Resolution SBS No. 1087-2022: Authorizes the Cooperative Deposit Insurance Fund to begin collecting premiums from Savings and Credit Cooperatives in July 2022

Los Laureles Nº 214 - Lima 27 - Peru Tel.: (511) 6309000 Fax: (511) 6309239

Lima, April 1, 2022
Resolution S.B.S.
No. 01087-2022

The Superintendent of Banks, Insurance and Private Pension Fund Administrators

CONSIDERING:

That, Law No. 30822 modified the General Law of the Financial System and the Insurance System and the Organic Law of the Superintendence of Banks and Insurance - Law No. 26702 and its modifying norms, hereinafter General Law, replacing the Twenty-Fourth Final and Complementary Provision, referring to Savings and Credit Cooperatives Not Authorized to Capture Public Resources (COOPAC);

That, paragraph 8 of said Final and Complementary Provision constitutes a Cooperative Deposit Insurance Fund exclusive for COOPAC (FSDC), in whose paragraph 8.6 the Superintendence of Banks, Insurance and Private Pension Fund Administrators is authorized to issue the Regulation of the FSDC;

That, through Resolution SBS No. 5061-2018 and its modifications, the Regulation of the FSDC was approved, and through Resolution SBS No. 0158-2020 and its modification, the constitution of said FSDC as a private law legal entity whose main object is to protect those who make deposits in COOPAC within the scope and limitations established in the General Law and the Regulation of the FSDC was formalized;

That, paragraph 13-C.1 of article 13-C of the Regulation of the FSDC and article 5 of the Operational Procedure for the Calculation and Payment of Premiums to the Cooperative Deposit Insurance Fund approved by Resolution SBS No. 494-2020, establish that the payment of the premium is made quarterly, within ten (10) business days following the expiration of the months of March, June, September and December, so that the collection of the premiums corresponding to the period January-March 2020, which would be the first that COOPAC members of the FSDC had to pay, had to be carried out in the month of April 2020, as specified in the third final complementary provision of said Regulation;

That, through Supreme Decree No. 008-2020-SA, the Health Emergency was declared at the national level for a period of ninety (90) calendar days and measures were issued for prevention and control to avoid the spread of COVID-19, which was extended by Supreme Decrees No. 020-2020-SA, No. 027-2020-SA, No. 031-2020-SA, No. 009-2021-SA, No. 025-2021-SA and No. 003-2022-SA; and through Supreme Decree No. 016-2022-PCM the State of Emergency was declared

Los Laureles Nº 214 - Lima 27 - Peru Tel.: (511) 6309000 Fax: (511) 6309239 National due to the circumstances affecting the life and health of people as a consequence of COVID-19, which has been extended by Supreme Decree No. 30-2022-PCM;

That, through Resolution SBS No. 1266-2020, expanded by Resolutions SBS No. 1439-2020 and No. 439-2021, the FSDC was authorized to begin the collection of premiums that COOPAC members of the FSDC must pay, in the month of April of the year 2022, in accordance with the rules established in its Regulation approved by Resolution SBS No. 5061-2018 and its modifications, and in the Operational Procedure for the Calculation and Payment of Premiums to the Cooperative Deposit Insurance Fund, modifying consequently what is established in the second paragraph of the third final complementary provision of the Regulation of the FSDC;

That, in these first three years of supervision of the COOPAC System by this Superintendence, the financial conditions of the COOPAC have changed, given the truthfulness of their Financial Statements in accordance with the new regulation that governs them, the effects of the Pandemic and the exit from the market of some entities of relevance for the COOPAC System, and there is more refined and consistent economic and financial information for the realization of the update, among other material aspects, which have determined that this Control Body, with the support of international consultants, is evaluating whether it is pertinent to make any adjustment to the coverage, premium or calculation methodology of this;

That, consequently, it is considered prudent to postpone the start of collection by one quarter, so that it begins once the studies carried out by international bodies in collaboration with this Superintendence have concluded and that, on this basis, this Control Body has evaluated the pertinence - if that were the case - of making adjustments to the coverage, premiums and/or calculation methodology of the premium to be paid by COOPAC;

Having the previous technical and positive viability report of the norm of the Assistant Superintendent of Cooperatives and with the approval of the Assistant Superintendents of Cooperatives and Legal Advice; and

In exercise of the powers conferred by paragraphs 7 and 9 of article 349 of the General Law of the Financial System and the Insurance System and the Organic Law of the Superintendence of Banks and Insurance, Law No. 26702 and its modifications, and based on the exceptional conditions established in paragraph 3.2 of article 14 of Supreme Decree No. 001-2009-JUS and its modifications;

RESOLVES:

Article First.- The Cooperative Deposit Insurance Fund is authorized to begin the collection of premiums that Savings and Credit Cooperatives members must pay, in the month of July of the year 2022, in accordance with the rules established in its Regulation approved by Resolution SBS No. 5061-2018 and its modifications, and in the Operational Procedure for the Calculation and Payment of Premiums to the Cooperative Deposit Insurance Fund approved by Resolution SBS No. 494-2020.

Los Laureles Nº 214 - Lima 27 - Peru Tel.: (511) 6309000 Fax: (511) 6309239

Article Second.- Modify what is established in the second paragraph of the third final complementary provision of Resolution SBS No. 5061-2018 and its modifications, remaining as follows:

"The collection of premiums from Coopac registered in the FSDC will begin with the information corresponding to the quarter ending in June 2022, within ten (10) business days following the expiration of said month."

Article Third.- This regulation enters into force the day after its publication. The norms that do not oppose this provision remain in force in all their scope.

Register, communicate and publish.

SOCORRO HEYSEN ZEGARRA
Superintendent of Banks, Insurance and
Private Pension Fund Administrators