Guidelines for the 2004 Renewal of License of Investment Company Advisers (ICA), Mutual Fund Distributors (MFD), and their Certified Investment Solicitors (CIS)

What this is For:

Guidelines for the 2004 Renewal of License of Investment Company Advisers (ICA), Mutual Fund Distributors (MFD), and their Certified Investment Solicitors (CIS)

How to File:

Present your application forms and supporting documents with the Securities Specialists of the Market Regulation Department (MRD) before filing the documents with our Central Receiving Unit at the ground floor.

The MRD will only accept applications for renewal of licenses which are duly filled up and supported by the complete set of documentary requirements. All four (4) sets of applications and their respective supporting documents must be accompanied with a cover sheet.

E. For soft copies of the above-mentioned revised SEC Forms, you may download them at www.sec.gov.ph. If you have additional queries, you may contact Atty. Celso Virgilio C. Ylagan IV or Ms. Agnes Felix of the MRDs Broker Dealer Division at Telephone No. 727-3164.

1 Mutual Fund Distributors (MFD) are firms who have entered into Distribution Agreements with Investment Company Advisers or Mutual Fund Companies. These Mutual Fund Distributors are separately licensed by the Commission from the Investment Company Advisers or Mutual Fund Companies.

2 Pro-rated to only cover the period from March 16 to December 31, 2004. Fee for the period from January 1 to March 15, 2004 has already been covered by the previous years renewal fee.

3 For the license period ending December 31, 2004.

Other Documentary Requirements:

When Filing of renewal applications and their supporting documents will only be accepted during the whole month of January 2004. (Not yet updated) The replacement of licenses of Investment Company Advisers (ICA) and Certified Investment Solicitors (CIS) expiring on March 15, 2004 will cover the period March 16 to December 31, 2004. This is in line with the full implementation in year 2005 of the Commissions policy of realigning the licensing period of Investment Company Advisers and Certified Investment Solicitors to follow the calendar year January 1 to December 31. The licensing period of Mutual Fund Distributors1 shall likewise follow the calendar year January 1 to December 31, as previously set.FOR INVESTMENT COMPANY ADVISERS (renewal):

1. Four (4) sets of duly accomplished SEC Form ICA-RIA SEC Form ICA-RIA for Investment Company Advisers with original signatures of the companys President (see attached revised form);

2. Copy of the previous license of the Investment Company Adviser;

3. Copy of the current Investment Management Agreement/Distribution Agreement;

4. Letter of intent to renew the ICA license duly signed by the companys President with:

(i) the addresses of the branch office/s where the mutual fund transactions will be solicited/processed;

(ii) names and addresses of the mutual fund distributor/s, if not the same as the Investment Company Adviser; and

(iii) the names and TINs of the Certified Investment Solicitors to be renewed/registered;

5. A photocopy of its latest Audited Financial Statements stamped received by the BIR and the SEC;

6. List of the Board of Directors, officers and employees with their corresponding positions duly signed by the companys President;

7. For those investment company advisers utilizing the services of other distributors or sub-agents, (1) a written description of the distribution/agency agreement with other entities, (2) copy of the distribution/agency agreement, (3) list of officers and employees of the distributor or sub-agent, and (4) all other documents that would explain the arrangement;

8. Two (2) pcs. current 2x2 colored ID picture of all the directors and officers of the company. The dorsal side of each ID picture must contain the signature and printed name of the respective director/officer. The ID pictures must be attached on a separate sheet by stapling each ID picture on the top edge for easy inspection of the signature and printed name on its dorsal side. The separate sheet containing the ID pictures of the all the directors and officers of the company must be duly certified by the company President; and

9. An affidavit executed by an authorized officer of the company stating that the applicant company, its board members, officers, and investment solicitors have no pending formal administrative, civil or criminal case or is not under any investigation for (i) investment or investment-related business; (ii) fraud, false statements, or omissions, (iii) wrongful taking of property, (iv) bribery, forgery, counterfeiting or extortion, or (v) any other related case since the filing of its original application with the Commission.

FOR MUTUAL FUND DISTRIBUTORS (renewal):

1. Four (4) sets of duly accomplished SEC Form MFD SEC Form MFD with original signatures of the companys President (see attached revised form);

2. Original copy of the current Memorandum of Agreement / Distribution Agreement between the Investment Company Adviser/Mutual Fund Company and the Firm (valid for the licensing year January 1 to December 31, 2004);

3. Covering letter identifying the names and Tax Identification Numbers of the applicants Certified Investment Solicitors;

4. Written undertaking containing the conditions by the SEC made under oath and signed by an officer of the applicant/co-parties;

5. Amended Written Supervisory Procedures (WSP), which includes procedures under the Distribution Agreement; and

6. Amended Anti-Money Laundering Manual, which includes internal control procedures under the Distribution Agreement.

FOR CERTIFIED INVESTMENT SOLICITORS (renewal):

1. Four (4) sets of duly accomplished SEC Form ICA-RCIS SEC Form ICARCIS for Certified Investment Solicitors with original signatures of the applicant (see attached revised form);

2. Two (2) pcs. current 2x2 colored ID picture. The dorsal side of each ID picture must contain the signature and printed name of the Certified Investment Solicitor. The ID pictures must be attached on the application form by stapling the ID picture on the top edge for easy inspection of the signature and printed name on its dorsal side; and

3. Copy of the solicitors previous license.

FOR CERTIFIED INVESTMENT SOLICITORS (new applicants):

1. Four (4) sets of duly accomplished SEC Form ICA-CIS SEC Form ICACIS for Certified Investment Solicitors with original signatures of the applicant (see attached revised form);

2. Photocopy of valid ID (with picture);

3. Valid work permit, if the applicant is a foreigner;

4. Two (2) pcs. current 2x2 colored ID picture taken within the last six (6) months. The dorsal side of each ID picture must contain the signature and printed name of the Certified Investment Solicitor. The ID pictures must be attached on the application form by stapling the ID picture on the top edge for easy inspection of the signature and printed name on its dorsal side;

5. Evidence of educational attainment (official transcript of records or diploma); and

6. Proof of passing the licensure examination or photocopy of the current or most recent license.

C. Filing Fees are as follows:

Investment Company Adviser (renewal)2 Php 2,272.50

Mutual Fund Distributors (renewal) 3,030.00

Certified Investment Solicitors (renewal)2 487.50

Certified Investment Solicitors (new applicants)3 945.00

Only cash and Managers/Cashiers check payments payable to Securities and Exchange Commission shall be accepted by the cashier.