Rule · SBS · 26 Mar 2014 · Resolución SBS 1882-2014
Companies included in article 16º of the General Law, fiduciary services companies, and insurance/reinsurance companies must record trust operations per specified accounting criteria and prepare financial statements. Settlor companies require prior authorization for trusts with linked beneficiaries, credit portfolios, or adjudicated assets, notifying the Superintendency within five business days if exempt. These entities must calculate effective equity requirements and provisions for settlor rights, submit monthly Debtor Credit Reports (RCD) for specific trusts, and report credit risk weightings via Reports 2-A1 or 2-A2. They must also disclose collateral assets in quarterly financial statements and publish quarterly data, including collateral details, in the Official Journal.
Los Laureles Nº 214 - Lima 27 - Peru Tel.: Tel.: (511) 6309000 Fax: (511) 6309239 Lima, March 26, 2014 S.B.S. Resolution No. 1882-2014 The Superintendent of Banking, Insurance and Private Pension Fund Administrators:
WHEREAS:
That, the General Law of the Financial System and the Insurance System and Organic Law of the Superintendency of Banking and Insurance, Law No. 26702 and its modifying norms, hereinafter General Law, establishes in Chapter II of Title III of Section Two, among other aspects, the general norms for carrying out trust operations; That, by means of SBS Resolution No. 1010-99 and its modifying and complementary norms, the Regulations for Trusts and Fiduciary Services Companies were approved, which establish, among other aspects, the provisions applicable to financial and insurance system companies participating in trusts as settlors and/or trustees; That, by means of SBS Resolution No. 084-2000 and its modifying norms, the norms for the accounting treatment of trusts and trust commissions were approved; That, by means of SBS Resolution No. 11356-2008 and its modifying norms, the Regulations for the Evaluation and Classification of Debtors and the Requirement for Provisions were approved; That, by means of SBS Resolution No. 1027-2001, the Regulations for Financing Contracts with Credit Portfolio Guarantee were approved; That, by means of SBS Resolution No. 895-98 and its modifying and complementary norms, the Accounting Manual for Financial System Companies was approved, hereinafter Accounting Manual; That, by means of SBS Resolution No. 9-2010, Report No. 31 called “Detail of Trusts by Contract” was incorporated into Chapter V of the Accounting Manual; Los Laureles Nº 214 - Lima 27 - Peru Tel.: Tel.: (511) 6309000 Fax: (511) 6309239 That, by means of SBS Resolution No. 348-95 and its modifying and complementary norms, the Chart of Accounts for Insurance System Companies was approved, hereinafter Chart of Accounts; That, by means of SBS Resolution No. 11699-2008 and its modifying norms, the Internal Audit Regulations were approved, which establish the requirements and internal audit standards for financial system companies and insurance companies, with the purpose of providing adequate protection to savers and policyholders; That, it is necessary to introduce modifications to the aforementioned norms, with the purpose of simplifying trust transfer processes, as well as modifying prudential requirements based on supervisory experience; That, in order to gather opinions from the general public regarding the proposed modifications to the financial system regulations, the draft resolution was pre-published on the Superintendency's electronic portal, under the provisions of Supreme Decree No. 001-2009-JUS; Having the approval of the Assistant Superintendencies of Private Pension Fund Administrators and Insurance, Banking and Microfinance, Risks, Economic Studies and Legal Advisory; and, In use of the powers conferred by numerals 7, 9 and 13 of article 349º of the General Law; RESOLVES:
Article One.- Modify the Regulations for Trusts and Fiduciary Services Companies, approved by SBS Resolution No. 1010-99 and its modifying norms, in the following terms:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: Telf.: (511) 6309000 Fax: (511) 6309239
The provision contained in Article 24 shall not apply to companies included in letter A of Article 16 of the General Law, which are authorized to collect deposits from the public, as well as to the Agropecuario Bank, when they participate in guarantee trusts over credit rights, within the framework of repurchase agreement operations regulated by Circular No. 017-2011-BCRP, provided that the Central Reserve Bank of Peru is the acquirer of the participation certificates. Such trust operations must be communicated to this Superintendency on the next business day following their execution.
Regardless of any applicable sanctions, operations carried out without observing the above paragraph shall be considered by this Superintendency as not carried out for accounting, limit, provision, equity requirement, and other prudential measures established in the General Law and in the provisions issued by this Superintendency.”
“Sixth.- Transparency on guarantee trust contracts
Disclosure in financial statements
Companies shall disclose through notes to quarterly financial statements, information on the assets included in guarantee trusts, in the capacity of settlors, during the validity of the trust contracts. The disclosure shall be made in accordance with the instructions established in the Accounting Manual for Financial System Companies and the Chart of Accounts for Insurance System Companies, as applicable.
Publication
Financial system companies that enter into or agree to guarantee trust contracts over assets, in the capacity of settlors, in support of received financing, must publish information on such contracts, jointly with the Statement of Financial Position and the Statement of Comprehensive Income, corresponding to quarterly periods, in accordance with the instructions established in the Accounting Manual for Financial System Companies.”
Article Second.- For the purposes of what is established in the second paragraph of Article 5 of the Regulation of Contracts for Financing with Portfolio Collateral approved by SBS Resolution No. 1027-2001, the publication shall be carried out in accordance with the instructions established in the Accounting Manual for Financial System Companies.
Article Third.- Modify the Regulation for the Evaluation and Classification of Debtors and the Provision Requirement approved by SBS Resolution No. 11356-2008 and its modifying norms, according to the following:
Los Laureles Nº 214 - Lima 27 - Perú Telf.: Telf.: (511) 6309000 Fax: (511) 6309239
Substitute clause ii. of letter g) of item 5.2 of Chapter I “Concepts and Principles for the Evaluation and Classification of Debtors and the Provision Requirement” with the following text:
“ ii. Credit portfolios that have been transferred through trust or other similar contract, provided that in accordance with the Regulation of Trust and Fiduciary Services Companies, there is an obligation to continue reporting in the RCD.”
Article Fourth.- Modify the Annex “Planned Activities” of the Internal Audit Regulation, approved by SBS Resolution No. 11699-2008 and its modifying norms, according to the following:
Incorporate as items 14, 19 and 9 of section I “Companies indicated in letters A and B of Article 16 of the General Law (except guarantee and surety companies), Banco de la Nación, Banco Agropecuario, Mivivienda Fund and Development Financial Corporation (COFIDE)”, section II “Insurance and/or Reinsurance Companies” and section IV “Guarantee and surety companies”, respectively, the following text:
“Evaluation of trust operations”
Article Fifth.- Modify the Accounting Manual for Financial System Companies, according to the following:
a) Incorporate in Part I “Financial Statements”, in letter B “Notes to the Financial Statements”, subsection 4 “Specific Notes” as item 11 the following:
“11. ASSETS GIVEN AS COLLATERAL
The entity shall disclose information on:
a) assets given as collateral; and,
b) assets given through guarantee trusts, in the capacity of settlors.
This disclosure shall be additionally included in quarterly financial statements.
For the purposes of the above, the company must disclose at least the information shown in Annex 1 attached, which forms part of this note.”
b) Substitute in Part I “Financial Statements”, in letter B “Notes to the Financial Statements”, subsection 4 “Specific Notes” items 11 Equity and 12 Subsequent Events, by items 12 Equity and 13 Subsequent Events, respectively.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: Telf.: (511) 6309000 Fax: (511) 6309239
c) Substitute in Part IV “Publication of Financial Information”, the subsection “Information to be published”, according to the following text:
“Information to be published
Companies must publish, jointly, the Statement of Financial Position, the Statement of Comprehensive Income, Report No. 2-D “Requirements of Effective Equity for Credit, Market and Operational Risks and Calculation of the Global Limit referred to in the first paragraph of Article 199° and the Twenty-Fourth Transitory Provision of the General Law”, as well as assets given as collateral in support of received financing, corresponding to quarterly periods in the Official Journal and in a newspaper of wide national circulation. The aforementioned publications must be made maintaining adequate proportions and on the same date. For the purposes of publishing Report No. 2-D, companies may omit the sections for which they do not report information.
For publication purposes, the Statement of Financial Position (Form A) and the Statement of Comprehensive Income (Forms B-1 and B-2), must contain only total balances; and, those corresponding to the year-end closing, additionally, must be comparative with those of the previous year.
For the purposes of publishing assets given as collateral in support of received financing, the following format shown in Annex 2 attached, which forms part of this subsection, must be considered.”
Eliminate in Chapter III “Chart of Accounts” and Chapter IV “Description and Dynamics of Accounts”, the analytical account 1504.04.01 “Guarantee Trust”, as well as its analytical sub-accounts, whose balances will be reclassified to the analytical sub-account 1504.04.09.09 “Other Contracts”.
Article Sixth.- Modify the Chart of Accounts for Insurance System Companies, according to the following:
a) Incorporate as item 12 the following:
“12. ASSETS GIVEN AS COLLATERAL
The entity shall disclose information on:
a) assets given as collateral; and,
b) assets given through guarantee trusts, in the capacity of settlors.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: Telf.: (511) 6309000 Fax: (511) 6309239
This disclosure shall be additionally included in quarterly financial statements.
For the purposes of what is stated in the previous paragraph, the company must disclose at least the information shown in Annex 3 attached.”
b) Modify items 12 Equity and 13 Subsequent Events, by items 13 Equity and 14 Subsequent Events, respectively.
Article Seventh.- Modify the Single Text of Administrative Procedures of the Superintendency of Banks, Insurance and Private Pension Fund Administrators, approved by SBS Resolution No. 3082-2011 and its modifying norms, in administrative procedure No. 35 “Authorization for participation as settlors of companies included in Article 16 of the General Law, Banco de la Nación, Banco Agropecuario (AGROBANCO), Development Financial Corporation (COFIDE) and MIVIVIENDA Fund”, whose modified text is attached to this resolution and is published as provided by Supreme Decree No. 004-2008-PCM, regulation of Law No. 29091. (Institutional portal: www.sbs.gob.pe).
Article Eighth.- Repeal the norms for the accounting treatment of trust and trust commissions, approved by Article One of SBS Resolution No. 084-2000.
Article Ninth.- Expand the scope of application of SBS Resolution No. 9-2010 that incorporates Report No. 31 “Detail of Trusts by Contract”, to companies included in letter A of Article 16 of the General Law, to guarantee and surety companies, to Banco de la Nación, to Banco Agropecuario (AGROBANCO) and to the MIVIVIENDA Fund.
Article Tenth.- This resolution shall enter into force from June 1, 2014, except for the modifications to the Accounting Manual and Chart of Accounts established in Articles Fifth and Sixth of this resolution, which shall govern from the information corresponding to the month of June 2014, as well as what is established in Article Ninth which shall govern from the information corresponding to the second quarter of the year 2014.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: Telf.: (511) 6309000 Fax: (511) 6309239
Article Eleventh.- The new provisions established for the derecognition of assets referred to in the Regulation of Trust and Fiduciary Services Companies, as well as the Accounting Manual and Chart of Accounts, shall govern for operations carried out from June 1, 2014.
Register, communicate and publish,
Los Laureles Nº 214 - Lima 27 - Perú Telf.: Telf.: (511) 6309000 Fax: (511) 6309239
ANNEX 1
CREDIT PORTFOLIO GIVEN AS COLLATERAL 1/
Contract 2/
Book Value of Credit Portfolio
Debt that Backs 4/
S/. (000)
Capital
S/. (000)
Accrued Earnings
of Active Credits
S/. (000)
Provisions
S/. (000)
Total 3/
S/. (000)
Contract 1
Contract 2
:
:
TOTAL
1/ Includes guarantee trusts constituted over credit portfolios, in the capacity of settlor.
2/ Indicate by contract.
3/ Corresponds to the sum of capital, accrued earnings of active credits, minus provisions.
4/ Consider only the capital balance of the debt that backs.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: Telf.: (511) 6309000 Fax: (511) 6309239
OTHER ASSETS GIVEN AS COLLATERAL 1/
ASSETS 2/ Book Value 3/
S/. (000)
Debt that
Backs 4/
S/. (000)
Contract 1
Contract 2
:
Total
1/ Consider assets other than credit portfolio. Includes guarantee trusts constituted over assets other than credit portfolio, in the capacity of settlors.
2/ Discriminate in each contract, the type of asset (investments, adjudicated assets, property, plant and equipment, among others).
3/ Consider net book value.
4/ Consider only the capital balance of the debt that backs.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: Telf.: (511) 6309000 Fax: (511) 6309239
ANNEX 2
ASSETS GIVEN AS COLLATERAL FOR RECEIVED FINANCING 1/
Concept Amount of
Assets
S/. (000)
Counterparty
of
Financing
Term of
Contract
Debt that
Backs
S/. (000)
3/
Legislation Jurisdiction Other
of credit portfolio 2/
of other assets 2/
Total
1/ Includes company assets transferred through guarantee trusts.
2/ Indicate description by contract.
3/ Consider only the capital balance of the debt that backs.
Los Laureles Nº 214 - Lima 27 - Perú Telf.: Telf.: (511) 6309000 Fax: (511) 6309239
ANNEX 3
“Annex 6
Note referred to assets given as collateral
ASSETS GIVEN AS COLLATERAL 1/
ASSETS 2/ Book Value 3/
S/. (000)
Debt that
Backs 4/
S/. (000)
Contract 1
Contract 2
:
Total
1/ Includes guarantee trusts constituted over assets, in the capacity of settlors.
2/ Discriminate in each contract, the type of asset (investments, property, plant and equipment, among others).
3/ Consider net book value.
4/ Consider only the capital balance of the debt that backs.”
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This document amends: SBS Resolution No. 11356-2008: Regulation for the Evaluation and Classification of the Debtor and Requirement of Provisions, Resolution No. 1010-99: Regulations for Trusts and Fiduciary Service Companies
This document supersedes: Resolution No. 0084-2000: Approval of Accounting Standards for Trusts and Fiduciary Commissions
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