2015-04-01 | 5/POJK.03/2015Added
Rural Credit Banks (BPR) must maintain a Minimum Capital Provision ratio of 12% of Risk-Weighted Assets and a Minimum Core Capital ratio of 8% of Risk-Weighted Assets, with a mandatory minimum core capital amount of IDR 6 billion. BPRs with core capital below IDR 3 billion must reach IDR 3 billion by December 31, 2019, and IDR 6 billion by December 31, 2024, while those between IDR 3 billion and 6 billion must reach IDR 6 billion by December 31, 2019. Non-compliant BPRs face administrative sanctions including health rating downgrades, branch expansion bans, foreign exchange activity prohibitions, and mandatory mergers or acquisitions.
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COPY
FINANCIAL SERVICES AUTHORITY REGULATION
NUMBER 5 /POJK.03/2015
ON
MINIMUM CAPITAL PROVISION AND MINIMUM CORE CAPITAL FULFILLMENT FOR RURAL CREDIT BANKS BY THE GRACE OF THE ALMIGHTY GOD, THE COMMISSIONERS OF THE FINANCIAL SERVICES AUTHORITY, Considering:
a. that in order to realize a healthy, strong, and productive Rural Credit Bank industry, adjustments to the capital structure are necessary to align with best banking practices; b. that the adjustment of the Rural Credit Bank capital structure is intended to enhance the ability of Rural Credit Banks to provide funds for the real sector, especially for micro and small enterprises;
c. that institutional strengthening of Rural Credit Banks needs to be supported by strong capital;
d. that in light of the above, it is necessary to establish the amount of capital with strong characteristics to support institutional strengthening and risk absorption capacity for Rural Credit Banks in the form of minimum core capital for Rural Credit Banks; e. that in light of letters a through d above, adjustments to regulations regarding Minimum Capital Provision for Rural Credit Banks are necessary...
Rural Credit Banks in the Financial Services Authority Regulation;
Considering:
DECIDING:
Establishing: FINANCIAL SERVICES AUTHABILITY REGULATION ON MINIMUM CAPITAL PROVISION AND MINIMUM CORE CAPITAL FULFILLMENT FOR RURAL CREDIT BANKS.
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Financial Services Authority Regulation, the following terms are defined:
Article 2
BPRs are required to provide minimum capital calculated using the MCP ratio of at least 12% (twelve percent) of RWA.
CHAPTER II
CAPITAL
Article 3
(1) Capital as referred to in Article 2 consists of:
a. core capital (tier 1) which includes:
Article 4
BPRs are required to provide core capital as referred to in Article 3 paragraph (1) letter a of at least 8% (eight percent) of RWA.
Article 5
(1) Core capital primary as referred to in Article 3 paragraph (1) letter a number 1 consists of:
a. paid-in capital; and b. additional capital reserves, which include:
Article 6
(1) BPRs are required to complete the administrative documentation for paid-in capital funds as referred to in Article 5 paragraph (1) letter b number 2 no later than 90 (ninety) working days from the date of Financial Services Authority approval. (2) Paid-in capital funds are recorded as paid-in capital after the BPR meets the administrative documentation for paid-in capital funds.
Article 7
(1) Donation capital in the form of other assets as referred to in Article 5 paragraph (1) letter b number 3 must be in the form of land and buildings intended for BPR operations and have been transferred to the name of the BPR. (2) Within a maximum period of 3 (three) years after Financial Services Authority approval, BPRs must use land and building assets for operational activities as referred to in paragraph (1). (3) In the event that the time limit as referred to in paragraph (2) expires and the assets have not been used for BPR operational activities, the assets as referred to in paragraph (1) cannot be counted as a donation capital component. (4) Assets as referred to in paragraph (3) can be counted as donation capital when the assets are used in BPR operations. (5) BPRs under special supervision, as per regulations regarding follow-up handling of BPRs under special supervision, cannot receive donation capital as referred to in paragraph (1).
Article 8
(1) BPRs may make additional paid-in capital in the form of fixed assets based on Financial Services Authority approval.
(2) Fixed assets used as additional paid-in capital as referred to in paragraph (1) must be land and buildings intended for BPR operations and have been transferred to the name of the BPR. (3) Within a maximum period of 3 (three) years after Financial Services Authority approval, BPRs must use fixed assets for operational activities as referred to in paragraph (2). (4) BPRs that already have paid-in capital in the form of fixed assets and have not been used in BPR operations at the time this Financial Services Authority Regulation comes into force must use such assets in BPR operations no later than 3 (three) years from the implementation of this Financial Services Authority Regulation. (5) In the event that the time limits as referred to in paragraphs (3) and (4) expire and fixed assets have not been used for BPR operational activities, fixed assets cannot be counted as a paid-in capital component. (6) Fixed assets as referred to in paragraph (5) can be counted as additional paid-in capital when the fixed assets are used in BPR operations. (7) BPRs under special supervision, as per regulations regarding follow-up handling of BPRs under special supervision, cannot receive additional paid-in capital in the form of fixed assets as referred to in paragraph (1).
Article 9
Requests for approval of additional paid-in capital in the form of fixed assets as referred to in Article 8 paragraph (1) are submitted to the Financial Services Authority accompanied by documents:
Article 10
(1) Supplementary capital as referred to in Article 3 paragraph (1) letter b consists of:
a. capital components meeting the following requirements:
Article 11
In the calculation of RWA:
a. the excess of general PPAP which must be calculated from the limit as referred to in Article 10 paragraph (1) letter c can be counted as a deduction factor in the RWA calculation. b. AYDA that has exceeded a period of 1 (one) year since acquisition as referred to in Article 5 paragraph (4) letter d is not counted in the RWA calculation.
Article 12
BPRs are prohibited from distributing profits if such distribution results in the BPR's capital condition failing to reach the capital ratio as referred to in Article 2 and Article 4.
CHAPTER III
MINIMUM CORE CAPITAL
Article 13
The minimum core capital for BPRs is set at IDR 6,000,000,000.00 (six billion rupiah) with the following provisions:
Article 14
(1) Fulfillment of the minimum core capital obligation as referred to in Article 13 is carried out through, among others, profit growth, additional paid-in capital, merger, consolidation, or acquisition. (2) BPRs that have not met the core capital minimum requirements as referred to in Article 13 cannot receive donation capital as referred to in Article 5 paragraph (1) letter b number 3 and additional paid-in capital in the form of fixed assets as referred to in Article 8 paragraph (1).
Article 15
(1) BPRs are required to maintain the minimum core capital amount of at least IDR 6,000,000,000.00 (six billion rupiah) after the time limits as referred to in Article 13 numbers 2 and 3. (2) BPRs are prohibited from distributing profits if:
a. such distribution results in core capital decreasing to less than IDR 6,000,000,000.00 (six billion rupiah); or b. the BPR has not met the minimum core capital of IDR 6,000,000,000.00 (six billion rupiah). (3) BPRs are prohibited from repaying or settling additional core capital components as referred to in Article 3 paragraph (1) letter a number 2 if repayment or settlement results in the BPR's minimum core capital decreasing to less than IDR 6,000,000,000.00 (six billion rupiah). (4) In the event that a BPR cannot maintain minimum core capital of at least IDR 6,000,000,000.00 (six billion rupiah) as referred to in paragraph (1), the BPR is required to increase core capital to at least IDR 6,000,000,000.00 (six billion rupiah). (5) BPRs are required to increase core capital to at least IDR 6,000,000,000.00 (six billion rupiah) as referred to in paragraph (4) no later than 6 (six) months from:
a. monthly reports submitted to the Financial Services Authority showing core capital below IDR 6,000,000,000.00 (six billion rupiah); or b. the date of the Financial Services Authority examination minutes showing core capital below IDR 6,000,000,000.00 (six billion rupiah).
Article 16
At the time this regulation comes into force, BPRs that have received business licenses from the Financial Services Authority with paid-in capital less than IDR 6,000,000,000.00 (six billion rupiah) are required to meet the minimum core capital amount no later than 5 (five) years after obtaining the business license from the Financial Services Authority.
CHAPTER IV
OTHERS
Article 17
BPRs are required to meet the capital ratios as referred to in Article 2 and Article 4 no later than December 31, 2019.
Article 18
(1) BPRs that, at the time this regulation comes into force, have not met the capital ratios as referred to in Article 2 and Article 4 and/or the minimum core capital amount as referred to in Article 13 are required to formulate a plan to meet capital ratios and/or minimum core capital in the form of an action plan with GMS approval. (2) The action plan as referred to in paragraph (1) is required to be submitted to the Financial Services Authority no later than 6 (six) months after this regulation comes into force. (3) The action plan as referred to in paragraph (1) is submitted to the Financial Services Authority.
Article 19
(1) In the event that the deadline for submitting reports as referred to in Article 18 paragraph (2) falls on a Saturday or holiday, the report submission is carried out on the first working day after the Saturday or holiday. (2) In the event that the deadline for fulfilling minimum core capital as referred to in Article 15 paragraph (3) and Article 16 falls on a Saturday or holiday, the fulfillment of minimum core capital is carried out on the first working day after the Saturday or holiday.
CHAPTER V
SANCTIONS
Article 20
BPRs violating the provisions as referred to in Article 2, Article 4, Article 12, Article 15 paragraphs (2) and (3), and Article 18 paragraphs (1) and (2) are subject to administrative sanctions:
a. written warnings; and/or b. reduction in health rating.
Article 21
BPRs that do not complete the administrative documentation for paid-in capital funds within the time limit as referred to in Article 6 paragraph (1) are subject to administrative sanctions:
a. paid-in capital funds cannot be counted as a core capital component; b. suspension of dividend distribution on all share ownership from shareholders who made capital contributions, until the administrative documentation is completed.
Article 22
(1) BPRs that do not meet the minimum core capital amount as referred to in Article 13 number 1 are subject to administrative sanctions:
a. reduction in BPR health rating; b. prohibition on opening branch networks;
c. prohibition on conducting Foreign Exchange Business Activities, and electronic banking device services;
d. restriction on fund distribution area to one regency/city identical to the BPR office location; e. restriction on remuneration or other forms equivalent to it for members of the Board of Commissioners and/or Board of Directors of the BPR, or payments to related parties. (2) BPRs that have met the minimum core capital as referred to in Article 13 number 1 but have not reached IDR 6,000,000,000.00 (six billion rupiah) as referred to in Article 13 number 2 on December 31, 2024, are subject to the sanctions as referred to in paragraph (1) and the obligation to undergo merger (consolidation) or acquisition, and/or obtain new investors to meet BPR core capital. (3) BPRs that have met the minimum core capital as referred to in Article 13 number 1 but have not reached IDR 6,000,000,000.00 (six billion rupiah) or BPRs that have not met the minimum core capital of IDR 6,000,000,000.00...
Rp6,000,000,000.00 (six billion rupiah) as referred to in Article 13 item 3 on December 31, 2019, shall be subject to administrative sanctions:
a. prohibition on opening branch networks; b. prohibition on conducting Foreign Currency Exchange Business Activities, and electronic banking device services;
c. restriction on funding distribution area to a single regency/city identical to the BPR office location.
(4) BPRs that do not meet the minimum core capital of Rp6,000,000,000.00 (six billion rupiah) as referred to in Article 13 item (3) by December 31, 2024, shall be subject to administrative sanctions as referred to in paragraph (1) and the obligation to conduct a merger or consolidation or be acquired and/or obtain new investors to fulfill the BPR's core capital.
(5) BPRs that are unable to maintain minimum core capital of at least Rp6,000,000,000.00 (six billion rupiah) as referred to in Article 15 paragraph (4) and paragraph (5), after December 31, 2024, shall be subject to administrative sanctions as referred to in paragraph (1) and the obligation to conduct a merger or consolidation or be acquired and/or obtain new investors to fulfill the BPR's core capital.
(6) BPRs that do not meet the minimum core capital of Rp6,000,000,000.00 (six billion rupiah) within the time period as referred to in Article 16 but before the deadline for fulfilling minimum core capital on December 31, 2024, shall be subject to administrative sanctions:
a. prohibition on opening branch networks; b. prohibition on conducting Foreign Currency Exchange Business Activities, and electronic banking device services;
c. restriction on funding distribution area to a single regency/city identical to the BPR office location.
(7) BPRs that do not meet the minimum core capital of Rp6,000,000,000.00 (six billion rupiah) within the time period as referred to in Article 16 and the deadline for fulfilling minimum core capital exceeds December 31, 2024, shall be subject to administrative sanctions as referred to in paragraph (1) and the obligation to conduct a merger or consolidation or be acquired and/or obtain new investors to fulfill the BPR's core capital.
Article 23
BPRs that violate the provisions as referred to in Article 17 shall be subject to administrative sanctions in the form of:
a. written reprimand; b. downgrade of health level;
c. prohibition on opening branch networks; and/or
d. temporary suspension of some BPR operational activities.
CHAPTER VI
CLOSING PROVISIONS
Article 24
Further implementation provisions of this Financial Services Authority Regulation shall be regulated by a Financial Services Authority Circular.
Article 25
Upon the commencement of this Financial Services Authority Regulation, all regulations that are implementing regulations of Bank Indonesia Regulation Number 8/18/PBI/2006 concerning Minimum Capital Provisioning for Rural Banks (State Gazette of the Republic of Indonesia Year 2006 Number 75, Supplement to the State Gazette of the Republic of Indonesia Number 4644) are declared to remain in force insofar as they do not conflict with the provisions in this Financial Services Authority Regulation.
Article 26
Upon the commencement of this Financial Services Authority Regulation, Bank Indonesia Regulation Number 8/18/PBI/2006 dated October 5, 2006 concerning Minimum Capital Provisioning for Rural Banks (State Gazette of the Republic of Indonesia Year 2006 Number 75, Supplement to the State Gazette of the Republic of Indonesia Number 4644), is repealed and declared invalid except for Article 2, Article 3, Article 4, and Article 5 which are declared to remain in force until December 31, 2019.
Article 27
This Financial Services Authority Regulation shall commence on the date of its promulgation.
To ensure that everyone knows it, it is ordered to promulgate this Financial Services Authority Regulation by placing it in the State Gazette of the Republic of Indonesia.
Determined in Jakarta
On the date of March 31, 2015
CHAIRMAN OF THE COMMISSIONERS BOARD
FINANCIAL SERVICES AUTHORITY,
Signed,
MULIAMAN D. HADAD
Promulgated in Jakarta
On the date of April 1, 2015
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
Signed,
YASONNA H. LAOLY
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2015 NUMBER 73 Copy in accordance with the original Director of Legal Affairs I Ministry of Law,
Signed,
Sudarmaji
EXPLANATION
OF
FINANCIAL SERVICES AUTHORITY REGULATION
NUMBER 5/POJK.03/2015
CONCERNING
MINIMUM CAPITAL PROVISIONING AND
FULFILLMENT OF MINIMUM CORE CAPITAL FOR RURAL BANKS
I. GENERAL
BPRs play an important role in the economy, especially at the local scale. To increase this role, BPRs must operate at a certain economic scale and have adequate capacity to absorb risk. By operating at an economic scale, BPRs will be able to compete with other financial service institutions in serving the community. To achieve an economic scale, BPRs are required to have capital in a certain amount. The paid-up capital that must be fulfilled by BPRs at the time of establishment is not always sufficient to achieve the intended economic scale if the BPR experiences losses, so it is necessary to establish a minimum core capital for BPRs. Furthermore, BPRs, which primarily provide services to MSMEs and communities in remote areas, have specific characteristics, including less efficient operations and difficulty in obtaining financial assistance if in a structural problem condition, causing BPRs to be supported by a higher Minimum Capital Provisioning Ratio, so that it is expected to absorb the potential risks they face. Therefore, it is necessary to improve capital ratios, including the Minimum Capital Provisioning Ratio (KPMM) and the core capital ratio.
In order to increase the capacity of BPRs to absorb risk, the quality of BPR capital is improved by adding core capital instruments to the core capital components and recognizing excess general PPAP formation as a reduction factor in the calculation of ATMR.
In relation to these matters, it is necessary to re-regulate the provisions concerning Minimum Capital Provisioning for Rural Banks in a Financial Services Authority Regulation.
II. ARTICLE BY ARTICLE
Article 1
It is clear enough.
Article 2
It is clear enough.
Article 3
It is clear enough.
Article 4
It is clear enough.
Article 5
Paragraph (1)
Letter a
What is meant by paid-up capital is capital that has been paid in reality and effectively by its owners and has been approved by the Financial Services Authority and has met administrative requirements. For BPRs in the form of a legal Cooperative entity, paid-up capital is the principal savings and mandatory savings as regulated in the Cooperative Law. Letter b Item 1 It is clear enough. Item 2 Interest or yield obtained from the placement of capital deposit funds in the form of deposits at commercial banks becomes BPR income. Paragraph (2) It is clear enough. Paragraph (3) It is clear enough. Paragraph (4) It is clear enough.
Article 6
Paragraph (1)
Administrative completion in the form of a report proof or approval letter from the competent authority according to regulations.
Report proofs for articles of association that do not require approval from the competent authority must be followed up with the submission of a report receipt letter from the competent authority. Paragraph (2) It is clear enough.
Article 7
It is clear enough.
Article 8
It is clear enough.
Article 9
What is meant by an independent appraiser is an appraisal company that:
a. is not a related party to the BPR; b. is not a lending group with the BPR's debtor;
c. conducts appraisal activities based on professional ethical codes and regulations established by the competent authority;
d. uses appraisal methods based on professional appraisal standards issued by the competent authority; e. has a business license from the competent authority to operate as an appraisal company; and f. is registered as a member of an association recognized by the competent authority.
Article 10
Paragraph (1)
Letter a
Item 1
It is clear enough.
Item 2
It is clear enough.
Item 3
It is clear enough.
Item 4
It is clear enough.
Item 5
It is clear enough.
Item 6
The submission of an application for approval of supplementary capital components to the Financial Services Authority is conducted by the BPR by submitting a repayment program. Letter b It is clear enough. Letter c It is clear enough. Paragraph (2) It is clear enough.
Article 11
It is clear enough.
Article 12
What is meant by profit distribution includes, among others, dividend payments to shareholders, bonus distribution to management (tantiem), and payment of non-operational incentives. Example:
If in a certain management period the BPR shows improving performance but the capital condition does not allow for bonus payments to management, then bonus payments cannot be made until the BPR's capital condition allows for the payment of bonuses.
Article 13
It is clear enough.
Article 14
It is clear enough.
Article 15
Paragraph (1)
It is clear enough.
Paragraph (2)
What is meant by profit distribution includes, among others, dividend payments to shareholders, bonus distribution to management (tantiem), and payment of non-operational incentives. Example:
If in a certain management period the BPR shows improving performance but the capital condition does not allow for bonus payments to management, then bonus payments cannot be made until the BPR's capital condition allows for the payment of bonuses. Paragraph (3) It is clear enough. Paragraph (4) It is clear enough. Paragraph (5) It is clear enough.
Article 16
It is clear enough.
Article 17
It is clear enough.
Article 18
It is clear enough.
Article 19
It is clear enough.
Article 20
It is clear enough.
Article 21
Letter a
If capital deposit funds that exceed the previous period are recorded in the mandatory capital deposit funds position, then the capital deposit funds in question are returned to be recorded in the mandatory capital deposit funds position. If capital deposit funds that exceed the previous period are recorded in the deposit position, then the capital deposit funds in question are returned to be recorded in the deposit position. What is meant by mandatory capital deposit funds is capital deposit funds as regulated in the BPR Accounting Guidelines. Letter b Dividends whose payment is deferred can be given to shareholders after the BPR completes the administrative requirements for adding paid-up capital from the respective shareholders.
Article 22
It is clear enough.
Article 23
It is clear enough.
Article 24
It is clear enough.
Article 25
It is clear enough.
Article 26
It is clear enough.
Article 27
It is clear enough.
SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 5686
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Source: Otoritas Jasa Keuangan (Financial Services Authority) — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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