Rule · SBS · 6 Jan 2021 · Resolución SBS 00049-2021
This resolution extends the exceptional treatment allowing companies to hold adjudicated and recovered assets without requiring prior authorization or a specific resolution from the Superintendence until December 31, 2021. The extension applies to companies that require this provision, maintaining the status quo established in previous resolutions. It modifies the deadline for the exception originally set in Resolution SBS No. 1535-2005 and its amendments.
Los Laureles Nº 214 - Lima 27 - Perú Telf. : (511)6309000 Fax: (511) 6309239 1 Lima, January 6, 2021 Resolution S.B.S.
No. 00049-2021
The Superintendent of Banking and Insurance and Private Pension Fund Administrators
CONSIDERING:
That Article 215 of the General Law of the Financial System and of the Insurance System and Organic Law of the Superintendence of Banking and Securities, Law No. 26702 and its amendments, hereinafter General Law, establishes the treatment for assets received in payment of debts;
That subsequently, by Resolution SBS No. 1535-2005 of October 6, 2005 and its amending regulations, the Regulation for the Treatment of Adjudicated and Recovered Assets and its Provisions, hereinafter Regulation, was approved;
That Article 4 of the Regulation states that companies that have not sold or delivered in financial lease the assets within a period of one (1) year may request the extension provided for in Article 215 of the General Law with an advance of at least fifteen (15) days before its expiration;
That, likewise, the First Final and Transitional Provision of the Regulation states that, exceptionally, the extension referred to in Article 215 of the General Law and Article 4 of said Regulation will be considered granted until December 31, 2006, for those companies that require it, without it being necessary to request authorization or a Resolution from this Superintendence;
That subsequently, by Resolution No. 0229-2020 of January 15, 2020, the exceptional treatment indicated in the previous paragraph was extended until December 31, 2020;
That this Superintendence has considered it convenient to extend the exceptional treatment indicated in the First Final and Transitional Provision mentioned above;
With the approval of the Adjunct Superintendencies of Banking and Microfinance, of Risks, of Economic Studies and of Legal Advice; and,
Los Laureles Nº 214 - Lima 27 - Perú Telf. : (511)6309000 Fax: (511) 6309239 2
In exercise of the attribution conferred by numeral 7 of Article 349 of the General Law; and, in accordance with the conditions of exception established in numeral 3.2 of Article 14 of Supreme Decree No. 001-2009-JUS and its amending regulations;
RESOLVES:
Sole Article.- Extend the exceptional treatment regarding the extension for holding adjudicated and recovered assets, established in the First Final and Transitional Provision of the Regulation for the Treatment of Adjudicated and Recovered Assets and its Provisions, approved by Resolution SBS No. 1535-2005 and its amending regulations, until December 31, 2021, for those companies that require it, without it being necessary to request authorization or a Resolution from this Superintendence.
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SOCORRO HEYSEN ZEGARRA
Superintendent of Banking, Insurance and Private Pension Fund Administrators
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“in accordance with the conditions of exception established in numeral 3.2 of Article 14 of Supreme Decree No. 001-2009-JUS and its amending regulations”
“That subsequently, by Resolution No. 0229-2020 of January 15, 2020, the exceptional treatment indicated in the previous paragraph was extended until December 31, 2020”
“That subsequently, by Resolution SBS No. 1535-2005 of October 6, 2005 and its amending regulations, the Regulation for the Treatment of Adjudicated and Recovered Assets and its Provisions, hereinafter Regulation, was approved”
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