Rule · BCRA · 3 May 2019 · A 6690
The document replaces annex sheets for the regulations on spot and forward operations, swaps, collaterals, other derivatives and mutual funds, as well as for minimum‑capital breaches, technical relations, minimum‑capital requirements, net foreign‑currency position and asset‑collateral impact, and makes formal amendments to specific paragraphs (e.g., points 2.1, 2.6.1.3, 5.2.2.1, 6.1.3, 3.6.4.2, 6.2.1.1, 2.2.1.2, 5.2.3). Financial entities must incorporate the new annexes, adjust internal policies, and notify the Superintendence of Financial Entities and Currency Exchanges (SEFyC) when they begin operating under the updated rules; the changes take effect on 01/04/2019.
COMMUNICATION “A” 6690 03/05/2019
TO FINANCIAL ENTITIES:
Reference: Circular
Spot and forward operations, swaps, collaterals, other derivatives and mutual funds. Breaches of minimum capital and technical relations. Applicable criteria. Minimum capital of financial entities. Net global foreign‑currency position. Impact on assets pledged as collateral. Authorities of financial entities. Update.
We address you to forward, attached, the sheets that, in replacement of those previously provided, must be incorporated into the regulations on “Spot and forward operations, swaps, collaterals, other derivatives and mutual funds”, “Breaches of minimum capital and technical relations. Applicable criteria”, “Minimum capital of financial entities” and “Net global foreign‑currency position” in accordance with the resolution disseminated by Communication “A” 6663.
We also inform you that formal adjustments are being made to points 2.1 and 2.6.1.3, to sub‑paragraph ii) of point 5.2.2.1, to point 6.1.3 of the regulations on “Minimum capital of financial entities”, to sub‑paragraph i) and to item b) of sub‑paragraph iii) of point 3.6.4.2, to the title of Section 6 of the regulations on “Spot and forward operations, swaps, collaterals, other derivatives and mutual funds”, to point 2.2.1.1 and to item a) of sub‑paragraph iii) of point 2.2.1.2 of the regulations “Impact on assets pledged as collateral”, and to point 5.2.3 of the regulations on “Authorities of financial entities”.
Finally, we remind you that on the Institution’s website www.bcra.gob.ar, under “Financial System – LEGAL FRAMEWORK AND REGULATIONS – Orders and Summaries – Texts ordered of general regulations”, you will find the modifications with texts highlighted in special characters (strikethrough and bold).
We greet you attentively.
CENTRAL BANK OF THE ARGENTINE REPUBLIC
-2-
Matías A. Gutiérrez Girault – Manager of Regulation Issuance
Darío C. Stefanelli – Senior Manager of Regulation Issuance and Applications
Section 1. General provisions.
1.1. Limitation.
1.2. Special limit for operations with commodities.
1.3. Observance of other regulations.
1.4. Breaches.
Section 2. Spot operations to be settled.
2.1. Authorized entities.
2.2. Tradable assets.
2.3. Settlement.
Section 3. Forward operations not linked to swaps.
3.1. Authorized entities.
3.2. Forward premium.
3.3. Coverage margin.
3.4. Purchase and sale of securities and monetary‑regulation instruments of the BCRA.
3.5. Purchase and sale of foreign currency.
3.6. Purchase and sale of commodities.
3.7. Treatment of forward operations assimilable to swaps.
Section 4. Swaps.
4.1. Authorized entities.
4.2. Forward premium.
4.3. Coverage margin.
4.4. Passive swap.
4.5. Active swap.
4.6. Swaps with the Central Bank of the Argentine Republic.
Section 5. Collaterals.
5.1. Authorized entities.
5.2. Passive (taking) collateral.
5.3. Active (providing) collateral.
Section 6. Options.
6.1. Purchase of options.
6.2. Sale of options.
6.3. Options whose underlying asset is a commodity.
Section 7. Operations with mutual funds.
7.1. Denomination.
7.2. Restrictions.
7.3. Transparency.
7.4. Identification and tax status.
Section 8. Daily net position in LELIQ and active swaps in pesos against the BCRA.
8.1. Daily net position.
8.2. Breaches.
8.3. Framing schedule.
Correlation table.
Version: 2a. COMMUNICATION “A” 6690
Effective date: 01/04/2019
Section 6. Options.
6.1. Purchase of options.
6.2. Sale of options.
6.3. Options whose underlying asset is a commodity.
Section 1. General provisions.
1.1. Limitation. Financial entities may not carry out operations in markets authorized by the National Securities Commission (CNV) of the country or institutionalized abroad unless the operation directly or indirectly involves a fund‑raising activity within 30 days, except for those expressly admitted in these provisions.
1.2. Special limit for operations with commodities. The total of the operations listed in points 3.6 and 6.1.3 (options) may never exceed 5 % of the entity’s RPC (Regulatory Capital) of the previous month. For this purpose, gross positions will be taken, computed in accordance with points 6.5.2 and 6.6 of the regulations on “Minimum capital of financial entities.”
1.3. Observance of other regulations. Where applicable, the regulations on “Impact on assets pledged as collateral” and “External and exchange” shall apply.
1.4. Breaches. The provisions of the regulations on “Disciplinary regime under the Central Bank of the Argentine Republic, Laws 21.526 and 25.065 and their amendments” shall apply.
Section 1. General provisions.
Version: 2a. COMMUNICATION “A” 6690
Effective date: 01/04/2019
The term shall be freely agreed.
Settlement shall be by effective delivery of the traded asset and its counterpart, or by cash difference or compensation.
Commodities that have a normal and regular quotation in domestic or foreign markets, and price indexes based on them.
The term shall be freely agreed.
They shall be settled by compensation, without delivery of the underlying, both at expiry and in the event of an unplanned closure of the positions, which must be explicitly contemplated in the termination clauses. Contracts that in any circumstance allow delivery of the underlying shall not be admitted.
The operation must be carried out:
3.6.4.1. In the country:
3.6.4.2. Abroad:
Financial entities’ participation in this operation must conform to a specific policy adopted by their board of directors or equivalent authority. Financial entities must notify the Superintendence of Financial Entities and Currency Exchanges (SEFyC), via a note signed by the highest‑ranking official of the credit or commercial area responsible for credit decisions, when they begin operating under this modality. In the corresponding filing they shall provide information on the adopted policy, at a minimum including data on the underlying assets, counterparties or markets involved, types of derivatives to be traded, and responsibility levels for operation approval.
When forward operations are directly or indirectly linked to spot operations, with the same counterparties, and produce a similar economic‑financial effect to a swap, they shall receive the treatment applicable to swaps and the provisions of Section 4 shall apply to them.
Version: 1a. COMMUNICATION “A” 6690
Effective date: 01/04/2019
Financial entities may purchase option contracts issued by foreign banks that comply with point 3.1 of the regulations on “Credit assessments”, requiring an international “investment‑grade” risk rating. They may also purchase option contracts issued by other counterparties, provided the operations are conducted in domestic markets or institutionalized foreign markets and comply with points 2.2.3 or 3.2 of the regulations on “Credit assessments,” respectively.
Financial entities may sell option contracts provided they comply with point 2.1.2 of the regulations on “Credit assessments.”
Financial entities may trade option contracts on commodities provided they meet the preceding requirements and those set out in point 3.6.
| Sec. | Point | Paragraph | Comm. | Annex | Cap. | Sec. | Point | Paragraph | Observations |
|---|---|---|---|---|---|---|---|---|---|
| 1.1 | “A” | 2275 | 2. | last | According to Comm. “A” 6472. | Includes interpretative clarification. | |||
| 1.2 | “A” | 6663 | 1. | ||||||
| 1.3 | “A” | 6472 | Includes interpretative clarification. | ||||||
| 1.4 | “A” | 2953 | 2. | 3rd | According to Comm. “A” 6167 and 6472. | ||||
| 2.1 | “A” | 2275 | 4. | ||||||
| 2.2 | “A” | 2275 | 4. According to Comm. “A” 6472. | Includes interpretative clarification. | |||||
| 2.3 | “A” | 2275 | 4. | ||||||
| 2.3.1 | “A” | 2275 | 4. | ||||||
| 2.3.2 | “A” | 2275 | 4. According to Comm. “B” 6115. | ||||||
| 3.1 | “A” | 1465 | “A” | 1590 | |||||
| 3.2 | “A” | 1465 | I | 4.2. | “A” | 1590 | I | 3.2. | |
| 3.3 | “A” | 1465 | “A” | 1590 | |||||
| 3.4 | “A” | 1465 | I | 4. | According to Comm. “A” 2109 and 2140. | ||||
| 3.4.1 | “A” | 1465 | I | 4. According to Comm. “A” 2061, 2275 and 6472. | Includes interpretative clarification. | ||||
| 3.4.2 | “A” | 1465 | I | 4.1. and 5.2. 1° | According to Comm. “A” 1603, 2061, 2064, 2275 and 6305. | ||||
| 3.4.3 | “B” | 3909 | 4. According to Comm. “A” 6472. | Includes interpretative clarification. | |||||
| 3.5 | “A” | 1590 | I | 3. | |||||
| 3.5.1 | “A” | 1590 | I | 3.3. | |||||
| 3.5.2 | “A” | 1590 | I | 3.5. | |||||
| 3.5.3 | “A” | 1590 | I | 3.1. and 4.2. 1° | According to Comm. “A” 1603, 2061, 2064, 2275 and 6305. | ||||
| 3.5.4 | “A” | 1590 | I | 3.6. According to Comm. “A” 6472 and “B” 7166. | Includes interpretative clarification. | ||||
| 3.6 | “A” | 6663 | 1. | ||||||
| 3.6.1 | “A” | 6663 | 1. | ||||||
| 3.6.2 | “A” | 6663 | 1. | ||||||
| 3.6.3 | “A” | 6663 | 1. | ||||||
| 3.6.4 | “A” | 6663 | 1. According to Comm. “A” 6690. | ||||||
| 3.6.5 | “A” | 6663 | 1. | ||||||
| 3.7 | “A” | 2275 | 2.2. According to Comm. “A” 6305 and 6472. | ||||||
| 4.1 | “A” | 1465 | I | 1. “A” | 1590 | I | 1. According to Comm. “A” 1594 and 2192. | ||
| 4.2 | “A” | 1465 | I | 1.1.2. and 1.2.2. | |||||
| 4.3 | “A” | 1465 | I | 1.1.4. and 1.2.4. | |||||
| 4.4 | “A” | 1465 | I | 1.1. | |||||
| 4.4.1 | “A” | 1465 | I | 1.1. | |||||
| 4.4.2 | “A” | 1465 | I | 1. | |||||
| 4.4.2.1 | i) “A” | 2061 | 5.1. and 5.2. | According to Comm. “A” 2275, 2286, 2356, 2393, 2771 and 6472. | Includes interpretative clarification. | ||||
| 4.4.2.1 | ii) “A” | 1465 | I | 1.1.1., 1.1.3. and 5.2. 1° | According to Comm. “A” 6472. | Includes interpretative clarification. | |||
| 4.4.2.2 | iii) “A” | 1465 | I | 1.1.1. and 1.1.3. | According to Comm. “A” 1603 and 6472. | Includes interpretative clarification. | |||
| 4.4.2.2 | “A” | 1465 | I | 1.1.5. | According to Comm. “A” 2122 and 6472. | Includes interpretative clarification. | |||
| 4.4.2.3 | “A” | 1465 | penultimate | According to Comm. “A” 6472. | Includes interpretative clarification. | ||||
| 4.4.3 | “A” | 1590 | I | 1. | |||||
| 4.4.3.1 | i) “A” | 1590 | I | 1.1.1. and 2.1. | |||||
| 4.4.3.1 | ii) “A” | 1590 | I | 1.1.1. According to Comm. “A” 1603. | |||||
| 4.4.3.2 | “A” | 1590 | I | 1.1.3. | |||||
| 4.4.3.3 | “A” | 1590 | I | 1.1.5. According to Comm. “A” 2122 and 6472. | Includes interpretative clarification. | ||||
| 4.4.3.4 | “A” | 1590 | I | 1.1.6. According to Comm. “A” 6472. | Interpretative clarification. | ||||
| 4.5 | “A” | 1465 | I | 1.2. | |||||
| 4.5.1 | “A” | 1465 | I | 1.2. | |||||
| 4.5.2 | “A” | 1465 | I | 1.2. According to Comm. “A” 6472. | Interpretative clarification. | ||||
| 4.5.2.1 | “A” | 1465 | I | 1.2.1. and 5.2. 1° | According to Comm. “A” 2061, 2064, 2181 and 2275. | ||||
| 4.5.2.2 | “A” | 1465 | I | 1.2.4. According to Comm. “A” 6472. | Includes interpretative clarification. | ||||
| 4.5.2.3 | “A” | 1465 | penultimate | According to Comm. “A” 6472. | Includes interpretative clarification. | ||||
| 4.5.3 | “A” | 1590 | I | 1.2. | |||||
| 4.5.3.1 | “A” | 1590 | I | 1.2.1. and 2.1. | |||||
| 4.5.3.2 | “A” | 1590 | I | 1.2.3. | |||||
| 4.5.3.3 | “A” | 1590 | I | 1.2.5. According to Comm. “A” 6472. | Includes interpretative clarification. | ||||
| 4.5.3.4 | “A” | 1590 | I | 1.2.6. According to Comm. “A” 6472. | Includes interpretative clarification. | ||||
| 4.6 | “A” | 6472 | Includes interpretative clarification. | ||||||
| 5.1 | “A” | 2061 | 5.1. a | ||||||
| 5.2 | “A” | 2061 | 5.1. a | ||||||
| 5.2.1 | “A” | 1020 | 1. According to Comm. “A” 1746, 1769, 2061 and 6472. | Includes interpretative clarification. | |||||
| 5.2.2 | “A” | 2061 | 5 | ||||||
| 5.2.2.1 | “A” | 2061 | 5.1. a | ||||||
| 5.2.2.2 | i) “A” | 2061 | 5. According to Comm. “A” 2064. | ||||||
| 5.2.2.2 | ii) “A” | 2061 | 5 | ||||||
| 5.3 | “A” | 2061 | 5. According to Comm. “A” 2064 and 2181. | ||||||
| 6.1 | “A” | 2461 | unique IV 2° and last | According to Comm. “A” 5740 and 6472. | |||||
| 6.2 | “A” | 2461 | unique IV 1° | According to Comm. “A” 5740 and 6472. | |||||
| 6.3 | “A” | 6663 | 1. |
Section 1.1. Breaches reported by entities.
Section 1.2. Breaches detected by the Superintendence of Financial Entities and Currency Exchanges (SEFyC).
Section 1.3. Daily capital deficiency.
Section 1.4. Application of article 41 of the Financial Entities Law.
Section 2.1. Concepts covered.
The following excesses shall be subject to the treatment established in this section:
i) The ratio of immobilised assets and other concepts;
ii) Large credit‑risk exposures arising from:
iii) Financing to the non‑financial public sector;
iv) Derivative positions on commodities (as provided in point 1.2 of the regulations on “Spot and forward operations, swaps, collaterals, other derivatives and mutual funds”);
v) Credit grading.
Section 2.2. Breaches reported by entities.
2.2.1. Information entered on time.
The increase of the minimum‑capital requirement for credit‑risk shall be equal to 100 % of the excess to the ratio, starting from the month in which the breach is recorded and while it persists. For credit relationships, the computation of the “apartamiento” (capital set‑aside) shall be based on the monthly average of daily excesses.
2.2.2. Information entered out of time.
The increase shall be equal to 100 % of the excess to the ratio, starting from the month the information is entered, while the breach remains, and additionally, once regularised, for a number of months equal to the number of periods during which the unreported excess was verified.
Section 2.3. Repeated breaches.
2.3.1. Definition.
Repeated breach means non‑observance of the relations –considered separately each – in successive periods or with an interval shorter than three months, derived from voluntary acts (e.g., granting financing to a client whose exposure already exceeds limits, profit distribution that reduces computable equity, excess exposures to different clients in different periods).
2.3.2. Consequences.
The increase of the minimum‑capital requirement for credit‑risk shall be equal to 130 % of the excess recorded in the respective relation.
Section 2.4. Breaches detected by SEFyC.
2.4.1. Reply period.
The entity shall have 30 calendar days from notification of the determination made by SEFyC to submit its reply, which must be issued within the subsequent 30 calendar days.
2.4.2. Final determination.
Effective date: 01/04/2019
The computation of the “apartamiento” shall consider the highest excess amount recorded in the periods covered by out‑of‑time information and in subsequent periods, as long as the breach persists, even if information for later periods is entered on time. For credit relations, the computation shall consider the highest daily excess amount attributable to the clients that originated it, recorded in those periods.
Effective date: 01/04/2019
It will trigger an increase in the minimum capital requirement for credit risk by an amount equal to 150 % of the excess over the ratio starting from the month in which it becomes final, while the breach persists, and, additionally once regularised, for a number of months equal to the number of periods during which the breach detected by the SEFyC was observed.
The calculation of the offset will be performed considering the highest excess amount recorded in the mentioned periods and in the subsequent ones, as long as the breach remains and even if the information for the subsequent periods is entered in a timely and proper manner.
In the case of credit relationships, such calculation will be made considering the highest daily excess amount, with respect to the clients who originated it, recorded in those periods.
When the sum of the increases in the minimum capital requirement for credit risk resulting from breaches of the technical relationships covered in this section exceeds the equivalent of 5 % of that requirement – without considering the increases – and while this situation persists, the total amount of deposits – in national and foreign currency – may not exceed the level reached during the month in which that event is recorded.
That limit and its observance will be calculated based on the balances recorded on the last day of each of the months covered.
No additional text provided.
Breaches must be disclosed in notes to the financial statements according to the criteria established by the SEFyC.
Summary proceedings will be initiated in accordance with the guidelines defined by the SEFyC.
Version: 9a. COMMUNICATION “A” 6690
Effective date: 01/04/2019
ORDERED TEXT OF SOURCE REGULATION
| Section | Point | Paragraph | Comm. | Cap. | Point | Paragraph | Observations |
|---|---|---|---|---|---|---|---|
| 1° “A” | 3161 | 1.1. | |||||
| 2° “A” | 3161 | 1.1. | According to Comm. “A” 3171 (point 1.) and 6091. | 1.1. | |||
| 3° “A” | 3171 | 1. | |||||
| 1.2. | “A” | 3161 | 1.2. | ||||
| 1.2.1. | “A” | 3161 | 1.2.1. | ||||
| 1.2.2. | “A” | 3161 | 1.2.2. | ||||
| 1.2.2.1. | “A” | 3161 | 1.2.2.1. | ||||
| 1.2.2.2. | “A” | 3161 | 1.2.2.2. | ||||
| 1.3. | “A” | 3161 | 1.3. | ||||
| 1.3.1. | “A” | 3161 | 1.3.1. | According to Comm. “A” 5272 and 6091. | |||
| 1.3.2. | “A” | 3161 | 1.3.2. | ||||
| 1.3.2.1. | “A” | 3161 | 1.3.2.1. | ||||
| 1.3.2.2. | “A” | 3161 | 1.3.2.2. | ||||
| 1.4. | “A” | 3161 | 1.4. | ||||
| 2.1. | “A” | 3161 | According to Comm. “A” 4546, 4742, 4838, 4861, 4926 (point 1.), 4937 (point 4.), 4961, 4996, 5180, 5520, 6635, 6663 and “B” 9745. | ||||
| 2.2.1. | “A” | 3161 | 2.1.1. | ||||
| 2.2.2. | “A” | 3161 | 2.1.2. | According to Comm. “A” 3171 (point 2.). | |||
| 2.3. | “A” | 3161 | 2.2. | ||||
| 2.3.1. | “A” | 3161 | 2.2.1. | ||||
| 2.3.2. | “A” | 3161 | 2.2.2. | ||||
| 2.3.2.1. | “A” | 3161 | 2.2.2.1. | According to Comm. “B” 9745. | |||
| 2.3.2.2. | “A” | 3161 | 2.2.2.2. | ||||
| 2.3.3. | “A” | 3161 | 2.2.3. | According to Comm. “A” 3171 (point 3.). | |||
| 2.4. | “A” | 3161 | 2.3. | According to Comm. “A” 3171 (point 4.) and 6635. | |||
| 2.5. | “A” | 3161 | 2.4. | According to Comm. “A” 6327. | |||
| 2.6. | “A” | 3161 | 2.5. | ||||
| 3.1. | “A” | 3161 | 3.1. | ||||
| 3. | “A” | 3161 | 3. | ||||
| 3.2. | “A” | 3161 | 3.2. |
In this matter, the provisions contained in Section 2 of the rules on “Breaches of minimum capitals and technical relationships. Applicable criteria” will apply, unless the provisions of Section 3 of those rules are applicable.
Version: 3a. COMMUNICATION “A” 6690
Effective date: 01/04/2019
The credit exposure resulting from the use of expanded credit lines referred to in points 6.1.1.2 and 6.1.2.1.c of the rules on “Financing of the non‑financial public sector” (considering, where applicable, the provisions of Section 9 of those rules regarding financial assistance granted and/or holdings of debt instruments of financial trusts or fiduciary funds referred to in point 5.1 of the same rules and point 3.2.4 of the cited regulation) will also be computed in this expression, according to the following schedule, which will operate from the moment the works or equipment begin to generate income for the trust or fiduciary fund through fees, rates, tariffs or similar concepts.
| Utilisation of expanded quota – % of utilization – | From | 25% | 50% | 100% |
|---|---|---|---|---|
| First month | X | |||
| Seventh month | X | |||
| Thirteenth month | X |
The non‑financial public sector cited in these rules is the one defined in Section 1 of the rules on “Financing of the non‑financial public sector”.
Version: 10a. COMMUNICATION “A” 6690
Effective date: 4/5/2019
With this method, when financial entities accept assets as collateral, the counter‑party’s risk weight is substituted – partially or fully – by the risk weight of the asset covering the exposure – partially or fully.
Version: 4a. COMMUNICATION “A” 6690
Effective date: 4/5/2019
Consequently, the margins agreed for overdrafts in current accounts and the purchase limits of credit cards (both the used and the available amounts), as well as pre‑approved personal loans – to the extent they have not yet been formalised or disbursed to the client – will not be part of the numerator of the debt‑to‑income ratio because they do not have a periodic amortisation.
However, installments that the client has for purchases financed within the credit‑card system must be considered within the “installments” concept.
For the purpose of determining the risk‑weight to be applied to the exposures referred to in points 2.6.2.4, 2.6.2.5, 2.6.2.6, 2.6.3.2, 2.6.4.2 and 2.6.5, the rating granted by an external credit assessment institution (ECAI) admitted by the BCRA must be used, as established in Section 10.
The credit ratings contemplated in those points correspond to the methodology used by Standard & Poor’s and are provided solely as an example.
No exposure with un‑rated debtors may receive a risk‑weight lower than that applied to the country of incorporation, except for the exposures referred to in points 2.6.2.2 and 2.6.2.3. Nevertheless, exposures with financial entities not rated that are incorporated in jurisdictions where sovereigns have a rating between BB+ and B‑ will receive a risk‑weight of 100 %.
| Concept | Weight (%) |
|---|---|
| 2.6.1. Availability | |
| 2.6.1.1. Cash on hand, in transit (when the financial entity assumes responsibility and risk of transfer) and in ATMs | 0 |
| 2.6.1.2. Current and special accounts at the BCRA and payment orders charged to the BCRA | 0 |
| 2.6.1.3. Gold minted or in “good‑delivery” bars, as defined in points 4.1.3 and 4.1.4 of the “External and Exchange” regulations | 0 |
| 2.6.1.4. Cash items pending collection (checks and drafts), cash in securities‑transport companies and cash in custody at financial entities | 20 |
| 2.6.2. Exposure to governments and central banks | |
| 2.6.2.1. To the BCRA in pesos, when its source of funds is in that currency | 0 |
Version: 11a. COMMUNICATION “A” 6690
Effective date: 01/04/2019
Market risk is defined as the possibility of suffering losses on positions recorded on‑ and off‑balance‑sheet due to adverse market‑price fluctuations.
The capital requirement for market risk (RM) will be the arithmetic sum of the capital requirements for interest‑rate risk (RT), equity risk (RA), exchange‑rate risk (RTC), commodity risk (RPB) and option risk (ROP):
```
RM = RT + RA + RTC + RPB + ROP
```
For its determination, entities must use the Standard Measurement Method provided in point 6.1.4.
The capital requirement for interest‑rate risk must be calculated with respect to debt securities and other instruments attributed to the trading book, including non‑convertible preferred shares.
A security sold and repurchased forward in a passive repo or other financing operation with securities will be treated as if it remains the property of the transferring entity; i.e., it will receive the same treatment as a security held in the book.
Convertible preferred shares that can be converted into ordinary shares of the issuer at a predetermined price will be treated according to how they are traded, either as debt securities or as equity.
The requirement will be obtained as the sum of two separately calculated requirements: one for the specific risk of each instrument, whether the position is sold or bought, and another for the general market risk – linked to the effect of interest‑rate changes on the book – in which bought and sold positions in different instruments may be offset.
For derivative instruments, the provisions set out in point 6.2.3 will apply.
6.2.2.1. The capital requirement shall be obtained as the sum of the following four components:
6.2.2.2. Capital requirements shall be calculated separately for positions in pesos and in each foreign currency. When the total operations in a foreign currency are not significant – residual foreign currencies – the entity may assign the net positions, bought or sold, to the bands of a single scale. In such case, it shall sum the individual net positions within each band, regardless of whether they are bought or sold, in order to determine the gross position amount in these residual foreign currencies.
MINIMUM CAPITAL OF FINANCIAL ENTITIES – B.C.R.A.
Section 6. Minimum capital for market risk.
Version: 8a. COMMUNICATION “A” 6690
Effective: 01/04/2019
6.2.2.3. Bought and sold positions in debt securities and derivative instruments shall be assigned to maturity scales divided into 15 or 13 time bands, depending on whether the instrument’s coupon is less than 3 % or not. Fixed‑rate instruments shall be assigned according to their residual maturity, and variable‑rate instruments according to the time remaining until the next interest adjustment. The risk weight for variable‑rate instruments shall depend on whether the current period’s yield coupon – or, if not yet available, the last coupon paid – represents a yield lower than 3 % per annum. Opposite positions of the same amount in the same class may be excluded, as well as closely related derivatives (“swaps”, “forwards”, futures and “forward rate agreements” – FRAs –) that meet the conditions set out in sub‑paragraph i) of point 6.2.3.5.
6.2.2.4. Positions assigned to each time band shall be weighted by a factor that reflects their sensitivity to interest‑rate changes, according to the following table:
| Zone | Coupon < 3 % | Coupon ≥ 3 % | Risk weight | Assumed change in yield – to be used in the delta‑plus method (point 6.6.3.) – | Months * |
|---|---|---|---|---|---|
| 0‑1 | 0‑1 | 0.00 % | 1.00 | ||
| 1‑3 | 1‑3 | 0.20 % | 1.00 | ||
| 3‑6 | 3‑6 | 0.40 % | 1.00 | ||
| 6‑12 | 6‑12 | 0.70 % | 1.00 |
| Years * | Coupon < 3 % | Coupon ≥ 3 % | Risk weight | Assumed change in yield – to be used in the delta‑plus method (point 6.6.3.) – |
|---|---|---|---|---|
| 1‑1.9 | 1‑2 | 1.25 % | 0.90 | |
| 2 | 1.9‑2.8 | 1.75 % | 0.80 | |
| 2.8‑3.6 | 3‑4 | 2.25 % | 0.75 | |
| 3.6‑4.3 | 4‑5 | 2.75 % | 0.75 | |
| 4.3‑5.7 | 5‑7 | 3.25 % | 0.70 | |
| 5.7‑7.3 | 7‑10 | 3.75 % | 0.65 | |
| 7.3‑9.3 | 10‑15 | 4.50 % | 0.60 | |
| 9.3‑10.6 | 15‑20 | 5.25 % | 0.60 | |
| 10.6‑12 | >20 | 6.00 % | 0.60 | |
| 12‑20 | – | 8.00 % | 0.60 | |
| >20 | – | 12.50 % | 0.60 |
Version: 7a. COMMUNICATION “A” 6690 – Effective: 01/04/2019
6.2.3.1. The measurement system shall cover all interest‑rate derivatives and off‑balance‑sheet instruments in the trading portfolio that are sensitive to rate changes – such as FRAs, bond futures, interest‑rate and cross‑currency “swaps” – and forward currency positions. Options shall be treated as provided in point 6.6.
6.2.3.2. Calculation of positions. Derivatives shall be converted into positions in the corresponding underlying and shall be subject to the specific‑risk and general‑market‑risk capital requirements described above. To determine the market value of the underlying notional, the provisions set out in point 6.10 shall be followed for a prudent valuation.
6.2.3.3. Futures and forward contracts, including FRAs. These instruments shall be considered as a combination of a bought and a sold position in a public security. The maturity of a future or a FRA shall be the period up to delivery or exercise of the contract plus – where applicable – the life of the underlying instrument. Where a range of instruments may be delivered to satisfy the contract, the entity may choose which security, among those that can be delivered, to insert into the maturity scale, taking into account the applicable conversion factors. In the case of a future on a corporate bond index, positions shall be included at the market value of the instruments comprising the underlying portfolio.
6.2.3.4. “Swaps”. Swaps shall be considered as two notional positions in public securities with the respective maturities.
An interest‑rate swap whereby the entity receives a variable rate and pays a fixed rate shall be considered as a bought position in a variable‑rate instrument maturing on the next interest‑rate reset date and a sold position in a fixed‑rate instrument with a maturity equal to the residual term of the swap. In the case of swaps that pay or receive a variable or fixed interest rate in exchange for another reference price – such as a stock index – the interest‑rate component shall be assigned to the band corresponding to the maturity or reset date, and the equity component shall give rise to the requirement for equity positions.
Each side of a currency swap shall be assigned to the maturity scale of the corresponding currency.
MINIMUM CAPITAL OF FINANCIAL ENTITIES – B.C.R.A.
Section 6. Minimum capital for market risk.
Version: 8a. COMMUNICATION “A” 6690 – Effective: 01/04/2019
The specific risk equals the gross position in equities – i.e., the sum of all bought positions and all sold positions – while the general market risk is the difference between the total bought positions and the total sold positions in each national market where the entity holds equities – i.e., the total net position in each national market.
The capital requirement for specific risk and for general market risk shall be 8 % of each risk, as defined in the preceding paragraph.
Except for options on equities and stock indices, which are dealt with in point 6.6, the remaining equity derivatives and off‑balance‑sheet positions sensitive to market price changes shall be included in the capital requirement calculation. This includes futures, forwards and swaps, both on individual equities and on stock indices. Derivatives shall be converted into positions in their corresponding underlying.
6.3.2.1. Calculation of positions. For the calculation of specific‑risk and general‑market‑risk requirements, derivative positions shall be converted into notionals:
6.3.2.2. Capital requirement for equity derivatives.
Each position netted with an identical equity or stock index may be fully netted, resulting in a single net position, bought or sold, on which the specific‑risk and general‑market‑risk capital requirements shall be applied.
The derivative’s interest‑rate risk shall be computed as indicated in point 6.2.
Version: 6a. COMMUNICATION “A” 6690 – Effective: 01/04/2019
c) Opposite positions may be netted – i.e., capital requirements not applied – even when they are in different markets or involve share deposit certificates, only if all conversion costs, where any, are taken into account. All foreign‑exchange risk arising from these positions shall be computed as set out in point 6.4.
This point establishes the minimum capital needed to cover the risk of holding positions in foreign currency, including gold.
6.4.1. The calculation of the capital requirement for foreign‑exchange risk first requires quantifying exposure in each currency and then estimating the risks inherent in the combination of bought and sold positions in different currencies.
6.4.2. Measurement of exposure in each currency.
6.4.2.1. The net open position in each currency shall be calculated as the sum of:
6.4.2.2. When a foreign currency or gold is part of a forward contract – to deliver or receive a certain amount – the exposure to interest‑rate or foreign‑exchange risk on the other side of the contract shall be computed as set out in points 6.2 and 6.4.2.1.
Version: 3a. COMMUNICATION “A” 6690 – Effective: 01/04/2019
It covers the risk of holding positions in commodities, including precious metals except gold (treated in point 6.4). For the purposes of these rules, a commodity (or raw material) is defined as any physical product traded or tradable in a secondary market.
6.5.1. In addition to being exposed to spot price changes – directional risk – financial entities using forwards and other derivatives are exposed to the following risks:
If, to finance its commodity positions, the financial entity is exposed to interest‑rate and/or foreign‑exchange risk, it shall include the relevant positions in the calculations set out in points 6.2 (capital requirement for interest‑rate risk) and/or 6.4 (capital requirement for foreign‑exchange risk), respectively. Likewise, when a commodity is part of a forward contract – where a certain quantity must be delivered or received – any interest‑rate and/or foreign‑exchange risk exposure arising from the other leg of the contract shall be treated in accordance with points 6.2 and 6.4, respectively.
6.5.2. Measurement of exposure. Long and short positions may be netted for the purpose of calculating open positions, provided they concern the same commodity. Netting between positions in different commodities or between different sub‑categories of the same commodity is not permitted.
To calculate capital requirements, each position in a commodity (spot and forward) shall be expressed in the corresponding standard unit of measure (barrels, kilos, grams, etc.). The net position of each commodity shall be converted to pesos using its spot price and, if expressed in a foreign currency, converting it at the United States dollar reference exchange rate published by the BCRA at the close of the day’s operations. For foreign currencies other than the United States dollar, conversion shall be made using the pass‑through rates communicated by the BCRA’s trading desk.
Version: 2a. COMMUNICATION “A” 6690 – Effective: 01/04/2019
Derivative instruments – such as futures, forwards, swaps and the options treated according to point 6.6.3 (after applying the delta‑plus method) – on commodities and the off‑balance‑sheet positions affected by commodity price changes shall be converted into notional positions in those commodities as follows:
6.5.3. Determination of the requirement.
6.5.3.1. For directional risk: the capital requirement shall be 15 % of the net position, whether short or long, in each commodity.
6.5.3.2. For basis, interest‑rate and future‑gap risks: financial entities shall observe an additional capital requirement of 3 % of the gross position (longs plus shorts) in each commodity.
6.6.1. Entities that only purchase options – and provided that the market value of all options in the portfolio does not exceed 5 % of its previous month’s RPC – or whose sold‑option positions are covered by bought‑option positions that have exactly the same contractual conditions, may use the simplified method set out in point 6.6.2. In all other cases, they shall use the delta‑plus method contemplated in point 6.6.3.
Options and their underlyings, spot or forward, shall be subject to a capital requirement that incorporates both general market risk and specific risk under the following terms:
6.6.2.1. Capital requirement for a bought position in the underlying and a bought put option, or for a sold position in the underlying and a bought call option.
The capital requirement shall be the market value of the underlying multiplied by the sum of the applicable specific‑risk and general‑market‑risk requirements for the underlying, minus the intrinsic value of the option – the amount by which it is “in‑the‑money” – with a floor of zero.
For options with a residual maturity of more than six months, the strike price shall be compared with the forward price rather than the current price. If the entity cannot perform this calculation, it shall consider the option’s intrinsic value to be zero.
When it is not clear which side of a transaction constitutes the underlying – as occurs with exchange operations – the asset to be received upon exercise of the option shall be taken as the underlying. In cases where the market value of the underlying is zero – as occurs with certain interest‑rate derivatives (“caps” and “floors”) and options whose underlying asset is a swap (“swaptions”) – the notional value shall be taken.
6.6.2.2. Bought call or put option.
The capital requirement shall be the lesser of (i) the market value of the underlying multiplied by the sum of the applicable specific‑risk and general‑market‑risk requirements for the underlying, and (ii) the market value of the option.
The book value may be used in the case of options on currencies not included in the trading portfolio.
The delta‑plus method uses the sensitivity parameters or “Greek letters” associated with options to determine the delta equivalent of each position.
To the delta equivalent of the position, the standard methodology of points 6.2 to 6.4 shall be applied in order to calculate the capital requirement for general market risk for options, to which additional requirements for covering gamma risk – which measures the rate of change of the delta coefficient with respect to variations in the underlying price – and vega risk – which measures the sensitivity of the option price to changes in the volatility of the underlying price – are added.
The specific‑risk requirement shall be determined separately by multiplying the delta equivalent of each option by the specific‑risk weightings established in points 6.2 and 6.3.
6.6.3.1. The position in an option shall be the market value of the underlying multiplied by the option’s delta coefficient. The gamma and vega coefficients shall also be calculated. For the calculation, models approved by option markets authorized to operate by the CNV or proprietary pricing models shall be used. In the latter case, entities shall make available to the SEFyC both the basic elements of the calculation methodology and any other detail required according to the volume and frequency of transactions.
6.6.3.2. Delta‑weighted positions whose underlying is a debt security or interest rate shall be assigned to the time bands established in point 6.2. Two parts of the transaction shall be reported: one when the underlying contract becomes effective and one when it expires. “Caps” or “floors” shall be recorded as a combination of a variable‑rate bond and a set of European options. The provisions on netted positions of sub‑paragraph i) of point 6.2.3.5 shall apply.
6.6.3.3. In the case of equity options, each national market shall be considered a separate underlying. The delta‑weighted position shall be incorporated into the calculation described in point 6.3.
6.6.3.4. In the case of options on gold and foreign currencies, the net delta equivalent of these options shall be incorporated into the exposure in gold or the corresponding foreign currency as provided in point 6.4.
6.6.3.5. In the case of options on commodities, the delta‑weighted position shall be incorporated by the simplified method as provided in point 6.5.
6.6.3.6. The capital requirements to cover gamma and vega risks shall be calculated separately for each option position – including hedging positions – as follows:
Gamma effect for each option:
gamma effect = ½ * gamma × VU²
where:
VU shall be calculated as follows:
a) Options on interest rates whose underlying is a bond: the market value of the underlying shall be multiplied by the risk weightings established in point 6.2.2.4. When the underlying is an interest rate, a similar procedure shall be used, based on the assumptions regarding changes in yields set out in point 6.2.2.4.
b) Options on equities, stock indices, gold or foreign currencies: the market value of the underlying shall be multiplied by 8 %.
Version: 2a. COMMUNICATION “A” 6690 – Effective: 01/04/2019
For the purposes of complying with the provisions of point 1.1, integration shall be determined on a daily basis considering:
MINIMUM CAPITAL OF FINANCIAL ENTITIES
B.C.R.A.
Section 6. Minimum Capital for Market Risk Version: 2a. COMMUNICATION “A” 6690 Effective date: 01/04/2019
If acquisitions (purchases) of assets occur during the month, only the variation in the value of those assets from the time of acquisition shall be taken. In the case of sales of these assets (position closures), the resulting loss or gain between the sale price and the last price at which the position was valued must be taken into account.
If a daily integration defect occurs with respect to the market‑risk capital requirement, except for the one corresponding to the last day of the month, arising from the computation of the requirements for interest‑rate risk, exchange‑rate risk and equity risk, the financial entity must replenish capital and/or reduce its financial‑asset positions until the requirement is met, for which it will have a period of ten business days counted from the first deficiency.
Financial entities shall, at a minimum, consider the following:
MINIMUM CAPITAL OF FINANCIAL ENTITIES
B.C.R.A.
Section 6. Minimum Capital for Market Risk Version: 2a. COMMUNICATION “A” 6690 Effective date: 01/04/2019
Financial entities shall have:
Guidelines are established for the prudent valuation of positions accounted for at fair value, whether they are assigned to the trading book or the investment book. These guidelines are especially important for positions lacking market prices or observable data, as well as for less‑liquid positions that require greater care from entities. The following provisions do not modify the valuation criteria and procedures of accounting standards, but the SEFyC will assess compliance for the purpose of capital‑requirement calculation and risk management, and to determine whether adjustments to the valuation of less‑liquid positions are warranted to reflect more realistic market conditions when information is insufficient or price transparency is inadequate.
Systems and controls must assure directors and/or managers of the entity and the SEFyC that the estimated values are prudent and reliable. These systems, which must be integrated with the entity’s other risk‑management systems, shall include:
This is a process in which the accuracy of market prices or model data is periodically verified. While the personnel responsible for trading may perform daily market valuation, the verification of market prices or model data must be carried out by a unit independent of the unit responsible for the operations (“dealing room”). Such verification shall be performed at least monthly, or more frequently depending on market nature or trading activity. It need not have the same frequency as daily market valuation, since independent valuation of positions aims to reveal errors or biases in daily price determination.
MINIMUM CAPITAL OF FINANCIAL ENTITIES
B.C.R.A.
Section 6. Minimum Capital for Market Risk Version: 2a. COMMUNICATION “A” 6690 Effective date: 01/04/2019
Independent price verification requires a higher degree of precision because market prices and model data are used to determine profit and loss, whereas daily market valuation is primarily used to inform bank management between management‑reporting dates. For independent price verification, when sources are more subjective, prudent measures and valuation adjustments should be adopted.
As part of the valuation procedure, whether market or model, entities shall establish procedures to consider the need for valuation adjustments, particularly when third‑party valuations are used. At a minimum, entities shall assess whether adjustments are appropriate for credit spreads not observed, settlement costs, operational risks, early termination, investment and financing costs, future administrative costs, and, where applicable, model‑risk associated costs.
Entities must establish procedures to determine the need to adjust the current values of less‑liquid positions for regulatory‑capital purposes. This adjustment may exceed the adjustment required by accounting standards and must reflect the illiquidity of the position. The need assessment must cover all positions valued at market, whether using observable prices, third‑party valuations, or model valuations.
The current value of these positions shall be adjusted and continuously monitored for adequacy of the adjustment. For the adjustment calculation, entities must compute the prices at which they could liquidate concentrated or expired positions and any other relevant factor for less‑liquid positions – such as the time required to cover the position or the risks within it, the average spread volatility between bid and ask prices, the existence of independent quotations (number and identity of market makers), the average and volatility of traded volumes (especially in stress periods), market concentrations, the age of positions, the extent to which models are needed for valuation, and the impact of model risk.
MINIMUM CAPITAL OF FINANCIAL ENTITIES
B.C.R.A.
Section 6. Minimum Capital for Market Risk Version: 2a. COMMUNICATION “A” 6690 Effective date: 01/04/2019
For complex products, such as securitizations and credit derivatives of subsequent default, entities shall explicitly evaluate the need to adjust valuation to reflect two forms of model risk: the use of an incorrect valuation methodology and the use of non‑observable and potentially incorrect calibration parameters.
Adjustments to the current value of less‑liquid positions under point 6.10.2.2. shall be deducted from Tier 1 ordinary capital, even if they exceed the adjustments under point 6.10.1.3. and those arising from accounting standards.
Financial entities that buy and/or sell, regardless of amount, option contracts and that on any day of a month record assets (the sum of bought and sold positions of the included assets) that together exceed 25 % of the RPC recorded on the last day of the second preceding month shall define responsibilities in the handling of the risk‑management policy assumed for positions subject to the minimum capital requirement for market risk. This will entail designating persons responsible for the correct application of the established calculation methodology and the primary responsibility for adopting the necessary safeguards to keep positions covered with the required capital, especially actions aimed at regularising daily integration defects that exceed 3 % of the requirement. They shall also be responsible for providing information to the SEFyC in a timely manner according to the informational regime established for the matter.
Changes to the roster of designated responsible persons, the General Manager and the member of the Board of Directors, Administrative Council or equivalent authority to whom the function reports, must be communicated to the Superintendency within ten calendar days of occurrence.
Internal audit shall conduct an exhaustive review of the scheme adopted by the entity for measuring the market‑risk capital requirement, especially with respect to the provisions of point 6.10., recording the work programs and reports prepared on the matter. It shall also periodically monitor the correct application and any changes introduced in the measurement of that requirement.
MINIMUM CAPITAL OF FINANCIAL ENTITIES
B.C.R.A.
Section 6. Minimum Capital for Market Risk Version: 1a. COMMUNICATION “A” 6690 Effective date: 01/04/2019
| Section | Point | Paragraph | Comm. | Cap./Annex | Point | Paragraph | Observations |
|---|---|---|---|---|---|---|---|
| 1.1 | “A” | 2136 | 1. | According to Comm. “A” 2859, 3558, 5272, 5369, 5580 and 5867. | |||
| 1.2 | “A” | 2241 | CREFI‑2 | I | |||
| 1.3.1 | According to Comm. “A” 4368, 4771, 5168, 5351, 5355, 5983 and 6260. | ||||||
| 1.3 | “A” | 2136 | 2. | 1st According to Comm. “A” 2223. | |||
| 1.4.1 | “A” | 2136 | 3.1. | ||||
| “A” | 3171 | According to Comm. “A” 3959. | |||||
| i) | “A” | 2136 | 3.2. | 2nd According to Comm. “A” 3959. | |||
| ii) | “A” | 2136 | 3.2.4. | According to Comm. “A” 2241, 4771 and 6275. | |||
| 1.4.2.1. | iii) | “A” | 414 | LISOL‑1 | VI | 6.1. | 1. |
| 1.4.2.2. | “A” | 3171 | According to Comm. “A” 3959. | ||||
| 2.1 | “A” | 2136 | 1. | According to Comm. “A” 2541, 2736, 2938, 3039, 3307, 3959, 4598, 4702, 4741, 4742, 4961, 4996, 5180, 5369 (Annex I), 5580, 5867, 6128, 6260, 6327, 6639, 6663, 6690 and “B” 9745. | |||
| 2.2.1. | “A” | 2136 | I | According to Comm. “A” 2541 (annex, criteria, d, 2nd paragraph). | |||
| 2.2.2. | “A” | 2287 | 5. | According to Comm. “A” 5369 (Annex I). | |||
| 2.2.3. | “A” | 2412 | According to Comm. “A” 3959, 5369 (Annex I), 5671 and 5740. | ||||
| 2.3 | “A” | 2740 | I | 3.4. According to Comm. “A” 5369 (Annex I). | |||
| 2.3.1. | “A” | 2768 | 2. | According to Comm. “A” 2948, 3911, 3925, 3959, 4180, 5369 (Annex I), 5831 and “B” 9074. | |||
| 2.3.2. | “A” | 2227 | unique | 5.2.2. | 3rd | ||
| 2.4 | “A” | 5369 | I | ||||
| last “A” | 5580 | Includes interpretative clarification. | |||||
| 2.4.1. | “A” | 5369 | I | ||||
| 2.4.2. | “A” | 5369 | I | ||||
| 2.4.3. | 1st “A” | 5369 | I | ||||
| 2nd “A” | 5580 | According to Comm. “A” 5831. | |||||
| 2.4.4. | “A” | 5369 | I | According to Comm. “A” 5831, 6489, 6531 and 6586. | |||
| 2.5.1. | “A” | 2136 | 1.1. | According to Comm. “A” 5369 (Annex I) and 6260. | |||
| 1st “A” | 5369 | I | |||||
| 2nd “A” | 5580 | According to Comm. “A” 5831, 6327 and 6639. | |||||
| 2.5.2. | 3rd “A” | 5580 | |||||
| 2.5.3. | “A” | 5369 | I | According to Comm. “A” 5821. | |||
| 2. | |||||||
| 2.5.4. | “A” | 5369 | I | According to Comm. “A” 5580. | |||
| B.C.R.A. | ORIGIN OF THE PROVISIONS CONTAINED IN THE RULES ON “MINIMUM CAPITAL OF FINANCIAL ENTITIES” | ||||||
| 2.5.5. | “A” | 2136 | I | According to Comm. “A” 2541, annex, criteria, g), 5369 (Annex I) and 5580. | |||
| 2.5.6. | “A” | 5369 | I | ||||
| 2.5.7. | “A” | 5580 | |||||
| 2.5.8. | “A” | 5580 | |||||
| 2.5.9. | “A” | 5580 | |||||
| 2.5.10. | “A” | 5580 | |||||
| 2.5.11. | “A” | 6004 | 4. | According to Comm. “A” 6344. | |||
| 2.6. | “A” | 5369 | I | According to Comm. “A” 6260. | |||
| 2.6.1. | “A” | 5369 | I | ||||
| 2.6.1.1. | “A” | 5369 | I | ||||
| 2.6.1.2. | “A” | 5369 | I | ||||
| 2.6.1.3. | “A” | 5369 | I | According to Comm. “A” 6690. | |||
| 2.6.1.4. | “A” | 5369 | I | ||||
| 2.6.2. | “A” | 5369 | I | ||||
| 2.6.2.1. | “A” | 5369 | I | According to Comm. “A” 5580. | |||
| 2.6.2.2. | “A” | 5369 | I | According to Comm. “A” 5580 and 5831. | |||
| 2.6.2.3. | “A” | 5369 | I | According to Comm. “A” 6024 and 6221. | |||
| 2.6.2.4. | “A” | 5369 | I | According to Comm. “A” 6004. | |||
| 2.6.2.5. | “A” | 5369 | I | According to Comm. “A” 6004. | |||
| 2.6.2.6. | “A” | 6004 | 4. | ||||
| 2.6.2.7. | “A” | 5369 | I | According to Comm. “A” 6004. | |||
| 2.6.2.8. | “A” | 6270 | |||||
| 2.6.3. | “A” | 5369 | I | ||||
| 2.6.3.1. | “A” | 5369 | I | According to Comm. “A” 5831. | |||
| 2.6.3.2. | “A” | 5369 | I | According to Comm. “A” 6344. | |||
| 2.6.4. | “A” | 5369 | I | ||||
| 2.6.4.1. | “A” | 5369 | I | ||||
| 2.6.4.2. | “A” | 5369 | I | According to Comm. “A” 6004 and 6006. | |||
| 2.6.5. | “A” | 5369 | I | According to Comm. “A” 6004. | |||
| 2.6.6. | “A” | 5369 | I | According to Comm. “A” 5580. | |||
| 2.6.7. | “A” | 5369 | I | ||||
| 2.6.7.1. | “A” | 5369 | I | According to Comm. “A” 5580 and 6221. | |||
| 2.6.7.2. | “A” | 5369 | I | ||||
| 2.6.8. | “A” | 5369 | I | ||||
| 2.6.9. | “A” | 5369 | I | According to Comm. “A” 6004. | |||
| 2.6.9.1. | “A” | 5369 | I | ||||
| 2.6.9.2. | “A” | 5369 | I | ||||
| 2.6.10. | “A” | 5369 | I | ||||
| 2.6.10.1. | “A” | 5369 | I | ||||
| 2.6.10.2. | “A” | 5369 | I | ||||
| 2.6.11. | “A” | 5369 | I | ||||
| 2. | |||||||
| 2.6.11.1. | “A” | 5369 | I |
Ordered Text of Source Norm
| Section | Point | Paragraph | Comm. | Cap./Annex | Point | Paragraph | Observations |
|---|---|---|---|---|---|---|---|
| 4.3.3. | “A” 5821 | 2. | According to Comm. “A” 6147. | ||||
| 4. | |||||||
| 4.3.4. | “A” 5821 | 2. | According to Comm. “A” 6147. | ||||
| “A” 5369 II | 2° “A” 5369 | According to Comm. “A” 5580. | |||||
| 5.1. | 3° “A” 5831 | ||||||
| 5.1.1. | “A” 5369 II | According to Comm. “A” 5580 and 5867. Includes interpretative clarification. | |||||
| 5.1.2. | “A” 5369 II | According to Comm. “A” 5580 and 5867. Includes interpretative clarification. | |||||
| 5.2. | “A” 5369 II | ||||||
| 5.2.1. | “A” 5369 II | ||||||
| 5.2.1.4. | “A” 5369 II | According to Comm. “A” 5831. | |||||
| 5.2.2. | “A” 5369 II | ||||||
| 5.2.2.1. | “A” 5369 II | According to Comm. “A” 6004 and 6690. | |||||
| 5.2.2.2. | último “A” 5369 II | According to Comm. “A” 5580. | |||||
| “A” 5369 II | 6° “A” 5369 II | According to Comm. “A” 5580. | |||||
| 7° “A” 5369 II | According to Comm. “A” 5580 and 5831. | ||||||
| 5.2.3. | 8° “A” 5369 II | According to Comm. “A” 5580 and 5831. | |||||
| 5.2.3.1. | “A” 5369 II | According to Comm. “A” 5580. | |||||
| 5.2.3.2. | “A” 5369 II | According to Comm. “A” 5580 and 5831. | |||||
| 5.2.3.3. | “A” 5369 II | According to Comm. “A” 5580. | |||||
| 5.2.3.4. | “A” 5821 | 4. | |||||
| 5.3. | “A” 5369 II | ||||||
| 5.3.1. | “A” 5369 II | ||||||
| 5.3.2. | “A” 5369 II | ||||||
| 5.3.3. | “A” 5369 II | ||||||
| último “A” 5831 II | |||||||
| 5.3.3.1. | “A” 5369 II | According to Comm. “A” 5831. | |||||
| 5.3.4. | “A” 5369 II | According to Comm. “A” 6344. | |||||
| 5.3.5. | “A” 5369 II | According to Comm. “A” 5580. | |||||
| 5.3.5.1. | “A” 5369 II | According to Comm. “A” 5580. | |||||
| 5.3.5.2. | “A” 5831 | ||||||
| 5.3.5.3. | “A” 5369 II | According to Comm. “A” 5580 and 5831. | |||||
| 5.3.5.4. | “A” 5369 II | According to Comm. “A” 5580 and 5831. | |||||
| “A” 5369 II | According to Comm. “A” 5580 and 6433. | ||||||
| 2° “A” 5831 | |||||||
| 5.4. | |||||||
| 3° “A” 5831 | |||||||
| 5.5. | “A” 5831 | ||||||
| 5.6. | “A” 5831 | ||||||
| 5. | |||||||
| 5.7. | “A” 5831 | ||||||
| 6.1. | y | ||||||
| 6.2. | |||||||
| “A” 5867 | 1. According to Comm. “A” 6663 and 6690. | ||||||
| 6.2.1.2. | “A” 5867 | 1. According to Comm. “A” 6433. | |||||
| 6.3. | “A” 5867 | 1. According to Comm. “A” 6690. | |||||
| 6.4. | “A” 5867 | 1. According to Comm. “A” 6488 and 6690. | |||||
| 6. | |||||||
| 6.5. | “A” 6663 | 5. |
Minimum Capital of Financial Entities
Ordered Text of Source Norm
| Section | Point | Paragraph | Comm. | Annex | Section | Point | Paragraph | Observations |
|---|---|---|---|---|---|---|---|---|
| 6.6. | “A” 5867 | 1. According to Comm. “A” 6663 and 6690. | ||||||
| 6.7. | “A” 2461 | único III | According to Comm. “A” 3161, 4172, 5272, 5867 and 6690. | |||||
| 6.8. | a | |||||||
| 6.10. | “A” 5867 | 1. According to Comm. “A” 6690 | ||||||
| 6.11. | “A” 2461 | único VI | According to Comm. “A” 4172 and 6690. | |||||
| 6. | ||||||||
| 6.12. | “A” 5867 | 1. According to Comm. “A” 6690. | ||||||
| 7.1. | “A” 5272 | 2. According to Comm. “A” 6327. | ||||||
| 7.2. | “A” 5737 | 2. According to Comm. “A” 5746, 6260, 6475 | ||||||
| 7. | (point 4.) and 6633. | |||||||
| 7.3. | “A” 5272 | 2. According to Comm. “A” 5369, 5580, 5737 and 5867. | ||||||
| 8.1. | “A” 414 | LISOL‑1 VI 3.1. 1st | According to Comm. “A” 2279, 2453, 2793, 2914, 3039, 4172 and 5369 (Annex I). | |||||
| 8.2.1. | “A” 414 | LISOL‑1 VI 3.1.1. | According to Comm. “A” 2223, 2227, 4296, (point 2.), 4576 (point 1.), 4665, 5369 (Annex I), 6327, 6396 and 6428. | |||||
| 8.2.2. | “A” 5369 I | |||||||
| 8.2.3. | “A” 414 | LISOL‑1 VI 3.1.2. | According to Comm. “A” 2223, 2768, 2948, 4172, 4576 (point 3.), 4665, 4702, 5369 (Annex I) and “B” 9074. | |||||
| 8.3. | “A” 5369 I | |||||||
| 8.3.1. | “A” 5369 I | |||||||
| “A” 4576 | 2. According to Comm. “A” 4591 (points 2. to 5.), 4665, 4782 and 5369 (Annex I). | |||||||
| anteúltimo | “A” 5369 I | According to Comm. “A” 5831. | ||||||
| 8.3.2. | ||||||||
| último “A” 5831 | ||||||||
| 8.3.2.2. | “A” 4576 | 2. According to Comm. “A” 4665, 5369 (Annex I) and 5831. | ||||||
| 8.3.2.7. | “A” 4576 | 2. According to Comm. “A” 4591 (point 2.), 4665, 5369 (Annex I) and 5831. | ||||||
| 8.3.3. | “A” 414 | LISOL‑1 VI 3.1.2.2. | According to Comm. “A” 2264, 4172, 4576 (points 4., 5., 6. and 8.), 4665, 4782 and 5369 (Annex I). | |||||
| 8.3.4. | “A” 5369 I | |||||||
| 8.3.4.1. | “A” 5369 I | According to Comm. “A” 5831. | ||||||
| 8.3.4.4. | “A” 5369 I | According to Comm. “A” 5831. | ||||||
| 8.3.5. | “A” 5369 I | |||||||
| 8.4.1. | “A” 5369 I | |||||||
| 8.4.1.1. | “A” 4296 | 2. According to Comm. “A” 4576, 4665, 5369 (Annex I) and 6327. | ||||||
| 8.4.1.2. | “A” 2287 | 3. | ||||||
| 3.1. | y | |||||||
| 3.3. | último | According to Comm. “A” 2890, 4172, 5093, 5671 and 5740. | ||||||
| 1º “A” 2497 | 1. According to Comm. “A” 3621, 4172, 5183, 5831 and 6628. | |||||||
| 8. | ||||||||
| 8.4.1.3. | último “A” 2263 | 2. According to Comm. “A” 4172 and 6327. |
In the global foreign‑currency position, the total of assets, liabilities, commitments and other instruments and operations conducted through financial intermediation in foreign currency or linked to exchange‑rate movements shall be considered, including spot, forward and other derivative contracts, foreign‑currency deposits in accounts opened at the Central Bank of the Argentine Republic (BCRA), gold positions, the BCRA’s monetary‑regulation instruments in foreign currency, subordinated foreign‑currency debt and foreign‑currency debt‑representative instruments.
Operations settled by netting (difference) without delivery of the underlying asset, entered into under a framework agreement in markets authorized by the National Securities Commission (CNV), shall also be counted.
Certificates of participation or debt securities issued by financial trusts and credit rights concerning ordinary trusts shall be included proportionally when their underlying consists of foreign‑currency assets.
The amount of the net position of operations with commodities as defined in points 3.6 and 6.1.3 of the rules on “Spot transactions to settle and forward, repos, securities lending, other derivatives and mutual funds” shall be computed within the global net foreign‑currency position. All opposite‑sign positions must be netted regardless of product, maturity or lack of legal contractual set‑off.
The value of the position in currencies other than the United States dollar shall be expressed in that currency, applying the respective exchange rate published by the BCRA.
1.2.1. Assets deductible for determining the computable patrimonial responsibility (RPC).
1.2.2. The included concepts recorded by the financial entity in its overseas branches.
Version: 5a. COMMUNICATION “A” 6690
Effective: 01/04/2019
| Section | Point | Paragraph | Comm. | Annex | Section | Point | Paragraph | Observations |
|---|---|---|---|---|---|---|---|---|
| 1.1. | “A” 3889 | 1. According to Comm. “A” 4135, 4140, 4150, 4577, 6396 and 6663. | ||||||
| 1.2. | “A” 4350 | 2. According to Comm. “A” 5834, 5847 and 5851. | ||||||
| 1.2.1. | “A” 4350 | 2. | ||||||
| 1.2.2. | “A” 5847 | 1. According to Comm. “A” 5851. | ||||||
| 2.1. | “A” 3889 | 1. According to Comm. “A” 4577, 4598, 5834, 5851, 6128, 6233 and 6507. Includes interpretative clarification. | ||||||
| 2.2. | “A” 3889 | 1. According to Comm. “A” 4350, 4598, 5536, 5611, 5627, 5834, 5851, 5891, 5917, 5935, 5997, 6128, 6233, 6501, 6507 and 6526. | ||||||
| 3.1. | “A” 3889 | 1. According to Comm. “A” 4350, 5356, 5550, 6091 and 6638. | ||||||
| 3.2. | “A” 5550 | 2. | ||||||
| 4. | “A” 6526 | 7. |
Origin of the Provisions Contained in the Rules on “Global Net Foreign‑Currency Position”
Foreign‑credit lines received for settling operations processed through the Euroclear and Clearstream securities‑clearing systems.
Financial entities that comply with the provisions of point 2.1.2 of the rules on “Credit Evaluations”.
Cash and securities, except those counted for the minimum cash requirement.
Derivative transactions that are:
2.2.1.1. Conducted in domestic markets that meet point 2.2.3 of the “Credit Evaluations” rules or in institutionalised markets of OECD member countries that satisfy point 3.2 of the “Credit Evaluations” rules – requiring an international “investment‑grade” risk rating – and are formally authorised for such purposes, according to the margin requirements established therein.
Additionally, the following must be verified:
2.2.1.2. Outside institutionalised foreign markets (“over‑the‑counter”), under the following conditions:
Impact of Assets Used as Collateral
B.C.R.A. – Section 2. General Authorisations
Version: 9a. COMMUNICATION “A” 6690
Effective: 4/5/2019
i) The contract must assess the establishment of initial margins and provide for daily variation‑margin integration (“mark‑to‑market”). ii) The collateral margins considered for each operation must not exceed 20 % of the transaction value. iii) The counter‑party must:
a) Be a foreign bank that complies with point 3.1 of the “Credit Evaluations” rules, requiring an international “investment‑grade” risk rating. b) Be subject to internationally accepted anti‑money‑laundering and counter‑terrorist‑financing standards, as defined by the Financial Action Task Force (FATF‑GAFI). c) Be domiciled, or have its parent or controlling entity domiciled, in a country that is a member of the Basel Committee on Banking Supervision.
Local financial entities subject to the limits set out in point 3.2.
Cash and securities, except those counted for the minimum cash requirement.
Passive‑repo operations involving the following assets:
Impact of Assets Used as Collateral
B.C.R.A. – Section 2. General Authorisations
Version: 9a. COMMUNICATION “A” 6690
Effective: 4/5/2019
| Section | Point | Paragraph | Comm. | Annex | Point | Paragraph | Observations |
|---|---|---|---|---|---|---|---|
| 1.1. | “A” 2802 | 1.1. According to art. 28, inc. b), of Law 21.526. | |||||
| 1.2. | “A” 2774 I | 6. Includes interpretative clarification. | |||||
| 1.3. | “A” 2802 | 1.3. Incorporates criteria not previously disclosed generally. According to Comm. “A” 4817, 4888, 5691, 5740 and 6327. Includes interpretative clarification. | |||||
| 2.1. | “A” 2281 | According to Comm. “A” 2753. | |||||
| 2.1.1. | “A” 2281 | According to Comm. “A” 2753, 2832 and 5183. | |||||
| 2.1.2. | “A” 2281 | According to Comm. “A” 2753, 5671 and 5740. | |||||
| 2.1.3. | “A” 2281 | According to Comm. “A” 2753, 3274 and 3558. Includes interpretative clarification. | |||||
| 2.2. | “A” 2774 II | ||||||
| 2.2.1. | “A” 2774 II | According to Comm. “A” 4132, 5671, 5740, 6038, 6074 and 6690. Includes interpretative clarification. | |||||
| 2.2.2. | “A” 2774 II | According to Comm. “A” 5671 and 6061. | |||||
| 2.2.3. | “A” 2774 II | According to Comm. “A” 3274 and 3558. Includes interpretative clarification. | |||||
| 2.3. | “A” 2774 I | 1., 2., 3. and 5. According to Comm. “A” 3258. | |||||
| 2.3.1. | “A” 2774 I | 1. According to Comm. “A” 3258, 4876, 5691 and 6327. | |||||
| 2.3.2. | “A” 2774 I | 1. and 2. According to Comm. “A” 5671. | |||||
| 2.3.3. | “A” 2774 I | 2. According to Comm. “A” 5671 and 5740. | |||||
| 2.3.4. | “A” 2774 I | 2. and 5. According to Comm. “A” 3258, 5691 and 6327. | |||||
| 2.3.5. | “A” 2774 I | 3. | |||||
| 2.3.6. | “A” 2774 I | 5. | |||||
| 2.4. | “A” 4817 | 7. According to Comm. “A” 4888. | |||||
| 2.4.1. | “A” 4817 | 7. According to Comm. “A” 5671. | |||||
| 2.4.2. | “A” 4817 | 7. According to Comm. “A” 4831, 5671, 5740 and 6232. Includes interpretative clarification. | |||||
| 2.4.3. | “A” 4817 | 7. According to Comm. “A” 4831 and 4888. | |||||
| 2.4.4. | “A” 4817 | 7. | |||||
| 2.4.5. | “A” 4817 | 7. | |||||
| 2.5. | “A” 4972 | 7. According to Comm. “A” 5520 and 6639. |
Origin of the Provisions Contained in the Rules on “Impact of Assets Used as Collateral”
When ordered by the Superintendent of Financial and Exchange Entities based on a presumption of violation of rules that could lead to monetary sanctions, in accordance with article 41 of the Financial Entities Law, the authorities listed in points 1.1 and 1.2 must provide a performance guarantee. Persons who have left the financial entity by the time the guarantee becomes enforceable are also covered. The guarantee must be maintained for three years after the actions that triggered the sanctions conclude.
The guarantee may consist of:
The guarantee amount for each person shall be set in the resolution ordering its provision, but shall not be less than $50,000 (fifty thousand pesos) and must be presented within ten calendar days from the notification date of that resolution.
Failure to constitute the guarantees as stipulated, in the amounts and terms established, shall result in the persons covered ceasing their respective functions within 72 hours after the deadline expires.
B.C.R.A. – Section 5. Performance Guarantee
Version: 2a. COMMUNICATION “A” 6690
Effective: 4/5/2019
| Section | Point | Paragraph | Comm. | Annex | Cap. | Section | Point | Paragraph | Observations |
|---|---|---|---|---|---|---|---|---|---|
| 3.1.3. | 1° “A” 3700 I | 1. According to Comm. “A” 5785 and 6304. | |||||||
| 3.1.3.1. | “A” 3700 I | 1. According to Comm. “A” 5785 and 5803. | |||||||
| 3.1.3.2. | “A” 3700 I | 1. According to Comm. “A” 5345, 5785 and 5803. | |||||||
| “A” 2241 I | 1. 1.2.2.6. | ||||||||
| 1.2.2.7. | |||||||||
| 3.1.4. | “A” 3700 | 1. According to Comm. “A” 5248, 5485, 5785, 5803, 6111, 6290 and 6304. Includes interpretative clarification. | |||||||
| 3.1.5. | “A” 3700 | According to Comm. “A” 5785, 6111 and 6304. Includes interpretative clarification. | |||||||
| 3.1.6. | “A” 3700 I | 1. According to Comm. “A” 4490, 5345, 5785, 5803 and 6111. | |||||||
| 3.1.7. | “A” 4490 | According to Comm. “A” 5785. | |||||||
| 3.2. | “A” 5785 | ||||||||
| 3.3. | “A” 3135 | 3° According to Comm. “A” 4499, 5785 and 6304. | |||||||
| 3.4. | “A” 5785 | único | |||||||
| 3.5. | “A” 5485 | 7. According to Comm. “A” 5785 and 6304. | |||||||
| 3.6. | “A” 6304 | 2. | |||||||
| 1° “A” 5106 | According to Comm. “A” 6475. | ||||||||
| 2° “A” 5106 | According to Comm. “A” 6475. | ||||||||
| 4.1. | “A” 5106 | 1. | |||||||
| 4.1.1. | 1° “A” 5106 | 1. According to Comm. “A” 6475. | |||||||
| 2° “A” 5106 | 1. According to Comm. “A” 6475. | ||||||||
| 3° “A” 5106 | |||||||||
| 4° “A” 6475 | único 1. | ||||||||
| 4.1.2. | 5° “A” 6475 | único 1. | |||||||
| 4.2. | “A” 5106 | 1. According to Comm. “A” 6475. | |||||||
| 4.2.1. | “A” 5106 | 1. According to Comm. “A” 6475. | |||||||
| 4.2.2. | “A” 5106 | 1. According to Comm. “A” 6475. | |||||||
| 4.3. | “A” 5106 | 1. According to Comm. “A” 6475. | |||||||
| 4.4. | “A” 5106 | 1. | |||||||
| 4.5. | “A” 6475 | único 1. | |||||||
| “A” 5106 | According to Comm. “A” 6475. | ||||||||
| 4. | |||||||||
| 4.6. | último “A” 5106 | 1. According to Comm. “A” 6475. | |||||||
| 5.1. | “A” 2282 | 1. | |||||||
| 5.2. | “A” 2282 | 1. | |||||||
| 5.2.1. | “A” 2282 | 1. | |||||||
| 5.2.2. | “A” 2282 | 1. | |||||||
| 5.2.3. | “A” 2282 | 1. According to Comm. “A” 5671 and 6690. | |||||||
| 5. | |||||||||
| 5.2. | últimos “A” 2282 | 1. | |||||||
| 6. | |||||||||
| 6.1. | “A” 5485 | According to Comm. “A” 5785, 5803, 6111 and 6304. Includes interpretative clarification. |
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