Guidelines in the Filing or Submission of the Mandatory Disclosure Form (MDF)
SEC-EIPD Notice • Securities and Exchange Commission Departments • Enforcement and Investor Protection Department (EIPD)
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2022 ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT NOTICE TO ALL NON-STOCK CORPORATIONS GUIDELINES IN THE FILING OR SUBMISSION OF THE MANDATORY DISCLOSURE FORM (MDF) In view of the transition from the Modified Enhanced Community Quarantine to General Community Quarantine in the National Capital Region, and taking into account the need to continue to implement safety measures and protocols in the filing, receiving, processing and acknowledgment of documents received by the Commission, all concerned are hereby notified of the following Guidelines in the filing or submission of the Mandatory Disclosure Form (MDF): 1. Accessibility of the MDF online . The link for filling out the MDF online shall remain accessible to the public only until 15 July 2020 . Non-Stock Corporations who have not yet submitted their MDFs online are thus advised to immediately fill out and submit the form online on or before 15 July 2020 using the following link: https://forms.gle/98PgYVzVj9RUU59r8 2. Notarization requirements . Printed copies of the MDF must be duly notarized. 3. Number of copies to be submitted . Only one (1) original copy will be received by the SEC. A duplicate receiving copy may however be presented, together with the original copy submitted. 4. Allowed means of filing/submission of printed MDF . Printed and notarized copy of the MDF may be submitted through any of the following means: a. Via courier services . Printed and notarized MDFs may be sent via courier services. MDFs filed through courier services shall be deemed to have been filed on the date they were received by the courier. The courier packaging or label must clearly show the date when the said MDF was filed. It shall be addressed to: Atty. Oliver O. Leonardo Director Enforcement and Investor Protection Department Securities and Exchange Commission 9th Floor, The SEC Headquarters 7907 Makati Avenue, Barangay Bel-Air, Makati City 1200 b. Via registered mail . Printed and notarized MDFs may be sent via registered mail through postal services/post offices and the post office stamp must clearly reflect the date it was mailed. MDFs filed through registered mail shall be deemed to have been filed on the date they were mailed. It shall be addressed to: Atty. Oliver O. Leonardo Director Enforcement and Investor Protection Department Securities and Exchange Commission 9th Floor, The SEC Headquarters 7907 Makati Avenue, Barangay Bel-Air, Makati City 1200 c. Via electronic mail . i. Scanned copies of the printed and notarized MDFs may be sent in Portable Document Format (PDF) to the following email address: [emailprotected] ii. The following information shall be indicated in the subject field of the email: MDF submission-(company name) (date of online submission: mm/dd/yy) . iii. The authorized person who signed the verification/declaration page of the MDF must likewise execute an undertaking stating that they shall submit a hard copy of the printed and notarized MDF should they be required to do so by the Commission. Such a written undertaking shall likewise be scanned and sent in PDF in the same email along with the scanned copy of the printed and notarized MDF. Said undertaking as shown in Annex "A" of these Guidelines may be downloaded through this link: https://www.sec.gov.ph/2020aml_form_annex-a/ iv. It is required that the same official company email address used in filling out the MDF online be used in submitting the scanned copy of the MDF for verification purposes. All communications and acknowledgments from the SEC may thereafter be sent through such official company email address and the entity concerned is charged with the responsibility of maintaining the same. Any change in the company's official email address shall be immediately communicated in writing to the Enforcement and Investor Protection Department (EIPD) by its Corporate Secretary. Until then, all communications sent to the official company's email address as appearing on record shall be deemed to have been received by said company. v. The scanned notarized MDFs sent through electronic mail shall be deemed to have been filed on the date the electronic mail was sent, provided that the printed and notarized copy is submitted within a specified period as may be required by the Commission. vi. An email acknowledging receipt shall be sent to the company filing their MDFs through electronic mail within five (5) days from the date the MDF was received. The said acknowledgment receipt must be printed and attached to the printed and notarized MDF. 5. Receiving copy . The parties filing their MDFs through courier and registered mail shall include a duplicate copy of the MDF for their receiving copy. The duplicate copies stamped received by the EIPD may later be picked up by an authorized representative of the party concerned with a valid government ID and proper authorization by the company being shown. Only those who have sent two (2) copies may claim their receiving copy from the SEC Main Office, once the community quarantine has been officially lifted. The public is advised that the release and processing of such documents may take time as there are safety and disinfecting protocols that must be followed by the Commission in the handling of documents received from and released to the public. 6. Avoid personal submission at the SEC Main Office . The public is urged, as much as possible, not to personally come to the SEC Main Office to submit the MDFs to avoid unnecessary exposure to the Corona Virus Disease (COVID-19). 7. Submission to the Extension Offices . Printed and notarized MDFs may still be accepted and received at the SEC-Extension Offices (EOs). Only one (1) original copy will be received by the EOs. A duplicate receiving copy may however be presented, together with the original copy submitted. The said duplicate receiving copy shall be stamp marked as received by the SEC receiving employee with the corresponding date and time of receipt and shall be returned to the submitting party. 8. Deadline for submission . The deadline for submission of the printed and notarized copy of the MDFs shall be on 31 July 2020 , provided that no community quarantine is still in effect and all travel restrictions have accordingly been lifted. All MDF submissions coursed through courier services, registered mail and electronic mail must be mailed or received by the courier not later than 31 July 2020. 9. Failure to submit within the deadline . The printed and notarized MDF must be submitted on or before the specified deadline as failure to do so would be a ground for the imposition of applicable penalties and/or revocation of the Certificate of Incorporation of the concerned Non-Stock Corporation as provided for in Memorandum Circular No. 25, Series of 2019. For any further information, please email the AMLD at [emailprotected] or visit the SEC website at www.sec.gov.ph . FOR INFORMATION AND GUIDANCE OF THE PUBLIC.
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