Rule · BCRA · 3 Sep 1997 · A 2586
Financial entities must observe guidelines for first-degree pledge loans on 0 km light motor vehicles granted from 1.1.98. Loans are capped at 5 years with semi-annual maximum periodicity. Entities must verify applicant eligibility, income, and credit reports, and require life and damage insurance policies rated "A" by recognized agencies. Pledges must secure automobiles or utility vehicles up to 1,500 Kg. Entities must maintain credit and legal folders, implement independent quality control, and manage collections and arrears in accordance with the Origination and Administration Manual.
COMMUNICATION "A" 2586 03/09/97
TO FINANCIAL ENTITIES:
Ref.: Circular OPRAC 1 - 409. LISOL 1 - 162. Pledge Loans on Motor Vehicles
We address you to inform you that this Institution adopted the following resolution:
"1. Establish that, with effect for financings granted to individuals from 1.1.98 and when they involve first-degree pledge loans on 0 km light motor vehicles for private, commercial, or rental use, financial entities must observe the guidelines provided in the Origination and Administration Manual attached to this resolution.
Such origination and administration safeguards must be observed regarding pledge credits with the same destination that entities acquire from non-financial private sector individuals from 1.1.98.
For the calculation of the periodic installment, in the case that the French amortization system is agreed upon in said loans, the formula defined in Section 10 of the consolidated text of the norms on minimum liquidity requirements will be employed.
We point out to you that the preparation of the aforementioned manual, which provides a global framework for the standardization of information, has been achieved through consensus between the associations that group financial intermediaries and this Institution.
In that sense, we express to you that the concerns and doubts that may arise regarding aspects not specifically detailed or provided for in said manuals must be resolved by the financial entities themselves, based on their experience in the credit activity, without prejudice to the controls that the Superintendence of Financial and Exchange Entities may subsequently carry out.
Finally, we inform you that we will timely send you the minimum guidelines for the motor vehicle pledge credit contract.
We greet you very attentively.
BANCO CENTRAL DE LA REPÚBLICA ARGENTINA
Juan Carlos Isi Alfredo A. Besio
Submanager of Standards for Financial Entities Manager of Standards for Financial Entities
ANEXO
B.C.R.A. STANDARDIZATION OF PLEDGE LOANS
ON MOTOR VEHICLES
ANEXO
TO
COMM."A"2586
ORIGINATION AND ADMINISTRATION MANUAL
FOR PLEDGE LOANS ON MOTOR VEHICLES
Introduction and Objectives
This Manual establishes a set of guidelines, practices, and procedures that financial entities must follow in the origination and administration of loans to individuals, with first-degree pledge guarantee on new automobiles or light utility vehicles.
For the purposes of this document, those loans that meet the characteristics detailed below will be called "Motor Vehicle Pledge Loans."
This Manual is organized into four sections:
I. Characteristics and Guidelines for the Granting of Motor Vehicle Pledge Loans
II. Origination of Motor Vehicle Pledge Loans
III. Administration Procedures
IV. Information Systems
Section I develops the general concepts related to the granting of Motor Vehicle Pledge Loans, such as the characteristics of Applicants and loan modalities. In Section II, the different steps and procedures for origination, from the loan application to its granting, are detailed. Section III deals with aspects related to the administration of Loans, that is, once they have been originated and instrumented. Finally, Section IV specifies the information and statistics requirements that entities must maintain regarding the portfolio.
The Origination and Administration Manual must be available to Applicants at the entities.
Section I. Characteristics and Guidelines for the Granting of Motor Vehicle Pledge Loans
Debtor, Co-debtor, and Guarantor Requirements
The following enumeration of requirements is applicable to the Debtor, Co-debtor(s), and Guarantor(s) of a Motor Vehicle Pledge Loan, who collectively are referred to as "Applicants."
The debtor is understood to be the credit taker. In the case of more than one debtor, all collectively will be called co-debtors. Co-debtors must assume their obligation jointly and severally.
The requirements that Applicants must meet are:
(a) Be natural persons, of legal age or civilly emancipated and authorized to conduct commerce.
(b) Be fully authorized to conduct financial transactions, that is, not be disqualified for any reason by a competent authority.
(c) There must be no pending litigation or judicial causes, which in the entity's opinion are significant, against any of the Applicants.
(d) There is no maximum age limit, except that arising from life insurance requirements.
(e) Applicants must meet the requirements demanded by life insurance.
(f) As a general criterion, they should not have negative commercial or credit records, unless in the opinion of the financial entity they are not relevant.
Destination of the Motor Vehicle Pledge Loan
To be considered a Motor Vehicle Pledge Loan, the destination of the funds must be one of the following or a combination thereof:
(a) acquisition of new motor vehicles for private use; (b) acquisition of new motor vehicles for rental; (c) acquisition of new motor vehicles for other commercial use; (d) refinancing of loans whose destination was the acquisition of new motor vehicles for private use; (e) refinancing of loans whose destination was the acquisition of new motor vehicles for rental; (f) refinancing of loans whose destination was the acquisition of new motor vehicles for other commercial use.
A new motor vehicle is understood to be the unit that has not been registered for patent purposes up to the moment.
In the case of refinancing, the maximum amount will be the capital balance of the loan being refinanced plus refinancing costs, if any. In the case of being a higher amount, it will be considered as destination (a) or (b), as applicable. Refinancing implies that the existing loan is cancelled and a new one is created.
Types of Motor Vehicle Pledge Loans
Motor Vehicle Pledge Loans may be granted in pesos or foreign currency under any of the following typologies:
(a) French System at fixed rate (according to Section 10 of the consolidated text of the norms on minimum liquidity requirements.) (b) French System at variable rate.
(c) German System at fixed rate.
(d) German System at variable rate.
(e) Other amortization systems.
French System is that which has fixed and equal periodic installments of capital and interest, with the capital portion increasing and interest decreasing. German System is that with decreasing periodic installments, with the capital portion fixed and the interest portion decreasing.
The installment periodicity cannot be greater than semi-annual. In all cases, interest will be calculated on the basis of a year of 12 months of 30 days each.
Rates will be fixed or variable according to what is provided in Communications "A" 2147 and 2390. Motor Vehicle Pledge Loans at variable rates may include an agreement on a maximum ("cap") or a minimum ("floor") or both ("collar") on the interest rate accruing on the loan.
Term
Loans will be granted, at most, for 5 years.
Computable Income of Applicants
These are the demonstrable, usual, and permanent income of the Applicants. The following will be considered as computable income of the Applicants:
Employees in Dependent Relationship
Salary and Complementary Annual Salary
Commissions (Monthly average of the last twelve months) Bonuses (monthly average of the last two years) Income from rents (monthly average of the last two years)
Entities must verify the employment of Applicants during the last year preceding the pledge application.
Self-Employed Workers
Income arising from Tax Returns filed with the DGI Certification of Income by Public Accountant and its signature certified by the Professional Council of Economic Sciences Income from rents (monthly average of the last two years)
Applicants must present the supporting documentation for declared income in accordance with current regulations.
Income from rents will be demonstrated by the corresponding Sworn Declaration to the General Directorate of Taxation.
Entities may use another definition of computable income, in which case they will also obtain a modified version of the ratios defined later in this manual. Nevertheless, they cannot thereby cease to calculate and register the standard concepts as defined by this manual.
Installment / Income Ratio
This is the percentage relationship that exists between the total amount of the Motor Vehicle Pledge Loan installment -including all concepts of capital, interest, expenses, commissions, insurance premiums, and taxes- and the computable income of the Applicants.
For calculation purposes, the installment amount will be monthlyized when the payment periodicity is bimonthly, quarterly, etc. Similarly, computable income with a periodicity other than monthly will be treated in the same way.
The calculation of computable income will be the sum of net income (after taxes and other legal deductions).
In the case of self-employed workers, special attention must be paid to computing the Applicant's income and not the income of the activity performed by the Applicant. For example, if the Applicant is a partner in a company that operates a business, the Tax Returns or Accountant's Certification of the Applicant must be considered, not those corresponding to the business.
To compute net income, amounts paid by the Applicant for national, provincial, or municipal taxes levied on declared income, as well as social security contributions, must be deducted.
For the calculation of the total installment of the Motor Vehicle Pledge Loan, in addition to adding the amounts corresponding to capital, interest, expenses, commissions, insurance premiums, and taxes, the following guidelines must be followed:
(a) In the French System at fixed rate, the installment will be calculated using said rate.
(b) In the French System at variable rate, the installment will be calculated with the initial rate increased by 25% (for example, if the initial rate is 10%, 12.50% will be used). If a maximum rate is established, that maximum rate will be used. (c) In the German System at fixed rate, the average of the installments corresponding to the first 25% of the loan term will be used. (d) In the German System at variable rate, the average of the installments corresponding to the first 25% of the loan term will be used, calculated with the initial rate increased by 25% (for example, if the initial rate is 10%, 12.50% will be used). If a maximum rate is established, that maximum rate will be used. (e) When other amortization systems are used, the financial entity will use the methodology it deems appropriate, which must be justified and reflected in the information systems. Similar criteria to those described in points (a) to (d) above will be used, to the extent applicable.
In all cases, the formula to be used for the calculation of the ratio, expressed as a percentage, will be:
Total Installment
Computable Income
X 100
Loan Amount / Asset Value Ratio
This is the percentage relationship that exists between the agreed loan amount and the value of the motor vehicle as it arises from the original cash sales invoice, issued by the seller or from the price lists of terminals/importers and/or specialized publications, whichever is lower.
The formula to be used for the calculation of the ratio, expressed as a percentage, will be:
Loan Amount
Value of the motor vehicle
X 100
Total Installments / Income Ratio
This is defined as the percentage relationship, on the computable income of the Applicants, of the sum of periodic payments or installments that Applicants are obligated to pay for financial debts, for example: mortgages, personal loans, motor vehicles, or credit cards. Payments include capital, interest, expenses, commissions, premiums, and taxes.
For credit cards or purchases, it is suggested to take 10% of the average balance of the last 10 months.
The calculation formula will be:
Total Installments
Computable Income
X 100
Characteristics of Equity
For the purposes of evaluating the solvency degree of Applicants, not only the composition of their equity must be considered, but also the declared debts and payment commitments arising from them.
The basic information to consider comprises the composition of equity and banking and commercial data.
The result of said analysis must be reflected in the Approval and Analysis Form.
Prepayments
Motor Vehicle Pledge Loans will always be fully prepayable, under certain established conditions (penalties, expenses). Regarding partial prepayments, Motor Vehicle Pledge Loans may be:
(a) not partially prepayable.
(b) partially prepayable under certain established conditions (penalties, expenses).
Prepayment may apply to (i) reduction of terms maintaining the installment; or (ii) reduction of installment maintaining the terms; or (iii) a combination of the above.
Information systems must register the allowed prepayment modality.
Life Insurance
It is a requirement that at least one of the Applicants is covered by a life insurance that meets, at minimum, the following conditions:
(a) That it covers the Applicant for the entire life of the Motor Vehicle Pledge Loan.
(b) That the covered amount is equal to the unpaid balance at all times of the Motor Vehicle Pledge Loan and that in case of claim it is cancelatory thereof.
(c) That the policy is issued or endorsable in favor of the financial entity or whoever in the future turns out to be the creditor of the Motor Vehicle Pledge Loan.
(d) That it is issued by:
In the case of more than one Applicant, any of the following alternatives may be used:
(a) At least one of the Applicants will be insured for the entire unpaid balance of the Motor Vehicle Pledge Loan.
(b) Each Applicant will be insured for a portion of the unpaid balance based on their contribution to the computable income of the group.
In addition to life coverage, coverage for disability or unemployment may be obtained, following the guidelines established above.
Motor Vehicle Damage Insurance
It is a requirement that the motor vehicle is covered by a damage insurance that meets, at minimum, the following characteristics:
(a) That it covers the motor vehicle for the entire life of the Motor Vehicle Pledge Loan against risks of theft, burglary, fire, civil liability, and total and partial destruction. (b) That the covered amount is equal to the unpaid balance at all times of the Motor Vehicle Pledge Loan and that in case of claim it is cancelatory thereof if the destruction is total.
In the case of partial destructions, it may be accepted that the indemnification is destined to the repair of the motor vehicle.
(c) That the policy is issued or endorsable in favor of the financial entity or whoever in the future turns out to be the creditor of the Motor Vehicle Pledge Loan.
(d) That it is issued by:
Pledge Guarantee
Motor Vehicle Pledge Loans must be guaranteed with a first-degree pledge of privilege on automobiles or utility vehicles of up to 1,500 Kg of load, according to the form usable for this purpose and the approved contract model.
Section II. Origination of Motor Vehicle Pledge Loans
Origination Process
The Origination Process of Motor Vehicle Pledge Loans can be summarized as follows:
(i) Submission by Applicants of the Loan Application.
(ii) Obtaining Commercial Reports.
(iii) Credit Verification and Analysis - Credit Approval.
(iv) Instrumentation and Disbursement.
In this Section, each step of the Origination process will be analyzed.
Loan Application
Applicants must complete and sign an application that must contain at minimum the information described in the form added as Annex I to this Section.
Applicants must present all necessary supporting documentation to verify its content. This will comprise, at minimum, the following elements:
Commercial Reports
The financial entity must request a commercial or credit report for each Applicant from a reputable information company, in the opinion of the originating financial entity. This requirement may be exempted if the entity has the client's historical information that provides sufficient background.
As a general principle, Applicants with negative records will not be accepted, unless in the opinion of the financial entity such records lack current relevance, either due to the time elapsed or their characteristics.
Credit Verifications - Approval
The financial entity must evaluate the current and potential economic/financial capacity of Applicants to generate resources that allow them to meet credit commitments in a timely manner. It will be an attempt to evaluate both the intention and the capacity to pay of Applicants.
The financial entity must verify the following circumstances:
(a) That Applicants meet the established requirements.
(b) That computable income has been verified with the presented documentation.
(c) That commercial reports are satisfactory.
(d) That own credit guidelines are satisfied.
Such verification will be recorded in an approval and analysis form that, at minimum, contains the information contained in Annex II to this Section.
Credit File (attached to the Client file established by Communication "A" 2216) After completing the previous steps, a Credit File will be created which will contain at minimum (in the same order and clearly distinguishing the sections):
1st Section - Credit application (one for each holder).
5a Section – Any other documentation that the financial entity deems appropriate.
The copy of all detailed documentation must be cross‑checked with the corresponding originals.
A model pledge credit contract must be delivered to the Applicant at the time of notifying them of the acceptance of the credit grant.
No expense not provided for in the pledge credit contract may be charged to the debtor in relation to the pledge loan.
After the credit analysis, the loan grant approved by the financial entity and the conditions accepted by the Applicants, the Motor Vehicle Pledge Loan shall be instrumented and disbursed using the established model contract, whose content must be interpreted as the minimum text accepted by the Central Bank.
After disbursement, a legal folder must be created (it may also be a section of the credit file) that contains, at a minimum, the following documentation:
The annexes to the Client File may be physically separated provided the provisions of Communication "A" 2216 are complied with.
It shall be the obligation of each financial entity to implement a neutral and independent control system for the origination procedures, which may be carried out jointly with Internal Audit by personnel who do not participate in the origination, approval or administration functions of Motor Vehicle Pledge Loans.
The purpose of quality control is to ensure that the established procedures have been correctly applied and that originated loans meet the pertinent requirements and approvals. The quality‑control system must provide for:
a) detection of discrepancies between actual procedures and those established, and b) rapid corrective measures.
Quality control must include the review of a statistically reliable sample of loans, the size of which shall be a function of the total volume of Motor Vehicle Pledge Loans.
Within the sample, the following must be performed:
Quality control must be constant and permanent, with a review level that ensures statistical reliability of the sample.
Once the Motor Vehicle Pledge Loan has been disbursed, the originating financial entity becomes the administrator of the loan. The main functions of the administrator may be summarized as follows:
The administrator shall keep an Administration Folder in which to store:
The administrator shall carry out the following activities:
In addition, the administrator must at minimum:
To ensure proper follow‑up and regularization of delays, the administrator shall consider the following general guidelines:
The schedule below contains guidelines that the administrator may and must adapt to the particular circumstances of each case, including modifications to terms and conditions, delay‑regularization agreements, forgiveness of punitive interest and other usual practices.
If the activities aimed at regularizing the default do not produce results, or if particular circumstances indicate that regularization efforts will be futile, the administrator shall initiate pledge execution proceedings.
The legal regime governing registered pledges (Decree‑Law 15.348/46 and complementary regulations) applies.
Recommended administrator activities include:
The proceeds of the execution shall be applied to payment of the amounts owed under the loan, the expenses and fees incurred during the execution, and any remaining balance shall be returned to the debtor.
Given the volume of information, it is strictly necessary that it be managed in an electronic manner. Each entity may use the systems it deems most convenient, provided they allow the data to be easily transferred to a magnetic medium in "text", "ASCII" or high‑compatibility database format.
For each loan there are two types of information:
Each financial entity may develop its database in the manner it considers most convenient as long as the requirements set out in this Manual are met. The fields detailed in this section as "Installment Information", together with the fields appearing in the attached forms Annexes I and II, are the minimum that such databases must contain, although each entity may add additional fields as it sees fit.
The financial entity shall develop supporting documentation for the databases, including definitions of each field and the codes used.
The installment database must contain the development of all installments that correspond to the loan in question, each installment being a record in the database. For each record the following fields must be included:
| Field | Description |
|---|---|
| Loan Identification Number | Unique identifier of the loan. |
| Installment Number | The number of the installment. |
| Due Date | The installment’s scheduled due date. |
| Installment Amount | Indicate principal, interest, expenses, premiums, taxes and other charges, both itemized and totalized. |
| Current Interest Rate | Indicate the annual nominal rate applied for the calculation of the installment. |
| Amount Paid | Indicate the amount paid by the debtor. |
| Payment Date | Indicate the actual date the payment was made by the debtor. |
| Capital Balance | Indicate the capital balance after the installment has been applied. |
| Remaining Term (months) | This field must reflect the updated remaining term, expressed in months. |
| Terms Modification | Indicate whether the original terms were modified after grant. |
| Next Installment Amount | Indicate principal, interest, expenses, premiums, taxes and other charges, both itemized and totalized, of the next installment due. |
| Current Loan Status | Indicate whether the loan is in normal status, delayed up to 30 days, delayed 31‑60 days, delayed over 60 days, in execution, or cancelled. |
| Delinquency History | Indicate the number of times delays of up to 30 days, 31‑60 days and over 60 days have occurred. |
| Pre‑Cancelled Amount | Indicate the amounts of principal pre‑cancelled by the debtor between the day after the previous installment and this one. |
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