Guidelines on Activities Requiring Notification by the Pawnshop Operator

Baruexo SeNrnaL Ne Prurerrtas OFFICE OF THE DEPUTY GOVERNOR SUPERVISION AND EXAMINATION SECTOR MEMORANDUM NO. M-2017- 006 To AtL PAWNSHOPS Subject GUIDELINES ON ACTIVITIES REQUIRING NOTIFICATION BY THE PAWNSHOP OPERATOR Pursuant to Monetary Board Resolution No. 2061 dated 17 November 2OL6, approving the Amendments to the Manual of Regulations for Non-Bank Financial Institutions (MORNBFI) - Pawnshop (P) with the issuance of Circular No. 938 dated 23 December 2016 and Memorandum No. M-2017-003 dated 27 January 20L7, the following guidelines shall govern the implementation of the pertinent provisions of the MORNBFI-P Regulations on the activities requiring notification to the Bangko Sentral ng Pilipinas (BSP). l. GeneralGuidelines A. Authorized Signatory The Pawnshop Operator shall be responsible in notifying the Integrated Supervision Department | (lSD l), BSP on the following activities within the prescribed deadline of submission: 1. Commencement of Pawnshop Operations 2. Establishment of Additional Pawnshop Office/Branch 3. Transfer/Relocation of Business 4. Voluntary Closure of a Pawnshop Office The notification form shall be signed by the proprietor/managing partner/president or officer of equivalent rank and shall be accompanied by the necessary documentary requirements. The Pawnshop Operator shall ensure its completeness, reliability and conformity with the BSP-prescribed forms, if any. No notification shall be accepted from a person or entity other than the proprietor/partner/president unless the person or entity notifying the BSP in behalf of the proprietor/partnership/ corporation submits a duly executed and notarized special power of attorney authorizing the person or entity. In the case of a corporate applicant, a certified true copy of the board resolution authorizing the person or entity shall likewise be submitted. B. BSP-PrescribedForms All notifications shall be submitted using the following prescribed forms. Notifications not using the prescribed Data Entry Template/forms shall not be accepted. A.Mobini St.,Molote l0O4Monilo,Philippines . (6321 708-7701 . www.bsp.gov.ph o [email protected]

Notification Form Description Form 5P NOTIFICATION OF NEW PAWNSHOP OFFICE/BRANCH Form 5P NOTIFICATION OF TRANSFER OF LOCATION Form 7P NOTIFICATION OF VOLUNTARY CLOSURE OF A PAWNSHOP OFFICE C. Formal Receipt of Notification The notifications shall be considered as formally received upon receipt of complete documents and the applicable fees have been paid. A P1,000 processing fee for each office included in the notification shall be collected from the pawnshop operator. Other fees such as metal plate fee of P500, replacement fee of P1,000, if applicable shall likewise be collected. Payment of fees may be made through the following: Cash Department located at Ground Floor Multi-Storey Building, BSP Complex, A. Mabini Street, Malate, Manila upon generation of Order of Payment at the ISD I Registration Counter or at any BSP Regional Offices/Branches as the case maybe. b. In the form of Manager's Check (MC) or Postal Money Order (PMO) payable to the Bangko Sentral ng Pilipinas sent through Registered mail or courier. The complete documents including proof of payment of applicable fees may be su bm itted either through : a. Personal filing at ISD I Registration Counter, Ground Floor Multi-Storey Building, BSP Complex, A. MabiniStreet, Malate, Manila; or b. Postal/Courier services addressed to: The Director Integrated Supervision Department I Bangko Sentral ng Pilipinas 14th Floor, Multi-Storey Building BSP Complex, A. MabiniStreet 1004 Malate, Manila ll. Notification Procedures A. Commencement of Pawnshop Operations A pawnshop operator shall commence actual pawnshop business operations within six (6) months from the date of issuance of the Authority to Operate. Failure to commence actual pawnshop business operations within the aforementioned six (5)- month period shall render the BSP Authority to Operate as automatically cancelled.

The pawnshop operator shall notify the BSP in writing of the start of operations within five (5) business days from the actual start of operations. B. Establishment of Additional Pawnshop Office/Branch The pawnshop operator shall notify the BSP regarding each and every pawnshop office it operates within five (5) working days from the start of each office's operations pursuant to Section 20 of Circular No. 938. Notification guidelines: 1. The notification shall be submitted using the Data Entry Template (DET) prescribed form. In using the DET, the following shall be observed: a. Download the prescribed DET and User's Guide or request directly from BSP-ISD I thru email address [email protected]. b. Accomplish the prescribed DET and save using the file name "DET - Pawnshop Name" (example: DET - ABC Pawnshop). c. The duly accomplished DET shall be submitted through e-mail address [email protected] using the prescribed format for the subject as follows: <Application Type> - <Mode of Submission*>, <Province, City/Municipality* of Head Office>, <Name of Pawnshop> as illustrated below: lllustrotion To: lSDlLicensine@ bso.sov. oh Subject: Establishment of Additional Offices - Personal, Metro Manila, Manila, ABC Pawnshop * Mode of submission of documents, if through Personal filing (Personal) or Postal/Courier services (Mail) ** The citylmunicipality in the subject refers to the location of the head office. The e-mail address to be used by the entity should belong to an authorized responsible officer. lt shall be considered as the official e-mail address registered with BSP which shall be used for official communications. d. Print the corresponding DET generated application Form 5P. Said Form 5P duly signed by the authorized signatory shall be submitted together with the documentary requirements listed in Annex A. The pawnshop operator shall submit the documents/DET generated forms within five (5) working days from the date of the e-mail. Page 3 of4

2. The BSP shall issue the corresponding Registration Number for each additional pawnshop office. C. Transfer/Relocation of Business A notice of transfer using the BSP-prescribed form (Form 6P) shall be submitted within five (5) working days after the effectivity of such transfer together with the following documentary requirements: a. Certified true copy (by the Head of Business Permit and Licensing Office or equivalent position, with printed Name and Designation) of the business permit from the city/municipality having territorial jurisdiction over the place of establishment and operation; b. Original Certificate of Authority (if the transfer involved the Head Office) or an affidavit in case of loss; c. Original Certificate of Registration as FXD/MC and/or RA (if applicable); d. Metal plate bearing the old address; and e. Payment/proof of payment of applicable fees. D. Voluntary Closure of a Pawnshop Office A notice of closure using the BSP-prescribed form (Form 7Pl of a pawnshop office shall be submitted within five (5) working days after the effectivity of such closure together with the following requirements: a. Metal plate issued to pawnshop; and b. Payment/proof of payment of unpaid feef s, if any. For guidance and compliance. I It-l_ 3-ir nVesron n. esCsuu-e, Deputy Governor L? rebruary 2oL7

Submission Deadline: Form 5P 5 working days from the (DETgenerated form) start of office operation (FULL COMPANY NAME) NOTIFICATION OF NEW PAWNSHOP OFFICE (To be completely filled up. Indicate "NA" if an item is not applicabte) Thru: The Office ofthe Director Integrated Supervision Department I PUBuantroPEsidenth|DecEeo'11landM.nua|olnegu|ationsfo.|{on-BantFinan.|a||n9tliutio.s{MoRNrF|}-Pawishoo{P)Regu|et|on9,a3anended,lhecid&6e$Pdthe commenemem of op€nftlons of the followlng pawffhor officey't Date of Actual Dat$ ofAnendance in: Control S Branch Name Complete Business Address Branch Manager/ start of Corollary Activaties Pawnshop AMIA Officer-in-Charge Ooerations Seminat In iuppon h€reot, l/we tubmit th. .lodn€nrarv reautEnents ttsr€d in Ams A, |heEbyenifYundelthepena|tlcsof,erjUrythatthEabow-l|s1€dopehtingom.eVb6nch$,togctherwiththecot$pond|n.re|€va||tinim.on,.ietfu€ | turther.erdry $at rhe FdwBhop l! .omptiant with s.c on 20 of circutar No, 9:,a dded et o@nber 2ot6. (Signature over Printed Name of Proprietor/Managing Partner/President /Authorized Officerl/) oestgn.tion -5upoortd''$n*nt.d.re|.|rJ.rf.v.urnoddirr,.Eo'V.nt|tyto.d|ib!h:|foffrort|dh.fh|p/.qIotoon.|n..d:

ANNEX A Notification of New Pawnshop Office Company Name: Date: Documents to be submitted (fastened in a folder) Remarks (Mgo dokumentonq dopat iposa na nakapoloob sa folder) 1. Dufy certified Form 5P fData Entrv Templote DEfl oeneroted forml. 2. System generated acknowledgement e-mail from [email protected]. 3. Letter of Undertaking (Annex A-1)that the pawnshop office was established and shall operate within the framework and limitations of P.D. No. 114 and applicable rules regulations. 4. Certified true copy (by the Authorized Signatory) of the certificates of attendance or a sworn undertaking to attend, of the personnel designated in-charge of the pawnshop office in a briefing on pawnshop regulations and a seminar on AMLA, as amended, conducted by the Bangko sentral or the Anti-Money Laundering council, or its accredited service provider, detailed as follows: Name Position Date(s) Attended (continue in a seporote sheet if necessorv) 5. Certified true copy (by the Head of Business Permit and Licensing Office or equivalent position, with printed Name and Designation) of the business permit from the city/municipality having territorial jurisdiction over the place of establishment and operation. 6.. PaVment/Proof of payment of applicabte fees. INCOMPIETE DOCUMENTS WItt NOT BE ACCEPTED (H'NDI TATANGGAPIN ANG MGA DOKUMENTONG KULANG) NOTE(S) (to be fiiled-up by BSP personnet only): 1. 2. 3. 4. 5. Submitted by: ! Received by: f] Returned by: (Signature over printed name) (Signature over printed name) Date : Date :

Annex A-1 REPUBLIC OF THE PHILlPPINES ) CITY )s.s. DEED OF UNDERTAKING l, (name ond designation), of legal age and under oath, declare the following: That I have been duly authorized by (compony nomel with principal address at and contact details and its Board of Directors/Partners/Owners to bind (compony namel to strictly comply with all the requirements, rules and regulations of the Bangko Sentral ng Pilipinas (BSP) regarding the licensing and operations of pawnshop business and other relevant laws, rules and regulations. lcompany nomel Board of Directors/Partners/Owners/Officers hereby understands, undertakes and ensures that: 1. l/We shall strictly comply with all the requirements, rules and regulations of the Bangko Sentral regarding the licensing and operations of pawnshop business as provided under Presidential Decree (P.D.) No. 114, Manual of Regulations for Non-Bank Financial Institutions Pawnshop (MORNBFI P) and BSP Memorandum No. M-2017-003 dated 27 lanuary 2OL7; 2. The pawnshop office/s was/were established and shall operate within the framework and limitations of P.D. No. 114, MORNBFI - P, BSP Memorandum No. M-2017-003 dated 27 January 2OL7 and other applicable laws, rules and regulations. (Signature over printed name of Proprietor/Managing Partner/ President/Authorized Officerl) Designation SUBSCRIBED AND SWORN to before me this _ day of 20- , tn the City/Mu nicipality of by: Name Anv sovernment issued lD Expiry Date Notary Public Doc. No. Page No. Book No. Series of 20 Supported with notarized special power of attorney authorizing a person/entity to act in behalf of the proprietor/ partnership/corporation. In the case of a corporate applicant, a certified true copy of the board resolution authorizing the person or entity shall likewise be submitted.

Submission Deadline: Form 6P 5 working days after the (DET generated form) effectivity of transfer Page 1 of 1 (FWdt$PAravMw) t(mHcal|ot ot tMr$Ei oF r(tcaTtot{t {To be conpletely tlled up. Indidte't|A" if an itm ls not applkable) 'nru: rte Office ot the Diredor Integr.t€dSup€Nlslon Departmentl PursuanrtoPresidemia|D€.reeNo'u4andManu.|ofRegu|.tionsforNon'5..kFin..d.||nn|tu(s{MoRBH)-Pawn loetlon of the following pawnshot ofioe/s: Date ot Effectivity Date Control s Branch Name PS ReSistration Numbel Previous Address New Address al^.rf. af Tpncfar ----------NOTHtNG FOLLOWS- In support hereof, l/we submit the documentary requirements as follows: a. Certifiedtruecopy(bytheHeadofBusinessPermitandLicensingOfficeorequivalentposition,withprintedNameandDesignation)ofthebusinesspermitfromthe city/municipality having territorial jurisdiction over the place of establishment and operation b. Original Certificate of Authority (if the transfer involved the Head Office) or an affidavit in case of loss c. Original Certificate of Registration as FXD/MC and/or RA (if applicable) d. Metal plate bearing the old address e. Payment/proof of payment of applicable fees I hereby certifo under the penalties of perjury that the requirements prescribed under Section 15 of PD 114 have been complied with. (Signature over Printed Name of Proprietor/Managing Partner/President /Authorized Officeru) Desi6nation "$roeddd'd'.dipxh|Fw.'.trom'.ot|Edn[.,re'Vdtvto.dIib.h.|'.'oErr,de/td3!hi/E'Po[td'hfo*olrd!mt.rFe||.a.dd

Submission Deadline: Form 7P 5 working days after the (DET generated form) effectivity of closure Page 1 of 1 (FULLCOMPANY NAME) NOTIFICATION OF VOLUNTARY CTOSURE OF A PAWNSHOP OFFICE (To be completely filled up. Indicate "NA" if an item is not applicable) Thru: The Office of the Director Date: Integrated Supervision Department I Pur'uanttoPr$|dent|.|DefeNo.11..ndM.nu|ofRe8!|atIon5forIon-B.nkFinan.|.||n'dtut|ons{MoRilBF|)-P.9n closure of the following pawnshop o'ffioe/s: PS Registration Date of Control S Eranch Name Complete Business Address Corollary Activities Numbel In support hereof, l/we submit the following: a. Metal plate issued to pawnshop b. Payment/proof of payment of unpaid fee/s, if any I hereby certify under the penalties of perjury that the requirements prescribed under Section 16 of PD 114 have been complied with. Pa rtner/President /Authorized Officerv) Desl natlon -'uDrdl.dvldnohdz.d.Fc|.|D.mo'.tiorn.vr(hodd[r'.EdvM!lybd|nh.hfdh.prFi&r/p.fh|'y6Il.o''|nfd.ol