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Accounting Alert

Enhanced Compliance Incentive Plan (ECIP)

Background

Section 177 of the RA 11232 or the Revised Corporation Code states that it is the responsibility of corporations and partnerships to timely submit reportorial requirements. To further encourage to maintain the regulatory compliance of entities and to maintain a reliable database of corporations, the Commission adopts an Enhanced Compliance Incentive Program (ECIP).

Key Guidelines

  • Covered violations – ECIP shall cover unassessed, i.e. not yet assessed or without issued Payment Assessment Form, and/or uncollected fines and penalties by the Commission, i.e., already assessed but not yet paid, for the following violations by corporations, including branch offices, regional headquarters, and regional operating headquarters of foreign corporations:
    • Non-filing of General Information Sheet (GIS) for the latest and prior years;
    • Late filing of GIS for the latest and prior years;
    • Non-filing of AFS, whether audited or certified, including fines for its attachments [e.g. Certificate of Existence of Program/Activity (COEP), Non-Stock and Non-Profit Organization (NSPO) Forms], for the latest and prior years;
    • Late filing of AFS, including fines for its attachments (e.g. COEP, NSPO Forms), for the latest and prior years;
    • Violations under SEC MC. 28, s.2020  or ”Requirement for Corporations, Partnerships, Associations, and Individuals to Create, and/or Designate E-mail Account Address and Cellphone Number of Transactions with the Commission.”
  • ECIP Rates – the following are the applicable rates under the circular:
    • P20,000 for late and non-filing of GIS, late and non-filing of AFS, or non-compliance with MC 28. The rate shall apply provided that the applicant entity will submit the latest reportorial requirement due at the time of applications and comply with MC 28.
    • P3,060 and 50% of the assessed fines for suspended and revoked corporations. The rate shall apply subject to payment of the filing/petition fee and the appropriate proceedings with the Company Registration and Monitoring Department (CRMD) and Extension Offices (EOs), as well as compliance with the other requirements in the circular.

Payment of the ECIP fee does not confer compliant status or does not automatically lift the suspension and revocation. Corporations are required to submit the supporting documents as outlined in the Section 3 of the attached circular.

  • Exceptions – the following entities are excluded from the coverage of the ECIP:
    • Corporations whose securities are listed on the Philippines Stock Exchange (PSE);
    • Corporations whose securities are registered but not listed on the PSE;
    • Corporations considered as Public Companies;
    • Corporations with intra-corporate dispute;
    • Corporations with disputed GIS;
    • Corporations with expired corporate term;
    • Other corporations covered under Sec. 17 of RA No. 8799 or “Securities Regulations Code”
  • Effectivity – the circular shall take effect immediately upon completion of its publication in a newspaper or general circulation. Further, the implementation of SEC Resolution No. 435, s 2010, is hereby suspended, Applications for the ECIP shall be accepted starting from September 2, 2024 to November 30, 2024.

Please see attached circular for further guidance.

SEC MC No. 13, series of 2024

SEC MC No. 13, series of 2024

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