Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 1 - Jan/Feb/Mar 2024
 

Securities and Exchange Commission Issues Philippine Sustainable Finance Taxonomy Guidelines

On 23 February 2024, the Securities and Exchange Commission ("SEC") issued Memorandum Circular No. 5, series of 2024 or the Philippine Sustainable Finance Taxonomy Guidelines ("Guidelines"). The primary goal of the Guidelines is to channel capital towards economic endeavors that further sustainability goals, such as lowering greenhouse gas emissions and bolstering climate resilience. Additionally, it fosters transparency and reliability by reducing the likelihood of greenwashing and facilitates a fair transition to a sustainable economy.


The Guidelines uses the traffic light approach such as "green", "amber", or "red" in classifying an activity, as follows:


  1. A green activity is one that makes a substantial contribution to an Environmental Objective ("EO") and meets the Essential Criteria of Do No Significant Harm ("DNSH") and Minimum Social Safeguards ("MSS").

  2. An amber activity is one that makes a substantial contribution to an EO and meets the Essential Criteria of DNSH and MSS (i.e. a green activity), but causes significant harm to another EO. Such harm must be able to be remediated within five years, or within less than 10 years as verified by an independent party.

  3. A red activity is one that does not serve any EO or meet the Essential Criteria. This does not imply that the activity is unsustainable. Rather, it does not meet the higher sustainability ambition of the Guidelines, nor pass the DNSH or MSS tests.

The Guidelines also formally define sustainable finance in the Philippines as any form of financial product or service which integrates environmental, social and governance criteria into business decisions that support economic growth and provide lasting benefit for both clients and society while reducing pressures on the environment. Sustainable finance includes, as a subset, green finance which is designed to facilitate the flow of funds towards green economic activities and climate change mitigation and adaptation projects.



Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.

 

Gatmaytan Yap Patacsil Gutierrez
& Protacio (C&G Law)
30/F 88 Corporate Center
SedeƱo cor. Valero Streets
Salcedo Village, Makati City 1227
Philippines
http://www.cagatlaw.com


Contacts:

Ben Dominic R Yap
Managing Partner
D +632 8894 0377
F +632 8552 1978
bdryap@cagatlaw.com

Jaime Renato B Gatmaytan
Partner
D +632 8894 0377
F +632 8552 1978
jrbgatmaytan@cagatlaw.com

Norma Margarita B Patacsil
Partner
D +632 8894 0377
F +632 8552 1978
nmbpatacsil@cagatlaw.com

Anthony Mark A Gutierrez
Partner
D +632 8894 0377
F +632 8552 1978
amgutierrez@cagatlaw.com

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