On 22 May 2007, Republic Act No. 9474, also known as the “Lending Company Regulation Act of 2007,” was signed by the President. The law is consistent with the declared policy of the State to regulate the establishment of lending companies and to place their operation on a sound, efficient and stable condition to derive the optimum advantages from them as an additional source of credit; to prevent and mitigate, as far as practicable, practices prejudicial to public interest; and to lay down the minimum requirements and standards under which they may be established and do business. Here is a basic discussion of the new law:
What is a Lending Company?
It refers to a corporation engaged in granting loans from its own capital funds or from funds sourced from not more than nineteen (19) persons. It shall not be deemed to include banking institutions, investment houses, savings and loan associations, financing companies, pawnshops, insurance companies, cooperatives and other credit institutions already regulated by law. The term shall be synonymous with lending investors.
What is the form of organization for a lending company?
A lending company shall be established ONLY as a corporation. Existing lending investors organized as single proprietorships or partnerships shall be disallowed from engaging in the business of granting loans to the public one year after the date of effectivity of the law. No lending company shall conduct business unless granted an authority to operate by the SEC.
What is the capital required for lending companies?
The minimum paid in capital of any lending company established under the law is One Million Pesos (P1,000,000.00). Existing lending companies established and in operation prior to the effectivity of this law shall comply with the required minimum capitalization within such time as may be prescribed by the SEC which time shall, in no case, be less than three years from the date of effectivity. The SEC may also prescribe a higher minimum capitalization if warranted by circumstances.
What is the citizenship requirement?
Upon the effectivity of the law, at least a majority of the voting capital stock shall be owned by citizens of the Philippines. The percentage of foreign-owned voting stock in any lending company existing prior to the effectivity of the law, if such percentage is in excess of forty-nine percent (49%) of the voting stock, shall not be increased but may be reduced and, once reduced, shall not be increased thereafter beyond forty-nine percent (49%) of the voting stock of the lending company. The percentage of foreign-owned voting stocks in any lending company shall be determined by the citizenship of the individual stockholders. In the case of corporations owning shares in a lending company, the citizenship of the individual owners of voting stock in such corporations shall be the basis in the computation of the percentage. No foreign national may be allowed to own stock unless the country of which he is a national accords reciprocal rights to Filipinos.
What are the prescribed amount and charges on loans?
A lending company may grant loans in such amounts and reasonable interest rates and charges as may be agreed upon between the lending company and the debtor. However, the agreement shall be in compliance with the provisions of Republic Act No. 3765, otherwise known as the “Truth in Lending Act” and Republic Act 7394, otherwise known as the “Consumer Act of the Philippines”. The Monetary Board of the Bangko Sentral ng Pilipinas, in consultation with the SEC and the industry, may prescribe such interest rate as may be warranted by prevailing economic and social conditions.
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Hello Atty,
Just wondering if the Peer-to-Peer (or Person-to-Person) lending service is allowed in the Philippines Lending Industry and will not violate the “Lending Company Regulation Act of 2007”. If not allowed yet do you think we can find some loop holes to offer this kind of service for the Filipino’s? Thank you much.
Good day!
How much percentage should the owner give to a debtor for 1month?and if he abuses his license is thier any action to the owner?thank u
Hi sir,
Hihinge po sna ako ng advice Kong pano ko po mairereklamo ang isang lending company, kasi po inalok po ako nila ng promo nila, na pag binayaran ko daw po lahat ng balance ko ay isasama nila ako sa slot ng promo nila which is I need to pay my balance worth 22,350..dhil pay binayaran ko daw po mkaka loan kmi ng 50k-100k daw po, so binayaran ko nga po.. Nong april 25,2017 that day dw na bbayaran ko is mkkukuha ko din daw agar yong niloan ko na 70k.. Kc sa 70k po ako naapproved eh.. 1week na po ngaun WLA prin pong balita at hnd po nila ako cnasagot sa mga tawag at txt ko.. ANO po ang pwede kong gawing legal action sa knila sir, lalo na nagfullypaid ako wla pa ako sa due date ko.. Ty po. Godbless
Hi kumusta pala itong reklamo mo sa lending nasulosyon naba?
Just to clarify kung magkanu na po ngayon ang authorized capitalization ng lending companies. Salamat po God bless.
Hi..good day po mgask lang po SNA aq s mga lending company po ba if gusto MO n mabayaran ung na loan mo is there any need for termination fees magkanu nman po aabutin non?thanks po
Hi! Tanong ko lang, makakasuhan ba ako if e report ko na lost yung atm ko? when ang totoo nasa isang lending institution siya. eto kasing Lil’s or Orpadi Lending Shop, nagpapautang ng 150,000 sa teachers tapos sabi nila okay lang daw 3000 yung monthly payment since yun yung required na ititira sa sahod. Kami naman sa matinding pangangailangan, go agad. yun pala ang original amount is 298,000. ang laki ng interest. tapos kapag mgtatanong kami what if mababayaran namin earlier yung full amount meron ba kaming rebates, sabi meron maliit lang pero d nila masabi magkano at dpat hndi pa nag 1 yr sa kanila yung atm. so if more than 1 yr ka na sa kanila may utang kahit meron ka namang remittance monthly, talagang 298k ang ipapabayad nila.
Hi I wanted to ask , I lend an amount of 3000 from moola lending. i paid the amount with the said due date also after a month they keep on bugging me about my payment that I already paid. They are asking me for a receipt which I dont have anymore,but I ve got an email confirmation of the payment I sent it to them the email and yet it was not enough
Greetings Attorney,
I would like to ask regarding in my case.
– My mother lend money for about 30k using my lot title as collateral.
– Capital money 30k – May 2014
– Interest rate 5% per month
– Payment made:
– 1,500 – 6/3/2014,
– 1,500 – 7/18/2014
– 1,500 – 8/16/2014
– 7,600 – 01/26/2016
And now they ask me to pay 133,304.00php – as of Nov. 2017
– They never give a copy of the contract which my mother signed it.
– No computation given ever since.
– No name of the lending company because she is a friend of my sister.
– How many time I call thru her globe and even send many text to her mobile numbers but still no reply, no answers.
– Sending message on fb.
– Only reply with the amount and no more reply at all.
In my computation with the 5% is about 50,900 interest plus 30k capital = 80,900
Is there any legal ways to get my lot title?
Is their any ways not to pay the 133,304.00php? but the lesser amount.
Please advice.
Thank you very much.
Please advice.
HI po, Good day! Is okay for a Lending company to get our online account access even if they already have our ATM cards? They even changed my online account password which I have my Checking account and other accounts linked into it. I have no access to my online no more. Is this fine? I felt like my privacy was breached.
Hi good evening! I would like to ask po I have a loan on a lending company amounting to 6000p but I was unable to pay it in a month time period. They are charging me 2% daily penalty that is 60% in a month on top of 700 late payment fee. Is this reasonable or if not where can I file a complain??? Thank you!