REPUBLIC ACT No. 265
AN ACT ESTABLISHING THE CENTRAL BANK OF THE
PHILIPPINES, DEFINING ITS POWERS IN THE ADMINISTRATION OF THE MONETARY AND
BANKING SYSTEM, AMENDING THE PERTINENT PROVISIONS OF THE ADMINISTRATIVE CODE
WITH RESPECT TO THE CURRENCY AND THE BUREAU OF BANKING, AND FOR OTHER PURPOSES
CHAPTER I
ESTABLISHMENT AND ORGANIZATION OF THE CENTRAL BANK
OF THE PHILIPPINES
ARTICLE I
Creation, Responsibilities and Corporate Powers of
the Central Bank
Section 1
Creation of the Central Bank
There is hereby created a body corporate to be known as the Central
Bank of the Philippines, which shall be governed by the provisions of this Act.
The capital of the Central Bank shall be ten million (P10,000,000)
pesos, which are hereby appropriated from the assets of the Exchange Standard
Fund, as provided in section 134 of this Act.
Section 2
Responsibilities and
Objectives
It shall be the responsibility of the Central Bank of the Philippines
to administer the monetary and banking system of the Republic.
It shall be the duty of the Central Bank to use the powers granted to
it under this Act to achieve the following objectives:
(a)
To maintain monetary stability in the Philippines;
(b)
To preserve the international value of the peso and
the convertibility of the peso into other freely convertible currencies; and
(c)
To promote a rising level of production, employment
and real income in the Philippines.
Section 3
Place of business
The Central Bank shall have its principal place of business in the City
of Manila, but may have such branches, agencies and correspondents in other
places as are necessary for the proper conduct of its business.
Section 4
Corporate powers
The Central Bank is hereby authorized to adopt, alter, and use a
corporate seal which shall be judicially noticed; to make contracts; to lease
or own real and personal property, and to sell or otherwise dispose of the
same; to sue and be sued; and otherwise to do and perform any and all things
that may be necessary or proper to carry out the purposes of this Act.
The Central Bank may acquire and hold such assets and incur such
liabilities as result directly from operations authorized by the provisions of
this Act, or as are essential to the proper conduct of such operations.
ARTICLE II
The Monetary Board
Section 5
Composition of the Monetary
Board
The powers and functions of the Central Bank shall be exercised by a
Monetary Board, which shall be composed of seven members, as follows:
(a)
The Secretary of Finance, who shall preside at the
meetings of the Monetary Board. Whenever the Secretary of Finance is unable to
attend a meeting of the Board, the Undersecretary of Finance shall act as his
alternate, but shall not preside.
(b)
The Governor of the Central Bank, who shall preside
at the meetings of the Board in the absence of the Secretary of Finance. The
Governor shall be appointed for a term of six years by the President of the
Philippines with the consent of the Commission on Appointments. Whenever the
Governor is unable to attend a meeting of the Board, the ranking
deputy-governor shall act in his stead.
(c)
The President of the Philippine National Bank, whose
alternate shall be the senior vice-president of said bank.
(d)
The Chairman of the Board of Governors of the
Rehabilitation Finance Corporation, whose alternate shall be the ranking
governor of said corporation.
(e)
Three other members, to be appointed for terms of
six years by the President with the consent of the Commission on Appointments:
Provided, however, That the first members appointed under the provisions of
this subsection shall have terms of office of two, four and six years,
respectively.
In making appointments to the Monetary Board, the President of the Philippines
shall give due regard to affording fair representation of the financial,
agricultural, industrial and commercial interests, in the composition of the
said Board.
Section 6
Vacancies
Any vacancy in the Monetary Board created by the death, resignation, or
removal of an appointive member shall be filled by the appointment of a new
member to complete the unexpired period of the term of the member concerned.
Section 7
Qualifications
No person shall be appointed as a member of the Monetary Board or as a
deputy-governor of the Central Bank unless he be of good moral character and of
unquestionable integrity and responsibility, and who is of recognized
competence in the economics of banking, finance, commerce, agriculture or
industry: Provided, however, That the Governor and deputy-governors of the
Central Bank must be of recognized competence in the field of banking:
Provided, further, That the Governor and the members of the Monetary Board
shall be natural-born Filipino citizens.
Section 8
Disqualifications
With the exception of the ex-officio members and their respective
alternates, none of the following may be a member of the Monetary Board or a
deputy-governor of the Central Bank:
(a)
Persons holding any public position or office,
either by election or by appointment, except academic positions; and
(b)
Directors, officers or employees of other banking
institutions.
Section 9
Removal
The President may remove any member of the Monetary Board for any of
the following reasons:
(a)
If the member is disqualified under the provisions
of section 8 of this Act; or
(b)
If the member is guilty of acts or operations which
are of fraudulent or illegal character or which are manifestly opposed to them and
interests of the Central Bank; or
(c)
If the member no longer possesses the qualifications
specified in section 7.
Section 10
Meetings
The Monetary Board shall convene as frequently as is necessary to
discharge its responsibilities properly, but shall meet at least once every two
weeks. The Board may be convoked either by the Secretary of Finance, in his
capacity as presiding officer of the Board, or by the Governor of the Central
Bank.
The presence of four members shall constitute a quorum.
All decisions of the Monetary Board shall require the concurrence of at
least four members, except in special cases where the provisions of other
sections of this Act demand a greater majority.
Section 11
Attendance of the ranking
deputy-governor and the chief of the Department of Economic Research
The ranking deputy-governor of the Central Bank and the chief of the
Department of Economic Research shall attend the meetings of the Monetary Board
with the right to be heard but not to vote.
Section 12
Remuneration of members for
attending meetings of the Board
The members of the Monetary Board or their respective substitutes,
except the Governor and the ranking deputy-governor, shall receive a per diem
for every Board meeting attended. The amount of said per diem shall be set by
the President but may not exceed fifty (P50) pesos, nor the sum of five hundred
(P500) pesos for any single month.
Section 13
Withdrawal of persons having
a personal interest
Whenever any person attending a meeting of the Monetary Board has a
personal interest of any sort in the discussion or resolution of any given
matter, or any of his business associates or any of his relatives within the
fourth degree of consanguinity or second degree of affinity has such an
interest, said person may not participate in the discussion or resolution of
the matter and must retire from the meeting during the deliberations thereon.
The minutes of the meeting shall note the withdrawal of the member concerned.
Section 14
Exercise of authority
In order to exercise the authority granted to it under this Act, the
Monetary Board shall:
(a)
Prepare and issue such rules and regulations as it
considers necessary for the effective discharge of the responsibilities and
exercise of the powers assigned to the Monetary Board and to the Central Bank
under this Act;
(b)
Direct the management, operations and administration
of the Central Bank and prepare such rules and regulations as it may deem
necessary or convenient for this purpose;
(c)
On the recommendation of the Governor, appoint, fix
the remunerations, and remove all officers and employees of the Central Bank,
with the exception of the Governor; and
(d)
Authorize such expenditures by the Central Bank as
are in the interest of the effective administration and operation of the Bank.
Section 15
Responsibility
Any member of the Monetary Board or officer or employee of the Central
Bank who wilfully violates this Act or who is guilty of gross negligence in the
performance of his duties shall be held liable for any loss or injury suffered
by the Bank as a result of such violation or negligence. Similar responsibility
shall apply to the disclosure of any information of a confidential nature about
the discussions or resolutions of the Monetary Board or about the operations of
the Bank, and to the use of such information for personal gain or to the
detriment of the Government, the Bank or third parties.
ARTICLE III
The Governor and Deputy-Governors of the Central
Bank
Section 16
Powers and duties of the
Governor
The Governor shall be the chief executive of the Central Bank. His
powers and duties shall be:
(a)
To prepare the agenda for the meetings of the
Monetary Board and to submit for the consideration of the Board the policies
and measures which he believes to be necessary to carry out the purposes and
provisions of this Act;
(b)
To execute and administer the policies and measures
approved by the Monetary Board;
(c)
To direct and supervise the operations and internal
administration of the Central Bank. The Governor may delegate certain of his
administrative responsibilities to other officers of the Bank, subject to the
rules and regulations of the Monetary Board; and
(d)
To exercise such other powers as may be vested in
him by the Monetary Board.
Section 17
Representation of the
Monetary Board and the Central Bank
The Governor of the Central Bank shall be the principal representative
of the Monetary Board and of the Bank, and in his capacity and in accordance
with the instructions of the Monetary Board he shall be empowered:
(a)
To represent the Monetary Board and the Central Bank
in all dealings with other offices, agencies and instrumentalities of the
Government and with all other persons or entities, public or private, whether
domestic, foreign or international;
(b)
To authorize, with his signature, contracts
concluded by the Central Bank, notes and securities issued by the Bank, and the
annual reports, balance sheets, profit and loss statements, correspondence and
other documents of the Bank. The signature of the Governor may be in facsimile
wherever appropriate;
(c)
To represent the Central Bank, either personally or
through counsel, in any legal proceedings or action; and
(d)
To delegate his power to represent the Bank, as
provided in subsections (a), (b) and (c) of this section, to other officers of
the Bank upon his own responsibility.
Section 18
Authority of the Governor in
emergencies
In the event of war or other emergencies which require immediate action
and in which there is insufficient time to call a meeting of the Monetary
Board, the Governor of the Central Bank, with the concurrence of the Secretary
of Finance or, in his absence, with the concurrence of any two other members of
the Monetary Board, may decide any matter or take any action within the
authority of the Board itself and may suspend any resolution or decision of the
Board.
In such cases, the Governor shall call a meeting of the Monetary Board
as soon as possible, in order to explain his action and the reasons for
departing from normal procedures. The Board may then confirm, revoke or modify
such action as the circumstances warrant.
Section 19
Outside interests of the
Governor
The Governor of the Central Bank shall be required to limit his
professional activities to those pertaining directly to his position with the
Central Bank; accordingly, the Governor of the Bank may not accept any other
employment, whether public or private, remunerated or ad honorem, with the
exception of academic positions and of public commissions related to the
formation, direction or implementation of monetary, banking or general economic
policies which concern the national interest of the Philippines.
Section 20
Remuneration of the Governor
The salary of the Governor of the Central Bank shall be fixed by the
Monetary Board with the approval of the President of the Philippines, but in no
case shall it exceed thirty thousand pesos per annum.
Section 21
Deputy-Governor
The Governor of the Central Bank, with the approval of the Monetary
Board, shall appoint one deputy-governor who shall perform such duties as may
be assigned to him by the Governor and the Board.
In the absence of the Governor of the Central Bank, the deputy-governor
shall act as chief executive of the Central Bank and shall exercise the powers
and perform the duties of the Governor.
ARTICLE IV
Departments of the Central Bank
A. DEPARTMENT OF ECONOMIC RESEARCH
Section 22
Responsibilities of the
Department
The Central Bank shall establish and maintain a Department of Economic
Research which shall prepare data and conduct economic research for the
guidance of the Monetary Board in the formulation and implementation of its policies.
Toward this end, the Department of Economic Research shall prepare
forecasts of the balance of payments of the Philippines, statistics on the
monthly movement of the money supply and of prices and other statistical series
and economic studies useful for the formulation and analysis of monetary,
banking and exchange policies.
The scope of the other functions and duties of the department shall be
defined and prescribed by the Monetary Board.
Section 23
Authority to obtain
information
The Department of Economic Research shall have the authority to request
from any person or entity, including Government offices and instrumentalities,
any data which the Central Bank may require for the proper discharge of its
functions and responsibilities. The Central Bank shall have the power to issue
a subpoena for the production of the books and records of all such persons and
entities for the aforesaid purpose. Those who refuse without justifiable cause
the subpoena, shall be subject to the penalties provided in to supply the Bank
with the data requested, or required by section 32.
Section 24
Training of technical
personnel
The Central Bank shall promote and sponsor the training of technical
personnel in the field of money and banking. Toward this end, the Central Bank
is hereby authorized to defray the costs of study, at home or abroad, of
outstanding employees of the Bank, of promising university graduates or of any
other qualified persons which shall be determined by proper competitive examinations
to be conducted by the Commissioner of Civil Service as in other cases. The
chief of the Department of Economic Research shall prepare and supervise the
training program of the Bank, subject to the rules and regulations of the
Monetary Board on the matter.
B. DEPARTMENT OF SUPERVISION AND EXAMINATION
Section 25
Creation of the Department
In order to assure the observance of this Act and of other pertinent
laws, and of the rules and regulations of the Monetary Board, the Central Bank
shall have a Department of Supervision and Examination which shall be charged
with the supervision and periodic examination of all banking institutions
operating in the Philippines, including all Government credit institutions. The
Department of Supervision and Examination shall discharge its responsibilities
in accordance with the instructions of the Monetary Board. The chief of the
department shall be known as the Superintendent of Banks.
The Superintendent of Banks and the examiners of the Department of
Supervision and Examination are hereby authorized to administer oaths to any
director, officer, or employee of any institution under the supervision of the
department and to compel the presentation of all books, documents, papers or
records necessary in his or their judgment to ascertain the facts relative to
the true condition of any institution.
Section 26
Qualifications
The Superintendent of Banks must be a person of recognized probity and
competence in accounting, auditing and banking practice.
Section 27
Prohibitions
The Superintendent and all employees of the Department of Supervision
and Examination are hereby prohibited from:
(a)
Being an officer, director, employee, or
stockholder, directly or indirectly, of any institution subject to supervision
or examination by the department;
(b)
Receiving any loan, advance, gift, or thing of value
from any such institution or from any officer, director, or employee thereof;
(c)
Revealing in any manner, except under orders of the
court, information relating to the condition or business of any such
institution. This prohibition shall not be held to apply to the giving of
information to the Monetary Board or the Governor of the Central Bank, or to
any person authorized by either of them, in writing, to receive such
information.
Section 28
Examination and fees
It shall be the duty of the Superintendent, personally or by deputy, at
least once in every twelve months, and at such other times as either he or the
Monetary Board may deem expedient, to make an examination of the books of every
banking institution within the purview of this Act and to make a report on the
same to the Monetary Board.
Every such institution shall afford to the Superintendent and to his
authorized deputies full opportunity to examine its books, cash and available
assets and general condition at any time when requested so to do by the
Superintendent: Provided, however, That none of the reports and other papers
relative to such examinations shall be open to inspection by the public except
in so far as such publicity is incidental to the proceedings hereinafter
authorized or is necessary for the prosecution of violations in connection with
the business of such institutions.
The institutions which are subject to examination by the Superintendent
shall reimburse the Central Bank for the cost of maintaining the Department of
Supervision and Examination and, for this purpose, shall pay to the Central
Bank, within the first thirty days of each year, an annual fee in an amount to
be determined by the Monetary Board in the manner provided in the next paragraph
of this section.
The fee to be paid by each institution shall be an amount equal to a
prescribed percentage of its average total assets during the preceding year, as
shown on its end-of-month balance sheets, after deducting its cash on hand and amounts
due from banks, including the Central Bank and banks abroad: Provided, however,
That said percentage may not exceed one twentieth of one per cent (1/20 of 1%).
If the total of the maximum fees authorized under this paragraph should be
insufficient to defray the entire costs of the department, the difference shall
be borne by the Central Bank.
Section 29
Proceedings upon insolvency
Whenever, upon examination by the Superintendent or his examiners or
agents into the condition of any banking institution, it shall be disclosed
that the condition of the same is one of insolvency, or that its continuance in
business would involve probable loss to its depositors or creditors, it shall
be the duty of the Superintendent forthwith, in writing, to inform the Monetary
Board of the facts, and the Board, upon finding the statements of the
Superintendent to be true, shall forthwith forbid the institution to do
business in the Philippines and shall take charge of its assets and proceeds
according to law.
The Monetary Board shall thereupon determine within thirty days whether
the institution may be reorganized or otherwise placed in such a condition so
that it may be permitted to resume business with safety to its creditors and
shall prescribe the conditions under which such resumption of business shall
take place. In such case the expenses and fees in the administration of the
institution shall be determined by the Board and shall be paid to the Central
Bank out of the assets of such banking institution.
At any time within ten days after the Monetary Board has taken charge
of the assets of any banking institution, such institution may apply to the
Court of First Instance for an order requiring the Monetary Board to show cause
why it should not be enjoined from continuing such charge of its assets, and
the court may direct the Board to refrain from further proceedings and to
surrender charge of its assets.
If the Monetary Board shall determine that the banking institution
cannot resume business with safety to its creditors, it shall, by the Solicitor
General, file a petition in the Court of First Instance reciting the
proceedings which have been taken and praying the assistance and supervision of
the court in the liquidation of the affairs of the same. The Superintendent
shall thereafter, upon order of the Monetary Board and under the supervision of
the court and with all convenient speed, convert the assets of the banking
institution to money.
Section 30
Distribution of assets
In case of liquidation of a banking institution, after payment of the
costs of the proceedings, including reasonable expenses and fees of the Central
Bank to be allowed by the court, the Central Bank shall pay the debts of such
institution, under order of the court, in accordance with their legal priority.
Section 31
Disposition of fees and
commissions
All costs and fees earned by the Central Bank in winding up the affairs
and administering the assets of any banking institution within the purview of
this Act shall be used to pay the salaries of the clerks and other employees
whose employment is rendered necessary in the discharge of the trust, together
with other additional expenses caused thereby. The balance of fees and costs
earned, after the payment of all expenses, shall be for the account of the
Central Bank.
Section 32
Refusal to make reports or
permit examination
Any owner, agent, manager, or other officer in charge of any banking
institution within the purview of this Act who, being thereunto required in
writing by the Monetary Board or by the Superintendent, shall willfully refuse
to file the required report or permit any lawful examination into the affairs
of such institution shall be punished by a fine of not more than ten thousand
pesos or by imprisonment for not more than one year, or by both, in the
discretion of the court.
Section 33
False statement
The willful making of a false statement to the Monetary Board or to the
Superintendent of Banks or to his examiners shall be punished by a fine not to
exceed fifteen thousand pesos, or by imprisonment for a term not to exceed two
years, or by both, in the discretion of the court.
Section 34
Proceedings upon violation
of laws and regulations
Whenever any person or entity willfully violates this Act or any order,
instruction, rule or regulation legally issued by the Monetary Board, the
person or persons responsible for such violation shall be punished by a fine of
not more than twenty thousand pesos and by imprisonment of not more than five
years.
Whenever a banking institution persists in violating its charter or
by-laws or any law, or orders, instructions, rules or regulations legally
issued by the Monetary Board, or whenever a banking institution persists in
carrying on its business in an unlawful or unsafe manner, the Board shall, by
the Solicitor General, and without prejudice to the penalties provided in the
preceding paragraph of this section, file a petition in the Court of First
Instance praying the assistance of the court to compel the banking institution
to discontinue the violations or practices objected to in the petition of the
Board. The Monetary Board may, with the approval of the court, take such action
as the court may deem necessary to compel the banking institution complained
against to discontinue the violations or practices set forth in the Board's
petition, and, if necessary, the Board may, under order of the court, direct
the Superintendent of Banks to liquidate the business of the institution.
C. OTHER DEPARTMENTS OF THE CENTRAL BANK
Section 35
Organization of other
departments
The Monetary Board shall organize a foreign exchange department, a
credit department, and such other departments as it deems convenient for the
proper and efficient conduct of the business of the Central Bank. The powers
and duties of the departments shall be determined by the Monetary Board, within
the authority granted to the Board and the Central Bank under this Act.
ARTICLE V
Reports and Publications
Section 36
Reports and publications
Within the first eight days of each month the Central Bank shall
publish a general balance sheet showing the volume and composition of its
assets and liabilities as of the last working day of the preceding month.
Section 37
Annual report
Before the end of March of each year the Central Bank shall submit to
the President of the Philippines, to the Senate through its President, to the
House of Representatives through its Speaker, and shall publish an annual
report on the condition of the Bank and a review of the policies and measures
adopted by the Monetary Board during the past year and an analysis of the economic
and financial circumstances which gave rise to said policies and measures.
The annual report shall also include a statement of the financial
condition of the Central Bank and a statistical appendix which shall present,
as a minimum, the following data:
(a)
The monthly movement of the money supply,
distinguishing between currency and deposit money;
(b)
The monthly movement of purchases and sales of
exchange and of the international reserve of the Bank;
(c)
The balance of payments of the Philippines;
(d)
Monthly indices of wages, of the cost of living and
of import and export prices;
(e)
The monthly movement, in summary from, of exports
and imports, by volume and value;
(f)
The monthly movement of the accounts of the Central
Bank and of other banks, by groupings and classifications to be determined by
the chief of the Department of Economic Research in agreement with the
Superintendent of Banks;
(g)
The principal data on Government receipts and
expenditures and on the status of the public debt, both domestic and foreign; and
(h)
The texts of the major legal and administrative
measures adopted by the Government and the Monetary Board during the year which
relate to the functions or operations of the Central Bank or of banking
institutions operating in the Philippines.
Section 38
Signatures on statements
The balance sheets and other financial statements of the Central Bank
shall be signed by the officers responsible for their preparation, by the
Governor, and by the auditor of the Bank.
ARTICLE VI
Profits, Losses, and Special Accounts
Section 39
Fiscal year
The fiscal year of the Bank shall begin on January first and end on
December thirty-first of each year.
Section 40
Computation of profits and
losses
Within the first thirty days following the end of each fiscal year, the
Central Bank shall determine its net profits or losses. In the calculation of
net profits, the Bank shall make adequate allowance or establish adequate
reserves for bad and doubtful accounts.
Section 41
Distribution of net profits
Within the first sixty days following the end of each fiscal year, the
Monetary Board shall determine and carry out the distribution of the net
profits, in accordance with the following rules:
(a)
Twenty-five per cent (25%) of the net profits shall
be carried to surplus until such time as the total capital accounts of the Bank
reach a sum equivalent to at least ten per cent (10%) of the total assets of
the Bank less its assets in gold and foreign currencies;
(b)
Any net profits remaining after fulfilling the
conditions established in subsection (a) of this section shall be used to
increase the resources of the Securities Stabilization Fund, until the volume
and liquidity of the Fund's assets are considered ample for any open market
operations in which the Fund is deemed likely to engage;
(c)
Any net profits remaining after fulfilling the
conditions of subsections (a) and (b) of this section shall be used to reduce
the Account to Secure the Coinage or the Monetary Adjustment Account, until
said accounts shall have been liquidated. The Monetary Board shall determine
the distribution between these two accounts;
(d)
If any net profits remain after fulfilling the
conditions of subsections (a), (b) and (c) of this section, the balance or any
part thereof may be transferred to surplus, or may be used to liquidate
Government obligations to the Central Bank, or may be paid into the General
Fund of the Government. The Monetary Board shall determine this distribution.
Section 42
Distribution of net losses
Should the Central Bank incur net losses during any fiscal year, such
losses shall be debited to surplus, and if surplus be inadequate the balance
shall be debited to the capital of the Bank.
Section 43
Extraordinary expenses of
currency issue and monetary stabilization
The Monetary Board may, whenever it deems it advisable, exclude from
the computation of the annual profits and losses of any given fiscal year all
or part of the following extraordinary expenses incurred during that year:
(a)
Extraordinary costs of printing notes or of minting
coins;
(b)
Extraordinary expenditures arising from the issue
and service of the evidences of indebtedness to which reference is made in
section 98; and
(c)
Interest paid on bank reserves which exceed fifty
per cent (50%) of bank deposits, in conformity with the provisions of section
101, last paragraph of this Act.
The amounts which are excluded from the computation of profits and
losses in accordance with the provisions of the first paragraph of this section
shall be entered in a suspense account which shall be called the "Monetary
Adjustment Account."
The Monetary Board shall in every case amortize such expenses over a
period which shall not exceed five years and at a rate which shall be based on
the adequacy of the Bank's surplus and of the resources of the Securities
Stabilization Fund.
Section 44
Revaluation profits and
losses
The revaluation profits or losses made or assumed by the Central Bank
in accordance with the provisions of sections 77 and 83 of this Act shall not
be included in the computation of the annual profits and losses of the Central
Bank.
Any profits or losses arising in this manner shall be offset by any
amounts which, as a consequence of such revaluations are owned by the
Philippines to the International Monetary Fund and the International Bank for
Reconstruction and Development or are owed by these institutions to the
Philippines. Any remaining profit or loss shall be carried in a special frozen
account which shall be named "Revaluation of International Reserve"
and the net balance of which shall appear either among the liabilities or among
the assets of the Central Bank, depending on whether the revaluations have
produced net profits or net losses.
The Revaluation of International Reserve account shall be neither
credited nor debited for any purposes other than those specifically authorized
in the present section or in section 45 of this Act.
Section 45
Profits from recoinage or
from reductions in the Bank's currency liabilities
Any profits arising from a reminting of coins or from reduction in the
currency liabilities of the Central Bank as a consequence of the loss,
destruction or demonetization of notes and coins shall not be included in the
computation of the annual profits of the Central Bank.
Any such profits shall be used to reduce the Monetary Adjustment
Account, the Account to Secure the Coinage, or the asset account Revaluation of
International Reserve. The distribution of such profits among these accounts
shall be determined by the Monetary Board.
If none of said accounts exists, the profits to which this section
refers shall be used to increase the resources of the Securities Stabilization
Fund.
ARTICLE VII
The Auditor
Section 46
Appointment and personnel
The Auditor-General shall appoint a representative who shall be the
auditor of the Central Bank. The Auditor-General shall appoint the necessary
personnel to assist said representative in the performance of his duties. The
salaries of the auditor and his staff shall be determined by the Auditor-General
with the advice of the Monetary Board. Said salaries and all other expenses of
maintaining the auditor's office shall be paid by the Central Bank. The auditor
of the Central Bank and personnel under him may be removed only by the
Auditor-General.
The representative of the Auditor-General must be a certified public
accountant with at least ten years experience as certified public accountant or
a person who has had training and experience in commercial or central banking.
No relative of any member of the Monetary Board or the Auditor-General within
the sixth degree of consanguinity or affinity shall be appointed such
representative.
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