PHILIPPINE DEPOSIT INSURANCE CORPORATION LAW Flashcards
(35 cards)
What is the government instrumentality created in 1963 by virtue of Republic Act 3591 to insure the deposits of all banks which are entitled to the benefits of insurance and considered as an attached agency of the Department of Finance?
a. Development Bank of the Philippines (DBP)
b. Landbank of the Philippines (LBP)
c. Philippine Deposit Insurance Corporation (PDIC)
d. Bangko Sentral ng Pilipinas (BSP)
The following are the composition of the board of directors of the Philippine Deposit Insurance Corporation (PDIC) except
a. Secretary of Finance
b. President of the PDIC, who shall be appointed by the President of the Philippines
c. Four (4) members from the private sector to be appointed by the President of the Philippines
d. None of the above
The following are the qualifications of the board of directors of the PDIC except
a. Good moral character
b. Unquestionable integrity and responsibility
c. Recognized competence in economics, banking and finance law, management administration or insurance
d. At least 45 years old
Which of the following is not a function of the PDIC?
a. Insurance
b. Corporate rehabilitation
c. Receivership of closed banks
d. Bank examination
It means the unpaid balance of money or its equivalent received by a bank in the usual course of business and for which it has given or is obliged to give credit to a commercial, checking, savings, time or thrift account, evidenced by a passbook, certificate of deposit, or other evidence of deposit issued in accordance with Bangko Sentral ng Pilipinas rules and regulations and other applicable laws, together with such other obligations of a bank
a. Insured deposit
b. Insured bank
c. Disputed claim
d. Deposit
Which of the following deposits is not insured by PDIC?
a. Savings Deposit
b. Special Savings
c. Telegraphic notes or Telegram notes
d. Negotiable Order of Withdrawal
Which of the following is insured by PDIC?
a. Investment in bonds issued by government
b. Investment in stocks of a private corporation
c. Trust account
d. Demand or Checking account
Which of the following deposits is not insured by PDIC?
a. Certificate of Time Deposit in Philippine National Bank Makati Branch
b. Bank Deposit in Japan Bank Tokyo Branch
c. Savings Deposit in Metrobank Manila Branch
d. Special Savings in Bank of Philippine Islands Taguig Branch
Which of the following deposits is insured by PDIC?
a. Investment products which do not fall under the definition of a deposit
b. Deposit accounts that are fictitious or fraudulent
c. Deposit accounts constituting or emanating from unsafe or unsound business practices
d. Deposit accounts that are determined to be proceeds from an unlawful activity as defined in AMLA
e. None of the above
Statement I: The Philippine Deposit Insurance Corporation (PDIC) shall insure the deposits of all banks
Statement II: The PDIC shall promote and safeguard the interests of the depositing public by providing insurance coverage on all insured deposits and helping maintain a sound and stable banking system
a. Only Statement I is true
b. Only Statement II is true
c. Both are true
d. Both are false
It means the amount due to any bonafide depositor for legitimate deposits in an insured bank as of the date of closure but not to exceed P500,000
a. Insured bank
b. Insured deposit
c. Disputed claim
d. Deposit
Statement I: A joint account regardless of whether the conjunction ‘and’, ‘or’, ‘and/or’ is used, shall be insured separately from any individually-owned deposit account
Statement II: That the aggregate of the interest of each co-owner over several joint accounts, whether owned by the same or different combinations of individuals, juridical persons or entities, shall likewise be subject to the maximum insured deposit of P500,000
a. Only Statement I is true
b. Only Statement II is true
c. Both are true
d. Both are false
Statement I: If the account is held jointly by two or more natural persons, or by two or more juridical persons or entities, the maximum insured deposit shall be divided into as many equal shares as there are individuals, juridical persons or entities, unless a different sharing is stipulated in the document of deposit
Statement II: If the account is held by a juridical person or entity jointly with one or more natural persons, the maximum insured deposit shall be presumed to belong entirely to such juridical person or entity
a. Only Statement I is true
b. Only Statement II is true
c. Both are true
d. Both are false
Statement I: Whenever upon examination by the PDIC into the condition of any insured bank, it shall be disclosed that an insured bank or its directors or agents have committed, are committing or about to commit unsafe or unsound practices in conducting the business of the bank, or have violated, are violating or about to violate any provisions of any law or regulation to which the insured bank is subject, the Board of Directors shall submit the report of the examination to the Monetary Board to secure corrective action thereon
Statement II: Each insured bank shall keep and maintain a true and accurate record or statement of its daily deposit transactions consistent with the standards set by the Bangko Sentral ng Pilipinas and the PDIC
a. Only Statement I is true
b. Only Statement II is true
c. Both are true
d. Both are false
Statement I: PDIC may require proof of claims to be filed before paying the insured deposits
Statement II: In any case, where PDIC is not satisfied as to the viability of a claim for an insured deposit, it may require final determination of a court of competent jurisdiction before paying such claim
a. Only Statement I is true
b. Only Statement II is true
c. Both are true
d. Both are false
Statement I: Whenever a bank is ordered closed by the Monetary Board, the PDIC shall be designated as receiver and it shall proceed with the takeover and liquidation of the closed bank
Statement II: The receiver is authorized to adopt and implement, without need of consent of the stockholders, board of directors, creditors or depositors of the closed bank, any or a combination of (1) conventional liquidation; and (2) purchase of assets and/or assumption of liabilities; as modes of liquidation
a. Only Statement I is true
b. Only Statement II is true
c. Both are true
d. Both are false
In addition to the powers of a receiver provided under the existing law, the PDIC, as receiver of a closed bank, is empowered to
a. Represent and act for and on behalf of the closed bank
b. Gather and take charge of all the assets, records and affairs of the closed bank, and administer the same for the benefit of its creditors
c. Convert the assets of the closed bank to cash or other forms of liquid assets
d. All of the above
Statement I: Upon the designation of the PDIC as receiver of a closed bank, it shall serve a notice of closure to the highest-ranking officer of the bank present in the bank premises, or in the absence of such officer, post the notice of closure in the bank premises or on its main entrance
Statement II: The receiver shall have authority to use reasonable force, including the authority to force open the premises of the bank, and exercise such acts necessary to take actual physical possession and custody of the bank and all its assets, records, documents and take charge of its affairs upon the service of the notice of closure
a. Only Statement I is true
b. Only Statement II is true
c. Both are true
d. Both are false
Statement I: The receiver shall have the authority to facilitate and implement the purchase of the assets of the closed bank and the assumption of its liabilities by another insured bank, without need for approval of the liquidation court
Statement II: The assets gathered by the receiver shall be evaluated and verified as to their existence, ownership, condition and other factors to determine their realizable value
a. Only Statement I is true
b. Only Statement II is true
c. Both are true
d. Both are false
In the management and/or conversion of the assets of the closed bank, the receiver shall have the authority to
I. Conduct a physical or ocular inspection of the properties owned by, or mortgaged to, the closed bank, to determine their existence and present condition
II. Determine the disposal price of assets in accordance with generally accepted valuation principles, standards and practices
a. Only Statement I is true
b. Only Statement II is true
c. Both are true
d. Both are false
Statement I: The creditors shall have a period of nine (9) months from the date of publication of notice of the approval by the court of the final asset distribution plan of the closed bank within which to claim payment of the principal obligations and surplus dividends
Statement II: The individual stockholders of record or their duly-authorized representative or the court-appointed stockholders’ representative shall have a period of nine (9) months from publication of notice of the approval by the court of the final asset distribution plan of the closed bank within which to claim the residual assets
b. Only Statement I is true
c. Only Statement II is true
c. Both are true
d. Both are false
Statement I: All payments by the PDIC of insured deposits in closed banks partake of the nature of public funds
Statement II: The PDIC, in its discretion, may require proof of claims to be filed before paying the insured deposits, and that in any case where the PDIC is not satisfied as to the validity of a claim from an insured deposit, it may require final determination of a court of competent jurisdiction before paying such claim
a. Only Statement I is true
b. Only Statement II is true
c. Both are true
d. Both are false
It occurs whenever a deposit account with an outstanding balance of more than the statutory maximum amount of insured deposit maintained under the name of natural or juridical persons is broken down and transferred into 2 or more accounts in the name/s of natural or juridical persons or entities who have no beneficial ownership on transferred deposits in their names within 120 days immediately preceding or during a declared bank holiday, or immediately preceding a closure order issued by the Monetary Board of the Bangko Sentral ng Pilipinas for the purpose of availing of the maximum deposit insurance coverage
a. Splitting of deposits
b. Division of deposits
c. Separation of deposits
d. Partition of deposits
Under the amendment of PDIC Charter, may PDIC pay the insured deposits of a depositor without netting out depositor’s loan obligation with the closed bank?
a. Yes, but only using the closed bank’s records alone
b. Yes, even based on evidence of deposits and not on the closed bank’s recorded loan
c. No, because it will violate of the right to due process of the bank
d. No, because it will violate the principles of legal compensation