUM CIRCULAR NO. 4, May 03, 2001 ]
SCHEDULE OF FEES, FINES AND PENALTIES
Pursuant to the Securities Regulation Code [SRC] (RA No. 8799) and its Implementing Rules and Regulations, the Basic Rules to Implement the Provisions of the Investment Houses Law (P.D. 129), the Corporation Code (BP Bldg., 68) and the Investment Company Act (RA No. 2629), the following schedule of fees, fines and penalties are hereby adopted:
This memorandum circular shall take effect immediately.
Adopted: 3 May 2001
(SGD.) LILIA R. BAUTISTA
Chairperson
A. Broker/Dealer |
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1. Fees |
Date of Filing |
Amount |
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New Registration |
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Head Office |
P50.000 + other fees |
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Branch Office |
10,000 +other fees |
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Salesman |
2,000 + other fees |
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Associated Person |
3,000 + other fees |
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Dec. 2 |
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Renewal |
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Head Office |
P20.000 + other fees |
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Branch Office |
P 5, 000 + other fees |
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Salesman |
P 1,000 + other fees |
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Associated Person |
P 1,500 + other fees |
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2. Fines and Penalties |
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Reports |
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FINOP (late filing) |
Within 15 days after month end |
Basic fine of P10,000 |
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Plus P100 for every day of delay |
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Annual Audited Financial Report |
110 days after end or fiscal year |
Basic Fine of P10.000 |
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Plus P100 for every day of delay |
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Other periodic reports |
Basic fine of P10,000 |
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Plus P100 for every day of delay |
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Other practices prohibited under SRC |
P10.000 for every violation without prejudice to the filing of criminal case |
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B. INVESTMENT COMPANY ADVISERS |
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1. Fees | Date of Filing | Amount | |||
New Registration | |||||
Head Office | P10.000 + other fees | ||||
Sales Agent |
P 2.000 + other fees | ||||
Renewal | March 15 | ||||
Head Office | P3,000 + other fees | ||||
Sales Agent | P1.000 + other fees | ||||
C. Investment houses | |||||
1. Fees | Date of Filing | Amount | |||
New Registration | |||||
Head Office | P50.000 + other fees | ||||
Sales Agent | P10,000 + other fees | ||||
Associated Person | 1,000 +other fees | ||||
Renewal | January 15 | ||||
Head Office | P10,000 +other fees | ||||
Branch Office | P 5,000 + other fees | ||||
Associated Person | P 500 + other fees | ||||
2. Fines and Penalties | |||||
Reports | |||||
Progress | Within 15 days end of quarter | P 200 per day of delay | |||
Semi-Annual | Within 60 days end of semester | P 200 per day of delay | |||
Annual | Within the month of March of each year | P 200 per day of delay | |||
General Information Sheet | 1 month after the date of the actual Annual Meeting | P 200 per day of delay | |||
Other Violations | |||||
- Minimum Paid-up Capital Requirement | P 200 per day of non-compliance | ||||
- Unimpaired Capital | P200 per day of non-compliance | ||||
- 25% Fee-Based Income | P200 per day of non-compliance |
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- Capital Adequacy Ratios |
P200 per day of non-compliance | ||||
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- Interlocking Directors | P200 per day of non-compliance | ||||
- Underwriting Fees | P200 per day of non-compliance | ||||
D. Transfer Agents |
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1. Fees | Date of Filing | Amount | |||
New registration | Within 30 days from June 1 of every year | P10,000 + other fees | |||
Renewal | Within 30 days from June 1 of every year | P3.000 + other fees plus P200.00 per issue being handled but not more than P5,000.00 | |||
2. Fines and Penalties | |||||
Failure/Late Filing of Monthly Reconciliation of PCD and TA | 10 days after the end of each month | Basic Fine-P10.000 Plus P100/day of delay | |||
Failure/Late Filing of monthly certification as to the number of shares registered under the name of PCD Nominee | 10 days after the end of each month | Basic Fine-P10.000 Plus P100/day of delay | |||
Failure/Late submission of Annual Report Using SEC Form 36-AR |
105 days after the end of fiscal year | Basic Fine P10.000 Plus P100/day of delay | |||
Failure to submit any of the following exception reports | |||||
- Any delay in the turnaround or processing of an issue, transfer or replacement of a security | Within 7 days of the occurence of the events | Basic Fine P10,000 Plus P100/day of delay | |||
- Any discrepancy between its records and those of the registered clearing agency, if applicable | |||||
- Any loss of securities reports to it; and | |||||
- The termination of its functions as a transfer agent for a particular security | |||||
Failure to submit Annual Audited Financial Statements | 105 days after the end of fiscal year | Basic fine of P10.000 Plus P100/day of delay | |||
Failure to submit General Information Sheet (GIS) |
Within 30 days from the date of post ponement of the Annual Meeting |
Basic fine P10.000 Plus P100/day of delay | |||
Failure to submit Affidavit of Non-Holding of Meeting of Postponement of Annual Stockholder's Meeting | Within 30 days from the date of post ponement of the Annual Meeting |
Basic fine P10.000 Plus P100/day of delay | |||
Failure to submit Notice of Change of Address | Within 10 days after the end of each month |
Basic fine P10.000 Plus P100/day of delay |
This memorandum circular shall take effect immediately.
Adopted: 3 May 2001
(SGD.) LILIA R. BAUTISTA
Chairperson