Resolution SBS No. 6413-2014: Procedures for Registering Credit Information Reported in the Co-Debtors Report and Rectifications of Supplementary Information

Los Laureles Nº 214 - Lima 27 - Peru Tel.: Tel.: (511) 6309000 Fax: (511) 6309239 1 Lima, September 26, 2014 S.B.S. Resolution No. 6413 -2014 The Superintendent of Banks, Insurance and Private Pension Fund Administrators:
CONSIDERING:
That, by means of SBS Resolution No. 895-98 of September 1, 1998 and its modifying and complementary regulations, the Accounting Manual for Financial System Companies was approved, hereinafter Accounting Manual; That, the Accounting Manual contains Chapter V "Supplementary Information", forming part of said Chapter Annex No. 6 "Credit Report of Debtors - RCD"; That, by means of SBS Resolution No. 426-2006 of March 28, 2006 and its modifying and complementary regulations, the submission of the Co-obligors Report was approved, hereinafter RCM; That, with the aim of promoting greater transparency and better management of credit risk, it is necessary to establish the procedures for the adequate registration of the credit information reported by companies in the Co-Debtors Report and the Rectifications of Supplementary Credit Information, which form part of Annex No. 6; That, in order to collect the opinions of the general public regarding the proposed modifications to the financial system regulations, the draft resolution was pre-published on the electronic portal of the Superintendence, under the provisions of Supreme Decree No. 001-2009-JUS; Having the approval of the Adjunct Superintendencies of Banking and Microfinance, Risks, Economic Studies and Legal Advice; and, In exercise of the powers conferred by paragraphs 7 and 13 of Article 349 of the General Law; RESOLVES:

2
Los Laureles Nº 214 - Lima 27 - Peru Tel.: Tel.: (511) 6309000 Fax: (511) 6309239
Article First.- Approve the Procedures for the Registration of Credit Information Reported in the Co-Debtors Report and of the Rectifications of Supplementary Information, which forms part of this Resolution:
PROCEDURES FOR THE REGISTRATION OF CREDIT INFORMATION REPORTED IN THE CO-DEBTORS REPORT AND OF THE RECTIFICATIONS OF SUPPLEMENTARY INFORMATION
Article 1°.- Scope
This regulation applies to the companies indicated in letters A and B of Article 16 of the General Law, to the Bank of the Nation, to the Agropecuario Bank, to the Development Financial Corporation (COFIDE), to the Mivivienda Fund S.A., hereinafter companies, provided that they submit to this Superintendence the Credit Report of Guarantors (RCA), Report of Transferred Portfolio (RCT) and Co-Debtors Report.
Article 2°.- Definitions
For the purposes of the provisions of this regulation, the following definitions shall be considered:
a) Co-debtor: Refers to each of the persons obligated to pay a debt in the event of a claim by the creditor. This concept applies when two or more persons are obligated to pay a debt. It includes co-obligor debtors and joint debtors. b) Co-obligor debtor: Is the person who is part of a plurality of debtors of the same credit. The co-obligor or joint debtor, unlike the joint debtor, does not respond to the creditor for the entire debt, but exclusively for their share or corresponding part. c) Joint debtor: That person obligated to pay the total debt in the event of a claim by the creditor. The payment of the debt by one of the joint debtors extinguishes the obligation.
Article 3°.- Information to be sent to the Superintendence
Companies must send to the Superintendence the Co-Debtors Report (RCCOD), which replaces the Co-obligors Report (RCM), which will allow reporting on co-obligor debtors, as well as joint debtors. In the event that there are rectifications to the supplementary credit information to be reported, the Rectifications of Supplementary Information Report (RIC) will be used, which will allow correcting the information sent to the Risk Central in the reports of transferred portfolio, guarantors and co-debtors. The designs of the aforementioned reports, as well as the consolidated rectifications of supplementary information corresponding, are published on the Web page of the Supervised Portal, in the section referred to as "Co-debtors and rectification of supplementary information". The Co-obligors Report (RCM) will be replaced by the Co-Debtors Report (RCCOD) according to the deadline indicated in the following article.

3
Los Laureles Nº 214 - Lima 27 - Peru Tel.: Tel.: (511) 6309000 Fax: (511) 6309239
Article 4°.- Deadlines 1
Companies must send the new reports, as indicated below:
Report Frequency Deadline First submission to the Risk Central Co-Debtors Report (RCCOD) Monthly Up to 15 calendar days following the close of the period, together with the RCD The first reporting period corresponds to the information as of the close of May 2019 The aforementioned deadline will also apply to the reporting of joint group credits made through the RCCOD. In the case of the Rectifications of Supplementary Information Report (RIC), it will enter into force from May 1, 2015 2.
Article 5°.- Responsibility of companies
The information sent by the company will have the status of a sworn declaration, thereby assuming responsibility for what is reported in said medium.
Article 6°.- Update
The Superintendence may update the designs referred to in this regulation and/or send complementary instructions for its submission through a Multiple Office.
Article Second.- This resolution will enter into force from the day following its publication in the Official Gazette El Peruano.
Register, communicate and publish,
JAVIER POGGI CAMPODONICO
Superintendent of Banks, Insurance and
Private Pension Fund Administrators (a.i.)

1 Article modified by SBS Resolution No. 2170-2016 of 13/04/2016. Subsequently, modified by SBS Resolution No. 3362-2017 of 26/08/2017.
2
As provided in Article Second of SBS Resolution No. 3362-2017 of 26/08/2017, regarding the Rectifications of Supplementary Information Report (RIC), co-debtor information may be sent from the publication of the consolidated data as of the close of May 2019.