Guidelines on the Imposition of Fines or Penalties

July 31, 2002 GUIDELINES ON THE IMPOSITION OF FINES OR PENALTIES FOR NON-COMPLIANCE WITH REPORTORIAL REQUIREMENTS Whereas, registered corporations, for various reasons, have not complied with the submission of the required reports and have petitioned for a reduction/reconsideration of the assessed penalties as provided by law; EIcSDC Whereas, the penalties imposed upon these delinquent corporations have not been envisioned to impose excessive burdens but as corrective measures; Wherefore, the Commission by virtue of the powers vested upon it by existing laws, hereby promulgates a new scale of penalties imposed on corporations under the conditions herein provided. SECTION 1. These guidelines shall apply only to violations by corporations of the law and rules on submission of required reports, namely: the General Information Sheet (GIS) and/or the Affidavit of non-holding of annual meeting (ANHM), Affidavit of non-operation (ANO), Notice of postponement of annual stockholders'/members' meeting and the Financial Statements (FS) including the registration of Stock and Transfer Book (STB) or Membership Book (MB) and the late filing of by-laws. These Guidelines shall not apply to corporations whose securities are registered under the Securities Regulation Code or listed in the Philippine Stock Exchange and those with secondary licenses issued by the Securities and Exchange Commission. SECTION 2. The new scale of penalties for Non-filing of a) General Information Sheet (GIS) and b) Financial Statements (FS) shall be as follows: a) STOCK CORPORATIONS Retained Earnings from Latest Fine Per Report/Per Year Audited Financial Statement UP to P100,000.00 P1,000.00 P100,001.00 to P500,000.00 P3,000.00 P500,001.00 to P5,000,000.00 P5,000.00 P5,000,001.00 to P10,000,000.00 P7,000.00 Above P10,000,000.00 P10,000.00 Stock corporations with deficit shall be assessed P500.00 per report while those with capital deficiency shall be assessed P250.00 per report. b) NON-STOCK CORPORATIONS UP to P100,000.00 P500.00 P100,001.00 to P500,000.00 P1,500.00 P500,001.00 to P10,000,000.00 P2,500.00 P10,000,001.00 to P100,000,000.00 P3,500.00 Above P100,000,000.00 P5,000.00 Non-stock corporations with negative fund balance shall be assessed P500.00 per report. SECTION 3. For late filing of the above-mentioned reports for both stock and non-stock corporations, the penalty shall be 50% of the above scale of penalties. Late filing shall refer to the filing of the required reports beyond the period in which the same is required under the present rules (which is within 30 days from date of annual meeting for GIS; and within 120 days from end of fiscal year for the FS) but within one (1) year in which the said reports are required to be filed counted from the last date set for filing. SECTION 4. Failure to submit the required reports on the ground of non-operation shall be assessed a flat rate penalty of P400.00 for stock corporations and P200.00 for non-stock corporations per year of non-operation. SECTION 5. For subsequent violations of the pertinent rules on submission of required reports, the following shall govern: 2nd violation assessed penalty plus 10% surcharge 3rd violation assessed penalty plus 15% surcharge 4th violation suspension or revocation of the certificate of registration SECTION 6. Penalties for late filing of: a) Notice of Postponement of Annual Stockholders'/Members' Meeting P300.00 b) Affidavit of Non-Holding of Annual Stockholders'/Members' Meeting P300.00 c) By-laws: Stock Corporations P1,000.00 Non-Stock Corporations 500.00 d) Corporate books Stock and Transfer Book (stock corporation) P1,000.00 Membership Book (non-stock corporation) P500.00 SECTION 7. This new scale of penalties shall take effect immediately. EHIcaT EDSA, Mandaluyong City, Metro Manila, Philippines. (SGD.) LILIAN R. BAUTISTA Chairperson