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Accounting Alert

Guidelines on the Security Deposit of PERA Administrators

Background

Republic Act (R.A.) No. 9505 or the Personal Equity and Retirement Account (PERA) Act of 2008 promotes the capital market development and savings mobilization through the establishment of a legal and regulatory framework of retirement plans for individuals. The Commission previously issued SEC MC No.14-2024 as guidelines on the accreditation of PERA Market Participants which lays out the qualifications for administrator and investment managers. This circular, on the other hand, applies to the security deposit of the administrators which were issued a Qualification Certificate by the Securities and Exchange Commission (SEC).

Guidelines

The Administrator shall be responsible for overseeing the PERA, whose core functions shall include, but not limited to: reporting on contributions made to the account, computing the values of investments, educating the Contributor, enforcing PERA contributions and withdrawal limits, collecting appropriate taxes and penalties for the government, securing BIR Income Tax Credit Certificates for the Contributor, consolidating reports on all investments, income, expenses and withdrawals on the account and ensuring that PERA contributions are invested in accordance with the prudential guidelines set by the Regulatory Authorities.

Below are the guidelines set by the Circular:

  • Acceptable Securities – Government securities equivalent to one percent (1%) of the book value of the total volume of PERA assets, or such other amount as the Commission may impose, shall be held by the Administrator as a security and shall be earmarked in favor of the Commission, for the faithful performance of its duties. The security shall be in addition to and shall be treated separately from the capital, surplus and undivided profits of the Administrator. The Administrator shall not withdraw, transfer or replace such earmarked securities without prior written instruction from the Commission.

Refer to the circular attached for the procedures for the submission and acceptance of security deposit

  • Replenishment - Should the PERA Administrator fail to maintain the necessary security deposit, the PERA administrator shall notify the Commission immediately and replenish the same within a non-extendible period of one (1) week from the end of every quarter. Fines and penalties shall be imposed for failure to replenish any deficiency of security deposit within the period:
    • 1st Violation - Php 50,000
    • 2nd Violation - Php 100,000
    • 3rd Violation - Php 150,000, and revocation of Administrator’s Qualification Certificate.
  • Effectivity – The circular shall take effect immediately after its complete publication in the Official Gazette or in at least two newspapers of general circulation in the Philippines.

Please see attached circular for further guidance.

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