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Listed companies ordered to secure shareholders’ approval on changes in external auditor

The Securities and Exchange Commission (SEC) has issued a memorandum circular that orders all publicly-listed companies (PLCs) to secure shareholders’ approval on the appointment of external auditors, a move that is seen to boost the country’s ranking in the World Bank’s Doing Business list.
SEC’s Memorandum Circular No. 8 Series of 2018, posted on its website, orders all PLCs to seek shareholders’s approval “on any change/s in the company external auditor”.
Aside from this, the agency also ordered all PLCs to have an audit committee that is composed only of board members.
The memo said that the orders are pursuant to Administrative Order No. 38 or the Task Force to Initiate, Implement Ease of Doing Business Reforms
Although Armando A. Pan, Jr., officer-in-charge of the Office of the Commission Secretary, said the securing of shareholders’ approval is already being practiced by some 93% of PLCs, the memo circular intends “to raise Phils’ ranking in the area [of] Protecting Minority Investors and the country’s overall rank”. — Janina C. Lim

Tokyo's Nikkei up ahead of US data, Asian trade quiet

Tokyo — Tokyo’s Nikkei closed higher on Tuesday in quiet trade during Japan’s Golden Week holiday period, as investors took to the sidelines ahead of key earnings and economic data in the US.
The benchmark Nikkei 225 index rose 0.18 percent, or 40.16 points, to end at 22,508.03 but the broader Topix index fell 0.17 percent, or 3.05 points, to 1,774.18.
Bargain-hunting replaced morning selling, with “appetite intensifying for individual shares with good earnings reports”, Yoshihiro Ito, chief strategist at Okasan Online Securities, said in a commentary.
Trade across the region was thin, with most markets closed for public holidays. Japanese markets are open just two days this week.
Sydney ended 0.54 percent higher but Wellington eased 0.1 percent.
Worries about US policy on Iran and trade pushed Wall Street into the red Monday, despite a strong start with good earnings from McDonald’s and several merger announcements.
The Dow closed down 0.6 percent, with the S&P 500 off 0.8 percent.
On oil markets Brent edged up six cents to $74.75 a barrel, while West Texas Intermediate was also six cents higher, at $68.64 as traders keep watch on developments in the Middle East.
Israeli Prime Minister Benjamin Netanyahu said he had fresh evidence Iran was continuing with a nuclear weapons programme, breaking an international agreement that US President Donald Trump will consider the future of this month.
“Netanyahu stoked the geopolitical fires by accusing Iran of lying about its past nuclear intentions,” said Stephen Innes, head of Asia Pacific trade at OANDA.
The “hawkish retort not only increases the odds the US will pull out of the deal”, a reference to a 2015 nuclear agreement, “but raises the spectre of Israel taking military action against Iranian nuclear facilities”.
The dollar changed hands at 109.40 yen in late Asian trade, slightly higher than 109.20 yen in New York late Monday, providing some support to Japanese exporters.
Investors are watching for Apple’s earnings report later Tuesday, as well as the US Federal Reserve’s policy decision on Wednesday. That is followed by key US jobs data on Friday.
“US jobs data this weekend requires attention as momentum for a rise in salaries is emerging in the US,” leading to stronger inflation and worries about a rate hike by the Fed, said Tsuyoshi Nomaguchi, strategist at Daiwa Securities.
In Japan, Sony tumbled 6.05 percent to 5,073 yen after the electronics giant reported profits worth $4.5 billion but forecast a moderate slowdown ahead.
SoftBank closed up 0.65 percent at 8,557 yen after its US subsidiary Sprint and T-Mobile, a division of Germany’s Deutsche Telecom, announced they will form a new company.
Sprint and T-Mobile tumbled in New York on worries their proposed telecom mega merger would be blocked by antitrust regulators.
Honda ended down 0.98 percent at 3,730 yen after its full-year operating profit forecast missed expectations, while Hitachi rallied 6.07 percent to 850.3 yen after its full-year forecast was in line with market consensus, according to Bloomberg News.
The dollar fetched 109.30 yen in Asian trade, against 109.20 yen in New York late Monday. The greenback was also slightly higher against the pound and euro. — AFP

MPIC targets June approval for Cavite-Tagaytay-Batangas Expressway

Metro Pacific Investments Corp. (MPIC) is expecting to get the original proponent status from the Department of Public Works and Highways (DPWH) for its Cavite-Tagaytay-Batangas Expressway (CTBEx) project by next month.
“As far as we are concerned, [we have completed the] required documents that they needed, the required information. So it’s really up to the DPWH,” MPCALA Holdings president Luigi L. Bautista told reporters Monday.
MPCALA Holdings submitted to DPWH in July 2017 an unsolicited proposal to build a 49-kilometer toll road connecting the Cavite-Laguna Expressway at Silang East Interchange to Tagaytay City and Nasugbu, Batangas.
Mr. Bautista said the project costs remain to be P22.43 billion. Upon getting the original proponent status from DPWH, it would be submitted to the National Economic and Development Authority (NEDA) for review. If NEDA approves it, that’s the only time negotiations would begin for the Swiss challenge. — Denise A. Valdez

Cathay Pacific announces Davao-Hong Kong flights

The Cathay Pacific Group is launching a direct flight to and from Davao City and Hong Kong starting October 28.
Its regional airline Cathay Dragon will host the new route that will fly four times a week using an Airbus A320.
“The Cathay Pacific Group has served the Philippines since 1946, Cathay Pacific’s inaugural year of operations, and Davao City will be its fourth destination in the country, complementing existing services to Manila, Cebu and Clark,” the statement read.
In 2018, Cathay Pacific has so far opened flights to Nanning, Jinan and Brussels, and aims to launch flights to Dublin, Washington, Copenhagen and Cape Town before the year ends. — Denise A. Valdez

Supreme Court urged to dismiss anti-TRAIN petitions

The Office of the Solicitor General (OSG) has urged the Supreme Court (SC) to dismiss for lack of merit the petitions seeking to nullify the recently enacted Republic Act (RA) No. 10963 or the Tax Reform for Acceleration and Inclusion (TRAIN) Law.
The 74-page comment Solicitor-General Jose C. Calida disclosed to media was a response to the separate petitions for certiorari by consumer watchdog group Laban Konsyumer Inc. and a coalition composed of representatives Antonio Tinio, Carlos Isagana Zarate, and Ariel Ka-Ayik Casilao which, according to the comment, “(claimed) that grave abuse of discretion amounting to lack or excess of jurisdiction attended the passage of the TRAIN law.”
The OSG, however, argued that “the petitions should be dismissed outright as they suffer from procedural infirmities,” such as “improperly (availing) of a special civil action for certiorari”, “(violating) the principle of hierarchy of courts”, and for “(failing) to show an actual case or controversy calling for the exercise of judicial power,” among others.
They also claimed that “the TRAIN Law was validly passed by Congress and signed into law by the President.”
Aside from dismissing the case, the OSG also urged the court to “deny the application for issuance of a temporary restraining order, writ or preliminary injunction, and/or status quo ante order,” the petitions requested. — Dane Angelo M. Enerio

MiCab becomes fifth TNC to receive LTFRB accreditation

The Land Transportation Franchising and Regulatory Board (LTFRB) has accredited MiCab Systems Corporation, a transportation network company (TNC) that will provide taxi-hailing services as an alternative to Grab.
The Certificate of Accreditation from the LTFRB was signed April 30 and will expire in two years.
For the month of April, LTFRB has issued accreditation to a total of five TNCs — Hype Transport Systems, Inc. , Hype, GoLag, Inc., Ipara Technologies and Solutions, Inc. or Owto and the latest, MiCab.
MiCab is created by Cebuanos Eddie Ybañez and Kenneth Baylosis. It promises passengers an alternative option to “surge-riddled transportation apps.” — Denise A. Valdez

SM Prime to launch online store within the year

SM Prime Holdings, Inc. will be launching its own online shopping platform within the year, in a bid to address the booming e-commerce industry while maintaining that it has yet to become an actual threat to its business.
The country’s largest mall operator said it is currently setting up a website to be used by its tenants through what it calls a “click and collect” strategy.
“We’re gonna formalize the setup of the platform within the year. We will come up with a legal entity for that,” SM Prime Chief Finance Officer John Nai Peng C. Ong told reporters after the company’s annual shareholders’ meeting in Pasay City last week.
Mr. Ong explained that the website will allow customers to choose what items they want to buy from any of their tenants. They will then have to collect the purchased items from SM Prime’s shopping malls.
Asked whether the company will offer deliveries soon, Mr. Ong said they have yet to work toward this strategy.
“We have yet to work toward delivery. Potential din yun because we have affiliate companies that can deliver. But our work is toward click mo and collect sa malls. So we’re trying to set up specific areas in the malls,” the SM Prime executive said. — Arra B. Francia

UnionBank to roll out new digital banking products

The digital banking platform of UnionBank of the Philippines is set to launch new banking products and services to position itself as a digital bank.
During the lender’s Tech Up Expo in Taguig City on Thursday, UnionBank Senior Vice President Paolo Eugenio J. Baltao announced that EON, the lender’s digital banking platform, will launch banking products and services such as quick response (QR) code-based payment platform, rewards program for small-scale businesses as well as car and gadget loans.
“We have other services that we will launch such as POW! wherein you can pay via QR code,” Mr. Baltao told reporters.
Unlike the other QR code-based payment schemes such as PayMaya and GCash, Mr. Baltao said that POW! enables merchants to reverse any transaction through the use of a void code.
“Unlike GCash and Paymaya where you still have to call them to reverse the transaction, you can do it real-time in case the merchant gave the wrong amount,” Mr. Baltao said in Filipino.
Aside from this feature, POW! also issues a printed receipt for the customers.
“Another one is ubycash, which is our rewards program. We came up with a rewards program that will cater to the small merchants.” Mr. Baltao added.
Through ubycash, small-scale businesses can now have their own rewards program for customers. With the use of ubycash, customers can avail of a rewards card which can be used to avail discounts and rewards to EON’s partner-merchants. — Karl Angelo N. Vidal

Government eyes September or October for first samurai bond issue

THE Duterte government eyes to issue its first yen-denominated securities by September or October, the Department of Finance (DoF) said.
Finance Secretary Carlos G. Dominguez III said the government will time the offer on the second semester of Japan’s fiscal year.
“We will still go ahead with the Samurai…Because the Japanese calendar is different, it should be around September or October, the latter half of the fiscal year ending March. So it should be towards the end of their fiscal year,” Mr. Dominguez told reporters on Thursday. — Elijah Joseph C. Tubayan

Duterte signs executive order on ‘endo’

President Rodrigo R. Duterte signed on Labor Day, May 1, the executive order (EO) that bans labor contracting and subcontracting.
“To those who march, [the EO] is not enough. I’m not a legislator. There are provisions that need to be amended. I am not allowed [to change], I can only implement. This executive order that I signed will help a lot in alleviating the problem,” the President said in his speech in Cebu City.
Mr. Duterte’s EO includes a “prohibition against contracting and subcontracting.”
Sought for comment, Department of Labor and Employment (DoLE) Undersecretary Jacinto V. Paras said the EO version that was signed was from the Office of the President.
“It’s the version of the President which is a balanced version consistent with existing law and the constitution to attain industrial peace,” Mr. Paras said in a text message to BusinessWorld on Tuesday morning.
In April, Labor Secretary Silvestre H. Bello III said the President will no longer sign the EO on ‘endo’, saying that it was “better to leave the matter of ‘endo’ to Congress.”
The bill being referred to is Senate Bill No. 1116 or the proposed End of Contractualization Act of 2016 introduced by Senator Emmanuel Joel J. Villanueva, chairman of the Senate committee on labor, employment and human resources development. The measure is currently in the committee level.
Its counterpart measure at the House of Representatives, House Bill No. 6908, was approved on third and final reading on Jan. 29.
The Senate bill seeks to tighten rules on contractualization and simplifies the classification of employees to regular and probationary. It also prohibits labor-only and manpower contracting and defines unfair labor practices in a contracting or subcontracting arrangement.
The Department of Trade and Industry had earlier said the government will face legal challenges in crafting a law that will end labor contractualization.
“There simply is difficulty in crafting an EO that will not violate the current law and still meet what the labor sector wants,” Trade Secretary Ramon M. Lopez told reporters on April 17 in a Viber group message.
An EO that will cease job contractualization, according to Mr. Lopez, will violate the current Labor Code which renders contracting a legitimate hiring practice. The law is implemented through the Department of Labor and Employment’s Department Order No. 174, Series of 2017. — Arjay L. Balinbin

Which economies are business leaders most optimistic about?

BUSINESS OPTIMISM in the Philippines weakened sharply in the first quarter of 2018, according to global research firm Grant Thornton’s International Business Report (IBR), which attributed this to a drop in employment and profitability expectations. Read the full story.
Business Optimism Phils

Business optimism weakens in Q1

BUSINESS OPTIMISM in the Philippines weakened sharply in the first quarter of 2018, according to global research firm Grant Thornton’s International Business Report (IBR), which attributed this to a drop in employment and profitability expectations.
A summary of IBR findings showed Philippine business leaders’ overall optimism (total optimistic less total pessimistic) stood at 74% in the first quarter of 2018 — down from the preceding three month’s 86%, and 24 points less than the all-time high of 98% recorded in the first quarter of 2017.
Grant Thornton described the more than 2,500 respondents worldwide as chief executive officers, managing directors, chairmen or other senior executives from across industries.
Business Optimism Phils
The bleak outlook for the Philippine economy over the next 12 months can be attributed to the decrease in employment expectations to 52% from 66% in the previous quarter, lower investments in plant and machinery to 40% from 54%, slide in investment in technology to 50% from 62%, and drop in profitability expectations to 76% from 86%.
Despite the weakness, the latest quarterly survey puts the Philippines third in the rankings among Asian countries where the regional average is 52% and the Southeast Asian average is 61%.
“Both regulations & red tape (down 12 percentage points) and information & communications technology infrastructure (also down 12pp) are less seen as hurdles to doing business in the country. Businesses expect an increase in their selling prices (up 10pp) as well. Lastly, energy costs and transport infrastructure (both down 8pp) are also seen as less of a constraint to conducting business. As a result, more than half of the businesses surveyed foresee an increased investment in marketing efforts, as well as in sales force effectiveness,” Grant Thornton said.
ASIA PACIFIC
The IBR also found a dip in business optimism across Asia Pacific in the first quarter to 52% from 58%, bucking the wider global trend that saw Asia Pacific and Latin America as the only major regions to see optimism fall over this period.
Globally, business optimism improved to 61% — the highest figure recorded in 15 years of research — from 58% in the previous quarter.
“The drop in optimism across Asia Pacific contrasts with most other global regions. It is striking that the major contributors to this dip are China and Japan. That said, their confidence levels still compare favorably with those in recent years,” Ma. Victoria C. Españo, chairperson and chief executive of P&A Grant Thornton, said in the statement.
In China, business optimism slid to 65% in the first quarter from an all-time high of 78% in the fourth quarter of 2017. In Japan, business optimism stood at -8% after recovering to 3% in the preceding three months following nine consecutive quarters in negative territory.
“A talking point for the whole region, though, is the rhetoric around import taxes with the US ratcheting up. It will be telling to see how businesses respond over the next quarter. Most take the view that the risk of a fully blown ‘trade war’ has eased, but uncertainty is never welcome. Most business leaders will want to see clarity sooner rather than later,” Ms. Españo said.
Across Southeast Asia, economic optimism is up to 61% in the first three months — the joint highest quarterly figure ever recorded according to Grant Thornton — on the back of substantial increases in optimism in Malaysia (up 22 points), Singapore (up 12 points), and Thailand (up 6 points).
“The dip in optimism in China and Japan hardly represents confidence in free fall. However, how the region responds will be telling. ASEAN businesses are currently optimistic, but if they see the war of words on trade develop between China and the US, that confidence could start to evaporate,” Ms. Españo said. — Krista Angela M. Montealegre