Philippine Bar review · Question

Practice question: Definition and Classification of Banks

Multiple Choice Hard

Practice question

A firm accepts deposit funds for lending and publicly calls itself a bank, but argues ordinary SEC incorporation alone is enough to begin banking operations. Which is correct under section 6?
  1. Any SEC certificate is sufficient banking authority
  2. Banking operations require BSP authority; the label and ordinary incorporation alone do not provide it
  3. Only the firm’s accountant decides
  4. Deposits eliminate regulatory requirements
  5. BSP authority is needed only after the first loss

Legal references

  • https://lawphil.net/statutes/repacts/ra2000/ra_8791_2000.html — RA 8791, sections 3 and 6
  • https://www.bsp.gov.ph/Regulations/Issuances/2020/c1105.pdf — BSP Circular 1105 (2020), digital-bank classification

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