This guide walks you through everything you need to know—from the legal framework to a step-by-step verification checklist, red flags, and what to do if you encounter a rogue app. It’s written for borrowers, compliance teams, and consumer advocates in the Philippine context.
1) Why SEC registration matters
In the Philippines, lending and financing businesses are regulated by the Securities and Exchange Commission (SEC). An online lender (even one that operates only via app or website) must:
- Be a Philippine corporation registered with the SEC (lending and financing businesses cannot be sole proprietorships or partnerships).
- Hold a primary registration (certificate of incorporation).
- Hold a secondary license (Certificate of Authority or similar) authorizing it to operate as a Lending Company (LC) or Financing Company (FC).
- If it lends via an app/website as a platform, have its Online Lending Platform (OLP) registration/approval with the SEC.
- Comply with data privacy rules (National Privacy Commission) and fair collection/advertising regulations.
Operating without these authorizations can lead to SEC enforcement actions, takedowns, and potential criminal/civil liabilities.
2) The legal backbone (plain-English overview)
- Lending Company Regulation Act (LCRA) — requires LCs to be corporations, hold a Certificate of Authority, meet minimum capital, and follow conduct rules.
- Financing Company Act — similar regime for FCs (often larger ticket lending, financing/leasing).
- SEC rules on OLPs — require each online lending app/website to be registered/cleared before public launch.
- Consumer protection & collections — SEC circulars prohibit abusive debt-collection (e.g., threats, humiliation, contacting people unrelated to the debt, “doxxing,” etc.). Ads must be fair, not deceptive.
- Data privacy — Online lenders process sensitive personal data; they must register, appoint a Data Protection Officer (DPO), minimize data collection, and avoid intrusive permissions (e.g., blanket access to contacts/photos) that are not strictly necessary.
- Interest/cost caps (small, short-term loans) — SEC has issued guidance setting caps for certain small-amount, short-term consumer loans. Caps and definitions can update; always check the lender’s current disclosures against the latest SEC circulars.
Practical takeaway: SEC authorization is a must, OLP approval is distinct from the company’s Certificate of Authority, and both should be in place if lending is done online.
3) What “registered with the SEC” actually looks like
A compliant online lender will be able to produce, on request, all of the following:
- SEC Certificate of Incorporation — shows the corporate name, SEC registration number, and date.
- Articles of Incorporation & By-laws — state the primary purpose (e.g., “to engage in lending/financing”), authorized capital, incorporators, and directors.
- Certificate of Authority to Operate as an LC or FC — this is the secondary license that actually allows lending/financing.
- OLP approval/registration — identifies the specific app(s) and/or website(s) cleared by the SEC for public use.
- Latest General Information Sheet (GIS) — shows current directors/officers and principal office.
- NPC (Privacy) Registration (or proof of compliance) — plus contact details of the DPO.
- Business permits & BIR registration — mayor’s permit, BIR certificate, etc. (These do not replace SEC authorizations; think of them as different layers of compliance.)
Name matters. Lending/financing companies generally must reflect their line of business in the corporate name (e.g., “… Lending Company, Inc.” or “… Finance Corporation”). Use of words like “bank” is restricted.
4) Step-by-step: How to verify an online lender
Follow this flow. You can complete most checks in minutes.
Step A — Validate the corporate identity
- Ask for the exact corporate name and SEC registration number.
- Verify that the name in the app/website matches the SEC documents (watch for look-alike names or trading names that conceal the true corporation).
Step B — Confirm the secondary license
- Request the Certificate of Authority (LC/FC)—note the CA number and issuance date.
- Check that the company’s primary purpose truly covers lending/financing (from the Articles of Incorporation).
Step C — Confirm OLP approval for the app/website
- Ask for proof that the specific app/site is an approved Online Lending Platform of that same company.
- Ensure there is no mismatch (e.g., App is “ZapCash” but OLP approval belongs to a different corporation).
Step D — Cross-check disclosures inside the app
- In the app’s About/Legal pages, look for: full corporate name, principal office address in the Philippines, contact details (phone/email), DPO contact, CA number, OLP reference, and interest/fee schedule.
- Review permissions requested by the app (camera, contacts, location). Excessive permissions unrelated to creditworthiness or KYC are a red flag.
Step E — Confirm data privacy compliance
- Ask for NPC registration details and DPO contact. Ensure the privacy notice explains what data is collected, why, how long it’s kept, and with whom it’s shared.
Step F — Review pricing disclosure
- Lender should present interest rate, fees, penalties, and Total Cost of Credit/Effective Interest Rate clearly, with examples.
- For small, short-term loans, check that pricing aligns with SEC caps (if applicable). Beware of hidden “service fees” that inflate costs.
Step G — Evaluate collection practices
- Ask for the lender’s Collection Policy. It should prohibit harassment, public shaming, threatening criminal charges, or contacting your phone contacts unrelated to the loan.
Step H — Inspect complaints record
- Look at app store reviews, public advisories, and consumer forums for patterns: aggressive collectors, bait-and-switch pricing, data scraping, or identity theft reports.
Pro tip: Legit lenders are willing—often proud—to share their SEC CA and OLP approval. Evasive answers or “we’re applying” is a major red flag.
5) Red flags that strongly suggest the lender is not SEC-registered
- No Certificate of Authority (only shows a DTI or mayor’s permit).
- Claims of being “SEC registered” but can’t name the corporation behind the brand/app.
- OLP approval refers to a different company (name mismatch).
- App demands contact list access or threatens to message your employer/friends.
- No physical address in the Philippines, or only a PO box/foreign address.
- Refuses to provide pricing breakdown or changes terms after approval.
- Uses harassment or shaming tactics in collections.
- Charges appear to exceed current SEC caps for small, short-term consumer loans (or hides charges under new labels).
6) How to read the key documents (quick guide)
Certificate of Incorporation
- Check exact name, SEC number, and date. Newer certificates may include QR or validation features.
Certificate of Authority (LC/FC)
- Look for: Company name matches the incorporation certificate, CA number, issuance/validity. Some certificates include scope (e.g., authority to engage in lending nationwide).
OLP Registration/Approval
- Must identify the app/website name and tie it to the same corporation with a valid CA.
- If the company runs multiple apps, each needs clearance.
Privacy Notice & NPC Docs
- Confirm the DPO and a reachable privacy contact. The notice should be detailed, not generic.
7) FAQs (focused on Philippine practice)
Q: Is an SEC “Company Registration” enough? A: No. You also need the SEC Certificate of Authority (LC/FC). Without it, the business cannot legally lend.
Q: Do all online lending apps need special SEC approval? A: Yes, the Online Lending Platform itself must be cleared/registered with the SEC, separate from the company’s CA.
Q: Are interest rates capped? A: For certain small-amount, short-term consumer loans, the SEC has issued caps (including total cost limits). Always compare the lender’s figures with the latest SEC circulars and disclosures.
Q: Can a foreign company lend online to Filipinos without an SEC license? A: Lending to Philippine residents typically triggers Philippine licensing. A local corporate presence and SEC authorizations are expected, plus compliance with privacy and consumer rules.
Q: The app says it “partners” with a licensed lender. Is that okay? A: Only if the licensed entity is clearly identified and the OLP approval covers the actual app you’re using. “Partnership” claims are not a substitute for proper SEC authorization.
8) What to do if you suspect a rogue lender
Stop sharing data. Uninstall the app and revoke permissions (contacts, SMS, storage).
Document everything. Screenshots of chats, emails, app pages, and payment records.
File reports/complaints.
- SEC (lending/financing violations, illegal OLPs).
- National Privacy Commission (privacy violations, unlawful processing, harassment using your contacts).
- Law enforcement (threats, extortion, identity theft).
Protect your accounts. Change passwords, enable 2FA, monitor your credit/transactions.
If already indebted: Communicate in writing. Offer to pay valid principal and lawful charges; dispute abusive/unauthorized fees; keep proof of payments.
9) Borrower’s mini-checklist (copy/paste)
- Corporate name + SEC Registration No.
- Certificate of Authority (LC/FC) — number & date
- OLP approval — app/website name matches the corporation
- Clear pricing (interest, fees, penalties, total cost)
- Privacy notice + DPO contact; NPC registration/compliance
- Collection policy bans harassment/public shaming
- Physical office address in the Philippines
- App permissions are minimal/necessary
- Reviews/advisories show no pattern of abuse
10) Practical scripts (ask these verbatim)
- “Please send your SEC Certificate of Authority for lending/financing and the OLP approval covering this app.”
- “Kindly confirm the exact corporate name operating this app and your SEC registration number. The app name must match your OLP approval.”
- “Please provide your interest rate, all fees, penalties, and effective monthly/annual cost, with a sample computation for ₱____ over ____ days.”
- “Who is your Data Protection Officer and how can I reach them? Please share your privacy registration or compliance details.”
- “Please share your Collection Policy to confirm that harassment and third-party disclosures are prohibited.”
11) Key distinctions people mix up
- SEC registration vs. SEC authority: Incorporation ≠ permission to lend. You need both.
- Business permits vs. licenses: Mayor’s/BIR permits ≠ regulatory authorization.
- Brand vs. corporation: The app’s brand might be different from the corporate name; the corporation must have the CA, and the app must be explicitly approved.
12) Bottom line
To confirm if an online lender is SEC-registered in the Philippines, you need three green lights:
- Registered corporation with the SEC (primary).
- Certificate of Authority as a Lending/Financing Company (secondary).
- SEC-approved Online Lending Platform for the specific app/website you’re using.
Everything else—permits, ads, even a slick app—does not substitute for these three. If any light is red (or missing), walk away.