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Accounting Alert

Amendments to the Regulations on the Periodic Review of Trust, Investment Management, and Other Fiduciary Accounts

Background

The Monetary Board in its Resolution No. 1237 dated 25 October 2024 approved the amendments to Appendix 86 of the Manual of Regulations for Banks (MORB) and Appendix Q, 49 of the Manual of Regulations for Non-Bank Financial Institutions (MORNBFl) to set the supervisory expectations on the conduct of periodic review of trust, investment management, and other fiduciary accounts.

Amendments

The basic standards in the administration of trust, investment management, and other fiduciary accounts are meant to address the significant areas of operations and provide the minimum set of requirements and procedures:

  • Periodic review of existing accounts – A trust entity (TE) shall conduct periodic reviews of its trust, investment management, and other fiduciary accounts, to ensure that the TE performs its fiduciary duties and responsibilities. The account review shall include administrative and investment review.
  • Administrative review – at the minimum, the following areas shall be covered for the administrative review:
    • Existence of an accurate. complete, and current governing instrument; and
    • Extent and timeliness, of the trust entity's performance of the duties and responsibilities (e.g. investment execution, real estate management, adherence to distribution clauses, processing of retirement/pre-need benefits) set out in the governing agreements and as required by relevant regulatory bodies or other interested parties.

Frequency of review: Once every three years. Review shall be conducted more frequently for accounts vested with public interest.

  • Investment review – at the minimum, the following areas shall be covered for the investment review:
    • Suitability of the investment portfolio(s) vis-a-vis the governing agreements, client's risk profile, and any law-mandated restrictions;
    • Propriety of asset allocation and investments vis-a-vis client's liquidity needs, investment objectives, risk tolerance, and tax considerations, if any;
    • Fund performance evaluation vis-a-vis the designated benchmark or other relevant performance metrics;
    • Promptness of deployment of funds to investments considering the nature and purpose of the account; and
    • Degree of concentration to a specific security issuer or industry considering the investment objectives, asset allocation model, and/or purpose of the account.

Frequency of review: At least annually, or more frequently depending on the nature, investment needs and/or requirements of the accounts.

  • Effectivity – the circular shall take effect 15 calendar days following its publication in the Official Gazette or in a newspaper of general circulation.

Please see attached circular for further guidance.

BSP Circular No. 1204

BSP Circular No. 1204

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