Rule · BCR · 14 Dec 2023 · NRP-46
Interested parties establishing savings and credit cooperatives must submit an authorization request to the Superintendence including a deed draft, a business plan prepared by experienced professionals, and shareholder lists where no single shareholder holds more than 10 percent of capital. Natural persons holding over 1 percent must provide ID, tax number, and a clean criminal record certificate from the General Directorate of Penal Centers. Foreign shareholders need a criminal record certificate from their country of origin. Applicants have ten business days to resolve observations and one hundred twenty days to commence operations after favorable resolution.
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CNBCR-11/2023
NRP-46
TECHNICAL STANDARDS FOR ESTABLISHING AND OPERATING SAVINGS AND CREDIT COOPERATIVES TO CAPTURE PUBLIC SAVINGS Approval: 12/14/2023 Validity: 01/02/2024
THE NORMS COMMITTEE OF THE CENTRAL RESERVE BANK OF EL SALVADOR,
CONSIDERING:
I. That Article 2, subsection a.1 of the Cooperative Banks and Savings and Credit Societies Law establishes that regulated entities under said Law are Savings and Credit Cooperatives that, in addition to capturing funds from their members, do so from the public.
II. That Article 5 of the Cooperative Banks and Savings and Credit Societies Law establishes that the cooperative wishing to capture public deposits must submit its authorization request to the Financial System Superintendence accompanied by the documentation established in said article.
III. That Article 4, subsection a) of the Supervision and Regulation of the Financial System Law establishes that the Financial System Superintendence has the authority to issue pertinent resolutions for supervised entities, within the powers conferred by the laws.
IV. That Article 4, subsection d) of the Supervision and Regulation of the Financial System Law establishes that the Financial System Superintendence shall have the authority to authorize public promotion, establishment, functioning, and commencement of operations, modifications of social agreements and bylaws, if applicable, and merger of the members of the financial system in accordance with the provisions of the special laws on the matter.
V. That Article 7, subsection g) of the Supervision and Regulation of the Financial System Law establishes that the supervision of cooperative banks, savings and credit societies, and federations regulated by the Cooperative Banks and Savings and Credit Societies Law corresponds to the Financial System Superintendence.
THEREFORE,
by virtue of the regulatory powers conferred by Article 99 of the Supervision and Regulation of the Financial System Law,
AGREES to issue the following:
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Tel. (503) 2281-8000 www.bcr.gob.sv
CNBCR-11/2023
NRP-46
TECHNICAL STANDARDS FOR ESTABLISHING AND OPERATING SAVINGS AND CREDIT COOPERATIVES TO CAPTURE PUBLIC SAVINGS Approval: 12/14/2023 Validity: 01/02/2024
TECHNICAL STANDARDS FOR ESTABLISHING AND OPERATING SAVINGS AND CREDIT COOPERATIVES TO CAPTURE PUBLIC SAVINGS
CHAPTER I
OBJECT, SUBJECTS, AND TERMS
Object
Art. 1.- These Standards aim to establish the legal and administrative requirements and procedures to establish and operate new cooperatives subject to the Cooperative Banks and Savings and Credit Societies Law; as well as to standardize the presentation of information.
Subjects
Art. 2.- The subjects obliged to comply with the provisions established in these Standards are persons interested in establishing a cooperative that proposes to capture funds from its members and the public.
Terms
Art. 3.- For the purposes of these Standards, the terms indicated below have the following meaning:
a) Shareholder of a Cooperative: The shareholders of a cooperative society, as well as the members of a savings and credit cooperative association; b) Central Bank: Central Reserve Bank of El Salvador; c) Cooperatives: Savings and credit cooperative associations and societies, including rural credit unions and workers' banks; d) Executive: Members of the board of directors or equivalent body; e) Law: Cooperative Banks and Savings and Credit Societies Law; and f) Superintendence: Financial System Superintendence.
CHAPTER II
REQUIREMENTS AND PROCEDURE FOR THE APPLICATION
Application
Art. 4.- Interested parties in establishing a cooperative whose purpose is to carry out activities regulated by the Law, will submit an authorization request to the Superintendence accompanied by the following:
a) Draft of the deed of incorporation and bylaws. This draft must contain the requirements indicated in Articles 22 and 194 of the Commercial Code and those mentioned in the Notary Law;
Alameda Juan Pablo II, between 15 and 17 Av. Norte, San Salvador, El Salvador.
Tel. (503) 2281-8000 www.bcr.gob.sv
CNBCR-11/2023
NRP-46
TECHNICAL STANDARDS FOR ESTABLISHING AND OPERATING SAVINGS AND CREDIT COOPERATIVES TO CAPTURE PUBLIC SAVINGS Approval: 12/14/2023 Validity: 01/02/2024
b) Business Plan, which must include the financial bases of the operations to be developed, commercial plans, market segment to be served, financial projections of at least two years, the organization and administration scheme of the cooperative, and other topics considered important; This study must be prepared by professionals with experience in project formulation and evaluation or by a company backed by professionals of that category; c) List of future shareholders of the cooperative, with specification of their details and shareholding; which must not be fewer than one hundred and none shall subscribe to more than ten percent of the paid-up social capital. When future shareholders are natural persons and hold more than 1% of the paid-up social capital, they must present the following information:
i) Copy of the Unique Identity Document; ii) Copy of the Tax Identification Number (NIT), which shall be in accordance with what is established by the Tax Administration; iii) Certified photocopy of passport, in the case of foreigners; iv) Valid certificate issued by the General Directorate of Penal Centers stating no criminal record. In the case of foreign shareholders, they must present the document accrediting that they have no criminal record issued by the competent authority in their country of origin; v) Sworn declaration of not being in a situation of bankruptcy or insolvency; and vi) Description of the source of resources for the acquisition of shares. When future shareholders are legal entities, they must present the following information:
i) Name or corporate name; ii) Nationality and domicile; iii) Copy of the Tax Identification Number (NIT), which shall be in accordance with what is established by the Tax Administration; iv) Audited financial statements of the last fiscal year; v) Testimony of the deed of incorporation and bylaws, or creation law, as applicable, in both cases with their reforms and legal representation; vi) Power of attorney granted to be represented as a shareholder; vii) Certification of the point of the minutes, where the acquisition of shares is authorized; and viii) Description of the source of resources for the acquisition of shares. d) List and details of future directors, with the following information:
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Tel. (503) 2281-8000 www.bcr.gob.sv
CNBCR-11/2023
NRP-46
TECHNICAL STANDARDS FOR ESTABLISHING AND OPERATING SAVINGS AND CREDIT COOPERATIVES TO CAPTURE PUBLIC SAVINGS Approval: 12/14/2023 Validity: 01/02/2024
i) Sworn declaration of not having the disqualifications indicated in Article 15 of the Law, according to the model in Annex No. 1 of these Standards; ii) Valid certificate issued by the General Directorate of Penal Centers, stating no criminal record; and iii) Resume and accreditation of experience indicated in Article 15 of the Law; e) Name or corporate name of the audit firm that will conduct the external audit of the cooperative. This must be registered in the Register of External Auditors kept by the Superintendence; and f) List of managers and other persons authorized to decide on the granting of loans, with the same information referred to in subsection d).
The application and documentation may be submitted through the means made available by the Superintendence, which may be electronic. In any case, the deadline referred to in the first paragraph of Article 5 of these Standards will begin to run from the next business day after the application has been submitted.
Authorization request to establish a cooperative Art. 5.- Upon receiving the authorization request to establish a cooperative to capture public deposits, in accordance with what is established in Article 4 of these Standards, the Superintendence will proceed to verify compliance with the requirements defined in the Cooperative Banks and Savings and Credit Societies Law and these Standards, having a period not exceeding sixty days. If the application is not accompanied by the complete and proper information detailed in Article 4 of these Standards, the Superintendence, due to the lack of necessary requirements, may require applicants to present the missing documents within a period of ten business days counted from the day following the notification, a period that may be extended at the request of interested parties when there are reasons justifying it. The Superintendence in the same notice will indicate to applicants that if they do not complete the information within the aforementioned period, it will proceed without further procedure to archive the application, leaving them free to present a new application. If after analyzing the documentation presented according to Article 4 of these Standards, the Superintendence has observations or when the documentation or information presented is not sufficient to establish the facts or information intended to be accredited, the Superintendence
Alameda Juan Pablo II, between 15 and 17 Av. Norte, San Salvador, El Salvador.
Tel. (503) 2281-8000 www.bcr.gob.sv
CNBCR-11/2023
NRP-46
TECHNICAL STANDARDS FOR ESTABLISHING AND OPERATING SAVINGS AND CREDIT COOPERATIVES TO CAPTURE PUBLIC SAVINGS Approval: 12/14/2023 Validity: 01/02/2024
will notify applicants to remedy the deficiencies communicated or present additional documentation or information required.
Applicants will have a maximum period of ten business days counted from the day following the notification, to resolve the observations or present the additional information required by the Superintendence. The Superintendence may, through a reasoned resolution, extend by up to another ten business days, the period indicated in the previous paragraph, when the nature of the observations or deficiencies notified so requires.
Extension Period
Art. 6.- Interested applicants wishing to establish a cooperative to capture public deposits may submit to the Superintendence a request for extension of the period indicated in the fifth paragraph of Article 5 of these Standards, before the expiration of said period, must express the grounds on which it is based and propose, if applicable, the relevant proof. The extension period may not exceed ten business days and will begin from the next business day after the expiration date of the original period. Suspension of the Period Art. 7.- The sixty-day period indicated in the first paragraph of Article 5 of these Standards, will be suspended for the days that elapse between the notification of the request for information or documentation referred to in the second and fifth paragraphs of said article of these Standards, until the observations required by the Superintendence are remedied. Art. 8.- Once the complete and proper documentation has been submitted, the Superintendence will respond to the authorization request to establish a cooperative to capture public deposits through a resolution, prior to analysis of the economic and financial viability of the project and the honorability and personal responsibility of the shareholders, directors, and administrators of the company, such that it offers protection to the interests of the public.
The Superintendence will proceed to notify the resolution to the applicants within a maximum period of three business days, from the date the resolution is issued.
Art. 9.- If the resolution mentioned in Article 8 of these Standards is favorable, applicants will have one hundred twenty days counted from the respective notification,
Alameda Juan Pablo II, between 15 and 17 Av. Norte, San Salvador, El Salvador.
Tel. (503) 2281-8000 www.bcr.gob.sv
CNBCR-11/2023
NRP-46
TECHNICAL STANDARDS FOR ESTABLISHING AND OPERATING SAVINGS AND CREDIT COOPERATIVES TO CAPTURE PUBLIC SAVINGS Approval: 12/14/2023 Validity: 01/02/2024
to incorporate the company. If the aforementioned period is not met, the resolution will become void.
At the request of the interested parties, the aforementioned period may be extended once and for a maximum of ninety days, such request must be submitted before the first period expires, containing the reasons justifying the extension. In the case that the resolution is denying, the notification must contain the causes for which the requested is denied.
CHAPTER III
ESTABLISHMENT OF THE COOPERATIVE
Art. 10.- Prior to the presentation of the testimony of the deed of incorporation or its bylaws as applicable, in the Registry kept by the Salvadoran Institute of Cooperative Promotion in the case of cooperative associations or in the Commerce Registry in the case of cooperative societies. These must be presented to the Superintendence so that it qualifies whether the terms stipulated in the social agreement adhere to the projects that were previously authorized, and verify if the social capital has been effectively paid in accordance with the authorization. The Superintendence will have a period of ten business days to carry out this verification. If there are differences between the public deed of incorporation and the draft thereof authorized by the Superintendence, it must communicate this to the applicant within the period indicated in the previous paragraph, so that the authorizing notary proceeds to make the respective adjustments, and the testimony of the public deed must be presented again to the Superintendence, within a period of twenty business days from the date of communication of the inconsistencies or differences for verification. The deed of incorporation must relate the deposit of the social capital in the Central Bank, which must be paid entirely in legal currency or by certified check. Art. 11.- If it is determined that there are no inconsistencies between the public deed of incorporation and the draft of the deed reviewed, or in the case of having overcome the inconsistencies that had been communicated according to what is established in the previous article; the Superintendence will proceed within a period of five business days to extend a certificate signed by the Superintendent of the Financial System, which contains the favorable qualification of said deed, in order for it to be presented in the Salvadoran Institute of Cooperative Promotion in the case of
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Tel. (503) 2281-8000 www.bcr.gob.sv
CNBCR-11/2023
NRP-46
TECHNICAL STANDARDS FOR ESTABLISHING AND OPERATING SAVINGS AND CREDIT COOPERATIVES TO CAPTURE PUBLIC SAVINGS Approval: 12/14/2023 Validity: 01/02/2024
cooperative associations or in the Commerce Registry in the case of cooperative societies, for the corresponding registration.
Procedure if the Salvadoran Institute of Cooperative Promotion or the Commerce Registry makes observations on the Testimony of the public deed of incorporation, or denies its registration Art. 12.- When the Salvadoran Institute of Cooperative Promotion or the Commerce Registry, as applicable, notifies the authorizing notary or any other interested person, the denial or the making of observations on the testimony of the public deed of incorporation of the association or cooperative society, that person or entity must, in turn, notify such circumstance to the Superintendence in writing and at the latest by the next business day after receiving the respective notification. In said writing, the interested party or the authorizing notary must relate at least, the presentation number of the respective instrument in the Salvadoran Institute of Cooperative Promotion or in the Commerce Registry and state whether they will file any type of appeal aimed at achieving the registration of the testimony or, if applicable, the manner in which they intend to remedy the respective observations, as well as the result of such actions, must notify this last to the Superintendence in the manner provided in the previous paragraph. If for the registration of the instrument in question it is necessary to modify the conditions under which the Superintendent ordered its favorable qualification, he may, at the written request of the future shareholders of a cooperative or their proxies, proceed to modify the certificate related in Article 11 of these Standards. Once the testimony is registered and the bylaws are deposited in the Salvadoran Institute of Cooperative Promotion or in the Commerce Registry, as applicable, the association or cooperative society will send a copy of said instruments to the Superintendence. Art. 13.- The testimony of the constitutive deed of a cooperative may not be submitted for registration in the Registry kept by the Salvadoran Institute of Cooperative Promotion or in the Commerce Registry, as applicable, without carrying a reason signed by the Superintendence, in which the favorable qualification of said testimony is recorded.
CHAPTER IV
COMMENCEMENT OF OPERATIONS
Art. 14.- From the establishment of the cooperative, within a period of one hundred eighty days
Alameda Juan Pablo II, between 15 and 17 Av. Norte, San Salvador, El Salvador.
Tel. (503) 2281-8000 www.bcr.gob.sv
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TECHNICAL STANDARDS FOR ESTABLISHING AND OPERATING SAVINGS AND CREDIT COOPERATIVES TO CAPTURE PUBLIC SAVINGS Approval: 12/14/2023 Validity: 01/02/2024
subsequent, the authorization request for the commencement of operations must be submitted, incorporating the manuals of functions and operational procedures with the requirements contained in Annexes Nos. 2 and 3 of these Standards, description of the furniture and equipment to be used, of the surveillance systems and of the insurance to be contracted. The application and documentation may be submitted through the means made available by the Superintendence, which may be electronic. In any case, the deadline referred to in the first paragraph of Article 15 of these Standards will begin to run from the next business day after the application has been submitted.
Procedure for authorization of commencement of operations Art. 15.- Upon receiving the authorization request for the commencement of operations of the cooperative, in accordance with what is established in Article 14 of these Standards, the Superintendence will proceed to verify compliance with the requirements defined in the Cooperative Banks and Savings and Credit Societies Law and these Standards, having a period not exceeding fifteen business days, from when the requirements to commence operations with the public have been met. If the application is not accompanied by the complete and proper information detailed in Article 14 of these Standards, the Superintendence, due to the lack of necessary requirements, may require applicants to present the missing documents within a period of ten business days counted from the day following the notification, a period that may be extended at the request of the interested parties, when there are reasons justifying it. The Superintendence in the same notice will indicate to applicants that if they do not complete the information within the aforementioned period, it will proceed without further procedure to archive the application, leaving them free to present a new application. If after analyzing the documentation presented according to Article 14 of these Standards, the Superintendence has observations or when the documentation or information presented is not sufficient to establish the facts or information intended to be accredited; the Superintendence will notify applicants to remedy the deficiencies communicated or present additional documentation or information required. Applicants will have a maximum period of ten business days counted from the day following the notification, to resolve the observations or present the information required by the Superintendence.
Alameda Juan Pablo II, between 15 and 17 Av. Norte, San Salvador, El Salvador.
Tel. (503) 2281-8000 www.bcr.gob.sv
CNBCR-11/2023
NRP-46
TECHNICAL STANDARDS FOR ESTABLISHING AND OPERATING SAVINGS AND CREDIT COOPERATIVES TO CAPTURE PUBLIC SAVINGS Approval: 12/14/2023 Validity: 01/02/2024
The Superintendence may, through a reasoned resolution, extend by up to another ten business days the period indicated in the previous paragraph, when the nature of the observations or deficiencies notified so requires. Extension Period Art. 16.- Applicants may submit to the Superintendence a request for extension of the period indicated in the fifth paragraph of Article 15 of these Standards, before the expiration of said period, must express the grounds on which it is based and propose, if applicable, the relevant proof. The extension period may not exceed ten business days and will begin from the next business day after the expiration date of the original period. Suspension of the Period Art. 17.- The fifteen business-day period indicated in the first paragraph of Article 15 of these Standards, will be suspended for the days that elapse between the notification of the request to complete information or documentation referred to in the second and fifth paragraphs of said article, until the interested parties remedy the observations required by the Superintendence.
Resolution
Art. 18.- Once the complete documentation has been submitted in due form, meeting all requirements established in the Cooperative Banks and Savings and Credit Societies Law and its regulations and technical standards, with its internal controls and procedures verified, and the social deed registered in the corresponding Registry, the Superintendence will certify that the cooperative may begin its operations with the public. The Superintendence will notify the certification to the cooperative within a maximum period of three business days from the date the resolution is issued. This certification will be valid for a period of one hundred eighty days from its issuance. If the period specified has elapsed and the cooperative has not begun its operations, the Superintendence may grant, based on the justifications presented, an extension of up to ninety days. This must be requested at least thirty days prior to the original expiration. The extension request must contain the reasons justifying the extension and its respective documentation, as well as a projected schedule of activities to be carried out until reaching the new estimated start of operations date by the entity. Art. 19.- The certification of the agreement of the Board of Directors of the Superintendence, indicating the name of the cooperative, the data regarding the granting and registration of its social deed, the amount of paid capital, as well as the names of its directors, will be made known through publications that will be inserted, at the expense of the respective institution, only once, in the Official Gazette; in addition, it must be published in a printed medium of national circulation or another digital publication platform with greater or equal coverage, or on its website, in accordance with what is established in the current legal framework.
Alameda Juan Pablo II, between 15 and 17 Av. Norte, San Salvador, El Salvador.
Tel. (503) 2281-8000 www.bcr.gob.sv
CNBCR-11/2023
NRP-46
TECHNICAL STANDARDS FOR ESTABLISHING AND OPERATING SAVINGS AND CREDIT COOPERATIVES TO CAPTURE PUBLIC SAVINGS Approval: 14/12/2023 Validity: 02/01/2024
Art. 20.- The cooperative, before initiating its operations to capture public savings, must inform the Superintendence at least 30 days in advance of the following:
a) Start date of operations and public service hours; b) List of the cooperative's executive staff and the registry of authorized signatures; and c) Tax Identification Number (NIT) of the cooperative.
CHAPTER V
OTHER PROVISIONS AND VALIDITY
Sanctions
Art. 21.- Non-compliance with the provisions contained in these Standards will be sanctioned in accordance with what is established in the Law on Supervision and Regulation of the Financial System.
Repeal
Art. 22.- These Standards repeal the "Standards for Establishing and Operating Savings and Credit Cooperatives to Capture Public Savings" (NPNB1-02), approved by the Board of Directors of the Financial System Superintendence in Session No. CD-43/2001, of September 5, 2001, whose Organic Law was repealed by Legislative Decree No. 592 containing the Law on Supervision and Regulation of the Financial System, published in the Official Gazette No. 23, Volume No. 390, dated February 2, 2011.
Transitory
Art. 23.- Requests submitted in accordance with what is established in the "Standards for Establishing and Operating Savings and Credit Cooperatives to Capture Public Savings" (NPNB1-02) and which were pending at the time of the entry into force of these Standards, will continue in accordance with said Standards.
Unforeseen Aspects
Art. 24.- Aspects not foreseen in terms of regulation in these Standards will be resolved by the Central Bank through its Standards Committee.
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Tel. (503) 2281-8000 www.bcr.gob.sv
CNBCR-11/2023
NRP-46
TECHNICAL STANDARDS FOR ESTABLISHING AND OPERATING SAVINGS AND CREDIT COOPERATIVES TO CAPTURE PUBLIC SAVINGS Approval: 14/12/2023 Validity: 02/01/2024
Validity
Art. 25.- These Standards will enter into force as of January 2, 2024.
MODIFICATIONS:
(1) Modifications in Annex No. 1, approved by the Central Bank through its Standards Committee, in Session No. CN-05/2026, of June 30, 2026, with validity as of July 15, 2026.
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Tel. (503) 2281-8000 www.bcr.gob.sv
CNBCR-11/2023
NRP-46
TECHNICAL STANDARDS FOR ESTABLISHING AND OPERATING SAVINGS AND CREDIT COOPERATIVES TO CAPTURE PUBLIC SAVINGS Approval: 14/12/2023 Validity: 02/01/2024
Annex No. 1
MODEL OF SWORN STATEMENT FOR DIRECTORS OF COOPERATIVES SUBJECT TO THE COOPERATIVE BANKS LAW AND SAVINGS AND CREDIT SOCIETIES To the Financial System Superintendence Present.
I, ________________________________, of _______ years of age, profession or occupation ________________________, nationality _________________________, residing at _____________________________, with Unique Identity Document or Resident Card No. _______________, Tax Identification Number (NIT) _____________________, in view of having been proposed to be part of the Governing Body of the savings and credit cooperative _____________________, declare under oath that:
I also declare that I am a shareholder of twenty-five percent or more of the social capital of the entities detailed below:
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CNBCR-11/2023
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TECHNICAL STANDARDS FOR ESTABLISHING AND OPERATING SAVINGS AND CREDIT COOPERATIVES TO CAPTURE PUBLIC SAVINGS Approval: 14/12/2023 Validity: 02/01/2024
Annex No. 1
Alameda Juan Pablo II, between 15 and 17 Av. Norte, San Salvador, El Salvador.
Tel. (503) 2281-8000 www.bcr.gob.sv
CNBCR-11/2023
NRP-46
TECHNICAL STANDARDS FOR ESTABLISHING AND OPERATING SAVINGS AND CREDIT COOPERATIVES TO CAPTURE PUBLIC SAVINGS Approval: 14/12/2023 Validity: 02/01/2024
Annex No. 2
INFORMATION REQUIREMENTS ON EQUIPMENT AND COMPUTER PROGRAMS For any computer system designed to operate active and passive transactions and accounting, it is a requirement to submit the following basic information to the Superintendence:
General description of the system and the main processes.
Relational Design of the Files.
Description and Detailed Design of the files and fields (Data Dictionary).
User Manual
List of the types of users who will have access, specifying the user's hierarchical level and the type of access they will have to each of the system options; as well as the frequency with which it is generated and the number of copies and how they are distributed. If the systems are being developed, describe the procedure to test and approve the programs as well as the responsibilities for these activities. Printed copy of the source programs or make a tape backup copy. Characteristics of the central and peripheral equipment. Detailed characteristics of the development tools. Copy of the warranty or maintenance contract for the central and peripheral equipment. Copy of the warranty or maintenance contract for the programs, if these have been contracted to consultants. Procedures to perform back-up. Contingency plan in case of information loss and/or computer equipment failures. Authorized procedures for handling access keys. Hygiene standards for computer equipment and its peripherals. Software license to be used. NOTE: It is necessary that the new institution have an electronic communication system (Example: MODEM or GBNet) for sending and receiving information with the Superintendence.
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Tel. (503) 2281-8000 www.bcr.gob.sv
CNBCR-11/2023
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TECHNICAL STANDARDS FOR ESTABLISHING AND OPERATING SAVINGS AND CREDIT COOPERATIVES TO CAPTURE PUBLIC SAVINGS Approval: 14/12/2023 Validity: 02/01/2024
Annex No. 3
MINIMUM REQUIREMENTS OF THE FUNCTION AND OPERATIONAL PROCEDURES MANUALS a. Function Manual It must contain the organizational chart and describe the functions of each of its components, including those of temporary units, such as in the case of credit committees, of which it must also be explained how they are integrated. The organization plan must contain the adequate segregation of operations and the functions necessary for the control and supervision of transactions. For these purposes, it is necessary to create at minimum the following units or positions:
a) Cashier b) Deposits c) Credit processing d) Loan control e) Loan recovery through judicial channels f) Custody of documents and securities g) Information Technology h) Accounting i) Internal Audit j) Portfolio rating k) Loan and related credit control It must also include a section referring to the administration of the manual, which must have the modification procedures, the subjects who may propose modifications, and those authorized to keep it in their custody.
2. Operational Procedures Manual
This manual must describe the internal control procedures (administrative and accounting) for each of the active, passive, and complementary operations that the Non-Bank Financial Intermediary will perform. The internal control must be described by transaction cycles, preferably using the technique of flowcharts combined with narratives. It must also include a section referring to the administration of the manual, which must have the modification procedures, the subjects who may propose modifications, and those authorized to keep it in their custody.
2.1 Main Transaction Cycles
The cycles considered mandatory, depending on the operations performed by the intermediary, are the following:
a) Cycles for deposits
It must comprise the following stages: deposit opening, withdrawals and remittances, replacement of passbooks and safeguards, and deposit settlement. b) Loan cycles It must comprise the following stages: application processing and its respective controls, deed processing and its controls, granting, registration procedures for guarantees with their respective controls, and recoveries. In addition to the above, special recovery procedures through judicial channels must be prepared, with the description of the corresponding controls; as well as the policies to initiate this process and those related to the recognition of losses when the results of the judicial process determine the uncollectibility of the debts. a) Collection cycles From the receipt of documents until the reimbursement of the collected sum. b) Foreign currency purchase-sale cycle It must include the procedures related to the purchase and those of the sale. c) Investment portfolio cycles It must comprise the acquisition, sale, and redemption of securities and repo transactions. Each of the cycles described above must comprise the following aspects:
a) Adequate segregation of functions. b) Description of the distribution of the original and copies of accounting documents. c) Timeliness in which transactions or accounting operations will be recorded. d) Quantification of transactions and operations. e) Authorization and approval systems for transactions and operations. f) Information procedures (The activities to be performed through computers must be described generally, indicating the base documents to introduce information into the system, the authorizations to access the system, and the reports that will be issued). g) The method of organizing document files.
2.2 Accounting Systems and Procedures
In addition to the cycles described above, procedures must be designed on the following aspects:
a) The manner in which accounting operations will be recorded, in each of the legalized books and generally in the auxiliary accounting records. b) The manner of relating accounting vouchers to entries in the books and previous records. c) The authorization processes for accounting vouchers, generated by each operational department and by the accounting department. d) The calculation and accounting of interest and commissions to be received and paid.
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TECHNICAL STANDARDS FOR ESTABLISHING AND OPERATING SAVINGS AND CREDIT COOPERATIVES TO CAPTURE PUBLIC SAVINGS Approval: 14/12/2023 Validity: 02/01/2024
Annex No. 3
2.3 Information Systems
This section of the manual must deal with the data processing systems that will be used in the different activities of an economic nature and must deal at minimum with the applications for deposits, loan portfolio, accounting, and cash operations. In each of these programs, at least the following must be described:
a) General description of the system and the main processes. b) Relational design of files. c) Description and detailed design of the files and fields. d) User manual for the systems:
Alameda Juan Pablo II, between 15 and 17 Av. Norte, San Salvador, El Salvador.
Tel. (503) 2281-8000 www.bcr.gob.sv
CNBCR-11/2023
NRP-46
TECHNICAL STANDARDS FOR ESTABLISHING AND OPERATING SAVINGS AND CREDIT COOPERATIVES TO CAPTURE PUBLIC SAVINGS Approval: 14/12/2023 Validity: 02/01/2024 a) Application forms, contracts, securities, remittances, withdrawals, and other documents that will be used in active and passive operations. b) Models of the legalized accounting books that will be used. c) Forms for accounting documents for income (credit notes, receipts, cash summaries), expenses (checks, vouchers, etc.), and journal entries.
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