SBS Resolution No. 272-2014: Modification of the "Special Rules on Linkage and Economic Group" and replacement of formats for Reports No. 19 and 19-A of the Accounting Manual for Financial System Companies

Los Laureles No. 214 - Lima 27 - Peru Tel.: (511) 6309000 Fax: (511) 6309239 Lima, January 16, 2014 S.B.S. Resolution No. 272-2014 The Superintendent of Banking, Insurance and Private Pension Fund Administrators WHEREAS:
That, numeral 13 of article 349° of 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 amendments, hereinafter General Law, states that the Superintendency has the power to issue general rules to specify the preparation, presentation and publicity of financial statements, and any other complementary information, ensuring that the real economic-financial situation of the companies under its supervision is reflected; That, by means of SBS Resolution No. 445-2000 and its amending rule, the "Special Rules on Linkage and Economic Group" were approved, which include, among other aspects, the requirement to submit Report No. 19 "Information on the Company's Economic Group" and Report No. 19-A "Information on Legal Entities Members of the Company's Economic Group"; That, by means of SBS Resolution No. 895-98 and its amending and complementary rules, the Accounting Manual for Financial System Companies, hereinafter Accounting Manual, was approved; That, it is necessary to make modifications to the formats of Report No. 19 "Information on the Company's Economic Group" and Report No. 19-A "Information on Legal Entities Members of the Company's Economic Group", in order to facilitate their submission through the External Capture and Validation Submodule (SUCAVE); That, in order to gather public opinion regarding the proposed modifications to the aforementioned formats, the draft resolution on the matter was pre-published on the Superintendency's electronic portal, under the provisions of the Thirty-Second Final and Complementary Provision of the General Law and Supreme Decree No. 001-2009-JUS; With the approval of the Deputy Superintendencies of Banking and Microfinance, Private Pension Fund Administrators and Insurance, Risks, Economic Studies and Legal Advisory; and, In use of the powers conferred by numerals 7 and 13 of article 349° of the General Law; RESOLVES:
Los Laureles No. 214 - Lima 27 - Peru Tel.: (511) 6309000 Fax: (511) 6309239
Article One 1 .- Modify the "Special Rules on Linkage and Economic Group", approved by SBS Resolution No. 445-2000 and its amending rule, in the following terms:

1. Modify the first paragraph of article 15° "Information on economic groups of supervised companies" according to the following text:
   "Article 15º.- Information on economic groups of supervised companies The companies indicated in articles 16º and 17º of the General Law must submit to this Superintendency, within a period not exceeding January 15 of each year, Reports No. 19 "Information on the Company's Economic Group" (which includes Reports No. 19-I and No. 19-II) and No. 19-A "Information on legal entities members of the company's economic group", in accordance with the established formats. (…)"
2. Modify article 17º "Modification of the composition of economic groups of supervised companies" according to the following text:
   "Article 17º.- Modification of the composition of economic groups of supervised companies Any modification regarding the information presented in accordance with the provisions of article 15º of this chapter, will cause the reports to be submitted again within fifteen (15) calendar days following the end of the month in which said modification occurred."
   Article Second.- Replace the formats of Reports No. 19 and No. 19-A of the Accounting Manual for Financial System Companies with the following:

• Report No. 19 "Information on the Company's Economic Group", which is composed of Reports No. 19-I "General Information" and No. 19-II "Legal entity over which control is exercised".
• Report No. 19-A "Information on legal entities members of the Company's Economic Group".
  The aforementioned information must be submitted through the "External Capture and Validation Submodule" (SUCAVE) software, according to the provisions issued by the Superintendency. The formats of the reports and their methodological notes are published on the institutional portal (www.sbs.gob.pe), in accordance with the provisions of Supreme Decree No. 001-2009-JUS.
  Article Third.- This Resolution enters into force on the day following its publication in the Official Gazette "El Peruano". The first submission of Reports No. 19 and No. 19-A, corresponding to the annual information for 2013, will be made on February 28, 2014.
  Register, communicate and publish,
  DANIEL SCHYDLOWSKY ROSENBERG
  Superintendent of Banking, Insurance and
  Private Pension Fund Administrators

1 Article rendered ineffective by SBS Resolution No. 5780-2015 of 24.09.2015.

Los Laureles No. 214 - Lima 27 - Peru Tel.: (511) 6309000 Fax: (511) 6309239 REPORT No. 19 – Information on the Company's Economic Group Information as of … of ………………. of…….
Report No. 19-I – General Information
Row|Name, Business Name or Corporate Name of the Economic Group Members (1)|Type of person (2)|CIIU (3)|Identity Document|Country of Residence or Incorporation (5)|Nationality (6)|Address (7)|Name of Legal Representative (9) ---|---|---|---|---|---|---|---|---
| | | |Type of document (4)|Document Number| | |Country (ISO 3166)|Geographic Location Code Dept. – Prov. - Dist.(8)|Name and number of the road, street, avenue, interior/floor
Report No. 19-II – Legal entity over which control is exercised Row|Economic Group Members|Legal entity over which control is exercised|Type of Control (3)|Percentage (4) ---|---|---|---|---
|Name, Business Name or Corporate Name (1)|Type of document (1)|Document Number (1)|Name, Business Name or Corporate Name|Type of document (2)|Document Number

Los Laureles No. 214 - Lima 27 - Peru Tel.: (511) 6309000 Fax: (511) 6309239 REPORT No. 19-A – Information on legal entities members of the Company's Economic Group Information as of … of ………………. of……. Row|LEGAL ENTITY OF THE ECONOMIC GROUP|ECONOMIC GROUP MEMBER PERSON|Country of Residence or Incorporation (5)|Shareholding % (6)|Position (7)|Other Position (8) ---|---|---|---|---|---|---|---

Name, Business Name or Corporate Name (1)	Identity Document	Name, Business Name or Corporate Name (2)	Type of person (3)	Identity Document
	Type of document (1)	Document Number (1)		Type of document (4)	Document Number

Los Laureles No. 214 - Lima 27 - Peru Tel.: (511) 6309000 Fax: (511) 6309239 METHODOLOGICAL NOTES The companies indicated in articles 16º and 17º of the General Law must submit, within a period not exceeding January 15 of each year, Reports No. 19 "Information on the Company's Economic Group" (which includes Reports No. 19-I and No. 19-II) and No. 19-A "Information on legal entities members of the company's economic group". Likewise, any modification or update of the information will cause said reports to be submitted again to this Superintendency, within fifteen (15) calendar days following the end of the month in which said modification or update occurred. REPORT No. 19 – Information on the Company's Economic Group Report No. 19-I – General Information For the purposes of the Report, information on legal entities belonging to the company's economic group and also on natural persons acting as a decision unit, according to article 8º of the "Special Rules on Linkage and Economic Group", will be included. Likewise, annually, when the Report is submitted, the company must send a written communication describing how the economic group is organized.

1. Business name or corporate name in the case of legal entities and full name in the case of natural persons acting as a decision unit. In the case of natural persons, state in the following order: "Paternal surname/Maternal surname/Names".
2. Types of Person: Natural or Legal.
3. Where applicable.
4. Obligatorily state a single document: DNI, RUC or SBS Code, according to the following criteria:
   • DNI (1): Natural person, resident and of Peruvian nationality
   • Natural person, non-resident and of Peruvian nationality
   • RUC (6): Legal entity incorporated in Peru
   • SBS Code (7): Natural person, resident and foreign
   • Natural person, non-resident and foreign
   • Legal entity not incorporated in Peru
   • Other
5. Country of Residence (applies to natural persons): Country in which the person resides (as of the report date).
   Country of Incorporation (applies to legal entities): Country in which the company was incorporated, according to incorporation documents (registration entry, public deed, or others).
6. Applies only to natural persons.
7. In the case of natural persons, state their usual residence address. In the case of legal entities, state the company's domicile as established in its Articles of Association or similar.
8. Applies only to Peru.
9. In the case of legal entities, their business name or corporate name will be stated. In the case of natural persons, state in the following order: "Paternal surname/Maternal surname/Names".
   For the purposes of this report, if an SBS Code is not available when it should be reported according to the criteria stated above, said Code must be requested from the Risk Center of this Superintendency for the first and only time.

Los Laureles No. 214 - Lima 27 - Peru Tel.: (511) 6309000 Fax: (511) 6309239 Report No. 19-II – Legal entity over which control is exercised
1. Based on the information reported in Report No. 19-I, one record must be entered for each "economic group member – legal entity over which control is exercised" relationship.
2. A "document type" must be obligatorily considered, according to the following:

• DNI (1): Natural person, resident and of Peruvian nationality
• Natural person, non-resident and of Peruvian nationality
• RUC (6): Legal entity incorporated in Peru
• SBS Code (7): Natural person, resident and foreign
• Natural person, non-resident and foreign
• Legal entity not incorporated in Peru
• Other
  3. In case of direct control:
  (a) Direct ownership
  (b) Indirect ownership
  (c) Usufruct
  (d) Pledge
  (e) Trust
  (f) Syndication
  (g) Other mechanism
  In case of indirect control:
  (h) Power to appoint, remove or veto the majority of the members of the board of directors or equivalent body (i) Power to exercise the majority of votes in board meetings or equivalent body (j) Power to govern operational and/or financial policies Presumption:
  (k) Presumption that the economic group exercises control over a legal entity because the majority of the members of the board of directors or equivalent body of this legal entity are linked by single risk to the economic group.
  4. In the case of direct or indirect ownership, the percentage of participation must be indicated.
  For the purposes of this report, if an "SBS Code" is not available and should be reported according to the criteria stated above, said Code must be requested from the Risk Center of this Superintendency for the first and only time. REPORT No. 19-A – Information on legal entities members of the Company's Economic Group
  1. As indicated in Report No. 19-I.
  2. Full name, business name or corporate name of shareholders with more than 3% of the share capital, directors, managers, principal officers and advisors of the legal entity. In the case of natural persons, state in the following order: "Paternal surname/Maternal surname/Names".
  3. Types of Person: Natural or Legal
  4. Obligatorily state a single document: DNI, RUC or SBS Code, according to the following criteria:
• DNI (1): Natural person, resident and of Peruvian nationality

Los Laureles No. 214 - Lima 27 - Peru Tel.: (511) 6309000 Fax: (511) 6309239

• Natural person, non-resident and of Peruvian nationality
• RUC (6): Legal entity incorporated in Peru
• SBS Code (7): Natural person, resident and foreign
• Natural person, non-resident and foreign
• Legal entity not incorporated in Peru
• Other

5. Country of Residence (applies to natural persons): Country in which the person resides (as of the report date).
   Country of Incorporation (applies to legal entities): Country in which the company was incorporated, according to its incorporation documents (registration entry, public deed, or others).
6. Shareholder with more than 3% of the share capital, indicate percentage of participation in the share capital, otherwise state zero (0).
7. Chairman of the Board (1), Director (2), Manager (3), Principal Officer (4), Advisor (5). If no position is held, state zero (0).
8. If another position is held, state the code according to the previous numeral. If said position is not included in the previous numeral, state (6).
   For the purposes of this report, if an "SBS Code" is not available and should be reported according to the criteria stated above, said Code must be requested from the Risk Center of this Superintendency for the first and only time.