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SEC sets new rules for the registration of investment companies

THE Securities and Exchange Commission (SEC) has set new rules for the registration of investment companies that would keep the Philippines at pace with global standards. 

The country’s corporate regulator published on Thursday the implementing rules and regulations (IRR) of Republic Act No. 2629, also known as the Investment Company Act (ICA). The IRR amends ICA Rule 35-1 initially published in 1998. 

Investment companies applying for registration are required to include the word “fund” in their corporate name, with the primary purpose stating that they will “engage in the business of investing, reinvesting, or trading in securities or other investment assets.”

The rules require investment firms to have a minimum subscribed and paid-up capital of P50 million. The SEC will allow for a lower paid-up capital of at least P1 million if the firm applying for registration is part of a group of companies already being managed by the same fund manager who has a track record of at least five years. 

To provide accountability and transparency, firms offering their securities will be required to submit a registration statement which the commission has the right to reject should it contain false or misleading information or found to have defrauded investors. 

A prospectus will likewise be made available to the investing public through a fund distributor. In the prospectus, the company will discuss the use of proceeds of the issuance, profile of prospective investors, its business experience for the last five years, and risk management procedures, among others.

An investment company is allowed to make use of the SEC’s shelf registration program, where it can issue funds in one or more tranches based on a single registration statement, so long as the company informs the commission of any material changes at least 30 days prior to the offering or sale of securities.

The SEC also set a “fit and proper rule” for fund managers, which assesses the latter’s top officials based on their honesty, fairness, and integrity; diligence, competency, and capability; and financial soundness. Fund managers must also have an investment company adviser license.

The fund manager also has the responsibility to submit reportorial requirements on behalf of the investment firm.

“The fund manager shall submit to the commission a monthly issuance and redemption report of shares or units under oath executed on its behalf by its treasurer or any other officer holding an equivalent position,” according to the IRR.

An independent custodian would have to be appointed by the investment firm, which will hold all proceeds from the sale of securities. Independent custodians should be a universal or commercial bank with trust license, a non-bank entity with trust license, a custodian bank accredited by the Bangko Sentral ng Pilipinas, or a registered securities depository.

Meanwhile, the initial minimum investment and additional investment made by investors will be determined by the company as stated in its prospectus.

“Unless otherwise provided in the prospectus and approved by the commission, the shares of units sold by the investment company shall be on a cash basis. Installment sales are prohibited,” read the IRR.

The new rules will take effect on Jan. 26. — Arra B. Francia

Two DENR officials relieved

ENVIRONMENT SECRETARY Roy A. Cimatu has relieved two officials in connection with illegal logging. While the two officials were not named, Mr. Cimatu said in a statement he will not hesitate to bring charges against any employee or official of the Department of Environment and Natural Resources (DENR) who will abet such illegal activities, especially in the light of Typhoon Vinta unleashing flash floods in Zamboanga del Norte which led to 59 deaths last December. Mr. Cimatu conducted an aerial inspection in Zamboanga del Norte on Thursday to observe the damage blamed on logging operations that had allegedly violated the Integrated Forest Management Agreement (IFMA). According to this agreement between the DENR and private firms, companies can harvest lumber except from residual trees in exchange for the establishment and development of industrial tree plantations. Following this, Region 9 officers had undergone a ‘reorganization” of officials. Mr. Cimatu has also ordered a review of 104 IFMAs to check on violators and suspended the operations of Dacon Group of Companies’ South Davao Development Co., Inc. and Sirawai Plywood & Lumber Corp in Sibuco. DENR data showed that there are 51 IFMAs in Mindanao, 10 of which are in Region 9. — Anna Gabriela A. Mogato

Clippers stun Warriors

From the outside looking in, you think the Warriors would win running away. It doesn’t matter that Stephen Curry will be in street clothes after having tweaked his right ankle during shootaround. After all, the defending champions are slated to ply their trade at the Oracle Arena, where they are a heady 16 and six. In addition, they’ll be welcoming Kevin Durant back from a three-game absence due to a strained right calf even as the Clippers, as handicapped as an 18-and-21 slate suggests, won’t have top dog Blake Griffin to lean on.

Fast forward three hours, and conventional wisdom finds itself on the wrong end of a supposedly sure thing. The Clippers not only bucked their hitherto poor showing away from the Staples Center; they actually earned their second straight win on the strength of an outstanding second half. Sure, the O was rocking, especially with Kevin Durant going for 40 on an ultra-efficient 14-of-18 clip from the field, including a six-of-seven mark from three-point territory. On the other hand, they were nowhere near their usual sharp selves on defense, as good an indication as any that they missed Klay Thompson, who also sat out the match.

Still, credit goes to the Clippers, who kept pace with the Warriors from the get-go and then shifted to higher gear after the break. When the battlesmoke cleared, they presided over a shellacking that had them sporting a .495 shooting percentage overall en route to 125 big points. And for their first win over the Dubs in three years, they have Lou Williams to thank the most; he put up a career-high 50, a whopping 27 in the third quarter, when the Clippers began to blow open what looked to be a close encounter.

If nothing else, the shocker proves that anything — absolutely anything — can happen in the National Basketball Association. In a battle of crosstown rivals, the extreme underdog prevailed. The Clippers don’t have a lot to be thankful for this season, but the triumph over the Warriors still counts as a step in the right direction.

 

Anthony L. Cuaycong has been writing Courtside since BusinessWorld introduced a Sports section in 1994. He is the Senior Vice-President and General Manager of Basic Energy Corp.

When should you recognize workers?

We’re planning to improve our employee reward and recognition program. Our current system provides a formal ceremony which is done monthly, quarterly, and yearly. Aside from this, is there any other appropriate time to give due recognition to people? Please help. — Other Options.

This poor fellow has a bad habit of coming home drunk. He had gone so far that he would fall into bed fully clothed, pass out, and then snore loudly all night long. Finally, his wife who was losing so much sleep because of his snoring that she went out to consult a doctor. She said: “Doc, I can’t take it any longer. If you’ll only tell me how to keep my husband from snoring, I’ll pay you anything.”

The doctor said there was no problem at all. He could give her the answer and he wouldn’t even charge her. He told her that whenever her husband passed out and started to snore she was to take a ribbon and tie it around his nose, and his snoring would stop. That night, her husband came home drunk as usual, fell across the bed fully dressed, passed out, and started snoring.

The wife got up, pulled a blue ribbon from her dresser, and tied it around his husband’s nose. Sure enough, the snoring stopped. The next morning, the wife, fully refreshed after a good night’s sleep, was preparing breakfast and asked her husband who just got out of bed.

“Honey, where were you last night?” The husband still fully clothed with yesterday’s shirt and pants, looked in the mirror and seeing the blue ribbon around his nose, replied: “I don’t know. But wherever I was, I must have won first prize!”

It seems that everyone in the corporate world is so drunk talking about employee recognition that people are inquiring about my public seminar on noncash employee rewards this month. Whatever the reason, they know the importance of employee rewards and recognition that they’re looking to understand new ideas and strategies.

Monthly, quarterly, and yearly reward intervals seem like common sense. Doing it more (say, weekly awards) may not look significant to the employees after some time. If we are to continue examining the frequency of employee awards, then it can only be classified into two — ratio and interval:

Ratio has two components that include “variable ratio” when the award is to be done at random so that employees do not know when it is to be given. On the other hand, there’s such a thing as “fixed ratio” when the award is to be awarded at a certain nth milestone. For instance, a factory worker gets a cash bonus of one thousand pesos for every 500 zero-defect products that he made.

Interval awards have two components. This includes a “variable interval” when the reward is given at a random average length of time since the last award. For example, giving an award after every few days. The other component is called “fixed interval” or the giving of awards after a fixed period of time, which is happening in your case — monthly, quarterly, and yearly.

This means you only have to consider varying your approach to include say, a “fixed ratio.” You can give awards not only to individual workers but to teams and departments as well if they have accomplished a certain target like having one thousand working days without an accident in a factory. In the service industry, which includes banking and call centers, you can vary this approach by giving awards to those concerned if they reach 40 work hours without a customer complaint.

Given all of these options, what is the most effective type of employee award? Personally, the best type that I know is often unrestricted by formality of ratio and frequency. It is best that we do it casually and informally with concerned workers who have displayed consistent work performance. Why wait for monthly, quarterly, and yearly awards to happen when you can do it right away, in front of people attending a department meeting, for instance?

This is challenging if only people managers have that positive mind-set of actively catching people doing something right, instead of being fault-finders. Immediate recognition, done spontaneously, is much better than delayed gratification. However, this requires a personalized approach by people managers that must be made independent from corporate-wide practice.

Why should this be so? In the first place, you don’t need a formal system from the human resource department to write a short, crisp, specific and clearly worded commendation letter to a person who worked hard over and above the standard requirements. And you don’t even have to wait for the annual performance appraisal to document it. Whatever approach it takes, like taking a person to lunch or giving him a best-selling book is more than appreciated by people.

In doing this, you have to personally know the worker, his interests, hobbies, career aspirations, and other personal details like his birthday, home address, number of children, and name of spouse, among others. If you don’t know these basic details, then it may be difficult for you to motivate people, even in the presence of formal awards where material things are given.

ELBONOMICS: It’s better to suffer in silence if everyone knows about it.

 

elbonomics@gmail.com

Search widens as California mudslide toll hits 17

MONTECITO — Rescuers used dogs and helicopters to search for victims on Wednesday of powerful mudslides which left at least 17 people dead in a southern California community that is also home to major celebrities including Oprah Winfrey.

Heavy rains on Tuesday sent rivers of waist-high mud and debris flowing from the hills into Montecito and other towns in Santa Barbara County northwest of Los Angeles, which are still recovering from last month’s ferocious wildfires.

“We are saddened to report that the death toll has now risen to 17,” Santa Barbara County Sheriff Bill Brown told reporters, saying it had been “another extremely challenging day.”

At least 28 people were injured, authorities said, while 30,000 remained subject to mandatory evacuation orders.

The US Coast Guard released footage of a couple, their two young children and two dogs being plucked from their roof and hoisted up to a helicopter in baskets.

Yellow bulldozers were clearing the roads of tons of sticky brown mud in Montecito and other towns as utility workers restored downed power lines.

Talk show host Oprah Winfrey, who has been touted this week as a possible 2020 candidate for the White House, was among those affected by the mudslides.

Ms. Winfrey posted a video of herself outside her Montecito mansion wading through near-knee deep mud.

Talk show host Ellen DeGeneres was another Montecito resident impacted by the storm.

Ms. DeGeneres posted a picture on Twitter of herself standing in mud next to a downed tree near her home.

“This is the street in front of our house,” she said. “I don’t know anything about our house yet. I’m heartbroken for our community of Montecito.” — AFP

New Hope Club concerts

MEGAWORLD Lifestyle Malls presents the British pop rock band, New Hope Club, and their new sound wave order from their debut EP, Welcome to the Club. The trio — Reece Bibby, Blake Richardson and George Smith — first gained a following after releasing the singles “Water” and “Fixed.” They will have performances on Jan. 19, 5 p.m., at Uptown Mall; Jan. 20, 6 p.m., at Eastwood Mall, and Jan. 21, 5 p.m., at Venice Grand Canal. They are on tour alongside with The Vamps, as well as Australian band Mr. Diddy. For more information, contact the Megaworld Lifestyle Malls Concierge at 709-9888, 709-0888 or 0917-838-0111 or visit www.megaworldlifestylemalls.com.

Options at a cost

By Alexander O. Cuaycong and Anthony L. Cuaycong

SPORTS GAMES are an acquired taste, and even those who hold them in great affection tend to skew purchases toward titles that reflect real-life interests. For example, football fans will gravitate to the FIFA series, while baseball junkies aren’t likely to pick up Madden releases anytime soon. Unlike role-playing or action-centric games, their appeal can be relatively limited. That said, they engender extreme loyalty when they’re well done. The NBA 2K series, for one, has held up quite well over the years and, along with the likes of Borderlands, Civilization, and WWE 2K, counts among Take-Two Interactive’s flagship franchises. It has had in excess of 20 main releases in its lifetime, with NBA 2K18, its latest entry, holding the distinction of being the first to be featured on the Nintendo Switch.

First, the good news. NBA 2K18 looks gorgeous on the PlayStation 4. The audio-visual presentation, already excellent in NBA 2K17, has gone up a notch, with everything from the courts to the players’ faces to the action itself clearly leaning on the latest advances in technology to approximate real life. Meanwhile, the Switch version boasts of unparalleled on-the-go gameplay. While not as stunning graphically and aurally, its capacity to replicate the console and PC experience undocked provides it with more options for mobile gamers. No features are missing, with even the MyLeague and MyPlayer modes kept wholly intact. And, significantly, the Joy-Cons do as well a job as the DS4 in terms of controlling the players and making them execute complex moves.

In terms of the on-court action, NBA 2K18 plays smoothly and runs fairly well. As with previous incarnations, it displays a natural smoothness to the animations, and in-game players control and handle naturally. The programmers’ painstaking level of care and attention are evident in the visceral feast. That said, graphical bugs occasionally manifest themselves, and the feedback can be jarring.

Quick games aside, NBA 2K18’s meat lies in the MyCareer mode. Providing a Create-And-Control-Your-Own-Character system, MyCareer is basically the game’s story track. Your character gets picked up as a prominent member of a basketball team of your choice, and he’s quickly thrust into a series of games, interlaced with stories; in the process, you’re given the freedom to make your character as you please. You’re able to customize his appearance and improve how he plays; over time, you get to up his ability to defend or make mid-range shots or execute dunks. MyCareer even has an online hub called “The Neighborhood,” which allows your character to roam around blocks doing whatever he pleases in semi-open-world fashion.

Via MyCareer, the direction NBA 2K18 takes is uniquely interesting, but nonetheless hampered by its poor progression mechanics. How good your player can become is determined by upgrades, which can be bought only in the game through Virtual Currency (VC). And this is where the problems crop up most; while VCs can be earned, the grinding required to save enough for character improvements is so tedious and time-consuming as to essentially compel you to shell out real money instead. With 16 individual skills that can be improved for your character, you’ll realize in no time that unless you buy the VCs you need, you’ll be progressing very slowly. The fact that upgrades become more expensive over time serves only to underscore the game’s focus on microtransactions.

True, the process allows for customization and is surprisingly in-depth. On the other hand, the middle to upper tiers of the upgrade system are expensive, and ultimately lead you to draw the only conclusion you can: Either you grind to death, or you sidestep the chore and purchase the VCs you need — all in the name of staying competitive. You’re supposed to have options, but when it takes several games just to buy a single point for your character, you wind up with one that’s thrust on you. And with so much of NBA 2K18’s replay value emanating from MyCareer, the poor execution is a bummer.

In a nutshell, NBA 2K18 suffers from ambition. It has the best intentions in mind, offering gamers a ton of options. It presents RPG elements in MyCareer, but at a cost — or, to be more precise, at a considerable cost. It provides a management sim angle via MyGM and MyLeague, but from a detached vantage point, For all its grand intensions, however, it remains at its best when it sticks to its biggest draw: The Play Now option is impressive. Enough said.

Nation at a Glance — (01/12/18)

News stories from across the nation. Visit www.bworldonline.com (section: The Nation) to read more national and regional news from the Philippines.

Rise of behavioral science

“Human behavior is going to be at the center of the massive shift that we’re witnessing globally today.” This is my quick reply to various types of audience in conferences and public fora when they ask me about my forecast for 2018 and beyond. I usually get blank stares as this is concept is still hard to comprehend. This is because we are constantly bombarded with technology concepts such as in data science, artificial intelligence, and digital transformation.

Indeed, the fusion of different technologies in the digital, physical and biological spheres, commonly referred to as the 4th Industrial Revolution (4IR) is disrupting businesses and organizations the world over, having a profound impact on the way we live, learn, work, and relate to each other.

But at the core of this are people who need to adapt to this new environment in order to maximize its benefits to society and minimize the associated risks. In fact, the World Economic Forum (WEF) established a council to exactly do this — composed of experts in various disciplines of behavioral science such as organizational behavior, behavioral economics, and consumer behavior.

Merriam-Webster defines behavioral science as “a branch of science that deals primarily with human action and often seeks to generalize about human behavior in society.” It explores the effect of human actions and interaction trough observation, appreciation, and integration by the behavioral scientist. It can address behavioral anomalies such as biases, overconfidence, and others, that can hinder behavior change, for example, adapting to new ways of doing things through the use of technology.

In a report of WEF, Iris Bohnet, Global Future Council on Behavioral Sciences, avers that “the discipline is helping to break new ground in multiple areas, from health care and education to social inclusion and consumer finance.”

She cites “education is an area where traditional approaches have held sway for a long time — and where increasing effectiveness is widely recognized as key to making the most of the 4IR, as the pace of technological change will lead to rapid shifts in the skills required. Behavioral scientists are looking now at possible ways to help students learn and teachers teach more effectively.”

In health care, “it’s been shown that small things like prompting people to take their medicine at the right time can have a huge impact in improving the efficacy of treatment. I expect we’ll see more behavioural science-inspired innovations in preventative care.”

She further cites a consumer finance example where “huge impacts from small tweaks to how credit card bills are presented, making it easier for people to understand the implications of being in debt, and what interest rates really mean.”

A more practical example was featured recently by the New York Times which headlined that Uber “has undertaken an extraordinary experiment in behavioral science to subtly entice an independent work force to maximize its growth.” The ride-hailing company said that they had “under-invested in the driver experience,” and expressed “its determination to treat drivers more humanely, it is engaged in an extraordinary behind-the-scenes experiment in behavioral science to manipulate them in the service of its corporate growth.” To do this, Uber has rolled out new features that allow drivers to set goals and view incentives for driving more.

This may seem manipulative and debatable, but it shows the potential of behavioral science to drive behavior change.

Take another practical example — Lemonade, an app-based peer-to-peer insurance company based in New York, who hired behavioral economics guru and author of best-seller Predictably Irrational, Dan Ariely, as its Chief Behavioral Officer. His job is to transform the experience of consumers in dealing with insurance as well as business processes, by influencing behaviors within the company and among consumers.

Behavioral science will become an integral part of business strategy in the future, just like how data science emerged and precipitously rising.

The opinions expressed here are the views of the writer and do not necessarily reflect the views and opinions of FINEX. The author may be e-mailed at reylugtu@gmail.com.

Reynaldo C. Lugtu Jr. is the Managing Director of The Engage Philippines, digital marketing and customer engagement solutions company, an information and communications technology firm. He is the Chairman of the ICT Committee of the Financial Executives Institute of the Philippines (FINEX). He teaches strategic management in the MBA Program of De La Salle University. He is also an Adjunct Faculty of the Asian Institute of Management

Wood industries ecozone planned for PICOP plantations

THE Philippine Economic Zone Authority (PEZA) is considering agro-forestry economic zone status for plantations operated by the defunct Paper Industries Corp. of the Philippines (PICOP).

If approved by the Department of Environment and Natural Resources, the zone will lead to the relaxing of a logging ban and create a certifying organization to regulate forest products used in paper making.

“During our dialogue with [Environment and Natural Resources] Secretary [Roy A.] Cimatu, the Director of the Bureau of Forest Management (Nonito M. Tamayo) mentioned that one reason that the industries who need it are importing because there is a need for a certification,” PEZA Director-General Charito B. Plaza said.

“There’s a certifying organization that will certify that these [pieces of] wood which will be used by industries are certified as good wood which we don’t have yet in the Philippines,” she added.

“Tree-plantation, wood-based industries, paper-making industries, all the industries [that depend on wood] will be located there.”

PICOP, a private company, maintained tree plantations in Mindanao. It shut down in 2001.

In August 2016,  Surigao del Sur Representative Johnny T. Pimentel filed a bill proposing an economic zone in Bislig, which will include the operations of PICOP.

In 2017, Chinese investors reportedly expressed interest in the economic zone. — Anna Gabriela A. Mogato

Performance projections for Southeast Asia and Northeast Asian partners

How PSEi member stocks performed — January 11, 2018

Here’s a quick glance at how PSEi stocks fared on Thursday, January 11, 2018.

1...11,68211,68311,684...12,735Page 11,683 of 12,735
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