2026-09-08
Added
This circular clarifies and modifies the methodology for determining the denominator of the Capital Adequacy Ratio (CAR) for Securitization Process Administrators. For Autonomous Patrimonies in fixed income securitization processes, the current amount of securitized or Trust securities is the outstanding balance as of the reporting period's closing date. For variable income processes, it is the equity presented in the financial statements for the reported period. These criteria must be observed when completing Annex XII of the Instruction Manual and apply to the CAR report in the Information Requirement Manual. The circular comes into effect on the business day following its publication.
SC-07-03-05 Edition 3 Page 1 of 4 CIRCULAR No. 06/26 To: Legal entities constituted as public limited companies, whose purpose is to structure, constitute, represent and administer Autonomous Patrimonies in Securitization Processes, as well as to issue securitized or Trust securities. Subject: Modification and clarification on the determination of the Capital Adequacy Ratio (CAR) for Securitization Process Administrators, contained in Annex XII of the Instruction Manual approved by Circular No. 05/2025. Having Seen: a. The Constitution of the Dominican Republic, given and proclaimed on October twenty-seventh (27), two thousand twenty-four (2024). b. Law No. 249-17, of December nineteenth (19), two thousand seventeen (2017), on the Securities Market of the Dominican Republic (hereinafter, “Law No. 249-17”), which repeals and replaces Law No. 19-00, of May eighth (8), two thousand (2000). c. Law No. 167-21, of August ninth (9), two thousand twenty-one (2021), on Regulatory Improvement and Simplification of Procedures, modified by Law No. 14-25, of January sixteenth (16), two thousand twenty-five (2025), and Decree No. 486-22, of August twenty-fourth (24), two thousand twenty-two (2022), which establishes the Application Regulation. d. Law No. 107-13, of August sixth (6), two thousand thirteen (2013), on the Rights of Persons in their Relations with the Administration and Administrative Procedure. e. Law No. 189-11, of July sixteenth (16), two thousand eleven (2011), for the Development of the Mortgage Market and Trust in the Dominican Republic, and Decree No. 95-12, of March second (2), two thousand twelve (2012), which establishes the Application Regulation. f. Law No. 479-08, of December eleventh (11), two thousand eight (2008), General Law on Commercial Companies and Individual Limited Liability Companies and its modifications. g. Law No. 200-04, of July twenty-eighth (28), two thousand four (2004), General Law on Free Access to Public Information and Decree No. 130-05, of March twenty-fourth (24), two thousand five (2005), which establishes the Application Regulation.
SC-07-03-05 Edition 3 Page 2 of 4 h. The First Resolution of the National Securities Market Council R-CNMV-2025-01-MV, of February twenty-fifth (25), two thousand twenty-five (2025), which approves the Regulation for Public Offer Trust Fiduciaries and Securitization Companies and Autonomous Patrimonies in Securitization Processes (hereinafter, the “Regulation”). i. Circular No. 05/2025, of November third (3), two thousand twenty-five (2025), by which the Superintendent of the Securities Market approved the Instruction Manual of the Regulation for Public Offer Trust Fiduciaries and Securitization Companies and Autonomous Patrimonies in Securitization Processes (hereinafter, the “Instruction Manual”). Considering:
SC-07-03-05 Edition 3 Page 3 of 4 6. That it is necessary to specify the component corresponding to the denominator of the CAR, in order to harmonize the methodology established in Annex XII of the Instruction Manual with the definition contained in Article 9 of the Regulation, taking into account the nature of the securities issued against the Autonomous Patrimony in Securitization Process, whether they are fixed income or variable income. 7. That in the case of fixed income securities, the current amount of the securities corresponds to the outstanding balance of said securities; while, in the case of variable income securities, the current amount of the securities is represented by the equity reflected in the financial statements of the Autonomous Patrimony in Securitization Process corresponding to the reported period. 8. That it is the criterion of the Superintendence of the Securities Market to standardize, clarify and ensure consistency of the formats, methodologies and contents of the information submitted by participants in the Securities Market, which contributes to the transparency and integrity of the market. Therefore: The Superintendent of the Securities Market, in use of the powers conferred upon him by Article 17, numeral 14, of Law No. 249-17, on the Securities Market of the Dominican Republic, promulgated on December nineteenth (19), two thousand seventeen (2017), which repeals and replaces Law No. 19-00, of May eighth (8), two thousand (2000), orders the following: I. Inform Securitization Process Administrators that the purpose of this Circular is to clarify and specify the methodology for determining the denominator of the Capital Adequacy Ratio (CAR) established in Annex XII of the Instruction Manual, so that the amount corresponding to each Autonomous Patrimony in Securitization Process administered, which makes up the “Total Administered Equity”, is determined in accordance with the provisions of the Regulation, as indicated below: a. For Autonomous Patrimonies in Fixed Income Securitization Processes: the current amount of securitized or Trust securities will be considered the outstanding balance of said securities as of the closing date of the reported period. b. For Autonomous Patrimonies in Variable Income Securitization Processes: the equity presented in the financial statements of the Autonomous Patrimony in Securitization Process corresponding to the reported period will be considered.
SC-07-03-05 Edition 3 Page 4 of 4 II. Inform Securitization Process Administrators that the note identified with two asterisks (**) in Annex XII of the Instruction Manual, related to the “Total Administered Equity”, is modified to read as follows: “The amount to be considered for each Autonomous Patrimony in Securitization Process will be determined according to the nature of the securities issued: (i) for fixed income securities, the current amount (outstanding balance of the securities) as of the closing date of the reported period; and (ii) for variable income securities, the equity presented in the financial statements of the Autonomous Patrimony in Securitization Process corresponding to the reported period” in accordance with the provisions of the Regulation. III. Inform Process Administrators that the criteria established in numeral I of this Circular must be observed when completing Annex XII of the Instruction Manual, and the Securitization Process Administrator must record, in the rows corresponding to each Autonomous Patrimony in Securitization Process, the amount determined according to the nature of the securities issued. IV. Inform Securitization Process Administrators that the report corresponding to the Capital Adequacy Ratio (CAR) contained in the Information Requirement Manual (IRM) will be applied in accordance with the criteria established in this Circular. V. Inform Securitization Process Administrators that this Circular comes into effect on the business day following its publication. VI. Instruct the Regulation and Innovation Directorate of the Superintendence of the Securities Market to publish this Circular on the institutional website. In Santo Domingo, National District, capital of the Dominican Republic, on the third (03) day of September, two thousand twenty-six (2026). Digitally signed by: Ernesto A. Bournigal Superintendent EBR/mdt/mt/omna/cp/ru Regulation and Innovation Directorate
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