Rule · BCRA · 11 May 2007 · A 4665
The circular revises the calculation of computable patrimonial responsibility for financial entities, establishing the formula RPC = PNb + PNc – Cd and setting minimum capital ratios of 30% until 31‑12‑2008, 25% until 31‑12‑2010, 20% until 31‑12‑2012 and 15% from 01‑01‑2013. It defines detailed requirements for debt‑representative instruments, including authorization, term, reserve fund limits (up to 10% of issuance), payment restrictions, and prohibitions on purchasing own or other entities’ emissions. Additional provisions cover reserve fund treatment, treatment of unpaid services, and conditions for early redemption and conversion, all effective from 01‑10‑2006.
CENTRAL BANK OF THE ARGENTINE REPUBLIC
COMMUNICATION “A” 4665 11/05/2007
TO FINANCIAL ENTITIES:
Reference: Circular
LISOL 1 - 470
OPRAC 1 - 604
Minimum capital of financial entities. Credit policy. Classification of debtors. Update.
We address you to send the attached pages, which, in replacement of those previously provided, must be incorporated into the ordered texts of the reference for the purpose of their update.
Also, it is reminded that on the Institution’s website www.bcra.gov.ar, accessing “normativa” (“ordered texts”), the modifications made will be found with texts highlighted in special characters (strikethrough and bold).
We greet you very attentively.
CENTRAL BANK OF THE ARGENTINE REPUBLIC
Darío C. Stefanelli – Issuance Manager of Standards José I. Rutman – Deputy General Manager of Standards
The patrimonial responsibility computable of financial entities, for the purposes of the regulatory rules of the prescriptions of articles 30 and 32 of the Financial Entities Law and other provisions of the Central Bank of the Argentine Republic that refer to that concept, shall arise from the following expression:
```
RPC = PNb + PNc – Cd
```
Where:
It includes the following items of net equity:
In addition, the following amounts will be computed off‑balance‑sheet – according to the provision in sub‑paragraph xiii) of point 7.2.2.1 – the respective reserve funds that are effectively applied to the payment of financial services, in case of insufficiency of distributable results according to the established procedure, provided that their maturities occur before 31‑12‑2012.
The remaining reserve fund will also be computed from that date.
The total of this concept will be subject to not exceeding, over the basic net equity – items 7.2.1.1 to 7.2.1.7 – the percentages detailed below:
MINIMUM CAPITAL OF FINANCIAL ENTITIES
B.C.R.A.
Section 7. Computable patrimonial responsibility. Version: 6a. COMMUNICATION “A” 4665 Effective: 01/10/2006
In consolidation cases, also include:
7.2.1.7. Third‑party participation.
Balances arising from the application of the presumed minimum profit tax – net of devaluation risk provisions – that exceed 10 % of the amount resulting from the sum of the concepts contained in points 7.2.1.1 to 7.2.1.7 or 10 % of the computable patrimonial responsibility of the previous month, whichever is lower, will be deducted.
For their computation in the computable patrimonial responsibility they must be fully subscribed and integrated and observe the following requirements:
The reserve destined for the payment of financial services whose maturity occurs in the period from the issuance date of the debt instrument up to the day before the second shareholders’ meeting or equivalent corporate body after the issuance must be constituted with cleaned undistributed results based on the accounting statements considered at the first shareholders’ meeting or equivalent corporate body held after the issuance.
If the remuneration is subject to a fixed rate, the reserve will include the yields to be paid. If it is subject to a variable rate or exchange‑rate variations, the reserve must be constituted applying the rate or exchange rate in force at the moment of its constitution, which may be higher to consider a possible increase in projected services.
Financial services will accrue monthly. The total accrued amount may not exceed the aforementioned reserve, except in the following cases:
In no case will payment of financial services be admitted while the entity:
For instruments that contemplate the accumulation of unpaid services, financial services may not be paid unless there is a balance in the respective reserve.
These amounts may be used for the payment of financial services that mature up to 31‑12‑2012 when cleaned undistributed results are not available according to the specific procedure for the payment of financial services provided in Section 3 of the “Distribution of Results” rules.
This reserve fund will be part of the liability, without prejudice to its off‑balance‑sheet computation as computable patrimonial responsibility according to sub‑paragraph iii), item a), of point 7.2.2.4.
In case of bankruptcy, this fund will be subject to the collection precedence provided in sub‑paragraph ix).
Computation as computable patrimonial responsibility will only be admitted if prior authorization to the issuance is obtained from the Superintendency of Financial and Currency Entities, whose intervention will aim to verify compliance with the enumerated requirements and, in particular, that the entity meets the minimum capital requirement.
The documentation delivered to subscribers must expressly state that the mentioned authorization is granted solely for the purpose of computing the respective instrument in the computable patrimonial responsibility of the issuing entity.
The Superintendency shall issue the authorization within 30 business days counted from the date it considers the submission of information and other pertinent elements related to the authorization request to be complete.
Financial entities may not purchase for later re‑placement their own emissions of debt‑representative instruments that have been or are considered for the determination of computable patrimonial responsibility.
They may also not acquire emissions issued by other financial entities.
If placement is at par: For the determination of computable patrimonial responsibility, the amount actually received will be taken into account, i.e., after deducting issuance discounts; commissions retained by the intervening placement agent are not considered discounts.
Instruments issued in foreign currency: They will always be computed at the peso value according to the exchange rate on the placement date.
Reserve fund:
a) Amounts of these funds that are effectively applied to the payment of financial services before 31‑12‑2012 will be computed off‑balance‑sheet, to the extent that there are not sufficient distributable results according to the determination made under the specific procedure in Section 3 of the “Distribution of Results” rules.
From that date, amounts that have not been used may also be computed as basic net equity, provided the limits set in point 7.2.1.6 are not exceeded; any excess may be computed, if applicable, as complementary net equity.
b) Before 31‑12‑2012, the remaining reserve fund cannot be computed for the purpose of determining computable patrimonial responsibility.
c) If applicable according to a), this fund will be computed at the peso value of the services cancelled with attribution to its use.
As complementary net equity:
a) Debt‑representative instruments and the amounts of their respective reserve funds – applied to financial services before 31‑12‑2012 and, from that date, also the amounts not used – to the extent they exceed the limits set in point 7.2.1.6.
b) Debt‑representative instruments with a residual term of less than 10 years.
c) Debt‑representative instruments when unpaid financial services are cumulative.
Starting from the beginning of each of the last five years of life of each issuance, the computable amount will be reduced by 20 % of the nominal value issued.
The total of debt‑representative instruments and their respective reserve funds computed as complementary net equity, together with debt securities contractually subordinated to other liabilities, may not exceed 50 % of the basic net equity.
The mere lack of payment of any non‑exigible service – due to the absence of positive cleaned undistributed results or reserve fund – will not be considered a cause for revocation of the authorization to operate as a financial entity, provided that:
The reserve will be written‑off with a counterpart in cleaned undistributed results at the time of each accrual and/or the payment of financial services, whichever occurs first. If a balance remains in the reserve, it must be reversed before the next shareholders’ meeting.
It comprises the positive or negative result of the algebraic sum of the following concepts:
For the purpose of computing 100 % of the results recorded up to the last quarterly or annual balance, the respective accounting statement with the auditor’s report must be presented by the date the monthly balance is obligatorily submitted.
Debt securities or other obligations of the entity, contractually subordinated to other liabilities, that are admitted for computation in order to determine computable patrimonial responsibility, must have authorizations both for public offering and for quotation on stock exchanges or self‑regulated markets of the country or abroad (for issuances after 30‑09‑2006) and must observe the following requirements:
The weighted average life at issuance must not be less than 5 years.
The weighted average life is calculated by dividing by 365 the sum of the days between the issuance date and the maturity date of each capital amortization service, multiplied by the proportion that each service represents of the total instrument, considered at its nominal value.
If the interests foreseen in the issuance are, at the discretion of the Superintendency of Financial and Currency Entities, markedly higher than those usually established in similar issuances, the “duration” method will be used to determine the average life. This method weights the number of days between issuance and each future service’s maturity (capital and interest) by the economic value proportion of each service relative to the instrument’s economic value, using the net present value of future cash flows discounted at the internal rate of return.
Early redemption of the obligation, if foreseen, may only be exercised at the debtor’s option provided that:
a) prior authorization from the Superintendency of Financial and Currency Entities is obtained before exercising the option, and b) the computable patrimonial responsibility after redemption remains equal to or greater than the minimum capital requirement.
Conversion into shares of the issuer, if foreseen, may be carried out according to the contractual terms, under any of the following possibilities:
a) only at the debtor’s option, b) only at the creditor’s option, or c) at the option of either party, indistinctly.
The instrument must not contain clauses that declare the obligation to be due in case of non‑payment of amortization or interest services or other debts for any reason, except bankruptcy.
The instrument must provide that, in case of bankruptcy of the entity and once all debts to non‑subordinated creditors are satisfied, the holders will have precedence only over shareholders – regardless of share class – with an explicit waiver of any general or special privilege.
Additionally, it will be established that such distribution will be made among all subordinated debts proportionally to the verified liabilities.
They may have an interest coupon linked to the results of the financial entity.
Starting from the beginning of each of the last five years of life of each issuance, the computable amount will be reduced by 20 % of the nominal value issued net of amortizations actually performed.
In no case may the computable amount at the start of each of those periods be greater than the result of applying that percentage cumulatively to the residual obligation at the end of each year, according to the capital amortization service schedule.
Version: 2a. COMMUNICATION “A” 4665
Effective Date: 01/10/2006
The total of this concept, together with debt representative instruments and their respective reserve funds counted as complementary net equity, may reach up to the equivalent of 50 % of basic net equity.
If the placement is made at par, for the determination of computable patrimonial responsibility the amount actually received will be taken into account, i.e., after deducting issuance discounts; commissions retained by the intervening placement agent are not considered such discounts.
Subordinated debt issued in foreign currency from 01‑Oct‑2006 will be computed at all times at the peso value using the exchange rate applicable on the placement date. The computable amount will be reduced proportionally to the amortizations that are actually carried out.
The computation as complementary net equity will only be admitted if prior authorization from the Superintendence of Financial and Currency Entities is obtained, whose intervention will be aimed at verifying compliance with the enumerated requirements and, in particular, that the entity meets the minimum capital requirement.
If the Superintendence does not expressly issue the authorization within 30 calendar days counted from the date of submission by the entity, the authorization shall be deemed granted.
The mere failure to pay any of the amortization or interest services on subordinated debts shall not be considered a cause for revocation of the authorization to operate as a financial entity, provided that:
Non‑compliance with these requirements by the entity will not entail any liability for the Central Bank of the Argentine Republic; this must be expressly stated in offering prospectuses and in the issued instrument.
Financial entities may not purchase for later re‑allocation their own subordinated debt emissions that have been or are considered for the determination of computable patrimonial responsibility.
They also may not acquire, from 01‑Oct‑2006, emissions made by other financial entities.
A debt is considered subordinated with respect to other liabilities when, under equal conditions regarding possible privileges or among unsecured creditors, the creditor of that debt agrees to grant pre‑ference in the collection of the claim, in case of the debtor’s bankruptcy, to the other liabilities under equal conditions. In the regulated case, this characteristic implies the situation described in point 7.2.4.1.v) above.
The deduction will be made based on the largest balance in each bank recorded during the month to which the computable patrimonial responsibility determination applies.
For this purpose, balances in correspondent accounts and other sight‑deposits shall not be deducted when they relate to:
a) the head office of local branches of foreign banks or their subsidiaries in other countries, insofar as the head office is subject to consolidated supervision;
b) foreign banks or other financial institutions subject to consolidated supervision that control locally incorporated financial entities organized as corporations;
c) other foreign banks authorized to intervene in reciprocal payment and credit agreement regimes to which the Central Bank of the Argentine Republic has adhered, as well as their branches and subsidiaries, even when they are not included in those regimes, provided that the head office or controlling banking entity is subject to consolidated supervision regimes satisfactory to the Superintendence of Financial and Currency Entities;
d) branches and subsidiaries of local financial entities subject to the consolidated supervision regime;
e) balances that, transitorily and circumstantially, arise from client operations, such as those linked to foreign trade operations or other types of credit ordered by third parties that do not entail patrimonial responsibility for the entity.
Notwithstanding the provisions of this point, financial entities must open, for each of their foreign correspondents, a file containing the information and other elements that allow identification, rating, credit limits and any other data linked to that relationship.
i) Central Bank of the Argentine Republic, for operations channeled through the Central Registry and Settlement of Public Liabilities and Financial Trusts ("CRYL");
ii) Caja de Valores S.A.;
iii) Cedel, Euroclear and Depositary Trust Company (DTC);
iv) Deutsche Bank, New York.
If deductible assets are maintained under this provision, the entity must note the existence of such concepts in the notes to the quarterly and annual financial statements, quantifying the amount that is not admitted for the purpose of determining computable patrimonial responsibility.
The deduction will be made for the amount of the largest balance recorded during the month to which the computable patrimonial responsibility determination applies.
The deduction will be made for the amount of the largest balance recorded during the month to which the computable patrimonial responsibility determination applies.
i) depreciation risk provisions, and
ii) when the participating entity is controlled and the 50 % of its earnings rule in point 7.2.3.4 applies proportionally to the participation.
i) depreciation risk provisions, and
ii) when the participating entity is controlled and the 50 % of its earnings rule in point 7.2.3.4 applies proportionally to the participation.
The deduction shall be equivalent to 100 % of the value of such assets from their incorporation into equity until the month preceding the regularisation of that situation.
The Superintendence of Financial and Currency Entities may order exclusions in this matter, provided they do not distort the purpose of the deduction.
The impact on computable patrimonial responsibility resulting from the application of the foregoing shall determine the obligation to verify the classification of the various rules that use the cited responsibility as a basis, from the month the request takes effect, and, where applicable, the resulting charges must be entered within 10 business days from the notification date. If entry occurs after the deadline, the corresponding late‑payment interest shall be payable.
i) Financial assistance through leasing of durable capital goods and real estate, acquired for that purpose ("leasing") or on credit arising from sales ("factoring");
ii) Transitory acquisition of participations in companies to facilitate their development, with the aim of later selling the holdings. Granting financing and advisory services in planning and management to those companies.
The computation shall be made net of depreciation risk provisions.
The deduction shall be made for the amount that exceeds the maximum admissible holding limit.
For all regulations related to capital, its integration and increase, including those concerning regularisation and restructuring plans, and without prejudice to point 1.1 of Section 1 of Chapter V of Circular CREFI‑2 (text according to Communication “A” 4510) regarding the negotiation of shares or irrevocable contributions for future capital increases, contributions must be made in cash.
Exceptionally, with prior authorization from the Superintendence of Financial and Currency Entities, contributions may be admitted in:
In cases covered by points 7.3.1 and 7.3.2, contributions shall be recorded at market value. An instrument is considered to have market value when it has a regular quotation on domestic or foreign regulated exchanges, with relevant transactions such that its eventual liquidation would not significantly distort its quotation.
For point 7.3.3, contributions shall be recorded at market value (as defined above) or, when the financial entity conducts a public offering of its shares, at the price set by the competent supervisory authority of the corresponding market. Contributions of this type shall not be admitted when the aforementioned conditions are not met.
Effective Date: 11‑May‑2007
When deposits and other obligations arising from the financial intermediation of the financial entity – including subordinated obligations – do not have authorization to be traded on regulated secondary markets, contributions shall be admitted at book value (capital, interest, adjustments, foreign‑exchange quotation differences and, where applicable, issuance discounts), in accordance with the regulations of the Central Bank of the Argentine Republic.
In no case may debt capitalisation limit or suspend the preferential right established in article 194 of the Commercial Companies Law, and therefore the provisions of article 197 of that law shall not apply.
The decision to capitalise the concepts indicated in points 7.3.1 to 7.3.3 by the Assembly (or equivalent authority) shall be ad referendum of its approval by the Superintendence of Financial and Currency Entities or, where appropriate, by the Central Bank of the Argentine Republic – as provided in point 1.1 of Section 1 of Chapter V of Circular CREFI‑2 – a circumstance that must be disclosed in the notes to the financial statements of the subsequent periods (quarterly or annual, as appropriate), under the terms set by the Superintendence of Financial and Currency Entities.
Until the approval of the contributions is notified and insofar as they have been accounted for, they shall be deducted from the computable patrimonial responsibility of the financial entity. When the accounted contributions arise from the capitalisation of subordinated debt or debt‑representative instruments that may be considered – wholly or partially – as part of the computable patrimonial responsibility, the treatment applicable to liabilities shall be maintained.
The request for authorization of capital contributions involving the instruments referred to in points 7.3.1 to 7.3.3 must be accompanied by a copy of the Assembly (or equivalent authority) minutes certified by a public notary, indicating that decision, and, for its adoption, the Assembly must have at its disposal the special external auditor report required for cases where the contribution includes the debt instruments mentioned in the following paragraph.
When the capital contributions referred to in point 7.3.3 are involved, the debt instruments must be recorded in the last annual or quarterly balance sheet, as appropriate, immediately prior to the date of convening the relevant Assembly. That financial statement must include the external auditor’s intervention as required for each case according to the applicable auditing standards and must have been previously submitted to this Institution, accompanied by a special auditor’s report prepared in the terms specifically established in the Minimum Standards on External Audits issued by the Superintendence of Financial and Currency Entities.
```
CAPITALES MÍNIMOS DE LAS ENTIDADES FINANCIERAS TEXTO ORDENADO NORMA DE ORIGEN Sección Punto Párrafo Com.
Cap./
Anexo
Punto Párrafo
Observaciones
5.
5.6. “A” 2922 I Modificado por Com. “B” 6523 y “A”
4172. Punto 5.6.4.5. modif. por
Com. “A” 3274, “A” 3959, “A” 4180 y “A” 4543.
6.1. y
6.2.
“A” 2461 único I. y II. Según Com. “A” 4172.
6.3. y
6.4.
“A” 2461 único I. y II. Según Com. “A” 3959 y “A” 4172.
6.5. “A” 2461 único I. y II. Modificado por las Com. “A” 2736,
2768, 2948, 3959 y 4172. El punto
6.5.2. incluye aclaración interpretativa.
6.6. “A” 2461 único III. Según Com. “A” 3161 y “A” 4172.
6.7. “A” 2461 único VI. Según Com. “A” 4172.
6.
6.8. “A” 2461 único VII. Según Com. “A” 4172.
7.1. “A” 414
LISOL-1
VI 3.1. 1º Según Com. “A” 2279, (mod. por las Com. “A” 2453, 2793, 2914, 3039 y 4172).
7.2.1. “A” 414
LISOL-1
VI 3.1.1. Según Com. “A” 2223 (modificado por la Com. “A” 2227 y “A” 4296, punto 2.), 4576 (punto 1.) y 4665.
7.2.2. “A” 4576 2. Según Com. “A” 4591 (puntos 2.,3.,
4. y 5.) y 4665 -el punto 7.2.2.5.
incluye aclaración interpretativa-.
7.2.3. “A” 414
LISOL-1
VI 3.1.2. Según Com. “A” 2223. Modificado por las Com. “A” 2768, 2948, 4172, 4576 (punto 3.) y 4665.
7.2.4. 1º “A” 414
LISOL-1
VI 3.1.2.2. Según Com. “A” 2264, 4172 y 4576
(punto 4.).
7.2.4.1. y
7.2.4.2.
“A” 414
LISOL-1
VI 3.1.2.2. Según Com. “A” 2264, 4172 y 4576
(puntos 5. y 6.).
7.2.4.3. y
7.2.4.4.
“A” 414
LISOL-1
VI 3.1.2.2. Según Com. “A” 2264 y 4172. En el segundo párrafo del punto 7.2.4.3. incorpora aclaración interpretativa.
7.2.4.5. “A” 2264 2. Según Com. “A” 4172 y 4576 (punto 8.).
7.2.4.6. “A” 414
LISOL-1
VI 3.1.2.2. Según Com. “A” 2264, 4172 y
4665.
7.2.5.1. “A” 2287 3.1. y
3.3.
Según Com. “A” 2890 y 4172.
“A” 2287 3. último Según Com. “A” 4172.
7.2.5.2. 1º “A” 2497 1. Según Com. “A” 3621 y 4172.
último “A” 2263 2. Según Com. “A” 4172.
1ºy
último
“A” 2287 3.2. Según Com. “A” 4172.
7.
7.2.5.3.
2º “A” 2474 Normas de procedimiento sobre exigencia e integración de capitales mínimos (punto 3.2.7). Modificado por Com.“A” 4172.
CAPITALES MÍNIMOS DE LAS ENTIDADES FINANCIERAS TEXTO ORDENADO NORMA DE ORIGEN Sección Punto Párrafo Com.
Cap./
Anexo
Punto Párrafo
Observaciones
7.2.5.4. “A” 2264 1. Según Com. “A” 4172 y 4576
(punto 7.).
7.2.5.5. “A” 414
LISOL-1
VI 3.2. Según Com. “A” 4172, 4539 y
4665.
“A” 1215 Especificaciones de las partidas de participaciones en entidades financieras no deducibles para determinar la responsabilidad patrimonial computable. Según Com. “A” 4172.
7.2.5.6. “A” 414
LISOL-1
VI 3.2. Según Com. “A” 4172, 4539 y
4665.
7.2.5.7. “A” 2863 3. Según Com. “A” 4172.
7.2.5.8. “A” 414
LISOL-1
VI 3.2. Según Com. “A” 4172.
7.2.5.9. “A” 2730 Incorpora aclaración interpretativa. Según Com. “A” 4172.
7.2.5.10. “A” 2545 Según Com. “A” 4172.
7.2.5.11. “A” 414
LISOL-1
VI 3.2. Modificado por la Com. “A” 986 y
“A” 4172.
7.2.5.12. “A” 414
LISOL-1
VI 3.2. Según Com. “A” 4172.
7.2.5.13. “A” 2287 4. Según Com. “A” 4172.
“A” 2607 1. Según Com. “A” 4172.
7.2.5.14. “A” 2893 1. Según Com. “A” 4172.
7.2.5.15. “A” 3087 Según Com. “A” 4172.
7.2.5.16. “A” 3918 Según Com. “A” 4172.
7.3. “A” 414
LISOL-1
VI 3.4. Según Com. “A” 1858, 4172,
4631 y 4652.
7.
7.4. “A” 4652 2.
8.1. “A” 2227 único 5.2.1. último Según Com. “A” 2649 y “A” 4172.
8.2. 1º “A” 2227 único 5.1.1. y
5.1.7.
Según Com. “A” 2649 y “A” 4172.
“A” 2227 único 5.2.2. Según Com. “A” 4172.
8.
8.2. último “A” 2461 único V. Según Com. “A” 4172.
9.1. “A” 3959 Según Com. “A” 4172.
9.2. “A” 3959 Según Com. “A” 4172.
9.3. “A” 3985 Según Com. “A” 4172.
9.4. “A” 3985 Según Com. “A” 4172.
9.5. “A” 3986 2. y 4. Según Com. “A” 4172 y “A” 4270.
9.6. “A” 3986 3. y 4. Según Com. “A” 4172.
9.
9.7. “A” 4238 2. Según Com. “A” 4368.
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The loan capacity of foreign‑currency deposits must be applied, in the corresponding funding currency, indiscriminately, to the following destinations:
Version: 4a. COMMUNICATION “A” 4665
Effective date: 28/09/2006
Credit Policy
B.C.R.A.
Financial entities may attribute inter‑financial loans to these resources if they identify and report that circumstance to the borrowers.
For the granting of such financings, regardless of the source of resources applied, financial entities must verify that clients have sufficient repayment capacity, which will be measured taking into account at least two scenarios in which significant exchange‑rate variations of different magnitudes are contemplated over a term of up to one year, and in both cases exceed the latest available estimate on the matter arising from the Market Expectations Survey ("REM") published by this Institution.
The financing agreed and the maturities established must be related to the projected cash‑flow in the currency of loan grant, except in the cases provided for in point 2.1.5.
Loans granted must be settled in the Single and Free Foreign Exchange Market.
Financings for the destinations established in point 2.1 may be attributed to the loan capacity of foreign‑currency deposits when transferred by other financial entities, provided the assignors have complied with the requirements set out in points 2.2 and 2.3.
Financings to debtors classified in the “unrecoverable” category and recorded in order‑account balances, according to the rules on “Minimum provisions for uncollectibility risk”, may not be attributed to the loan capacity of foreign‑currency deposits.
| Text Ordered | Norm of Origin | Observations |
|---|---|---|
| 1.1. “A” 49 | OPRAC‑1 | I 1.1. |
| 1.2. “A” 4311 | Includes concept according to points 6. and 7.5. of Comm. “A” 2736. | |
| 1. | ||
| 1.3. “A” 49 | OPRAC‑1 | I 1.2. |
| 2.1. “A” 3528 | 1. According to Comm. “A” 4147, Annex. | |
| 2.1.1. 1º “A” 3528 | 1.1. According to Comm. “A” 4015, 4311 and 4423. | |
| 2.1.2. “A” 4015 | 1.2. Includes interpretative clarification. | |
| 2.1.3. “A” 4015 | 1.3. | |
| 2.1.4. “A” 4423 | ||
| 2.1.5 “A” 4453 | According to Comm. “A” 4577. | |
| 2.1.6. “A” 4011 | 1.4. 1st According to Comm. “A” 4015 and 4311. | |
| 2.1.7. “A” 4168 | 1. According to Comm. “A” 4465. | |
| 2.1.8. “A” 4015 | 1.4. last According to Comm. “A” 4311. | |
| 2.1.9. “A” 3528 | 1.2. According to Comm. “A” 4140 and 4311. | |
| 2.2. “A” 4015 | 1. 2nd According to Comm. “A” 4311, 4453 and 4577. | |
| 2.3. “A” 4015 | 1. 3rd | |
| 2.4. “A” 4311 | ||
| 2.5. “A” 4311 | ||
| 1st “A” 3528 | 1. 2nd According to Comm. “A” 4015 and 4147. | |
| 2.6. “A” 4159 | 2nd and last | |
| 3.1. 5th and last | ||
| Section 3 of the informational regime on minimum cash and resource application | Includes interpretative clarification. | |
| 2.7. “A” 3528 | 1. 3rd According to Comm. “A” 4015, 4140 and 4549. | |
| 3. 3.1. “A” 4140 II | 1. 2nd | |
| 3.2. “A” 4311 | Includes concept according to points 6. and 7.5. of Comm. “A” 2736. | |
| 4. 4.1. “A” 4311 | ||
| 5.1. “A” 4311 | ||
| 5.2. “A” 4311 | 1st “A” 2736 6. Includes interpretative clarification. | |
| 5. | ||
| 5.3. last “A” 4311 | ||
| 6. 6.1. “A” 4311 | ||
| 6.2. “A” 4311 | ||
| 7. 7.1. “A” 4549 | 5. |
The review of the commercial portfolio will be carried out on the basis of updated financial information – accounting statements and complementary information, investment projects, etc. – that clients must provide upon request of the entities, applying parameters valid for each sector and considering other circumstances of the economic activity.
The basic evaluation criterion is the debtor’s repayment capacity based on the estimated cash flow and, only secondarily, on the liquidation of the client’s assets, since the granting of financings must respond to their real credit needs and be made under amortization conditions that match the real repayment possibilities allowed by their activity and fund generation.
In that analysis, emphasis will be placed on measuring the degree of exposure recorded in foreign currency based on the debtor’s foreign‑currency indebtedness and income generation in that currency, as well as on those incomes and outflows linked to the evolution of the Reference Stabilization Coefficient.
Regarding clients with foreign‑currency financings, regardless of the source of resources applied, emphasis must be placed on analyzing whether the client has sufficient repayment capacity to cover maturities even under significant exchange‑rate variations. For this purpose, at least two scenarios must be considered in which significant exchange‑rate variations of different magnitudes over a term of up to one year are contemplated, and in both cases exceed the latest available estimate on the matter arising from the Market Expectations Survey ("REM") published by this Institution at the time of the evaluation.
In the case of financial entities, the analysis must also take into account the liquidity of the debtor intermediary and the quality of its portfolio.
The review must be carried out at least with the frequency indicated below, leaving a record of it in the file of the analyzed client:
During each calendar quarter, for individually considered clients whose financings at any time amount to 5 % or more of the computable equity responsibility or of the financial‑trust asset of the previous month, depending on whether the subject is an entity or a financial trust, respectively. For these purposes, the economic group or conglomerate will be treated as a single client.
During each calendar semester, for individually considered clients whose financings at any time sum to between 1 % and 5 % of the computable equity responsibility or of the financial‑trust asset of the previous month (or the lesser of that amount and ARS 1,000,000), depending on whether the subject is an entity or a financial trust, respectively. For these purposes, the economic group or conglomerate will be treated as a single client.
Credit Policy
B.C.R.A.
Section 2. Application of the loan capacity of foreign‑currency deposits.
Version: 6a. COMMUNICATION “A” 4665
Effective date: 28/09/2006
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