Rule · SBS · 20 Dec 2017 · Resolución SBS 4906-2017

Market Risk Management Regulation (SBS Resolution No. 4906-2017)

Companies must conduct market risk management proportionate to their size, complexity, risk appetite, profile, capital strength and systemic importance. Boards must approve market risk policies, appetite and limits, and Market Risk Committees, if created, must meet monthly with at least three members, one a non-executive director. The Market Risk Unit must be independent, measure risk, run stress tests and backtesting, and monitor limits. Transfers between trading and banking books require approval and are prohibited for regulatory arbitrage.

PeruSuperintendencia de Banca Seguros y AFP
Annotations and obligations
195 obligations · 3 permissions · 57 definitions
  • Obligation 195
  • Permission 3
  • Definition / condition 57
  • background, boilerplate

Lineage: Amended

A newer document in RegAlert amends this one; it applies as amended.

amendssupersedesissued underrefers todashed card: not in RegAlert (or proposed)arrows run from the older text to the one that changes it
The links and the sentences they come from (3)
Supersedes
  • “the Superintendency issued the Market Risk Supervision Regulation approved by SBS Resolution No. 509-98”

  • Foreign Exchange Risk Administration Regulation approved by SBS Resolution No. 1455-2003Not in RegAlert

    “the Foreign Exchange Risk Administration Regulation approved by SBS Resolution No. 1455-2003”

Amended by
Mentions (7): 6 documents this one mentions and 1 document that mentions it, without changing it
Refers to
Referred to by
Common references

What changed in the obligations

Against Resolution No. 0509-98: Regulation for the Supervision of Market Risks (1998-05-22)

150 new obligations · 2 changed obligations · 1 change of scope · 3 changes of who is bound · 24 not carried over

17 obligations are the same in both texts.

Changed (6)
  • Who is bound
    Before
    The functions of the Risk Committee may be assumed by the Executive Committee, the Asset and Liability Committee or any other Committee that meets the characteristics established in the last paragraph of Article 6.
    Now
    As long as the creation of said Committee is not provided for, the Risk Committee or the Board of Directors is responsible for and assumes the functions detailed in this regulation.
  • Who is bound
    Before
    The Committee shall have as members, at least, a director, the general manager and the head of the Risk Unit.
    Now
    The Committee must be composed of at least three (3) members, one of whom must be a member of the Board of Directors who does not hold an executive position in the company, who shall preside over it.
  • What must be done
    Before
    The Risk Committee shall be responsible for designing and establishing the policies and procedures for the identification and management of market risks; this function includes the establishment of exposure limits to which positions subject to market risks are subject.
    Now
    The Market Risk Committee must assume the following functions: a) Propose to the Board of Directors the policies and procedures for market risk management.
  • Who is bound
    Before
    The Risk Unit of the company shall be responsible, among others, for verifying compliance with the policies and procedures established by the Risk Committee.
    Now
    The functions of the Market Risk Unit are: d) Evaluate compliance with the policies and procedures for market risk management.
  • Scope
    Before
    The Risk Committee of the companies must establish internal limits per exposure to market risks of positions in all kinds of temporary or negotiable financial investments, including those in derivative financial instruments.
    Now
    The Market Risk Committee is responsible for establishing internal limits to control exposure to market risk.
  • What must be done
    Before
    Such manuals must be available to the Superintendency.
    Now
    Such manuals must be updated periodically, and must be available to the Superintendency.
New in this text (150)
  • Companies must carry out adequate market risk management, in accordance with the size and complexity of their operations and services, their risk appetite and capacity, their risk profile, capital strength, systemic importance, macroeconomic situation and the risk of a substantial deterioration in market liquidity; taking into account the criteria established in this Regulation.
  • To this end, and in compliance with the provisions of this regulation and other related ones, it is the responsibility of the Board of Directors: b) To approve the levels of appetite for market risk based on the company's strategy.
  • To this end, and in compliance with the provisions of this regulation and other related ones, it is the responsibility of the Board of Directors: c) To establish and periodically review the organizational structure necessary for market risk management.
  • To this end, and in compliance with the provisions of this regulation and other related ones, it is the responsibility of the Board of Directors: d) To allocate the necessary resources for adequate market risk management.
  • To this end, and in compliance with the provisions of this regulation and other related ones, it is the responsibility of the Board of Directors: e) To establish an adequate system of delegation and segregation of functions for market risk management.
  • To this end, and in compliance with the provisions of this regulation and other related ones, it is the responsibility of the Board of Directors: g) To know the exposure to market risk.
  • To this end, and in compliance with the provisions of this regulation and other related ones, it is the responsibility of the Board of Directors: h) To review the market risk management policy, based on changes in the entity's risk profile, and on events that affect the macroeconomic situation of the markets where it operates.
  • To this end, and in compliance with the provisions of this regulation and other related ones, it is the responsibility of the Board of Directors: i) To approve the procedures for dealing with excesses over internal limits.
  • To this end, and in compliance with the provisions of this regulation and other related ones, it is the responsibility of the Board of Directors: j) To require the execution of market risk stress tests and backtesting, and to take note of the results of such tests, if applicable.
  • To this end, and in compliance with the provisions of this regulation and other related ones, it is the responsibility of the Board of Directors: k) To ensure that the company has effective market risk management, and that the main identified risks are under control within the established limits.
  • To this end, and in compliance with the provisions of this regulation and other related ones, it is the responsibility of the Board of Directors: l) To order the necessary measures for compliance with the provisions contained in this Regulation.
  • It is the responsibility of Management to implement market risk management in accordance with the provisions approved by the Board of Directors or, if applicable, by the Risk Committee or Market Risk Committee.
  • The managers of the various units are responsible for ensuring consistency between operations and the market risk limits applicable to their area of action, as well as assuming responsibility before the immediately superior manager, with respect to the results of the market risk management corresponding to their unit.
  • In accordance with the provisions of the Corporate Governance and Comprehensive Risk Management Regulation, the Board of Directors may create a Market Risk Committee.
  • If the Market Risk Committee has been created, it must meet at least once a month, and all resolutions adopted must be recorded in minutes, which shall be available to this Superintendency.
  • Furthermore, it must approve a Regulation for the fulfillment of its functions, in accordance with article 10 of the Corporate Governance and Comprehensive Risk Management Regulation.
  • The Market Risk Committee must assume the following functions: b) Propose to the Board of Directors the market risk appetite that the company is willing to assume.
  • The Market Risk Committee must assume the following functions: c) Approve the internal market risk limits and the indicators to be used to measure the entity's risk profile.
  • The Market Risk Committee must assume the following functions: e) Approve the manuals for market risk management.
  • The Market Risk Committee must assume the following functions: f) Approve the methodologies, models, parameters and scenarios for the measurement and control of market risk.
  • The Market Risk Committee must assume the following functions: g) Establish the procedures for the control of excesses over internal limits.
  • The Market Risk Committee must assume the following functions: h) Require the implementation of corrective actions proposed by the Market Risk Unit.
  • The Market Risk Committee must assume the following functions: i) Review the results of the market risk stress tests, and the results of the backtesting, if applicable.
  • The Market Risk Committee must assume the following functions: j) Monitor compliance with the policies and procedures for market risk management.
  • The Market Risk Committee must assume the following functions: k) Review the feasibility and results of the market risk contingency plan, if applicable.
  • The Market Risk Committee must assume the following functions: l) Approve modifications to the valuation models and market risk measurement models.
  • In accordance with the provisions of the Corporate Governance and Comprehensive Risk Management Regulation, companies may have a unit specialized in market risk management.
  • As long as the creation of a Market Risk Unit is not provided for, the Risk Unit, or whoever performs this function, is responsible for and assumes the functions detailed in this regulation.
  • The functions of the Market Risk Unit are: a) Propose the policies and procedures for market risk management.
  • The functions of the Market Risk Unit are: b) Seek the alignment of market risk management policies with the company's risk appetite and capacity levels.
  • The functions of the Market Risk Unit are: c) Measure the market risk to which the company is exposed.
  • The functions of the Market Risk Unit are: h) Recommend, based on the results of the stress tests, the necessary corrective actions.
  • The functions of the Market Risk Unit are: i) Monitor exposures to market risk and compliance with regulatory limits and internal limits.
  • The functions of the Market Risk Unit are: j) Verify that the calculation of the effective equity requirement for market risk complies with the applicable provisions.
  • The functions of the Market Risk Unit are: k) Analyze the impact that market risk has on the sufficiency of effective equity.
  • The functions of the Market Risk Unit are: l) Report to the Risk Committee on market risk exposures and compliance with policies and procedures, among others, in accordance with the provisions of article 20 of this Regulation.
  • The company must ensure that the responsibilities of the recording unit are in charge of personnel independent from the unit that originates the positions involving market risk.
  • Where applicable, such personnel must comply with the provisions of the Requirements on Ethical Conduct and Professional Competence.
  • Likewise, the company must establish internal systems that facilitate the timely reporting and investigation of unauthorized, illicit, fraudulent activities and other questionable practices, in accordance with the provisions of the Corporate Governance and Comprehensive Risk Management Regulation.
  • The remuneration system for personnel involved in market risk management must not encourage inappropriate risk-taking, in accordance with the provisions of the Corporate Governance and Comprehensive Risk Management Regulation.
  • Likewise, the Market Risk Committee is responsible for monitoring compliance with such policies and procedures.
  • Such policies are aimed at safeguarding the company's solvency at all times, and must be established in accordance with the size and complexity of its operations, risk appetite, risk capacity, level of risk faced, capital solvency and systemic importance.
  • Likewise, they must be in accordance with the provisions established in this Regulation.
  • These internal limits must be consistent with the size, complexity of operations, risk appetite, level of risk faced, capital solvency and systemic importance of the company.
  • Early warning levels must be incorporated to avoid exceeding internal or regulatory limits.
  • The internal market risk limits shall be established by: c) Levels of autonomy for carrying out operations, taking into account global amounts, amounts per client, maximum amount per operator or per type of position.
  • The Market Risk Unit is responsible for the ongoing assessment of compliance with internal and regulatory limits, and must report the monitoring performed to the Market Risk Committee.
  • In the event that non-compliances associated with human errors, process failures, information systems and/or external events are identified, these must be reported to the unit and/or committee specialized in their management.
  • The Market Risk Committee must establish procedures for controlling excesses over internal limits, defining those responsible for granting the corresponding authorizations, as well as the means by which such excesses will be authorized and reported, and the unit responsible for documenting the authorizations.
  • In addition, said Committee must establish mechanisms to reduce the possibility of losses arising from unauthorized practices or operations and/or those exceeding internal limits.
  • The company must have market risk management manuals that include at least the following: a) Policies and procedures
  • The company must have market risk management manuals that include at least the following: b) Internal and regulatory limits
  • The company must have market risk management manuals that include at least the following: c) Functions and responsibilities of the units involved in market risk management.
  • The company must have market risk management manuals that include at least the following: d) Internal procedures and valuation models
  • The company must have market risk management manuals that include at least the following: e) Methodologies and models for measuring market risk
  • The company must have market risk management manuals that include at least the following: f) Models for stress testing simulation and backtesting, where applicable.
  • Modifications to internal limits, methodologies and market risk measurement models must be aligned with the company's risk appetite and risk capacity.
  • The Market Risk Unit is responsible for identifying, measuring, controlling and reporting the market risk generated by the introduction of new products, and by significant changes in the business environment that may have a material impact on the company's risk profile.
  • The aforementioned work must be carried out in accordance with the established policies and procedures, as well as with the requirements of the Corporate Governance and Comprehensive Risk Management Regulation and Circular No. G-165-2012 regarding the Risk Report for new products or significant changes in the business, operational or information technology environment.
  • The valuation of positions subject to market risk must follow the guidelines set forth in the Investment Regulation and the Derivatives Regulation.

The first 60 of 150 are shown.

Not carried over (24)
  • Companies must adequately identify and manage the market risks they face.
  • This responsibility includes compliance with the provisions contained in this Regulation.
  • For the identification, management and capital allocation of market risks, companies must comply with the following minimum requirements: b) Risk committee.
  • For the identification, management and capital allocation of market risks, companies must comply with the following minimum requirements: c) Risk unit.
  • For the identification, management and capital allocation of market risks, companies must comply with the following minimum requirements: d) Policy and procedure manuals.
  • For the identification, management and capital allocation of market risks, companies must comply with the following minimum requirements: f) Reports and submission of information.
  • For the identification, management and capital allocation of market risks, companies must comply with the following minimum requirements: g) Methods for measuring market risks and complementary analyses.
  • h) Mark-to-market registration.
  • i) Limits per exposure to market risks.
  • k) Allocation of effective capital.
  • Article 8.- Policy and procedure manual.
  • Likewise, the Risk Unit must have policy and procedure manuals that include the mechanisms used by the company for proper identification and management of market risks.
  • Article 11.- Mark-to-market registration.
  • Companies must register, daily and at market value, positions in all kinds of temporary or negotiable financial investments, in derivative financial instruments and others subject to market risks.
  • In the event that during a certain period of time a position cannot be registered at its market value, an approximate market value must be used.
  • These records must be duly documented and available to this Superintendency.
  • The Risk Committee must establish policies and contingencies for the results of the back-testing and worst-case scenario analyses.
  • The Internal Audit Unit must evaluate compliance with the policies and procedures established by the company for carrying out operations subject to market risk, with the policies and procedures established by the Risk Committee for the identification and management of the market risks faced by the company, as well as with the provisions of this Regulation.
  • Such evaluation must be included in the permanent activities of the Annual Internal Audit Plan and must produce the reports and recommendations derived from said evaluation.
  • External Auditors shall include in their annual opinions an opinion on the reasonableness of the financial registration of operations subject to market risk and shall determine whether said registration adequately reflects the market risks faced by the company.
  • In the rating process, risk rating agencies must evaluate the market risks faced by companies as well as the mechanisms implemented for the identification and management of such risks.
  • To carry out operations with derivative financial instruments, companies must follow the procedures established in Article 283 and in the last paragraph of numeral 3 of Article 290 of the General Law, as applicable.
  • The application submitted to this Superintendency must refer, at least, to the implementation of the requirements established in Chapter II of this Regulation and numeral 2 of Article 223 of the General Law, and attach a certified copy of the resolution of the Board of Directors or equivalent body.
  • Companies may enter into agreements among themselves to establish minimum conditions for the contracts they use when carrying out operations with derivative financial instruments.

“Not carried over” means the sentence has no counterpart in this text; the rule can still be in force in another text.

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