SEC Revokes Robocash License

Alberto Liberato in Government Updates

Dec 20, 2019 • 3 min Read

The Securities and Exchange Commission (SEC) said it has revoked the license of financing firm Robocash Finance Corp., after it was discovered to have expanded branches without the proper authorization.

“The Corporate Governance and Finance Department (CGFD) of the SEC issued the order of revocation on December 12, 2019 after establishing that Robocash violated the Implementing Rules and Regulations of Republic Act No. 8556, or the Financing Company Act of 1998 (FCA IRR). In the course of its monitoring procedure, the CGFD found that Robocash operated several branches without the requisite certificate of authority (CA),” it said.

“The findings were validated through onsite audits on March 7, 2019 and July 5, 2019. Robocash also confirmed the same during a hearing on September 20, 2019 and through various letters to the SEC,” it added.

The SEC said its CGFD issued a formal charge against Robocash in November this year and ordered the company to show cause why its CA should not be revoked for violation of the Financing Company Act of 1998.

“In its verified answer, Robocash admitted to establishing and operating branches without the necessary CA. The company, however, argued that it did not maliciously violate Section 6(a) of the FCA IRR by putting up branches without the necessary CA,” the SEC said.

“The CGFD found no merit in the company’s defense, saying it may be well to note that respondent was able to secure 32 CAs for 32 separate branches. Thus, it is even more appalling that despite being aware of the requirement of the law, Respondent knowingly and willingly committed repeated violations thereof,” it added.

 Under Section 14 of the FCA IRR, the SEC may suspend or revoke an erring financing company’s CA after proper notice and hearing. The Commission may also impose a basic fine of not less than P10,000.00 plus P100.00 for each day of continuing violation, but no more than P100,000.00, and other sanctions within its power.

The CGFD initially imposed monetary penalties against Robocash for violation of Section 6(a) of the FCA IRR. The Department issued the corresponding orders on payment of penalty on November 5, 6 and 7, 2019 for the company’s first, second and third violation of the said rule.

“And, while it is true that the Commission may impose penalties other than revocation of CA, considering the number of times the Respondent knowingly and willingly committed the same violation, the Department is constrained to rule, as it is hereby ruled, that the revocation of Respondent’s CA is warranted under the circumstances,” the CGFD noted.

“As a final note, while the Respondent’s goal of catering to the needs of the underserved is laudable, it must always be remembered that compliance with the provisions of the law is foremost. The Department will not hesitate to impose the appropriate penalties in cases of violation, even the extreme penalty of revocation of the Certificate of Authority,” it added.

The SEC said has revoked the primary registration of 2,081 lending and financing companies without the necessary CA, in an ongoing crackdown on illegal lending and financing activities.

The Commission has likewise revoked the CA of two lending companies. Among them is Moola Lending Corporation for violations of Republic Act No. 3765, or the Truth in Lending Act, and of the terms and conditions of its CA under Republic Act No. 9474, or the Lending Company Regulation Act, and its IRR.

The SEC also issued cease and desist orders against 48 online lending applications for operating without incorporating and securing CA.