Securities and Exchange Commission

Gonzales 11:25 AM, Sep 11, 2023

September 11, 2023

Dear Mary Joanna,

Thank you for your request dated Sep 11, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for OLAs that have interest rates that aren’t in SEC guidelines.

We received your request on Sep 11, 2023 and will respond on or before Oct 02, 2023 09:59:26 AM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEFNFQy0xNjQzMDMwMjUwNTAM, for request with ticket number #SEC-164303025050.

Thank you.

Respectfully,

Isma Gonzales
FOI Officer

Quimio 03:15 PM, Sep 11, 2023

September 11, 2023

Dear Mary Joanna Boada,

Greetings!

Thank you for your request dated Sep 11, 2023 09:59:26 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your Request

You asked for OLAs that have interest rates that aren’t in SEC guidelines.

Response to Request
Madam:
The BSP interest ceiling rates per its Circular and implemented by SEC through a Memo Circular have 4 requirements. Should the loan contract not fall within the scope of the BSP ceiling of interest, the contracting parties (borrower and lender) may stipulate as to the interests.

The borrower is expected to read and understand the Loan Contract before he/ she affixes the signature, signifying consent. Should there be other concerns, the same can be filed before the courts of appropriate jurisdiction, if the parties failed to amicably settle.

To find out more about the specifics of your complaint, you may file a formal complaint with us by following the instructions below:

1.      To File a Formal Complaint Against a Lending or Financing Company

Kindly follow this link: http://www.sec.gov.ph/lending-companies-and-financing-companies/complaints/.

Please read and follow the instructions carefully to avoid the outright dismissal of your complaint.

In sending the complaint form to flcd_complaints@sec.gov.ph via e-mail, kindly use the following format in the subject head of the e-mail: COMPLETE NAME _RESPONDENT COMPANY _ SUBJECT OF COMPLAINT (ex: JUAN DELA CRUZ_ABC LENDING_DISCLOSURE STATEMENT VIOLATION).

2.      To verify Lending Companies, Financing Companies and Online Lending Platforms

For a list of registered lending and financing companies, follow these links:

a. Registered Lending Companies

https://www.sec.gov.ph/lending-companies-and-financing-companies-2/list-of-lending-companies-2/

b. Registered Financing Companies

http://www.sec.gov.ph/lending-companies-and-financing-companies/list-of-financing-companies/

For a list of recorded online lending platforms of lending and financing companies, please refer to this link:

https://www.sec.gov.ph/lending-companies-and-financing-companies-2/list-of-recorded-online-lending-platforms/

3.      For more information on Lending and Financing Companies

For more information, refer to this link: http://www.sec.gov.ph/lending-companies-and-financing-companies/complaints/
 
As to your issues on data privacy violation or violations of R.A. 10173, or the Data Privacy Act of 2012, please contact:

Atty. Michael R. Santos
Chief, Complaints and Investigation Division
National Privacy Commission
 
Address: 5th Floor Delegation Building, PICC Complex, Roxas Boulevard
E-mail:  complaints@privacy.gov.ph; hearings@privacy.gov.ph
Landline: 02-8-2342228 loc 114 or 115
Mobile Number: 0905-5061478 (Globe); 0970-8180555 (Smart)


Thank you for your time and effort in assisting the Commission in our mandate to regulate and supervise lending and financing companies. 

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to the Commission Secretary at comsec@sec.gov.ph. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.


Thank you

Atty. Kenneth Joy A. Quimio
Asst. Director
Financing and Lending Division
SEC