Rule · SBS · 29 Dec 1995 · Resolución SBS 0962-1995
Derramas and Cajas de Beneficios, or any other fund receiving resources from affiliates, members or associates, must register with the Superintendency of Banking and Insurance's Registry of Derramas and Cajas de Beneficios - Law No. 26516, submitting general information (denomination, RUC, legal domicile, governing bodies, public deed, current fund situation) and economic-financial information (financial statements for the last two fiscal years with external auditor reports, actuarial plan, financial regime). Repealed by SBS Resolution No. 02738-2023 published on 22/08/2023.
Lima, 29 December 1995
The Superintendent of Banking and Insurance
That, Law No. 26516 incorporates into the control and supervision of the Superintendency of Banking and Insurance, the Derramas and Cajas de Beneficios created by Decree No. 21021, Supreme Decrees Nos. 01 and 78 of 1965 and Supreme Decree No. 030 of 1966, as well as any other Fund that receives resources from its affiliates, members or associates, for the purpose of allocating them to the provision of benefits consisting of the granting of severance, retirement or similar pensions or additional to these, whatever their denomination, or form of constitution;
That, in the First Final and Transitory Provision of Law No. 26516, it empowers the Superintendency of Banking and Insurance to create a Registry of Derramas, Cajas de Beneficios and other Funds, in which the funds included in the scope of the Law and those entities that have not adapted to the scope of the Law of the Private Pension Administration System - Decree Law No. 25987 must register;
That, Supreme Decree No. 160-95-EF approving the "Regulation of Control and Supervision of Derramas, Cajas de Beneficios - Law No. 26516" provides that the Caja de Pensiones Militar-Policial, Caja de Beneficios y Seguridad Social del Pescador, Derrama Magisterial and the Derrama de los Cesantes y Jubilados del Ramo de Educación Pública, are automatically registered in the "Registry of Derramas, Cajas de Beneficios - Law No. 26516";
That, the Regulation of Control and Supervision of Derramas, Cajas de Beneficios - Law No. 26516", empowers the Superintendency of Banking and Insurance to progressively incorporate other Funds into its control and supervision, for which it shall provide for their registration in the "Registry of Derramas, Cajas de Beneficios - Law No. 26516";
That, in accordance with the powers conferred in the Organic Law of the Superintendency of Banking and Insurance and in accordance with the provisions of Law 26516;
Article 1.- Create in the Superintendency of Banking and Insurance the "REGISTRY OF DERRAMAS AND CAJAS DE BENEFICIOS - LAW No. 26516", in which the Derramas and Cajas de Beneficios or any other fund that receives resources from its affiliates, members or associates must register, for the purpose of allocating them to the provision of benefits consisting of the granting of severance, retirement or similar pensions or additional to these, whatever their denomination, or form of constitution.
Article 2.- The Caja de Pensiones Militar-Policial, Caja de Beneficios y Seguridad Social del Pescador, Derrama Magisterial and the Derrama de los Cesantes y Jubilados del Ramo de Educación Pública, are automatically registered in the "Registry of Derramas, Cajas de Beneficios - Law No. 26516".
Article 3.- For registration, the institutions included in the Law must present the supporting information indicated below:
a) Denomination/Corporate Name.
b) Legal provisions of creation, regulation and others of specific interest.
c) Single taxpayer registry (RUC).
d) Legal Domicile (Legal Department (Department, Province, District, Urbanization, Street) of the Main Office or Central Headquarters, indicating its telephones, Fax, Postal Box or others.
e) Denomination of its Governing Bodies. Management and Control, detailing the names and surnames of its members, indicating the period of exercise of the position. Information must be presented regarding the members of Commissions and Committees or existing Advisory Bodies.
f) Public Deed of Constitution, Statute, Regulation or other similar documents as applicable, as well as the modifications they have had (include information on registration in the Public Registries when pertinent).
g) Current situation of the Fund (indicate if it is in normal operation, intervention, temporary recess, etc.) attaching the corresponding supporting documentation.
h) Organization and Functions Manual and other internal regulations.
a) Financial Statements corresponding to the last two fiscal years, attaching a copy of the reports of the External Auditors and/or Comptroller General of the Republic as applicable.
b) Actuarial plan.
c) Financial regime.
Article 4.- After evaluation of the documentation presented, the Superintendency of Banking and Insurance shall issue the respective Resolutions for registration in the "REGISTRY OF DERRAMAS, CAJAS DE BENEFICIOS - LAW No. 26516".
Article 5.- 1
Register and Communicate.
LUIS CORTAVARRÍA CHECKLEY
Superintendent of Banking and Insurance
[1] Repealed by SBS Resolution No. 02738-2023 published on 22/08/2023.
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“through SBS Resolution No. 962-95, the registry called 'Registry of Derramas and Cajas de Beneficios - Law No. 26516' was created”
“by SBS Resolution No. 962-95, the register called “Register of Derramas and Benefit Funds - Law No. 26516” was created”
Amended 1 time · last 2023-08-18
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