2011-07-13
The Bank of Angola issued Notice No. 06/2011 to adjust the fixed asset limit for supervised financial institutions, capping net investments at 100% of Regulatory Own Funds. Institutions exceeding this limit face branch-opening restrictions and must submit a regularization plan within 30 days, with execution not exceeding six months. Non-compliance triggers sanctions under the Financial Institutions Law and repeals conflicting provisions, specifically Notice No. 07/2007.
NOTICE NO. 06/2011
of July 13
Whereas it is necessary to adjust the regulations regarding the fixed asset limit for financial institutions established by Notice No. 07/2007 of September 12;
In accordance with the combined provisions of items d) and e) of Article 21 of Law No. 16/10, dated July 15 (Bank of Angola Law) and Article 77 of Law No. 13/05, dated September 30 (Financial Institutions Law);
In the exercise of the authority conferred upon me by Article 51 of the Bank of Angola Law;
I HEREBY DETERMINE:
Article 1.
(Subject Matter)
This Notice regulates the fixed asset limit for financial institutions under the supervision of the Bank of Angola.
Article 2.
(Acquisition of Real Estate)
Financial institutions may not acquire real estate that is not indispensable to their premises and operations or to the pursuit of their corporate purpose.
Article 3.
(Fixed Assets)
The total resources invested in fixed assets, net of depreciation and amortization, and after deducting financial participations, may not exceed 100% (One hundred percent) of the value of Regulatory Own Funds (ROF).
The limit established in this article must be observed by financial institutions, based on individual and consolidated financial statements.
Article 4.
(Restrictions for Non-Compliance)
A financial institution or group that exceeds its respective fixed asset limit shall be subject to the following restrictions, without prejudice to other applicable penalties:
a) Prohibition on opening new branches; b) Other restrictions, as determined by the Bank of Angola.
Article 5.
(Regularization Plan)
Article 6.
(Inclusion or Exclusion of Permanent Investments)
CONTINUATION OF NOTICE NO. 06/2011
Article 7.
(Sanctions)
The financial institution or group is subject to the sanctions provided for in the Financial Institutions Law in case of non-compliance with the required fixed asset limit and failure to meet the requirements established in this Notice.
Article 8.
(Repealing Provision)
All regulations contrary to this Notice are hereby repealed, specifically Notice No. 07/2007 of September 12.
Article 9.
(Entry into Force)
This Notice enters into force immediately.
PUBLISHED:
Luanda, July 13, 2011
THE GOVERNOR
JOSÉ DE LIMA MASSANO