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Calata says SEC has no jurisdiction over ICO

DESPITE a cease-and-desist order (CDO) issued by the Securities and Exchange Commission (SEC) on his company’s initial coin offering (ICO), businessman Joseph H. Calata insisted this does not prohibit online agribusiness venture Krops from selling digital coins to foreign investors.

In a letter addressed to participants of the ICO, Mr. Calata said it will stop the sale of tokens to Filipinos as per the SEC’s orders, but will continue with the offering for prospective foreign buyers.

“To be clear, we understand that the CDO was just an order to stop the selling of KropCoins only to Filipino nationals. The Philippine SEC cannot prohibit selling to other nationalities because this is not under their jurisdiction. The CDO is also not to stop the operation of the Krops application which serves as the daily virtual agricultural market place of all buyers and sellers of agricultural products,” he said.

Mr. Calata insisted the Philippine SEC has no jurisdiction over Krops’ ICO, “simply because this is a global offering and not a public offering limited to the Philippines.”

The company’s coin offering continues to be held online, with a total of 4.81 million tokens already sold out of the 6.4 million pre-sale tokens as of Jan. 30. The tokens are being sold in exchange for the digital currency called etherium, at a price of 0.0015 ETH apiece.

While Krops will no longer be selling tokens to Filipinos, Mr. Calata clarified that those sold prior to SEC’s CDO will remain a part of the ICO.

The SEC last Jan. 26 had stopped the ICO of Krops, involving three other Calata-led firms: Black Cell Technology, Inc., Black Sands Capital, Inc., and Black Cell Technology, Inc. The country’s corporate regulator said that the companies failed to register the securities being offered in the ICO, making the issuance illegal.

Krops describes itself as an online marketplace for agricultural products with an inventory of P15 billion, making it the “biggest farm in the Philippines and most diverse without owning a single farm.”

Mr. Calata noted that given the absence of regulations pertaining to ICOs, Black Cell Technology sought the SEC’s audience through a letter dated Jan. 18 to iron out regulatory concerns regarding the offering.

“The letter which clearly had the intention of productively threshing out any issues with SEC was simply ignored. It is quite puzzling why the SEC was very arrogantly dismissive, to say the least,” according to Mr. Calata.

The businessman said they are now seeking another dialogue with the SEC to clarify matters regarding the ICO. For one, Mr. Calata said that the SEC has the “erroneous impression and belief that the KropCoin ICO is somehow related to Calata or CalCoins.”

To recall, CalCoins were Mr. Calata’s proposed alternative to shareholders of now delisted agribusiness firm Calata Corp. Mr. Calata, who served as the company’s chairman, gave shareholders the option to exchange their shares for digital tokens that can then be traded in international cryptocurrency exchanges.

With these assumptions, Mr. Calata claimed that the SEC’s CDO has been “nothing but a harassment against me.”

Following the CDO against Calata’s businesses, the SEC said it will be investigating other companies that have launched ICOs in the past without their knowledge. The commission will also be releasing guidelines for ICOs within the year. — Arra B. Francia

Art & Culture (01/31/18)

Arts Management lecture

PROF. Sun Man Tseng will be giving a lecture called “Why Artists Should Bother with Arts Management” on Monday, Feb. 5, 10 a.m. to noon, at the 6F Blackbox, School of Design and Arts, De La Salle — College of Saint Benilde, 950. P. Ocampo Street, Manila. For inquiries or reservations, e-mail evangeline.binarao@benilde.edu.ph, jazmin.tugas@benilde.edu.ph or rachiel.villarosa@benilde.edu.ph.

Concert, exhibit for a cause

ON Feb. 3, 5:30 p.m., the Center for Possibilities Foundation, Inc., will open a one-man exhibit called Not About the Dog, featuring a series of paintings by 17-year-old painter, Juno Santos, a child with special needs. This will open for a special benefit concert Love & Luck: Bach Vs Beatles, a fund-raising effort for the many endeavors of the Center for Possibilities, an organization dedicated to uplifting the lives of children with special needs, most especially those from the poorest families, who live in far-flung rural areas. The Center currently operates a Special Education (SPED) facility in Sagada, Mountain Province. The concert will feature the Manila Symphony Orchestra under the baton of Arturo Molina. It will be held at the Carlos P. Romulo Auditorium, RCBC Plaza, Ayala Ave., Makati City. For details, contact Marica Diokno at 0918-888-1759 or 723-1242.

Salvatus at 1335Mabini

1335MABINI presents Mark Salvatus’ solo exhibition Mark Salvatus: Salvage Projects. For the current solo show, Salvatus will look both back and forward to continue the project he started back in 2006: Salvage Projects. The exhibit runs until Feb. 10. Meanwhile, final installment of MABINI Projects’ one-year long exhibition series Cumulus Blimp: A Transnational Platform of Discourse features works by New York-based Federico Solmi and Manila-based Dexter Sy. Solmi creates installations of different media, such as video, drawings, mechanical sculptures and paintings, and uses bright colors, satirical aesthetics and absurd narratives to portray a dystopian vision of our present-day society. Sy creates carefully arranged paintings which emphasizes cultural patchwork. Mabini Projects is at Casa Tesoro, Mabini Ave. Ermita, Manila while 1335Mabini is at 1335 Mabini Ave., Ermita, Manila.

Pobadora at Altro Mondo

A LITTLE SLOWER by Nile Pobadora, acrylic on paper, 2016

ALTRO MONDO Arte Cotemporanea presents Murmur of the wind, a solo exhibit by Nile Pobadora at Altro Mondo at The Picasso (Picasso Boutique Servied Residences, 119 L.P. Leviste St., Salcedo Village, Makati. Pobadora does acrylic paintings on paper which explor the realms of the subconscious and man’s perceived realities. The exhibit runs until March 18.

Group shows at Blanc

ENTITLED by Vladimir Grutas, wood, plywood and carpet, 2018

INTENSION: Capturing Tension and Making It Visible at Blanc features the latest works of artists Arturo Sanchez, Jr., Isidro “Manong Jon” Santos, Michael de Guzman, Siefred Guilaran, Hamilton Sulit, Gretel Balajadia, Severino Baring III, Mark Francisco, Leonardo Oria Jr. and Lyndon Maglalang. Three things are common in Intension works and the participating artists. One, the works are done by Angono and KUTA artists belonging to the third generation of painters in Angono, the Art Capital of the Philippines. Two, most of them were participants in the historic Cultural Center of the Philippines exhibit in 2016 which highlighted the contemporary and modern art-making process in this town. And three, the younger participating artists have looked upon the elders as their teacher in a mentor-apprentice relationship. Also on view is We Do Everything We Can to Avoid Trying, organized by Allan Balisi and featuring the works of Rolf Campos, Gab Ferrer, Vladimir Grutas, and Bryan Pollero. Blanc is at 145 Katipunan Ave., St. Ignatius Village, Quezon City. For details, visit www.blanc.ph.

Cristobal at Gateway

Gateway Gallery presents Vestigium, Scriptorium, the fourth solo exhibit of Geronimo Cristobal. The artist presents eight paintings and 12 drawings in his style of “unprogrammed free abstraction.” The exhibit is on view until Feb. 2 at the Gateway Gallery, 5F of Gateway Tower, Araneta Center, Quezon City.

DoF appoints head of internal audit service

THE Department of Finance (DoF) said it appointed Director Ma. Luisa M. Notario of the Central Financial Management Office to head the new Internal Audit Service (IAS).

In a statement, the DoF said it became the first government agency to set up an IAS, in compliance with a more than 50-year-old law as well as international standards of governance.

The appointment follows the adoption of a charter for the IAS, approved through Department Order No. 02-2018.

In 2016, the Commission on Audit adopted the Philippine Internal Auditing Framework for the Public Sector, which “provides authoritative guidance essential for the professional practice of internal auditing,” and is “aligned with the prevailing international principles and standards.”

An IAS in all government agencies was first required under Republic Act No. 3456, or the Internal Auditing Act of 1962, as amended by Republic Act 4177. 

“The DoF-IAS is mandated to provide an independent objective assurance and advisory services designed to add value and improve DoF operations, including its bureaus and attached agencies,” Ms. Notario was quoted in the statement as saying.

The IAS Charter empowers the office, which is independent, to undertake “the  objective examination of evidence for the purpose of providing independent assessments to the DoF Secretary on adequacy and effectiveness of governance, risk management and control processes of DoF.” — Elijah Joseph C. Tubayan

The World Bank is searching for meaning

By Noah Smith

PAUL ROMER’S departure last week as chief economist of the World Bank isn’t an event about just one man and his former job. His exit was undoubtedly influenced by individual factors, but it also illustrates broad challenges for the Bank as an institution.

Romer is, to put it bluntly, a contentious man. A celebrated researcher of economic growth, he has spent years vigorously attacking the ideas of his doctoral adviser, macroeconomist Robert Lucas, and the very field of macroeconomics itself. At the World Bank, his tenure has been marked by heated disputes, including one over how many times the word “and” should be used in official communications.

That sort of approach can be very useful in an academic setting. Indeed, many of Romer’s criticisms of macroeconomics were truths that others in the field had been afraid to speak (though I’m not so sure about his grammatical advice).

But when it comes to navigating the complex bureaucracy of an institution like the World Bank, perfectionism, bluntness, and prickly precision are not necessarily the most endearing traits.

But the bigger question concerns the Bank itself.

The immediate cause of Romer’s departure probably had to do with a public clash over the widely cited Ease of Doing Business rankings. This index, which the World Bank updates frequently, is intended to measure how easy it is to start a business in a particular country.

An accommodating business environment is assumed — both by the Bank and by many economists — to be a good thing. It’s believed to result in more creative destruction — the constant churning of industries and businesses that improves the economy through competition that eliminates inefficient producers. It also reduces monopoly power, by making it easier for new companies to enter a market and compete.

That’s the abstract theory, anyway. In reality, the ease of doing business is hard to measure — the Bank’s criteria might not capture the factors that are most important in encouraging business dynamism, or the rankings might weight the factors incorrectly. Rich countries tend to be ranked higher, but this might just be because countries make it easier to do business once they get rich.

Romer made headlines earlier this month when, speaking to reporters from the Wall Street Journal, he accused the Bank of changing its rankings unfairly. Romer noticed that changes in the factors used to construct the index had the effect of raising Chile’s ranking under conservative governments and lowering it under socialist ones. Romer later clarified that he didn’t mean to assert that politics was a factor in the Bank’s decisions, but nevertheless the damage to the reputation of the rankings, and of the Bank itself, could be long-lasting. Though Romer’s tenure as chief economist had been marked by many clashes, this battle was probably the last straw.

Political motivations or no, however, the overall usefulness of the Ease of Doing Business rankings is highly questionable. Many free-market enthusiasts, such as John Cochrane of the Hoover Institution, believe that if countries up their position in the World Bank’s rankings, growth will follow as a matter of course. But the evidence says otherwise.

In 2016, economics student and blogger Evan Soltas measured whether large increases in a country’s position in the rankings were followed by growth. He found no measurable effect, even in the long term, and that taking the World Bank’s advice on structural issues seems to do very little if anything for economic growth.

If Soltas’s result holds — and given the poor performance of other rankings of business conditions, it seems likely it will — it means that the World Bank has been recommending policies based more on faith and assumptions than on real hard evidence.

Since countries often work hard to improve their position in the rankings, this means that the Bank has probably been squandering its policy clout. And if reforms intended to climb up the rankings end up making societies less equal, the Bank could even have been having a negative impact on the world’s poor. That would be a mistake along the same lines as the one made by the Bank’s sister organization, the International Monetary Fund, which recommended fiscal austerity policies that it later admitted had hurt the countries they were designed to help.

If true, this would be bad for the World Bank, which has been suffering an identity crisis in recent years. Global growth means that few countries need or want the Bank’s development loans, leaving it searching for a reason to continue existing. Many had envisioned the Bank, which employs a large number of academically trained economists, functioning as a think tank to advise countries on how to boost growth. No one needs or wants a think tank that is known for giving bad advice.

So although Romer’s exit will take the World Bank out of the headlines for a while, the deeper questions about its future remain. Its problems are much bigger than one contentious chief economist.

BLOOMBERG

Recycling firm offers help in waste management

A RECYCLING company has urged the Davao City government to impose a stricter implementation of the segregation policy as it offered to take in plastic waste for the production of school chairs. Winchester O. Lemen, managing partner of Winder Recycling Company, said they have already talked with the City Environment and Natural Resources Office (CENRO) and are now awaiting action from the local government. “Right now the landfill is already filled and it is the objective of the plant to help reduce the plastic wastes of the city,” he said in an interview. Winder Recycling, based in Davao City, currently sources its plastic wastes — including candy wrappers and other food packaging materials — from the cities of Panabo and Tagum as well as the town of Polomolok. The company’s plant can process up to 90 tons of plastic waste and produce 2,000 school chairs per month. Mr. Lemen said their market for the chairs is currently just private schools, but they have already initiated talks with the Department of Education (DepEd) for procurement in public schools. — Maya M. Padillo

Pistons get Griffin

In assessing the value of National Basketball Association trades and determining which of those involved won, it’s fair to begin by addressing the query: Which team got the best player? In the case of the deal that went down yesterday, the Pistons did; they gave away two starters, an occasional substitute, and two draft picks for five-time All-Star Blake Griffin. And so the swap figures to weigh in their favor from the outset, especially since he possesses the star power that transcends his contributions on the court.

True, Griffin won’t come cheap. He just a signed a humongous contract that will net him a whopping $35 million in the first season and $171 million all told through 2022. Moreover, the Pistons seem to be have gutted its roster in doing so; Tobias Harris and Avery Bradley are solid players, and they can’t be easy to replace (not to mention aren’t — and won’t be — commanding eye-popping price tags). And with the injury to point guard Reggie Jackson, the immediate future looks to be a whole lot of their new acquisition and resident front court anchor Andre Drummond.

On the other hand, the Pistons had little to no choice but to do something — anything, really — to salvage their campaign. Prior to unrolling the welcome mat for Griffin, they were in the midst of a debilitating swoon that threatened to further erode their already-suspect fan base. Now, they have a proven marquee name that will put backsides in seats and sell the future with no small measure of truth attached to the promises. And because they’re in the diluted East, playoff stints, however short, should be part and parcel of their concrete plans.

To be sure, Griffin is a risky proposition. He’s supposed to be in his prime years, but his brittle body has killed the momentum his talent built in his nine years with the Clippers. Needless to say, the Pistons hope he gets to suit up more often that he did in La-La Land; else, he’ll be an albatross, paid premium wages for part-time work. In any case, he’s a much-needed shot in the arm for a franchise flailing in mediocrity. Now, they’ll be good, maybe even better than good, grinding in the present even as they have hope for the future.

 

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.

Banks set LTNCD, stock offerings

TWO OF THE COUNTRY’S banks are seeking to expand their capital through separate fund-raising exercises, they told the local bourse yesterday.

In separate disclosures on Tuesday, Rizal Commercial Banking Corp. (RCBC) said it is set to conduct a stock rights offering (SRO), while UnionBank of the Philippines (UnionBank) announced the launch of the initial tranche of its long-term negotiable certificates of time deposits (LTNCD).

The Yuchengco-led RCBC said its board of directors approved the stock rights offer that aims to raise up to P15 billion of fresh funds, seen to strengthen its capital base and fund its business expansion.

RCBC said proceeds from the offer will bolster its position in line with Basel 3 standards, although the lender noted that its current capital ratios are already above the central bank requirements.

The fresh funds to be raised from the SRO will also fund the continued growth of its businesses, particularly in loans, the bank said.

“RCBC seeks to focus on consumer, [small and medium enterprises], the middle market and the microfinance sector, and to pursue sustainable loan growth,” the lender said in the disclosure.

“RCBC also intends to use investments in technology to improve customer experience, broaden its customer base, and increase operational efficiency,” the lender added.

However, the timing of the SRO and other details on the offering have yet to be released, as these are still subject to the receipt of regulatory approvals and market conditions.

The SRO will be coming from the approval by the board of directors and the stockholders to raise RCBC’s authorized capital stock to P28 billion from P16 billion, or 2.6 billion authorized common shares from 1.4 billion.

Earlier, Metropolitan Bank & Trust Co. and Bank of the Philippine Islands also announced their planned SROs to fund their core business expansion and operations.

UNIONBANK
Meanwhile, Aboitiz-led UnionBank said yesterday that it has launched the first tranche of its planned LTNCD offerings.

The lender is offering at least P3 billion in LTNCDs to investors which it said will help improve its deposit maturity profile and support business expansion plans.

UnionBank’s offering has an oversubscription option. The instruments will have a tenor of five years and six months with an annual indicative rate of 4.125-4.375%.

This is the first of the bank’s approved P20-billion LTNCD program, which it previous said will carry tenors of five-and-a-half to 10 years. UnionBank plans to raise the entire amount over a period of one year.

The final rate of the LTNCDs will be determined shortly before the end of the public offer period which will run until Feb. 9. The issue date will be on Feb. 18.

Standard Chartered Bank will serve as the sole lead arranger and bookrunner, and will also serve as a selling agent together with UnionBank and Multinational Investment Bancorporation. The LTNCDs will be listed on the Philippine Dealing Exchange Corp., the lender said. — Karl Angelo N. Vidal

Nation at a Glance — (01/31/18)

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

How PSEi member stocks performed — January 30, 2018

Here’s a quick glance at how PSEi stocks fared on Tuesday, January 30, 2018.

Inflation accelerates in 2017 for low-income households — PSA

Senate bill hopes to cut VAT rate to 10%, eventually to 8%

SENATOR Ana Theresia Hontiveros-Baraquel filed a bill on Tuesday seeking to reduce the Value Added Tax (VAT) rate from 12% to 10% in response to the effects of Republic Act (RA) 10963, or the Tax Reform for Acceleration and Inclusion (TRAIN) law.

Ms. Hontiveros filed Senate Bill 1671, which will be known as the Bawas VAT Act of 2018 if passed, amending sections 106 to 109 and 112 of RA 8424 or the Tax Reform Act of 1997.

The sections of the Tax Reform Act tackle VAT imposed on the sale of goods or properties, importation of goods, the sale of services and use or lease of properties as well as VAT-exempt transactions and tax credits.

If the bill is passed, the measure hopes to implement the reduced VAT rate by Jan. 1, 2019.

By Jan. 1, 2022, the bill also seeks a further reduction in the VAT rate to 8% if the previous year’s revenue from VAT, as reported in the budget of expenditures and sources of financing submitted to Congress, is equal to or exceeds 4.5% of gross domestic product (GDP).

In her explanatory note, Ms. Hontiveros said the proposed measure will “provide relief for the lower economic deciles of the population by lowering the VAT rate to 10%.”

“As our tax system becomes more efficient and corruption is weeded out by our modernizing revenue bureaucracy, we will want to rely less on taxes that are easily passed on to final consumers, such as the Value-Added Tax (VAT),” she said.

Ms. Hontiveros also noted that the bill also sought to align the country’s tax system with that of the Association of Southeast Asian Nation (ASEAN).

The proposed measure contains a trigger for VAT collections at the 10% rate; if the total hits 4.5% of GDP, that will pave the way for a further reduction “to achieve full alignment with the ASEAN norm of 8%.” — Camille A. Aguinaldo

The basics on Bitcoin for y’all who are clueless

Bitcoin. Bitcoin. Bitcoin. Everyone’s talking about it and frankly, it can get intimidating. Bitcoin is continuously gaining traction in the Philippines, prompting the government to raise concerns towards the virtual currency (VC) and all activities related to it. And as business‑minded millennials, we have to make sure we’re not left out. #FOMO

So here’s the basic info:

Used solely through digital platforms, meaning, unlike bills and coins, it cannot be held in one’s hand. It is used in purchasing products online, and is a form of investment for some because of its fluctuating value. As of writing, Bitcoin’s value per unit has plunged below the $10,000 from almost $20,000 just before 2017 ended.

The underlying technology behind Bitcoin and other electronic currencies is called “blockchain,” a network of interconnected ledgers or data bases that allows the easy access to and transfer of VC’s. (Here’s a related story about that)

Unlike physical currencies, VC’s are not regulated by any state or central bank, with the their security and verification as well as production highly dependent on cryptography. Hence, the attempt to regulate companies that serve as trading entities in many countries, including the Philippines.

The Bangko Sentral ng Pilipinas (BSP) in February last year issued an order requiring all VC providers present in the country to be under its watch. At present, BSP is in the process of authorizing 12 bitcoin exchange entities, following the approval of two VC exchanges last year.

The Securities and Exchange Commission (SEC) also recently issued an advisory, warning the public against investing in initial coin offerings (ICO), the counterpart of initial public offering in the startup scene. The announcement came after SEC’s previous announcement that it would look into the ICO of KROPS, a digital marketplace for farm produce led by Joseph Calata, chairman of now delisted agribusiness firm Calata Corp. The ICO was, later on, declared illegal.

Through an ICO, startups raise a certain amount of money for a project by selling a VC in return of another digital currency or fiat money. Fintech startup Qwikwire, for example, last December launched its ICO with an aim to raise $9 million for a new digital real‑estate market.

According to Zach Piester, co‑founder of venture development and innovation firm Intrepid Ventures, the country has a “really large and robust blockchain and [cryptocurrency] community.”

“Our hope in the ecosystem is that we can create new global financial systems based on the notion of transferring value without [a] third party,” Piester said during the first Blockchain & Bitcoin Conference Philippines last January 25 at EDSA Shangri‑La Hotel in Mandaluyong City. The event drew hundreds of local and foreign Bitcoin enthusiasts.

Jeremy Goodwin, CEO of peer‑to‑peer manufacturing network SyncFab, claims: “The reason why cryptocurrencies exist is that they were [a] product of financial crisis in 2008. With the corruption in the financial market and all the untrusted central banking system, they (cryptocurrencies) are [a] trust‑worthy medium of financial banking.” He added: “They can be used and de‑centralized and for which the system is set up by movement undertaken by some libertarians and some technologists who create alternatives to the existing financial, central banking system [in the form of] de‑centralized ledgers.”

Goodwin also said that cryptocurrencies are “meant to address double spending,” easing payment transactions by eliminating third party platforms.

For Luis Buenaventura, chief technology officer at BloomSolutions and author of the book “Reinventing Remittances with Bitcoin,” the number of people involved in VC trades is growing because of the “excitement behind the technology and the real‑world application of what blockchain is gonna do to transform many industries.”

“Humanity has proven itself not up to the task of managing its money. I think that our governments are particularly good at that, and we’ve seen it time and time again,” Buenaventura said.

“An alternative now exists that we trust more in math, in electricity, and in many ways [cryptocurrencies] feel particularly more sound as a solution.”

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