2010-10-27 | CD-SIBOIF-651-1-OCT27-2010Added · Updated
This resolution establishes the regulatory framework for capital adequacy for banks and financial societies in Nicaragua, defining primary and secondary capital components, deductions, and risk-weighted assets. It mandates specific criteria for capital instruments, sets deduction rules for goodwill and intangibles, and assigns risk weights ranging from 0% to 150% based on credit ratings and asset types, including specific treatments for foreign currency exposures. The rule applies to financial institutions authorized to capture public funds and requires compliance with minimum capital requirements relative to credit and notional risks.
1 Resolution No. CD-SIBOIF-651-1-OCTU27-2010 Dated October 27, 2010
NORM ON CAPITAL ADEQUACY
The Board of Directors of the Superintendence of Banks and Other Financial Institutions,
CONSIDERING
I That Article 2 of Law No. 316, Law of the Superintendence of Banks and Other Financial Institutions, authorizes the Superintendence to protect the interests of depositors who entrust their funds to financial institutions.
II That to preserve the security and confidence of the public in said financial institutions, the Superintendence must promote and control their solvency, establishing a relationship between the capital calculation base and credit risk and notional assets.
III That it is necessary to regulate what is established in Articles 19 and 20 of Law No. 561, General Law of Banks, Non-Banking Financial Institutions and Financial Groups, regarding the minimum required capital and credit risk and notional assets.
IV That Article 10 of Law 316, Law of the Superintendence of Banks and Other Financial Institutions, and its reform contained in Law 552, Law of Reforms to the aforementioned Law 316, authorizes the Board of Directors of the Superintendence to issue the norms and provisions necessary for compliance with the aforementioned laws;
In exercise of its powers,
HAS ISSUED
The following:
NORM ON CAPITAL ADEQUACY Resolution No. CD-SIBOIF-651-1-OCTU27-2010
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CHAPTER I GENERAL PROVISIONS
Art. 1 Object.- This Norm aims to establish the regulations referred to in Title II, Chapter II of Law No. 561, General Law of Banks, Non-Banking Financial Institutions and Financial Groups (hereinafter, General Law of Banks), regarding the components of the capital calculation base, minimum required capital, credit risk assets, notional assets for exchange rate risk and other provisions.
Art. 2 Scope.- The provisions of this norm are applicable to banks and financial societies and their branches established in the country, which in accordance with the General Law of Banks can capture public funds.
In the following text, when the concept "financial institution" is used, it shall be understood that it refers to any of the entities mentioned in the previous paragraph.
Art. 3 Components of Primary Capital.- Primary capital shall be composed of the following: A. Ordinary paid-in capital composed of ordinary shares; B. Preferred shares that meet the following characteristics:
3 C. Donated capital not subject to return; D. The amount received above the nominal value of shares issued when placed above par; E. Contributions received from shareholders on an irrevocable basis with the sole purpose of increasing the social capital of the financial institution; F. Legal Reserve; G. Other reserves of an irrevocable nature. H. Minority interests, only in the case of consolidated financial statements; I. Accumulated results from previous periods that the competent body of the respective financial institution has resolved to capitalize in an express and irrevocable manner.
Art. 4 Components of Secondary Capital.- 1 Secondary capital shall be composed of the following: A. Donations and other non-capitalizable contributions available to cover losses of the financial institution, which cannot be refunded under any concept. B. Other Equity Reserves; C. Accumulated Results from Previous Periods that do not qualify as primary capital; D. Results of the Current Period; E. Cumulative Preferred Shares and other hybrid capital instruments that meet the following characteristics: 1 Art. 4, reformed on July 16, 2025 - Resolution CDMF-XXV-1-25 Art. 4, reformed on December 4, 2018 - Resolution CD-SIBOIF-1087-1-DIC4-2018 Art. 4, reformed on September 19, 2017 - Resolution CD-SIBOIF-1016-3-SEP19-2017 Art. 4, reformed on January 26, 2016 - Resolution CD-SIBOIF-926-4-ENE26-2016 Art. 4, reformed on April 17, 2013 - Resolution CD-SIBOIF-777-1-ABR17-2013
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Maturity Percentages Fifth year before maturity 80% Fourth year before maturity 60% Third year before maturity 40% Second year before maturity 20% Last year before maturity 0%
When the financial institution incurs in any of the situations that warrant the application of preventive measures as established in the General Law of Banks, the Superintendent may order the financial institution to immediately capitalize, or in its absence, the suspension of the payment of interests of the subordinated term debt referred to in this letter, while the circumstances that gave rise to the order persist. For such purposes, the contracts of said instruments to
6 be considered as secondary capital must incorporate a clause that authorizes the Superintendent to execute the aforementioned. The capitalization of the subordinated term debt referred to in this letter, by the financial institutions debtors that incur in any of the situations that warrant the application of preventive measures established in the General Law of Banks, will not be applicable to those multilateral financial entities, except for the suspension of interest payments. G. Generic Provisions: a. Voluntary generic provisions: Refers to credit provisions constituted by the financial institution voluntarily to cover unidentified losses. For purposes of calculation of secondary capital, these generic provisions cannot exceed 1.25% of the total of credit risk-weighted assets. b. Countercyclical Provision Fund: Refers to the countercyclical provision fund constituted by the financial institution, in accordance with the Norm on Constitution of Countercyclical Provisions. In accordance with Article 20 of the General Law of Banks, the secondary capital to be considered in the capital base can never be greater than one third (1/3) of the amount of primary capital thereof. Additionally, the positive balance generated from the Other Comprehensive Net Income account as part of the equity of the financial institution, will not count as part of secondary capital.
Art. 5 Deductions.- 2 The following items will be deducted from the Capital Adequacy calculation: a) The following will be deducted from the sum of the primary capital components:
7 3) Non-capitalizable donations that have conditions of repayment. 4) Other Net Assets of Amortization: Taxes paid in advance, other expenses paid in advance, balance of the deferred income tax account less transition adjustment, improvements to properties received in lease, software, other intangible assets, and stationery, supplies and other materials. These accounts will also not be counted within the risk-weighted assets. All these assets are net of amortization, depreciation and impairment. b) The following will be deducted from the sum of the secondary capital components:
8 will also not be counted in the computation of risk assets contained in Article 6 of the present norm. Capital instruments are understood, for purposes of the application of this letter, to be any of the following: common or ordinary shares, preferred shares, other titles of participation in the capital of the issuing entity, and subordinated debt instruments.
Art. 6 Credit risk-weighted assets.- 3 Risk assets will be weighted according to the following: A) With a weight of zero percent (0%) of their value, the following items:
9 6) Debt instruments issued by third parties, guaranteed with debt instruments issued in national or foreign currency by the Central government or the Central Bank of Nicaragua. 7) Balances of credits and contingent operations guaranteed with deposits in the same financial institution endorsed in favor of said institution. B) With a weight of twenty percent (20%) of their value, short-term self-liquidating contingent operations (documentary letters of credit). C) With a weight of fifty percent (50%) of their value, mortgage loans for housing granted in national currency without value maintenance. D) With a weight between zero and one hundred fifty percent of their value (0% to 150%), the following items:
Rating Risk Agencies Fitch IBCA Moody's Investors Services Standard & Poor's Corporation Dominion Bond Rating Services Limited Kroll Bond Rating Agency, Inc. Centroamerican Rating Company, S.A. (Moody's Local) Pacific Credit Rating, S.A. de C.V. 0% AAA to AA- Aaa to Aa3 AAA to AA- AAA to AA- AAA to AA- AAA to AA- AAA to AA- 20% A+ to A- A1 to A3 A+ to A- A+ to A- A+ to A- A+ to A- A+ to A- 50% BBB+ to BBB- Baa1 to Baa3 BBB+ to BBB- BBB+ to BBB- BBB+ to BBB- BBB+ to BBB- BBB+ to BBB- 100% BB+ to B- and Not Rated Ba1 to B3 and not rated BB+ to B- and not rated BB+ to B- and not rated BB+ to B- and not rated BB+ to B- and not rated BB+ to B- and not rated BB+ to B- and not rated 150% Below B- Below B3 Below B- Below B- Below B- Below B- Below B-
The Superintendent may update the above table in case of new authorized and registered risk rating agencies in the registry kept by the Superintendence for these purposes, establishing the link between the rating agency's scale and the corresponding risk weight. Likewise, it may be updated when new internationally recognized risk rating agencies are determined, or in case said entities modify their risk rating nomenclature; which will be informed via circular to financial institutions. In the case of more than one risk rating existing, to determine the corresponding weight the lowest rating among those published by the risk rating agencies will be applied. E) With a weight of sixty to one hundred twenty-five percent (60% to 125%) of their value, the following credit operations, exposed to credit exchange rate risk:
11 i. Financing operations of goods or merchandise for export in which there is a purchase and sale contract between the trading entity and the producer, and in which the corresponding payment in foreign currency or national currency with value maintenance is established; ii. Export operations of services or provision of services to exporters, in which there is an export contract or service provision contract, and in which the corresponding payment in foreign currency is established. The above cases must be duly evidenced by the institution. The purchase of foreign exchange in the exchange market or the mere fact that the prices of the goods or services that it trades are expressed in foreign currency, should not be considered as the debtor being a foreign exchange generator. F) With a weight of one hundred percent (100%) of their value:
Art. 7 Notional amount of assets for exchange rate risk.- 4 The notional amount of assets for exchange rate risk will be understood as the sum of the net nominal positions, long or short, previously weighted. For purposes of calculating the net long or short nominal position, it must: A. Calculate separately for national currency with value maintenance and for foreign currency, the net nominal position, which will be measured through the difference between the balances of asset and liability accounts, including in these the accrued interest, provisions, impairments, depreciations and amortizations. In the case that the difference results in being positive (assets greater than liabilities) it will be considered as a net long nominal position, to which a weight of 50% will be applied, and in case it is negative (liabilities greater than assets) it will be considered as a net short nominal position, to which a weight of 100% will be applied. 4 Art. 7, reformed on December 4, 2018 - Resolution CD-SIBOIF-1087-1-DIC4-2018 Art. 7, reformed on January 26, 2016 - Resolution CD-SIBOIF-926-4-ENE26-2016
12 net short nominal position, to which a weighting of 100% will be applied. The net nominal position in national currency without value maintenance will not be included in this calculation. B. Sum the absolute value of the weighted net nominal positions, long and short, to obtain the notional amount of assets for exchange rate risk. Art. 8 Forms.- The Superintendent is authorized to establish the forms and instructions for the calculation of capital adequacy in accordance with the provisions of this norm. These forms may be modified by the Superintendent as the application thereof requires. Art. 9 Calculation of Capital Adequacy.- Financial institutions are obligated to submit the calculation of capital adequacy monthly in accordance with the forms referred to in the preceding article, in accordance with the information supply schedule established by the Superintendent. Art. 10 Normalization Plans.- When a financial institution, as a result of an excess of assets or insufficiency of its capital, fails to comply with this norm, it shall be governed by the provisions established in Articles 89 and 90 of the General Banking Law. Art. 11 Sanctions for Non-compliance.- Institutions that fail to comply with the provisions established in this norm shall be sanctioned in accordance with what is established in the General Banking Law and the regulations governing the imposition of fines. CHAPTER II TRANSITIONAL AND FINAL PROVISIONS Art. 12 Transitional.- Financial institutions will have until December 31, 2010, to adapt their accounting, control, and computer systems to comply with the new provisions contained in literals A), B), E) and F) of Article 6 of this norm. Consequently, to calculate capital adequacy until the aforementioned date, they must do so in accordance with the provisions of the Norm on Capital Adequacy contained in Resolution No. CD-SIBOIF-504-2-OCTU19-2007, dated October 19, 2007, published in La Gaceta, Official Journal No. 230 of November 29, 2007. Art. 13 Repeal.- From January 1, 2011, the Norm on Capital Adequacy contained in Resolution No. CD-SIBOIF-504-2-OCTU19-2007, dated October 19, 2007, published in La Gaceta, Official Journal No. 230 of November 29, 2007, is repealed.
13 Art. 14 Effectiveness.- This norm shall enter into force upon its notification without prejudice to its publication in La Gaceta, Official Journal. (f) A. Rosales B. (f) V. Urcuyo V. (f) Gabriel Pasos Lacayo (f) Fausto Reyes (f) illegible (Silvio Moisés Casco Marenco) (f) U. Cerna B. URIEL CERNA BARQUERO Secretary of the Board of Directors SIBOIF
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