Resolution SBS No. 1266-2020: Authorizes the Cooperative Deposit Insurance Fund to Begin Collecting Premiums from Savings and Credit Cooperatives in July 2020

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 Lima, March 27, 2020 S.B.S. Resolution No. 1266-2020

The Superintendent of Banks, Insurance and Private Pension Fund Administrators

CONSIDERING:

That Law No. 30822 modified the General Law of the Financial System and of the Insurance System and Organic Law of the Superintendency of Banks and Insurance - Law No. 26702 and its modifying norms, hereinafter referred to as the General Law, substituting the Twenty-Fourth Final and Complementary Provision of said Law, referring to Unauthorized Savings and Credit Cooperatives 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 Superintendency of Banks, Insurance and Private Pension Fund Administrators is authorized to issue the Regulations of the FSDC;

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

That, paragraph 13-C.1 of article 13-C of the Regulations 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 SBS Resolution 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 the collection of the premiums corresponding to the January-March 2020 period, which would be the first that COOPAC members of the FSDC had to pay, should be carried out in the month of April of this year, as specified in the third final complementary provision of said Regulations;

That, through Supreme Decree No. 008-2020-SA a Health Emergency was declared at the national level for a period of ninety (90) calendar days, and through Supreme Decree No. 044-2020-PCM a State of National Emergency was declared as a consequence of the Coronavirus (COVID-19) outbreak and various exceptional and temporary measures regarding the spread of COVID-19 have been ordered;

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239

That, considering the health emergency situation that the country is going through, it is necessary to establish exceptional measures to help COOPAC members of the FSDC comply with their obligations, especially since it is the first time they will calculate and make the payment of the premiums they must pay to the FSDC;

Being in accordance with the opinion of the Deputy Superintendencies of Cooperatives and Legal Advice; and,

In exercise of the powers conferred in paragraph 7 of article 349 of the General Law of the Financial System and of the Insurance System and Organic Law of the Superintendency of Banks and Insurance (Law No. 26702 and its modifications), and based on the conditions of exception 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 initiate the collection of the premiums that Savings and Credit Cooperatives members must pay in the month of July of the year 2020, according to the rules established in its Regulations approved by SBS Resolution 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 SBS Resolution No. 494-2020.

Article Second.- Modify what is provided in the second paragraph of the third final complementary provision of SBS Resolution 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 2020, within ten (10) business days following the expiration of said month.”

Article Third.- This regulation enters into force the day after its publication. The regulations 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