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Komisyon sa mga Panagot at Palitan | |
Agency overview | |
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Formed | October 26, 1936 |
Jurisdiction | Philippines |
Headquarters | 7907 Makati Avenue, Bel-Air, Makati, Metro Manila, Philippines |
Motto | Your gateway to doing business in the Philippines |
Agency executive |
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Parent department | Department of Finance |
Key document |
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Website | www |
The Securities and Exchange Commission (Filipino : Komisyon sa mga Panagot at Palitan; SEC) is the agency of the government of the Philippines charged with the registration and supervision of corporations and securities, as well as capital market institutions and participants, in the Philippines. The commission promotes investor protection in the Philippines as part of its mandate.
An agency under the Department of Finance, the SEC is headquartered at 7907 Makati Avenue, Barangay Bel-Air, Makati. It has ten extension offices located in Baguio, Tarlac, Legazpi, Iloilo, Bacolod, Cebu, Tacloban, Cagayan de Oro, Davao, and Zamboanga.
The SEC was established on October 26, 1936, by virtue of Commonwealth Act No. 83, or the Securities Act, in order to safeguard public interest in view of the local stock market boom at the time. It was created just two years after the United States Congress created the United States Securities and Exchange Commission.
The Commission's operations formally began on November 11, 1936, with Ricardo Nepumoceno serving as its first commissioner. Its functions then largely revolved around the registration of securities, analysis of every registered security, evaluation of the financial condition and operations of applicants for security issuances, screening of applications for broker’s or dealer’s license, and supervision of stock and bond brokers, and stock exchanges.
The SEC was abolished during the Japanese occupation of the Philippines and was replaced with the Philippine Executive Commission. It was reactivated later in 1947 with the restoration of the Commonwealth Government.
Due to the changes in the business environment, then President Ferdinand E. Marcos reorganized the SEC on September 29, 1975. Under Presidential Decree No. 902-A, the Commission shall have absolute jurisdiction, supervision and control over all corporations, partnerships or associations, who are the grantees of primary franchise and/or a license or permit issued by the government to operate in the Philippines.
In 1981, the SEC was expanded with two additional commissioners and two departments–one for prosecution and enforcement, and another for supervision and monitoring.
In 2000, the SEC was reorganized, as Republic Act (RA) No. 8799, or the Securities Regulation Code, gave greater focus on the Commission’s role in developing the capital market, fostering good corporate governance and enhancing investor protection.
Meanwhile, the Commission’s mandate to champion the corporate sector received a great boost from Republic Act No. 11232, or the Revised Corporation Code of the Philippines (RCC). President Rodrigo Roa Duterte signed the revision of the almost four-decade-old Batas Pambansa Blg. 68 on February 21, 2019, as part of his legislative priorities and 10-point economic agenda, specifically on increasing the economy's competitiveness, and improving the ease of doing business in the country.
The SEC carries out its mandate and functions under the direction of the chairperson, who concurrently serves as the chief executive officer, together with four commissioners. The current chairperson and commissioners are: [2]
The SEC operates through four operating departments, four support services departments, three special offices, and nine extension offices, as follows:
Operating Departments
Support Services Departments
Special Offices
Extension Offices
The major functions of the SEC include the registration and supervision of corporations, including financing and lending companies. It is also charged with the registration of securities, analysis of every registered security, and the evaluation of the financial condition and operations of applicants for security issue. [4]
The SEC is among the few securities commissions in the world that simultaneously acts as a corporate registrar and a securities regulator. Such a dual role allows the Commission a comprehensive view of the business and investment landscape, and for a more coordinated and enabling regulatory environment.
Aside from enforcing the country’s corporation and securities laws, the SEC acts either as a lead or as a support agency in administering and enforcing the following related laws:
The U.S. Securities and Exchange Commission (SEC) is an independent agency of the United States federal government, created in the aftermath of the Wall Street Crash of 1929. Its primary purpose is to enforce laws against market manipulation.
The Australian Securities and Investments Commission (ASIC) is an independent commission of the Australian Government tasked as the national corporate regulator. ASIC's role is to regulate company and financial services and enforce laws to protect Australian consumers, investors and creditors. ASIC was established on 1 July 1998 following recommendations from the Wallis Inquiry. ASIC's authority and scope are determined by the Australian Securities and Investments Commission Act 2001.
Banking regulation and supervision refers to a form of financial regulation which subjects banks to certain requirements, restrictions and guidelines, enforced by a financial regulatory authority generally referred to as banking supervisor, with semantic variations across jurisdictions. By and large, banking regulation and supervision aims at ensuring that banks are safe and sound and at fostering market transparency between banks and the individuals and corporations with whom they conduct business.
Securities regulation in the United States is the field of U.S. law that covers transactions and other dealings with securities. The term is usually understood to include both federal and state-level regulation by governmental regulatory agencies, but sometimes may also encompass listing requirements of exchanges like the New York Stock Exchange and rules of self-regulatory organizations like the Financial Industry Regulatory Authority (FINRA).
The Philippine Statistics Authority is the central statistical authority of the Philippine government that collects, compiles, analyzes, and publishes statistical information on economic, social, demographic, political affairs, and general affairs of the people of the Philippines, as well as enforcing the civil registration functions in the country.
The Department of Finance is the executive department of the Philippine government responsible for the formulation, institutionalization and administration of fiscal policies, management of the financial resources of the government, supervision of the revenue operations of all local government units, the review, approval and management of all public sector debt, and the rationalization, privatization and public accountability of corporations and assets owned, controlled or acquired by the government.
The Williams Act (USA) refers to 1968 amendments to the Securities Exchange Act of 1934 enacted in 1968 regarding tender offers. The legislation was proposed by Senator Harrison A. Williams of New Jersey.
The Professional Regulation Commission is a three-man commission attached to Department of Labor and Employment (DOLE). Its mandate is to regulate and supervise the practice of the professionals who constitute the highly skilled manpower of the country. As the agency-in-charge of the professional sector, the PRC plays a strategic role in developing the corps of professionals for industry, commerce, governance, and the economy.
The Land Transportation Office is an agency of the Philippine government under the Department of Transportation responsible for all land transportation in the Philippines. Functions of the LTO include the inspection and registration of motor vehicles, issuance of licenses and permits, enforcement of land transportation rules and regulations, and adjudication of traffic cases.
The Philippine Dealing & Exchange Corp. (PDEx) is a dealing exchange for major banks in the Philippines. The primary exchange of the country for all sectors is the Philippine Stock Exchange.
The Bureau of Internal Revenue(BIR; Filipino: Kawanihan ng Rentas Internas) is a revenue service for the Philippine government, which is responsible for collecting more than half of the total tax revenues of the government. It is an agency of the Department of Finance and it is led by a Commissioner.
The Financial Industry Regulatory Authority (FINRA) is a private American corporation that acts as a self-regulatory organization (SRO) that regulates member brokerage firms and exchange markets. FINRA is the successor to the National Association of Securities Dealers, Inc. (NASD) as well as to the member regulation, enforcement, and arbitration operations of the New York Stock Exchange. The U.S. government agency that acts as the ultimate regulator of the U.S. securities industry, including FINRA, is the U.S. Securities and Exchange Commission (SEC).
Australian corporations law has historically borrowed heavily from UK company law. Its legal structure now consists of a single, national statute, the Corporations Act 2001. The statute is administered by a single national regulatory authority, the Australian Securities & Investments Commission (ASIC).
The Office of the Solicitor General of the Philippines, formerly known as the Bureau of Justice, is an independent and autonomous office attached to the Department of Justice. The OSG is headed by Menardo Guevarra.
The Investor Protections and Improvements to the Regulation of Securities is a United States Act of Congress, which forms Title IX, sections 901 to 991 of the much broader and larger Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Its main purpose is to revise the powers and structure of the Securities and Exchange Commission, credit rating organizations, and the relationships between customers and broker-dealers or investment advisers. This title calls for various studies and reports from the SEC and Government Accountability Office (GAO). This title contains nine subtitles.
The Food and Drug Administration (FDA) of the Philippines, formerly the Bureau of Food and Drugs, is a health regulatory agency under the Department of Health created on 1963 by Republic Act No. 3720, amended on 1987 by Executive Order 175 otherwise known as the "Food, Drugs and Devices, and Cosmetics Act", and subsequently reorganized by Republic Act No. 9711 otherwise known as "The Food and Drug Administration Act of 2009". The agency is responsible for licensing, monitoring, and regulation of cosmetics, drugs, foods, household hazardous products, medical devices and electromagnetic radiation emitting devices, pesticides, tobacco and related products, and vaccines for safety, efficacy, and quality in the Republic of the Philippines.
The Bureau of Immigration, also known between 1972 and 1987 as the Bureau of Immigration and Deportation, is the immigration regulatory and control body of the Philippines. It was established by the Philippine Immigration Act in 1940, although a predecessor agency had existed as part of the Bureau of Customs since 1899.
The Philippine Competition Commission (PhCC) is an independent, quasi-judicial body formed to implement the Philippine Competition Act (Republic Act No. 10667). The PhCC aims to promote and maintain market competition within the Philippines by regulating anti-competition behavior. The main role of the PhCC is to promote economic efficiency within the Philippine economy, ensuring fair and healthy market competition.
The Dodd–Frank Wall Street Reform and Consumer Protection Act was created as a response to the financial crisis in 2007. Passed in 2010, the act contains a great number of provisions, taking over 848 pages. It targets the sectors of the financial system that were believed to be responsible for the financial crisis, including banks, mortgage lenders, and credit rating agencies. Ostensibly aimed at reducing the instability that led to the crash, the act has the power to force these institutions to reduce their risk and increase their reserve capital.
Emilio Benito Aquino is the current chairperson and CEO of the Securities and Exchange Commission (Philippines). He took office on June 7, 2018, and was appointed by then President Rodrigo Roa Duterte. Aquino is also the first CPA-Lawyer to be appointed as SEC Chairperson. Prior to assuming this role, he served as SEC Commissioner after his initial appointment on December 2, 2016.