Rule · SBS · 22 Dec 2022 · Resolución SBS 3954-2022

Resolution SBS No. 3954-2022: Regulation for the Requirement of Conservation Buffers, by Economic Cycle and by Risk of Market Concentration

Companies using standard, Basic IRB, or Advanced IRB methods must maintain a 2.5% conservation buffer and calculate economic cycle and market concentration risk buffers, covered by Common Equity Tier 1 or ordinary Level 1 capital. The economic cycle buffer activates from June 30, 2024, requiring monthly calculations and reporting in Report No. 4-F. Market concentration risk buffers apply to Banking Companies, State Companies, and Investment Banks, with requirements phased in by December 2022 (75%) and December 2023 (100%). Non-compliance triggers restrictions on share purchases and distributions, requiring an adaptation plan within 30 days or potential operational suspension.

PeruSuperintendencia de Banca Seguros y AFP
Annotations and obligations
39 obligations · 4 permissions · 92 definitions · 4 reporting items
  • Obligation 39
  • Permission 4
  • Definition / condition 92
  • Reporting template 4
  • background, boilerplate

Lineage: In force

Regulation No. 001-2009-JUS of …Regulation No. 001-2009-JUS of 2009Resolution No. 0895-98: Account…1998Resolution No. 0895-98: Accounting Manual for Financial System Companies (1998-09-01)Resolution SBS No. 8425-2011: R…2011Resolution SBS No. 8425-2011: Regulation for the Requirement of Additional Effective Equity (2011-07-20)Resolution SBS No. 5780-2015: A…2015Resolution SBS No. 5780-2015: Approval of New Special Rules on Linkage and Economic Group (2015-09-24)SBS Resolution No. 2755-2018: R…2018SBS Resolution No. 2755-2018: Regulations on Infractions and Sanctions of the Superintendency of Banking, Insurance and Private Pension Fund Administrators (2018-07-16)SBS Resolution No. 03718-2021: …2021SBS Resolution No. 03718-2021: Modifying Annex I of the Regulation for the Evaluation and Classification of Debtors and the Requirement of Provisions and Substituting Annex No. 5-A Summary of Procyclical Provisions (2021-12-07)Resolution SBS No. 3952-2022: A…2022Resolution SBS No. 3952-2022: Amends the Regulation on the Requirement of Effective Capital for Credit Risk (2022-12-22)Resolution SBS No. 3954-2022:Regulation for the Requiremen…2022-12-22 · this documentResolution SBS No. 3954-2022: Regulation for the Requirement of Conservation Buffers, by Economic Cycle and by Risk of Market Concentration (2022-12-22)SBS Resolution No. 04345-2023: …2024SBS Resolution No. 04345-2023: Amending the Regulation for the Evaluation and Classification of Debtors and the Requirement of Provisions and Other Norms to Incorporate Definitions of Commitments into Norms Applicable to the Financial System (2024-01-04)Resolution SBS No. 00975-2025: …2025Resolution SBS No. 00975-2025: Approval of the Regulation on Economic Groups, Related-Party Transactions, Application of Operational Limits under Articles 201 to 204 of the General Law, and Large Exposures (2025-03-12)
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What changed in the obligations

Against Resolution SBS No. 8425-2011: Regulation for the Requirement of Additional Effective Equity (2011-07-20)

22 new obligations · 2 changed obligations · 2 amounts or limits changed · 1 deadline changed · 60 not carried over

16 obligations are the same in both texts.

Changed (5)
  • Amount or limit
    Before
    2. A marginal credit conversion factor will be considered, calculated by the company for a stress scenario, which must be applied to the balance of the contingent exposures indicated in Article 7°.
    Now
    14.1 For the calculation of the economic cycle buffer requirement, companies calculate a stress RWA using the following parameters: c) Instead of the Exposure at Default (EAD) calculated in accordance with the Regulation for the Requirement of Effective Equity for Credit Risk, a new stress EAD obtained by adding to the CCF of the contingent exposures referred to in Article 7 of this Regulation, a…
  • What must be done
    Before
    Any reduction below the level required by the methodology will require authorization from the Superintendence and will be subject to the prior approval of a plan containing actions to re-accumulate the capital used.
    Now
    16.2 In the event of any reduction below the level required by the methodology, the company is subject to the restrictions established in Chapter V of this Regulation.
  • Amount or limit
    Before
    Once the procyclical provisions are consumed, the company may reduce by 60% the effective equity accumulated according to the economic cycle rule indicated in Articles 10, 12, or 14.
    Now
    When the rule is deactivated, the economic cycle buffer requirement is equal to zero, and companies can use the accumulated Common Equity Tier 1 capital to cover the economic cycle buffer requirement.
  • What must be done
    Before
    In these cases, the requirement can be met in two ways, as indicated below: In this case, each company will calculate the corresponding requirement based on its Total RWA, but considering for this purpose the Market Concentration Risk Indicator of the Economic Group.
    Now
    In these cases, the requirement may be met in two ways, as indicated below: In this case, each company calculates the corresponding requirement based on its Total RAC, and must report it in Report No. 4-F, considering for this purpose the Market Concentration Risk Indicator of the Economic Group.
  • Deadline
    Before
    The manner in which the effective equity requirement for market concentration risk is covered must be reported to this Superintendence through a communication signed by the General Manager on the same date that Report No. 4-D is submitted.
    Now
    21.4 The manner in which the buffer requirement for market concentration risk is met must be communicated to this Superintendency by a communication signed by the General Manager once the Market Concentration Risk Indicator of the Economic Group has been determined and indicates that a buffer for market concentration risk is required.
New in this text (22)
  • That, Article 199-A of the General Law establishes that companies must maintain conservation buffers, by economic cycle and by market concentration risk, above the minimum requirements established in Article 199 of the same General Law.
  • These buffers must be covered with Common Equity Tier 1 capital;
  • These buffers must be covered with Common Equity Tier 1 capital.
  • 3.2 The conservation buffer must represent, at minimum, 2.5% of total risk-weighted assets and contingents.
  • The selected manner must be maintained until the company calculates the new requirement percentage according to the periodicity contemplated in Article 20 of this Regulation.
  • Said buffer is maintained permanently except in periods of stress or tension, as determined by this Superintendency.
  • Companies must maintain, as a minimum, a conservation buffer equivalent to 2.5% of total risk-weighted assets and contingencies.
  • This buffer must be constituted by ordinary Level 1 capital, after having covered the minimum requirements established in Article 199 of the General Law.
  • The company reports monthly the conservation buffer balance it maintains at the end of each month in Report No. 4-F.
  • The company must comply with the minimum requirements established for each buffer calculated according to the preceding Chapters, as well as the combined buffer requirement.
  • 27.1 The combined buffer requirement is covered with ordinary Level 1 capital after covering the minimum requirements established in Article 199 of the General Law.
  • 27.4 Companies report monthly the combined buffer requirement and the additional ordinary Level 1 capital in Report 4-F.
  • 28.1 The company that presents a combined buffer deficit may continue operating; however, while it maintains the combined buffer deficit, it cannot perform the following: i. Purchases of its own shares that count in effective Level 1 equity.
  • 28.1 The company that presents a combined buffer deficit may continue operating; however, while it maintains the combined buffer deficit, it cannot perform the following: ii. Distributions or allocations of effective Level 1 equity elements, with the exception of those indicated in Article 29 of this Regulation.
  • 28.2 The restrictions established in the preceding paragraph do not include the distribution of dividends in shares.
  • Article 29.- Limits on distributions
  • 29.1 The company that registers a combined buffer deficit may only perform the distribution of the distributable amount defined in accordance with what is indicated in Article 30 of this Regulation, and only according to the limits established below:
  • 29.2 The company wishing to perform a distribution above the limits established in the preceding paragraph must first replenish the combined buffer deficit.
  • The company that incurs a combined buffer deficit must submit to this Superintendency an adaptation plan approved by the Board of Directors, as established in Article 218 of the General Law, in which the mechanisms to replenish the combined buffer deficit must be indicated, as well as the timeframes in which such replenishment is carried out, within a maximum period of thirty (30) calendar days c…
  • The restrictions established in Chapter V of this Regulation are not applicable to the repurchase and/or repayment of preferred shares and subordinated debt issued by companies of the financial system and acquired by the State in compliance with the conditions established in Urgency Decree No. 037-2021, its Operational Regulation, and amendments, as long as the State's participation in said compa…
  • In the case of the buffer requirement for market concentration risk, by December 2022, 75% of the requirement must be met, which will be covered with effective equity.
  • By December 2023, 100% of the requirement must be met, which will be covered with ordinary Level 1 capital.
Not carried over (60)
  • To determine the level of additional effective equity, companies must have a process to evaluate the sufficiency of their effective equity based on their risk profile, which must follow the guidelines established by the Superintendence.
  • d) Interest rate risk in the banking book
  • However, the company may access the benefit of only having to comply with 75% of the effective equity requirement for the economic cycle, provided it has an agreement to capitalize future profits greater than or equal to 50% of the profits generated in the fiscal year.
  • The aforementioned agreement must be sent to the Superintendence.
  • In this case, the company must constitute the entirety of the effective equity for the economic cycle, even if it has a capitalization agreement that meets the requirements indicated in this article.
  • When the cyclical component is deactivated, the company must have exhausted the balance of procyclical provisions accumulated while the rule was active before reducing the balance of effective equity accumulated for the economic cycle.
  • To request such authorization, the company must present to the Superintendence a plan that substantiates the reasons leading it to request the permit and describes the actions to be taken to increase its effective equity by the time the component becomes active again.
  • For the company to be subject to the effective equity requirement for individual concentration risk, the direct credits of the 20 largest debtors of the company, applying the single risk criterion, must represent more than 5% of the company's total direct credits.
  • For the calculation of the effective equity requirement for individual concentration risk, the company must only consider the direct credits corresponding to its 20 largest debtors, applying the single risk criterion.
  • To determine the effective equity requirement for regional concentration risk, the concentration indicator of the company's direct credits segmented into the 8 macro-regions presented in Annex 2 must be calculated.
  • The calculation of the rates to obtain the concentration requirement described in Articles 24th to 26th will be carried out in the months of June and December.
  • The calculation of the effective equity requirement for concentration risk will be carried out on a monthly basis.
  • Companies must use interest rate risk measurement models in the banking book to calculate the Value at Risk (VaR).
  • For this purpose, the methodology established in Annex No. 7-B "Measurement of Interest Rate Risk – Value at Risk" of the Accounting Manual for Financial System Companies must be used.
  • The calculation of this requirement must be carried out on a monthly basis, for which Report 4-C must be used.
  • Companies must maintain levels of effective equity consistent with their credit risk propensity.
  • It is expected that the effective equity requirement can comfortably absorb losses from the default of its credit exposures.
  • In these cases, the company must maintain additional equity for the concept of risk propensity.
  • For the calculation of the effective equity requirement for risk propensity, the company must compare, at the end of March of each year, the ratio resulting from dividing the annual expense in specific provisions by the effective equity requirement obtained according to the Regulation for the Effective Equity Requirement for Credit Risk, obtained for each of the last 5 years.
  • If the median of the ratio calculated for the last 5 years exceeds 75%, the company must constitute additional effective equity for its greater risk propensity.
  • Companies that require maintaining additional effective equity for risk propensity according to the methodology indicated in Annex 4 must report monthly in Report 4-D the percentage they must use to calculate the additional effective equity for this risk.
  • Companies that have voluntary general provisions not included as Level 2 effective equity may use up to 70% of said provisions to decrease the additional effective equity requirement of the non-cyclic components (concentration risk, market concentration risk, interest rate risk in the banking book, and other risks).
  • The effective equity requirement for the economic cycle may in no case be offset with voluntary provisions.
  • Pro-cyclical provisions cannot be considered as voluntary provisions.
  • Companies that use voluntary provisions to decrease the additional effective equity requirement of the non-cyclic components cannot use said provisions to net exposures when calculating risk-weighted credit assets.
  • Companies may access the benefit of only having to comply with 75% of the effective equity requirement for the economic cycle calculated in each adaptation period according to what is contemplated in Article 16 of this regulation.
  • In cases where the cyclical component is activated, companies will have one year to reach the level of additional required effective capital for the economic cycle resulting from the application of the methodology described in this Regulation.
  • If a company calculates its effective capital requirement for credit risk using the advanced IRB method for a very important percentage of its credit portfolio (more than 75%), the company may develop its own models for the estimation of additional requirements for concentration risk.
  • If a company calculates its effective capital requirement for market risk using internal models, the company may develop its own models for the estimation of additional requirements for interest rate risk in the banking book.
  • The steps for calculating the Market Concentration Risk Indicator are as follows: a. Companies required to calculate the Market Concentration Risk Indicator according to what is indicated in the second paragraph of article 30 of this Regulation must report to this Superintendence the information required in Report No. 4-E, corresponding to the December closing of each year, no later than the last…
  • These reports must be sent monthly, starting from the information corresponding to the month of January 2012, through the SUCAVE Capture and External Validation Submodule, within a period not exceeding fifteen (15) calendar days from the end of the month to which the information corresponds, according to the formats attached.
  • The procedure for calculating stressed credit risk assets and contingent liabilities (APR) is similar to that used to obtain APR in Report No. 2-A2. However, the company must use the probability of default (PD), loss given default (LGD), and credit conversion factors (CCF) that incorporate a stress situation, as stated in the Regulation for the Requirement of Additional Effective Equity.
  • For companies using the Fundamental IRB: 1. In column 2, the PD corresponding to the recessionary part of an economic cycle will be recorded for each qualification grade of each IRB portfolio held by the company.
  • 1. In column 2, the PD corresponding to the recessionary part of an economic cycle will be recorded for each qualification grade of each IRB portfolio held by the company.
  • 3. To determine the distribution of EAD of exposures in columns 19 to 25, stress LGDs estimated by the company will be considered.
  • 1. Register the direct credits of the 20 main debtors of the company applying the single risk criterion, as well as the total of said exposures.
  • Companies must consider their gross exposures, that is, without deducting the provisions constituted.
  • Likewise, accrued interest, deferred amounts, or prepaid charges should not be computed.
  • In the case of financial leases, non-accrued interest should not be considered.
  • 2. Register the company's effective equity corresponding to the month prior to the reporting date.
  • 3. Calculate the percentage of effective equity that the direct credits of the 20 main debtors represent, applying the single risk criterion.
  • 1. Add the company's direct credits in 19 sectors according to what is specified in the following table and register them in column (1).
  • 3. Square the participation of each of the 19 sectors, register said values in the "squared participation" column and register the aggregate of them in cell B.
  • 4. Calculate the concentration coefficient by obtaining the inverse of the value of cell B and register it in cell C.
  • 5. Register the direct credits corresponding to consumption credits in cell D.
  • Notes: 1. Add the company's direct credits in 8 macro regions, according to what is specified in the following table, and register them in column (1).
  • 2. Adjust the direct credits by population, for which the credits in each macro region will be divided by the percentage of population living in each macro-region (column 2).
  • 3. For each of the 8 macro regions, calculate its participation in the total direct credits using the information from column (3) and register said participations in column (4).
  • 4. Square the participation of each of the 8 macro regions and multiply it by 1 minus the value indicated in column (5), register said values in column (6) and register the aggregate of the same in cell B.
  • 1. In cell A, the company must register the "Risk-based capital value" according to the information reported in Annex No. 7 "Measurement of interest rate risk" of the Accounting Manual for Financial System Companies.
  • 2. In cell B, the company must register the total effective equity of the month prior to the reporting date, according to the information reported in Report No. 3 "Effective Equity".
  • 3. In cell C, the percentage of effective equity that represents the risk-based capital value must be registered.
  • - In cells A and B, the company will report the level of minimum equity required for credit risk and for credit, market, and operational risk, as indicated in Report 2D.
  • - In cell C, the company will report the effective equity requirement for the economic cycle.
  • When the rule for the effective equity requirement for the economic cycle is deactivated, the company will report in cell C the balance of effective equity maintained after its use.
  • - In cells D, F, and I, the company will report the percentages calculated according to the methodologies described in the Regulation for the Requirement of Additional Effective Equity, its annexes, and respective reports.
  • - In cells E, G, H, and J, the company will report the minimum amount requirement for each component of additional effective equity, which must match the amounts reported in reports 4A, 4B, and 4C.
  • - In cell K, the company will report the balance of voluntary generic provisions not included as Level 2 effective equity, which it will use to decrease the additional effective equity requirement of the non-cyclic components.
  • - In the "total effective equity requirement" row (cell N), the company will report the total effective equity requirement, which is equal to the sum of the effective equity requirement for credit, market, and operational risk (B) plus the total additional effective equity requirement (M).
  • - In the "Effective Equity (EE)" row, the company will report the total effective equity referred to in Article 184° of the General Law, which is reported in Report 3.

“Not carried over” means the sentence has no counterpart in this text; the rule can still be in force in another text.

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