Skip to main content

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)

Full text

2022 ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT NOTICE TO ALL NON-STOCK CORPORATIONS GUIDELINES IN THE FILING OR SUBMISSION OF THE MANDATORY DISCLOSURE FORM (MDF) Pursuant to Memorandum Circular No. 25, series of 2019, all non-stock corporations are required to comply with the one-time submission of the Mandatory Disclosure Form (MDF). All non-stock corporations registered after the effectivity of Memorandum Circular No. 25, series of 2019 shall submit the required information in the MDF, as may be applicable, within six (6) months from date of registration. Those who have not submitted the said requirement as of the deadline on 31 July 2020 , you may fill out the online Mandatory Disclosure Form (MDF) thru this link: https://forms.gle/2HMFZqXtLYRmJuDD8 Here's the link to a complete step by step guide which may also be found in our website: https://www.sec.gov.ph/2020faq_online-mdf_06mar2020/ All concerned are hereby notified of the following Guidelines in the filing or submission of the Mandatory Disclosure Form (MDF): 1. Notarization requirements . Printed copies of the MDF must be duly notarized. 2. 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. 3. 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 Ground Floor, PICC Secretariat Building, PICC Complex, Roxas Boulevard, Pasay City 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 Ground Floor, PICC Secretariat Building, PICC Complex, Roxas Boulevard, Pasay City 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) . TIADCc 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. 4. 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. 5. 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). 6. 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. 7. 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. AIDSTE 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 .

Ask what this means for your situation

The assistant quotes the passage it relies on and links the source, so you can check every figure it gives you.