1) Why this matters
In the Philippines, a business may look legitimate—complete with an office, contracts, and a website—yet still be unauthorized to engage in lending to the public. “SEC-registered” and “properly licensed” are not the same thing. Registration typically relates to corporate existence; licensing relates to authority to engage in lending as a regulated activity. The difference affects enforceability, consumer protection, and your risk of dealing with an entity that may be operating unlawfully or using abusive collection practices.
2) Know the landscape: what exactly are you dealing with?
Before checking registration and licensing, identify what the entity claims to be:
A. Lending company (corporation)
A lending company is generally a corporation organized to grant loans from its own capital and is regulated under Philippine lending laws and SEC rules. In common usage, this refers to a lending company registered with the SEC and holding the necessary authority to operate as a lending company.
B. Financing company (corporation)
A financing company typically provides credit facilities often involving receivables, factoring, leasing, or installment financing, also regulated and licensed by the SEC under a separate framework from lending companies.
C. Cooperative
A credit cooperative is regulated by the Cooperative Development Authority (CDA), not the SEC (although some cooperatives may have SEC-related filings in narrow contexts, their primary regulator is CDA).
D. Bank / quasi-bank / pawnshop
Banks are supervised by the Bangko Sentral ng Pilipinas (BSP). Pawnshops have their own regulatory regime and are not the same as lending companies.
E. Online lending platform / mobile app lender
Many “online lenders” are either (i) SEC-licensed lending/financing companies using a digital channel, or (ii) unlicensed operators posing as such. Online lending activity adds another layer: data privacy, unfair collection, and consumer protection issues.
Key point: Your verification process depends on which bucket the entity belongs to. If it is a cooperative, bank, or pawnshop, you look to CDA/BSP, not only SEC.
3) “SEC-registered” vs “SEC-licensed”: the critical distinction
SEC registration (corporate registration)
Corporate registration means the entity exists as a corporation (or partnership) in SEC records. It will have:
- a registered corporate name,
- an SEC registration number,
- incorporators/directors/officers,
- a primary purpose clause in its articles,
- and a corporate status (e.g., active, delinquent, dissolved).
This alone does not automatically authorize lending to the public.
SEC licensing (authority to operate as a lending or financing company)
A corporation that engages in lending or financing as a business generally needs SEC authorization consistent with its regulatory category, and to comply with SEC rules applicable to lending/financing companies.
Practical takeaway: A corporation can be SEC-registered as, say, a “consultancy” or “trading” corporation and still illegally market “loans” without the proper authority. Conversely, a valid lending company should be both (i) SEC-registered with proper purpose and (ii) compliant and authorized under SEC’s lending/financing regulatory framework.
4) What “properly licensed” usually means in practice
When people say “licensed,” they can mean several different things. In Philippine lending practice, “properly licensed” is best understood as:
- Corporate existence (SEC registration)
- Authority/eligibility to engage in lending/financing under SEC rules (and correct classification as lending or financing company)
- Compliance standing (not revoked/suspended; compliant filings; permitted to operate)
- Local government permits (business permit / mayor’s permit; barangay clearance; BIR registration)
- For online operations: compliance with consumer protection, data privacy, and fair collection standards (not a “license” per se, but often the difference between lawful and abusive operations)
Not all of these are “licenses” issued by the SEC, but all are part of lawful operation.
5) Step-by-step: how to check if a lender is SEC-registered and properly authorized
Step 1: Get the exact legal identity
Do not rely on brand names, app names, Facebook pages, or “doing business as” labels. Ask for:
- full corporate name,
- SEC registration number,
- office address (registered address and operating address),
- names of officers,
- copy of Certificate of Incorporation/Registration and latest General Information Sheet (GIS),
- copy of the lending/financing company authority/certificate if they claim one.
Red flags: they refuse to provide the SEC registration number or insist that the brand name is the company name.
Step 2: Verify SEC registration (corporate existence)
Check that:
- the exact corporate name exists in SEC records,
- status is not “dissolved,” “revoked,” or otherwise inactive,
- the purpose clause supports lending/financing business,
- the company’s registered address matches what it represents publicly (allowing for branches).
What you’re confirming: You are dealing with a real, existing corporation—and that its corporate purposes aren’t obviously inconsistent with lending.
Step 3: Verify that it is a lending company or financing company (not merely any corporation)
A properly operating lender should be identifiable as:
- a lending company, or
- a financing company,
with SEC records reflecting that classification/authority and that it is allowed to engage in that business.
Practical check: If the entity is “XYZ Lending Corporation,” that name alone is not proof of authority. Names can be misleading. What matters is the SEC record and regulatory standing.
Step 4: Verify good standing and absence of regulatory actions
Even an originally authorized entity can be:
- suspended,
- revoked,
- blacklisted,
- ordered to cease operations,
- delinquent in filings.
Look for:
- proof of recent SEC filings (especially the latest GIS),
- indications of delinquency or penalties,
- whether the company appears on any public advisories or lists issued by regulators warning about unlicensed lending or abusive collection.
Risk note: Borrowers and counterparties can be harmed when dealing with a company under a cease-and-desist order or operating without authority, even if it used to be compliant.
Step 5: Check operational legality beyond SEC: business permits and tax registration
A lawful lender should also have:
- DTI registration only if it’s a sole proprietorship (not applicable to corporations; corporations are SEC),
- LGU business permit (Mayor’s permit) in the city/municipality where it operates,
- BIR registration (Certificate of Registration, “COR”), official receipts/invoices,
- branch permits, if applicable.
Why this matters: A lender may be SEC-registered but still illegally operating a branch or office without permits.
Step 6: If online/app-based: check compliance signals (without treating them as “licenses”)
For online lenders, verify:
- clear disclosure of the corporate name behind the app,
- transparent interest/fees and repayment terms,
- a privacy notice compliant with Philippine data privacy expectations,
- professional collection practices (no shaming, harassment, or unlawful access to contact lists),
- customer service channels that identify the corporation (not just Telegram/Viber/FB Messenger).
Reality check: Many problematic online lenders are either unlicensed or use a licensed shell while engaging in prohibited practices through affiliates or outsourced collectors.
6) Documents you should request and how to evaluate them
Core SEC / corporate documents
Certificate of Incorporation/Registration Confirms corporate existence and basic details.
Articles of Incorporation and By-Laws Check:
- primary purpose (should support lending/financing),
- authorized capital,
- corporate term (if applicable),
- incorporators/directors.
Latest GIS Check:
- current directors/officers,
- principal office address,
- corporate status and disclosures.
Lending/financing authority and operating proof
Proof of SEC authority/recognition as a lending or financing company (as applicable) Evaluate authenticity:
- consistent corporate name and SEC number,
- issuance details,
- absence of obvious alterations.
Business permits / Mayor’s permit and BIR COR Ensure names and addresses match.
Forgery red flags:
- mismatched fonts/formatting,
- inconsistent registration numbers,
- documents that reference the wrong corporate name (brand name used as if it’s the corporation),
- refusal to give you copies—only “screenshots” with cropped details.
7) Common red flags that the lender is not properly registered/licensed
Identity and documentation red flags
- No SEC registration number, or they provide one that doesn’t match the corporate name.
- They claim “SEC registered” but cannot show incorporation documents or a recent GIS.
- They use multiple corporate names interchangeably.
- Their contract names a different entity than the one marketing the loan (e.g., “collection agent” as the contracting party).
Operational red flags
- No office address (only chat apps), or address is unverifiable.
- They demand “processing fees,” “insurance,” “membership,” or “release fees” paid upfront before loan release, especially to personal accounts.
- They require access to your phone contacts, photos, or social media passwords.
- They threaten public shaming, doxxing, or contacting your employer/family as a routine collection method.
Legal/contract red flags
No clear disclosure of:
- annualized cost (interest + fees),
- due date,
- total amount payable,
- penalties and how computed.
Contract terms are one-sided, blank, or change after you sign.
They ask you to sign a document with missing figures or “to be filled in later.”
8) Legal implications and risk considerations
A. For borrowers
- A lender’s lack of proper authority can indicate heightened risk of abusive practices.
- Even if money is received, disputes often arise over excessive fees, unclear interest, unlawful penalties, or harassment.
- Borrowers may have remedies under consumer protection, civil law principles, and privacy rules, depending on conduct.
B. For investors/partners/referrers
If you’re:
- investing funds,
- acting as an agent or “field verifier,”
- referring borrowers for commissions,
you risk:
- being implicated in an unlawful scheme,
- civil liability for misrepresentation,
- exposure to complaints if the lender uses unlawful collection.
C. For employers and HR departments
When a “lender” contacts an employer to shame or pressure an employee, it raises:
- data privacy concerns,
- workplace harassment concerns,
- potential legal exposure if the employer discloses employee information improperly.
9) Practical due diligence checklist (copy/paste)
Identity
- Exact corporate name (not brand/app)
- SEC registration number
- Registered office address and operating address
- Names of officers/signatories
SEC / corporate
- Certificate of Incorporation/Registration
- Articles of Incorporation show lending/financing purpose
- Latest GIS (recent year) and consistency with signatory
Authority / standing
- Proof the entity is a lending company or financing company under SEC framework
- No signs of suspension/revocation/delinquency
- No red flags from public advisories or warnings
Operational legality
- Mayor’s permit/business permit for location
- BIR Certificate of Registration and official receipts/invoices
Contract / consumer fairness
- Clear disclosure of total cost, interest, fees, penalties
- No upfront “release fee” to personal accounts
- Collection practices stated and compliant
Online/data privacy
- Privacy notice and lawful data handling
- No coercive permissions (contacts/media)
- Legitimate customer support channels
10) If you suspect the lender is unregistered or unlicensed
Evidence to preserve
- screenshots of ads and messages,
- the loan contract and schedules,
- payment instructions and recipient account details,
- proof of payments,
- call recordings (where lawful) or call logs,
- harassment messages, threats, and public posts.
Practical next steps
- Stop sharing sensitive data and do not grant app permissions beyond what is necessary.
- Communicate in writing and keep records.
- For harassment or threats, preserve evidence and consider reporting to appropriate authorities consistent with the nature of the conduct (regulatory, consumer, privacy, or law enforcement channels).
11) Special topic: “collection agencies” and outsourced collectors
Lending/financing companies often outsource collection. This creates a common tactic: the lender appears legitimate, while third-party collectors commit abusive acts. Proper licensing of the lender does not automatically excuse unlawful conduct by collectors. As a due diligence matter:
- Identify the actual contracting party in your loan documents.
- Determine whether the collector is an agent, affiliate, or unrelated third party.
- Do not accept “collector” demands that contradict your written loan terms.
12) Special topic: “salary loans,” “employee loans,” and employer tie-ups
Some lending arrangements occur through employer programs or payroll deductions. Even then:
- confirm the lender’s identity and authority,
- ensure written disclosures of cost and penalties,
- make sure payroll deduction authorizations are clear, revocable under stated conditions, and properly documented.
13) Key takeaways
- SEC registration ≠ authority to lend. Confirm the entity is not only incorporated, but properly classified/authorized to operate as a lending or financing company as required.
- Verify identity first. Brand names and apps are not proof; match the corporate name and SEC registration number across documents.
- Check standing and permits. Good standing, current filings, and local permits matter for lawful operation.
- Online lending increases risk. Focus on transparency, privacy practices, and collection behavior—abusive conduct is a major warning sign even if the corporate shell exists.
- Preserve evidence early. If things feel off, your screenshots and documents are often the most important protection.