Resolution SBS No. 1439-2020: Authorizes the Cooperative Deposit Insurance Fund to begin collecting premiums from member Savings and Credit Cooperatives in April 2021; modifies the third final complementary provision of Resolution SBS

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 Lima, May 28, 2020 S.B.S. Resolution No. 1439-2020

The Superintendent of Banks, Insurance, and Private Pension Fund Administrators

CONSIDERING:

That Law No. 30822 modified the General Law of the Financial System and the Insurance System and the Organic Law of the Superintendency of Banks and Insurance - Law No. 26702 and its modifying regulations, hereinafter referred to as the General Law, by substituting the Twenty-Fourth Final and Complementary Provision, regarding Unauthorized Savings and Credit Cooperatives that do not capture public funds (COOPAC);

That subsection 8 of said Final and Complementary Provision constitutes a Cooperative Deposit Insurance Fund exclusive for COOPACs (FSDC), in whose subsection 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 as a private law legal entity was formalized, whose main object is to protect those who make deposits in COOPACs 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 that 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, was to 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 nationwide for a period of ninety (90) calendar days, and through Supreme Decree No. 044-2020-PCM and its modifications, the 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, through SBS Resolution No. 1266-2020, the FSDC was authorized to begin the collection of premiums that COOPAC members of the FSDC must pay in the month of July of the year 2020, in accordance with 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, consequently modifying what was provided in the second paragraph of the third final complementary provision of SBS Resolution No. 5061-2018;

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;

Having the previous technical report and positive feasibility opinion of the norm from the Assistant Superintendent of Cooperatives and the approval of the Assistant Superintendencies of Cooperatives and Legal Advisory;

And

In exercise of the powers conferred by subsections 7 and 9 of article 349 of the General Law of the Financial System and the Insurance System and the Organic Law of the Superintendency of Banks and Insurance (Law No. 26702 and its modifications), and based on the exception conditions provided in subsection 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 member Savings and Credit Cooperatives must pay, in the month of April of the year 2021, in accordance with 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 charging of premiums to Coopacs registered in the FSDC will begin with the information corresponding to the quarter ending in March 2021, 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