Resolution SBS No. 2055-2022: Amending the Regulation of the Cooperative Deposit Insurance Fund and the Operational Procedure for the Calculation and Payment of Premiums to the Cooperative Deposit Insurance Fund

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Lima, June 30, 2022

Resolution S.B.S.
No. 02055-2022

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, regarding 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 SBS Resolution No. 5061-2018 and its modifications, the Regulation of the FSDC was approved, and through SBS Resolution 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 FSDC Regulation 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 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 Complementary Final 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

Los Laureles Nº 214 - Lima 27 - Perú Telf. : (511)6309000 Fax: (511) 6309239 2 /3 the 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 National Emergency was declared 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. 030-2022-PCM, No. 041-2022-PCM and No. 058-2022-PCM; That, through SBS Resolution No. 1266-2020, expanded by SBS Resolutions No. 1439-2020 and No. 439-2021, the FSDC was authorized to start 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 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, modifying consequently what is provided in the second paragraph of the Third Complementary Final Provision of the FSDC Regulation; That, in these first three years of supervision of the COOPAC System by this Superintendence, the financial conditions of the COOPAC have changed, due to the verification of their financial statements in accordance with the new regulation governing 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, evaluate making adjustments to the technical norms governing the FSDC; That, consequently, through SBS Resolution No. 1087-2022, the start of collection was postponed by one quarter, so that it begins once the studies carried out by international organizations in collaboration with this Superintendence have concluded. That, taking into account the recommendations made to this Superintendence to promote the viability and strengthening of the FSDC, it has been decided to maintain the technical aspects governing the FSDC; however, it is necessary to grant COOPAC a longer period to make the payment of premiums effective; Having the previous technical and positive viability report of the norm from the Adjunct Superintendence of Cooperatives and with the approval of the Adjunct Superintendences of Cooperatives, Economic Studies and Legal Advice; and In exercise of the powers conferred in 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 provided for in paragraph 3.2 of article 14 of Supreme Decree No.
001-2009-JUS and its modifications; RESOLVES:
Article First.- Modify paragraph 13-C.1 of article 13-C and the Third Complementary Final Provision of the Regulation of the Cooperative Deposit Insurance Fund, approved by SBS Resolution No. 5061-2018 and its modifications, as follows:

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Article 13-C.- Form of Payment and responsibility for the payment of the premium
“13-C.1 The payment of the premium is made quarterly, on the last business day of the month following the expiration of the months of March, June, September and December, in the manner determined in the Regulation issued by the Board of Directors. The payment of the premium must necessarily be made in the same currency as the deposit subject to coverage.
THIRD.- The obligation to present Annex No. 17-A “Deposit Control for Coopac of Levels 1, 2 and 3” of the Accounting Manual for Coopac applies from the information corresponding to the month of registration of the Coopac in the FSDC. The obligation to make the payment of the premium to the FSDC and to present Annex No. 17-B “Premium Payment Control Sheet for the Cooperative Deposit Insurance Fund for Coopac of Levels 1, 2 and 3” of the Accounting Manual for Coopac applies from the information corresponding to the quarter (ending in March, June, September or December) of registration of the Coopac in the FSDC. The collection of premiums from Coopac registered in the FSDC will begin with the information corresponding to the quarter ending in June 2022, on the last business day of the month following the expiration of said month. In the event that at the time of making the first payment of the premium to the FSDC and presenting Annex No. 17-B for the first time, Annex 17-A has not been presented for the three (3) months that make up the corresponding quarter, only the information will be recorded and the premium will be calculated based on the information of the months presented. If information for only two (2) months is available, the simple average of those two months will be calculated. If information for only one (1) month is available, the premium will be calculated only with the information from that month.”
Article Second.- Modify paragraph 5.1 of 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, as indicated below:
Article 5.- Step 3: Payment of the premium
5.1 In accordance with what is stated in paragraph 13-C.1 of article 13-C of the Regulation, the payment of the premium is made quarterly, on the last business day of the month following the expiration of the months of March, June, September and December, in the payment method determined in the Regulation issued by the Board of Directors of the FSDC, and said payment must necessarily be made in the same currency as the deposit subject to coverage.
Article Third.- This Resolution enters into force the day after its publication in the Official Gazette El Peruano.
Register, communicate and publish.
MARIA DEL SOCORRO HEYSEN ZEGARRA
Superintendent of Banks, Insurance and AFP