Resolution SBS No. 439-2021: Authorizes the Cooperative Deposit Insurance Fund to begin collecting premiums from member Savings and Credit Cooperatives in April 2022; modifies provisions of the third supplementary final provision

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

Lima, February 12, 2021
Resolution S.B.S.
No. 439-2021

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 the Organic Law of the Superintendence of Banks and Insurance - Law No. 26702 and its modifying norms, hereinafter referred to as the General Law, replacing the Twenty-Fourth Final and Supplementary Provision, referring to Savings and Credit Cooperatives Not Authorized to Collect Resources from the Public (COOPAC);

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

That, through Resolution SBS 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 whose main object is to protect those who make deposits in COOPACs within the scope and limitations established in the General Law and the Regulations of the FSDC was formalized;

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 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 ones that COOPAC members of the FSDC had to pay, should take place in the month of April of this year, as specified in the third supplementary final provision of said Regulations;

That, through Supreme Decree No. 008-2020-SA, a Health Emergency at the national level was declared 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 and No. 031-2020-SA; and through Supreme Decree No. 184-2020-PCM a State of National Emergency was declared due to serious circumstances affecting the lives of people as a consequence of COVID-19, establishing the measures that the citizenry must follow in the new social coexistence, which was extended by Supreme Decree No. 201-2020-PCM and Supreme Decree No. 08-2021-PCM, without it being possible to determine the date on which the restrictions imposed within the framework of the health emergency will be lifted;

That, through Resolution SBS No. 1266-2020, expanded by Resolution SBS No. 1439-2020, 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 2021, in accordance with the rules established in its Regulations 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 provided in the second paragraph of the third supplementary final provision of the Regulations of the FSDC;

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

Having the previous technical report and positive viability report of the norm from the Adjunct Superintendence of Cooperatives and with the approval of the Adjunct Superintendences of Cooperatives 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 of the Insurance System and the Organic Law of the Superintendence of Banks and Insurance, Law No. 26702 and its modifications, and based on the exception conditions set forth 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 member Savings and Credit Cooperatives must pay, in the month of April of the year 2022, in accordance with the rules established in its Regulations 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.

Article Second.- Modify what is provided in the second paragraph of the third supplementary final provision of Resolution SBS 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 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.

Los Laureles Nº 214 - Lima 27 - Perú Telf.: (511) 6309000 Fax: (511) 6309239 Register, communicate and publish.
MARIA DEL SOCORRO HEYSSEN ZEGARRA
Superintendent of Banks, Insurance and AFP