Rule · NBKR · 12 Sep 2012 · 51-585
JSC "Financial Company of Credit Unions" (FKKS) must maintain capital adequacy ratios of at least 12% for total capital and 6% for tier 1 capital, and a liquidity ratio of not less than 30%. FKKS must not exceed 10% of net total capital for investments in any single organization, 50% for total investments, 25% for government securities, 10% for non-state debt, and 50% of paid-up charter capital for real estate. Daily by 9:00 a.m., FKKS must submit electronic and paper reports on term deposit risk ratios to the National Bank. Monthly by the 12th day, FKKS must provide reports on economic ratios, problematic loans, and the Periodic Regulatory Bank Report, publishing compliance data within 30 days of each quarter's end.
ATTENTION!
Changes introduced by Resolution of the Board of the National Bank of the Kyrgyz Republic of September 28, 2021 No. 2021-P-33/53-10, take effect from January 1, 2022
| Appendix to Resolution of the Board of the National Bank of the Kyrgyz Republic | ||
| of September 12, 2012 No. 37/3 |
RULES regulating the activities of JSC "Financial Company of Credit Unions"
(In the edition of the Resolutions of the Board of the National Bank of the Kyrgyz Republic of June 15, 2017 No. 2017-P-12/25-12, August 15, 2018 No. 2018-P-33/33-8, September 28, 2021 No. 2021-P-33/53-10-(FKKS))*
1. General Provisions
1. (Lost force in accordance with Resolution of the Board of the National Bank of the Kyrgyz Republic of June 15, 2017 No. 2017-P-12/25-12)
The National Bank of the Kyrgyz Republic (hereinafter - the National Bank) establishes economic ratios and requirements mandatory for compliance by the open joint-stock company "Financial Company of Credit Unions" (hereinafter - FKKS) in order to preserve the stability of the financial system and protect the interests of creditors, reduce the risk of non-repayment of provided loans and leases, and maintain the established size of FKKS capital.
FKKS may establish higher requirements for economic ratios and requirements in order to further reduce risks, without violating the values of ratios and requirements established by these Rules and other normative legal acts of the National Bank.
The National Bank determines the policy for applying measures of impact on FKKS in accordance with the legislation of the Kyrgyz Republic.
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic of June 15, 2017 No. 2017-P-12/25-12)*
the ratio of the maximum size of risk on deposits of credit unions payable on demand (K3.1);
the ratio of the maximum size of risk on term deposits of credit unions and other liabilities to credit unions (K3.2);
the ratio (indicator) of liquidity (K4).
The procedure for calculating currency position limits is determined by the National Bank of the Kyrgyz Republic.
2. Maximum Size of Risk per One Borrower (K1)
B. The ratio of the maximum size of risk per one borrower is determined by the formula:
K1 = SB / NC * 100 (<=) 25%,
where:
SB - the size of the total debt of the borrower on loans, factoring, financial leasing (lease), off-balance sheet liabilities (liabilities for issuing a loan to a credit union and its participant), as well as on other issued funds that are credit substitutes in nature. All debts of various borrowers, when calculating the maximum risk ratio per one borrower, must be summed up and considered as a single total debt, if the non-repayment of debt by one borrower inevitably entails problems with the repayment of debt by another borrower. In this regard, when considering the debt of various borrowers for the purpose of summing them up as a single risk, one should take into account the degree of interconnection of borrowers, the state of the industry (sub-industry) into which the funds were issued, the credit history of borrowers, the proposed terms for debt repayment, etc.;
NC - the net total capital of FKKS, the procedure for calculating which is determined in accordance with the Instruction on determining the standards of sufficiency (adequacy) of capital of commercial banks of the Kyrgyz Republic, approved by Resolution of the Board of the National Bank (hereinafter - Instruction on determining the standards of sufficiency (adequacy) of capital of commercial banks of the Kyrgyz Republic).
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic of June 15, 2017 No. 2017-P-12/25-12)*
In the event that the value of the net total capital of FKKS becomes equal to zero or a negative value, then the ratio of the maximum size of risk per one borrower is not calculated and it is considered that the ratio is not complied with.
FKKS must not issue loans and other assets equated to them and off-balance sheet liabilities to one borrower and persons and companies associated with him in the event that an increase in the size of the total debt of this borrower will lead to a violation of the permissible size of the ratio of the maximum risk per one borrower.
3. Standard of Capital Sufficiency (Adequacy) (K2)
K2.1 - Standard of sufficiency (adequacy) of total capital; K2.2 - Standard of sufficiency (adequacy) of tier 1 capital.
The calculation of coefficients K2.1 and K2.2 is carried out in accordance with the Instruction on determining the standards of sufficiency (adequacy) of capital of commercial banks of the Kyrgyz Republic.
The value of the standard of capital sufficiency (adequacy) of FKKS:
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic of June 15, 2017 No. 2017-P-12/25-12)*
4. Ratio of Maximum Size of Risk on Liabilities to Credit Unions (K3)
K3.1 = NC / DVCU * 100%,
where:
NC - net total capital of FKKS;
DVCU - the sum of deposits of credit unions payable on demand.
K3.2 = NC / TDCU * 100%,
where:
NC - net total capital of FKKS;
TDCU - the sum of term deposits of credit unions.
These ratios, as well as their values, are established by decision of the Supervisory Committee of the National Bank.
FKKS must comply with the ratio of the maximum size of risk on deposits of credit unions payable on demand (K3.1) during the reporting period (one month) based on weekly average indicators, and the ratio of the maximum size of risk on term deposits of credit unions (K3.2) - on a daily basis. During the reporting period, FKKS must calculate the weekly average values of deposits of credit unions payable on demand, taking into account only working days. Average indicators are calculated using the method of calculating arithmetic means.
Daily by 9:00 a.m., FKKS must submit to the National Bank in electronic form a report according to Section 14.B. Appendix 1 on compliance with the ratio of the maximum size of risk on term deposits (K3.2) as of the end of the previous business day.
This report, certified by the signature of the head of FKKS, is also submitted to the National Bank on paper.
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic of August 15, 2018 No. 2018-P-33/33-8)*
5. Ratio (Indicator) of Liquidity (K4)
The ratio (indicator) of liquidity must be maintained at a level of not less than 30%.
The ratio (indicator) of liquidity is determined by the formula:
K4 = LA / O * 100%,
where:
LA - liquid assets, which include:
cash in the cash register;
funds in settlement accounts;
government securities issued by the Government of the Kyrgyz Republic and the National Bank. These securities, when calculating the ratio (indicator) of liquidity, are taken into account minus the premium (discount), unrealized profit (losses);
highly liquid securities purchased under a REPO agreement.
O - liabilities of FKKS, which for the calculation of the ratio (indicator) of liquidity include:
Any liquid assets that serve as collateral for assets provided to credit unions or their participants are excluded from the composition of liquid assets.
When calculating the ratio (indicator) of liquidity, deposits accepted by FKKS and serving as collateral for assets provided to credit unions or their participants are not included in the composition of FKKS liabilities, if FKKS has the necessary procedures and control system guaranteeing that the pledge will not be withdrawn before the loan repayment date.
In order to reduce liquidity risk, the management of FKKS must carry out daily management of assets and liabilities. FKKS must comply with the ratio (indicator) of liquidity during the reporting period (one month) based on weekly average data. During the reporting period, FKKS must calculate the values of weekly average liquid assets and short-term liabilities of FKKS (only working days are included in the calculation of weekly average values). Average indicators are calculated using the method of calculating arithmetic means.
FKKS must develop a liquidity risk management policy, which must include, at a minimum, the following:
daily measurement and monitoring of fund inflows and outflows, as well as daily monitoring of maturity gaps in FKKS assets and liabilities to control daily liquidity needs and ensure fulfillment of obligations;
forecasting of required liquidity;
structure and assessment of the stability of the deposit base and other borrowed funds;
cost of resources;
ability to borrow in the money market;
quality of assets;
fulfillment of off-balance sheet obligations;
planning for liquidity crisis scenarios;
liquidity management in foreign currencies;
internal control over liquidity risk management;
necessary management reporting.
6. Maximum Size of Any Investments in Each Organization or Bank
The maximum size of any investments in each organization or bank, including any financial investments and loans to each organization or bank, must not exceed 10% of the size of the net total capital of FKKS.
The total size of any investments in organizations and/or banks must not exceed 50% of the size of the net total capital of FKKS.
If FKKS intends to invest in the capital of any organization or bank for the purpose of long-term investment, and not for the purpose of trading shares, in an amount exceeding 5% of its net total capital, then FKKS is obliged to notify the National Bank in writing 40 calendar days before the start of the investment, attaching the following documents/information:
1) information on the purpose and terms of investment;
2) calculation of investment profitability for the next two years;
3) general information about the organization (name, location, organizational and legal form, types of activities, how long it has been working in the market, information on owners and managers);
4) information on the presence of common interests between the organization or bank and persons associated with FKKS or affiliated persons of FKKS;
5) information on loans and other types of financing ever provided by FKKS to this organization or bank, and their repayment;
6) financial statements of the organization for the last two years (certified by an external auditor if available in accordance with the legislation).
For the exercise of its functions, the National Bank has the right to request any additional information from FKKS.
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic of June 15, 2017 No. 2017-P-12/25-12)*
the results of the last inspector's inspection or information obtained within the framework of external supervision showed the presence of a threat to the financial stability and reliability of FKKS or the interests of credit unions that are depositors of FKKS, and other creditors of FKKS;
the implementation of the investment will be associated with the involvement of FKKS in unhealthy and unsafe practice of conducting its operations, in violation of banking legislation, requirements of the National Bank or written agreements of FKKS with the National Bank;
for any reason, FKKS cannot monitor this investment;
the National Bank is aware of facts indicating improper business reputation of the organization or bank, their officials, as well as facts that the previous activities of the organization or bank, their officials contributed to the bankruptcy or significant financial losses of any legal entity;
FKKS provided documents/information in full or provided false information.
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic of June 15, 2017 No. 2017-P-12/25-12)*
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic of June 15, 2017 No. 2017-P-12/25-12)*
7. Maximum Size of Investments in Real Estate (Fixed Assets)
The maximum size of investments in real estate (fixed assets) must not exceed 50% of the size of the paid-up charter capital of FKKS.
For the purposes of these Rules, real estate is understood to be property (including construction/installation real estate) that belongs to FKKS or is at the disposal of FKKS under a financial lease agreement and is used/will be used as a fixed asset.
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic of June 15, 2017 No. 2017-P-12/25-12)*
Real estate at the disposal of FKKS under a financial lease agreement must be included in the calculation of the maximum size of investments in real estate (fixed assets) at the initial cost minus the current size of liabilities under the financial lease.
FKKS may have real estate intended for creating working and leisure conditions for employees, provided that the book value of this property is included in the calculation of the maximum size of investments in real estate (fixed assets).
When revaluing the cost of real estate, as a result of which the maximum size of investments in real estate (fixed assets) will be violated, FKKS provides a letter-commitment to the National Bank that within 12 months from the date of revaluation, it will bring the size of investments in real estate (fixed assets) into compliance with the requirements of the National Bank.
Property received by FKKS in repayment of debt on issued loans may be accepted by FKKS as a fixed asset upon compliance with the requirements of legislation and fulfillment of the following conditions:
acceptance of property as a fixed asset will not entail a violation of the maximum size of investments in real estate;
the term of its commissioning must not exceed 18 months.
If the cost of the property exceeds 10% of the net total capital of FKKS, then the decision to accept it as a fixed asset in repayment of debt on issued loans must be made by the Board of Directors.
8. Size of Investments in Securities of the Government of the Kyrgyz Republic and Non-State Debt Securities
The total size of FKKS investments in securities of the Government of the Kyrgyz Republic at book value must not exceed 25% of the size of the net total capital of FKKS.
The total size of FKKS investments in non-state debt securities at book value must not exceed 10% of the size of the net total capital of FKKS.
9. Minimum Requirements for Limiting Concentration Risk
The sum of the total debt of one borrower equal to or exceeding 10% of the net total capital of FKKS requires special attention from FKKS and constant assessment of the financial condition of such a borrower. Such a size of total debt is considered large.
Employees of FKKS must not be participants of credit unions and receive loans from FKKS.
FKKS must have and comply with a risk management policy, including concentration risk. The concentration risk management policy (hereinafter - policy) must take into account, at a minimum, the following issues:
when lending to credit unions for refinancing participants of credit unions, FKKS must identify and manage concentration risk based on applications from participants of credit unions, as well as monitor the targeted use of loans by participants of credit unions;
when lending to credit unions, FKKS must take into account the interconnection of various industries of the economy into which credit unions refinance funds;
concentration of risk in credit unions on loans of credit unions directed to the same industry (sub-industry) must be considered as a share of all loans issued by credit unions;
FKKS must assess the sizes of various types of collateral. Concentration of risk manifests itself in the concentration in FKKS of one type of collateral for loans;
when carrying out financial leasing operations with a participant of a credit union, FKKS must consider a group of related persons as a single client, and all amounts of various types of assets of FKKS provided to the group of related persons must be summed up and considered as a single risk;
concentration risk must also be diversified depending on the term and schedule of loan repayment, region (area), type and volume of collateral, type of currency;
when managing concentration risk, FKKS must assess the effectiveness of risk diversification in its activities.
a) sizes of invested/provided funds of FKKS:
in certain types of assets, including by currency;
to one borrower;
in a certain area (region) of the republic;
by types of currencies;
b) sizes of certain types of liabilities, including by currency;
c) sizes of various types of collateral.
maximum size of total total debt of one borrower;
loans and other types of debt of one borrower as a share of net total capital. The established limitation value of FKKS must not violate the values of ratios established by these Rules;
certain types of assets as a share of the sum of all assets;
investments, loans and assets equated to them invested in one type of activity (industry of the economy) as a share of all assets;
investments, loans and assets equated to them invested in a certain area (region) of the republic as a share of all assets;
by types of currencies in terms of assets and liabilities;
ten largest loans and assets equated to them provided by FKKS to its borrowers as a share of all loans provided by FKKS;
ten largest loans and assets equated to them provided by FKKS to persons associated with FKKS as a share of all loans provided by FKKS;
ten largest sources of financing as a share of the sum of all liabilities of FKKS;
certain types of collateral for loans as a share of the sum of all collateral.
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic of June 15, 2017 No. 2017-P-12/25-12)*
The Board of Directors and the Board of FKKS must periodically review the concentration risk management policy.
10. Procedure and Terms for Submission of Information on Compliance with Economic Ratios, Regulatory and Other Reporting
In order to ensure adequate regulation of the activities of FKKS and credit unions, FKKS must submit to the National Bank information on compliance with economic ratios, information on the quality of the loan portfolio, regulatory reporting, as well as other additional information as necessary and in accordance with a written request of the National Bank.
FKKS must submit to the National Bank reporting on the fulfillment of economic ratios as part of the Periodic Regulatory Bank Report according to the form of Appendix 1 to these Rules.
43.1. Daily FKKS must provide a report on compliance with the ratio of maximum risk on term deposits of credit unions according to Appendix 1.
43.2. No later than the 12th day of the month following the reporting period, FKKS must provide the following reporting monthly:
a) Information on compliance with economic ratios and requirements of FKKS according to Appendix 1 to these Rules;
b) Information on problematic loans and leases of the FC CU according to Appendix 3 to these Rules;
c) Information on loans and leases of the FC CU according to Appendix 4 to these Rules;
c) Periodic Regulatory Banking Report (PRBR) by sections.
43.3. The FC CU must provide the full version of the PRBR quarterly.
All reports must be countersigned in the manner established for confirming PRBR information.
Reporting on the fulfillment of economic norms must be published in mass media of republican significance in the state and/or official language according to the form of Appendix 2 to these Rules.
Reporting on the fulfillment of economic norms must be published within 30 days from the end of each quarter.
The FC CU selects mass media for publishing quarterly reporting on the fulfillment of economic norms to ensure its wide dissemination and accessibility to users.
Information about the publication, along with a copy of the publication, must be submitted to the National Bank within 3 working days after publication.
The financial reporting of the FC CU (balance sheet, statement of comprehensive income, statement of cash flows, statement of changes in equity, notes to financial statements, balance sheet as of the same period of the previous year) is submitted to the National Bank in accordance with the requirements of the National Bank regarding the formation, publication, and submission to the National Bank of the FC CU's financial reporting.
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic dated September 28, 2021 No. 2021-P-33/53-10-(NF KU)*
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic dated June 15, 2017 No. 2017-P-12/25-12)
11. Control over compliance with economic norms and requirements
Control over the FC CU's compliance with economic norms and requirements is carried out by the authorized structural subdivision of the National Bank.
Verification of the FC CU's compliance with economic norms and requirements that must be calculated daily/weekly may be conducted as of any date based on the FC CU's balance sheet.
Upon discovery of facts of non-compliance by the FC CU with economic norms and requirements established by these Rules, failure to submit or submission of unreliable and/or incomplete information, failure to meet deadlines for publishing reporting on the fulfillment of economic norms, as well as the commission of violations in activities, the National Bank applies enforcement measures to the FC CU in accordance with the Law of the Kyrgyz Republic "On the National Bank of the Kyrgyz Republic, Banks and Banking Activity" and relevant normative legal acts of the National Bank.
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic dated June 15, 2017 No. 2017-P-12/25-12)
| Appendix 1 to the Rules for Regulating the Activities of the Joint Stock Company "Financial Company of Credit Unions" |
INFORMATION on compliance with economic norms of the Joint Stock Company "FC CU" as of "_" ______ 20 year.
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic dated June 15, 2017 No. 2017-P-12/25-12)
| Name of norms | Designation | Calculation of the norm | Actual value of the norm | Established value of the norm | Deviation from the established norm |
| Maximum risk size for one borrower | K1 | SB ------- ------ CSK | not more than 25% | ||
| Capital adequacy standard | K2.1 | CSK ------- ------ CRA | not less than 12% | ||
| K2.2 | CPUC ------- ------ CRA | not less than 6% | |||
| Liquidity norm (indicator) | K4 | LA ------- ------ O | not less than 30% |
| Average values for the reporting period | 1 week | 2 week | 3 week | 4 week | 5 week | Average value for the month |
| LA - Liquid assets | ||||||
| O - Liabilities of the FC CU | ||||||
| Norm K4 = LA / O * 100% |
14.A. Report on compliance with the maximum risk size norm for demand deposits of credit unions (K3.1)
| Average values for the reporting period | 1 week | 2 week | 3 week | 4 week | 5 week | Average value for the month |
| CSK - Net total capital of the FC CU | ||||||
| DVKS - Sum of demand deposits of credit unions | ||||||
| K3.1 = CSK / DVKS * 100% |
14.B. Daily report on compliance with the maximum risk size norm for term deposits of credit unions and other liabilities to credit unions (K3.2)
| Date | K 3.2 | ||
| CSK | SDKS | Actual value of K3.2 = CSK / SDKS * 100% | |
| 01.03.20__ year | |||
| 02.03.20__ year | |||
| 03.03.20__ year | |||
| 04.03.20__ year | |||
| ... | |||
| ... | |||
| 31.03.20__ year |
14.C. Report on fulfillment of National Bank requirements
| Designation | Actual value | Established value |
| Maximum size of any investments in each organization or bank | Not more than 10% of CSK | |
| Total size of any investments in organizations and/or banks | Not more than 50% of CSK | |
| Maximum size of investments in real estate (fixed assets) | Not more than 50% of the size of the paid-up charter capital of the FC CU | |
| Size of investments in securities of the Government of the Kyrgyz Republic | Not more than 25% of CSK | |
| Size of investments in non-state debt securities | Not more than 10% of CSK |
Signature ______
| Appendix 2 to the Rules for Regulating the Activities of the Joint Stock Company "Financial Company of Credit Unions" |
INFORMATION(*) on compliance with economic norms for the ______ quarter of 20__ year. as of "_" ______ 20 year. Joint Stock Company "Financial Company of Credit Unions"
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic dated June 15, 2017 No. 2017-P-12/25-12)
| Name of economic norms | Established value of the norm | Actual value of the norm |
| Maximum risk size for one borrower (K1) | not more than 25% | |
| Capital adequacy standard of total capital (K2.1) | not less than 12% | |
| Capital adequacy standard of Tier 1 capital (K2.2) | not less than 6% | |
| Liquidity norm (indicator) (K4) | not less than 30% |
(*) This information is subject to disclosure in accordance with Art. 17, 125, 128 of the Law of the Kyrgyz Republic "On the National Bank of the Kyrgyz Republic, Banks and Banking Activity".
| Appendix 3 to the Rules for Regulating the Activities of the Joint Stock Company "Financial Company of Credit Unions" |
INFORMATION on problematic loans and leases of the FC CU as of "_" ______ 20 year.
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic dated June 15, 2017 No. 2017-P-12/25-12)
| Name of CU(*) | Sum of total creditor debt | Classification | Sum of repayment for the reporting period | Sum of repayment cumulative from the beginning of the year as of the reporting date | Type of accepted collateral | Sum of collateral | Sum of restructuring | Restructuring conditions | Current status of execution of measures (for the reporting period) for loan repayment | |||||
| principal loan amount | interest | before restructuring | after restructuring | principal loan amount | interest | principal loan amount | interest | principal loan amount | interest | |||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 |
(*) Information is specified for each credit union with grouping by regions.
Signature ______
| Appendix 4 to the Rules for Regulating the Activities of the Joint Stock Company "Financial Company of Credit Unions" |
INFORMATION on loans and leases of the FC CU as of "_" ______ 20 year.
(In the edition of the Resolution of the Board of the National Bank of the Kyrgyz Republic dated June 15, 2017 No. 2017-P-12/25-12)
| N | Name of CU, Borrower's Full Name | Region | Date of license issuance | Repaid loans | Initial loan amount approved by CC for active loans | % rate | Loan balance, som | Repayment date | Loan purpose | Loan classification | Sum of RPPU | Overdue in days | Number of restructurings | Collateral in % | Type of collateral | Conducted measures | ||||
| Quantity | Sum | N | Date | Sum | On principal amount | On % | ||||||||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 |
| 1 | Loans to FC CU employees | |||||||||||||||||||
| 2 | Loans and leases of CUs(*) |
(*) Information is specified for each credit union with grouping by regions.
Signature ______
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A newer document in RegAlert amends this one; it applies as amended.
“To amend the following resolutions of the Board of the National Bank of the Kyrgyz Republic (attached): "On Approval of the Rules for Regulating the Activities of OJSC 'Financial Company of Credit Unions'" of 12 September 2012 No. 37/3;”
“To introduce amendments to the following resolutions... "On Approval of the Rules for Regulating the Activities of OJSC 'Financial Company of Credit Unions'" of 12 September 2012 No. 37/3”
“1. Make amendments to the following resolutions of the Board of the National Bank of the Kyrgyz Republic (attached): "On Approval of the Rules for Regulating the Activities of JSC "Financial Company of Credit Unions" from September 12, 201…”
“Make the following amendments and additions to the Resolution of the Board of the National Bank of the Kyrgyz Republic "On Approving the Rules for Regulating the Activities of the Specialized Financial-Credit Institution JSC 'Financial Com…”
Amended 4 times · last 2023-12-08
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