Lps Regulation No. 3/plps/2011 2011

Original Language Title: Peraturan Lembaga Penjamin Simpanan Nomor 3/PLPS/2011 Tahun 2011

Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c512a29c8c09000313233333431.html

BN952-2011 REPUBLIC of INDONESIA No. 952, 2012 LPS. The Failed Bank was not Systemic Impact. Settlement. REGULATION of LPS of the REPUBLIC of INDONESIA number 3/PLPS/2011 ABOUT the SECOND AMENDMENT ABOVE LPS REGULATION No. 4/PLPS/2006 CONCERNING the COMPLETION of the FAILED BANK'S SYSTEMIC IMPACT NOT by the GRACE of GOD ALMIGHTY the BOARD of COMMISSIONERS of the LPS of the REPUBLIC of INDONESIA, Considering: a. that the settlement Bank Failed the systemic LPS do no impact by doing or not doing rescue rescue Failed banks in question; b. that to rescue a Failed Bank is not impacted by systemic LPS based on estimates of the cost of the rescue and the estimated cost of the Bank rescue Fails, as well as meet the requirements of a Failed Bank rescue is not a systemic impact; c. that needs to be done upon the consummation of the provisions on salvage cost estimates and cost estimates are not saved, and the terms of the Failed Bank rescue is not a systemic impact as set forth in Regulations No. 4 Lps/PLPS/2006 concerning the completion of The Failed Bank was not Systemic Impact; www.djpp.depkumham.go.id 2011, no. 952 2 d. that based on considerations as referred to in letter a, letter b and c need to set rules of Lps on the changes of both Lps Regulation No. 4/PLPS/2006 concerning the completion of The Failed Bank was not Systemic Impact; Remember: 1. Act No. 24 of 2004 about Lps (Gazette of the Republic of Indonesia Number 96 in 2004, an additional Sheet of the Republic of Indonesia Number 4420) as amended by Act No. 7 of 2009 (State Gazette of the Republic of Indonesia No. 8 in 2009, an additional Sheet of the Republic of Indonesia Number 4927); 2. Regulation No. 4 Lps/PLPS/2006 concerning the completion of the Failed Bank was not Systemic Impact (news of the Republic of Indonesia Number 77 in 2006) as amended by Regulation No. 2 Lps/PLPS/2007 (news of the Republic of Indonesia number 10 in 2008); Decide: define: REGULATION of LPS on the CHANGES of BOTH LPS REGULATION No. 4/PLPS/2006 CONCERNING the COMPLETION of the FAILED BANK was NOT SYSTEMIC IMPACT. Article I some provisions in the regulations No. 4 Lps/PLPS/2006 concerning the completion of The Failed Bank was not Systemic Impact (news of the Republic of Indonesia Number 77 in 2006) as amended by Regulation No. 2 Lps/PLPS/2007 (news of the Republic of Indonesia Year 2008 number 10) is amended as follows: 1. The provision of article 6 paragraph (1) and subsection (2) amended , so that the overall article 6 reads as follows: article 6 (1) fulfillment of the solvency rate in the calculation of the estimated cost of the saving referred to in article 5 is the addition of capital to: www.djpp.depkumham.go.id 2011, no. 952 3 a. comply with capital adequacy ratio (KPMM) established by the LPP; b. anticipate potential losses: 1) which comes from the balance of on-balance sheet or off-balance sheet are categorized problematic and/or potentially problematic; 2) that comes from the demands of financial compensation from the other party; and 3) other/not yet recorded on the balance sheet of the bank, both on-balance sheet or off-balance sheet. (2) additional capital to anticipate potential losses as referred to in paragraph (1) letter b taken into account in terms of the potential losses are not accounted for in the KPMM ratio set by the LPP. 2. The provisions of article 7 is modified, so that the overall article 7 reads as follows: article 7 (1) fulfillment of the level of liquidity in the calculation of the estimated cost of the rescue as stipulated in article 5, including the addition of funds for the: a. the fulfilment of Compulsory Minimum Giro requirement (GWM) to commercial banks or Cash Ratio (CR) for the Bank Of the people; b. fulfillment of obligations to another party outside the bank loans and subordinated liabilities to related parties, both recorded on the balance sheet on-balance sheet or off-balance sheet for a period of at least 6 (six) months and a maximum during 1 (one) year since the bank became the Bank Fails to pay attention to the condition of the bank; c. operational costs of the bank in the form of labor costs and operational costs of other banks (overhead cost) for a period of at least 6 (six) months and a maximum during 1 (one) year since the bank became the Bank Fails to pay attention to the condition of the bank; d. the costs associated with use of third party services, among others, the cost of audits by Public Accountants, appraisers, and legal consultant; and e. other costs required in order to rescue. (2) the fulfillment of the liquidity rate referred to in subsection (1) takes into account the estimated funds entered at least 6 (six) months and a maximum during 1 (one) year since the bank became www.djpp.depkumham.go.id 2011, no. 952 4 Bank has failed to pay attention to the condition of the banks, which include: a. receipt of installments or payment of credit; b. gathering together the customer deposits; c. interbank loans; and d. other admission. 3. Between article 7 and article 8 pasted one article, namely Article 7A to read as follows: Article 7A solvency level of Compliance and the level of liquidity as referred to in article 6 and article 7 taking into account also the addition of capital to support the growth or expansion of bank of at least 8% (eight per cent) above the KPMM ratio set by the LPP as referred to in article 6 paragraph (1) letter a. 4. The provisions of article 8 were changed so that the overall article 8 reads as follows: article 8 cost estimates don't do rescues as referred to in article 4 paragraph (2) letter a, consisting of: (1) the estimated cost will be paid, consists of: a. payment of guaranteed deposits; b. the cost of bailouts for indebted salary and severance employees; c. costs associated with payment of customer deposits, among others, the cost of reconciliation and verification, legal consultants, and the fee payer to the bank; and d. the potential costs related to financial indemnity claims related to customer deposits. (2) estimates of the costs that will be paid as referred to in subsection (1) takes into account an estimate of the receipts from the sale of LPS and disbursement of bank assets that permit was revoked. (3) an assessment of the estimated receipt of bank assets in the form of bills to other banks, securities, credit given, as well as fixed assets and inventory was conducted having regard to: a. the quality and types of assets, ownership documents and binding of collateral; and/or b. historical data rate of return (recovery rate) the disbursement of Bank assets In liquidation. 5. The provisions of article 10 is amended so that the overall article 10 reads as follows: www.djpp.depkumham.go.id 2011, no. 952 5 article 10 LPS sets out to rescue the Bank Failed If the following requirements are met: a. the estimated cost of the highest rescue of 75% (seventy five percent) of the estimated cost of not saving; b. the Bank still has a good business prospects, among others in: 1) the bank has a strategic location, extensive office network, and/or adequate infrastructure; 2) bank has a superior product; 3) confidence level of society against the bank is still good; 4) the complexity of the problems faced by the bank are still within the limits of reasonableness; 5) banks have been doing the repair efforts or Bank, for example doing a restructuring and/or credit penghapusbukuan; and 6) the bank has employees who have integrity and competence. c. There is a statement of the GENERAL MEETING OF SHAREHOLDERS of the bank at least contain: 1) a willingness to cede the rights and powers of SHAREHOLDERS to the LPS; 2) handed over the management of the bank to the LPS; 3) does not demand or its designees LPS LPS when LPS performed rescue process doesn't work, all LPS or its designees LPS do its work in accordance with the regulations; and d. the Bank submit to the GOVERNMENT documents regarding: 1) the use of facilities funding from Bank Indonesia and collateral submitted; 2 customer Debitor financial data); 3) capital structure and shareholder 3 (three) years; and 4) other information needed LPS is related to the assets, liabilities, and capital of the bank. 6. Between Article 29 and article 30 pasted one article, namely Article 29A to read as follows: www.djpp.depkumham.go.id 2011, no. 952 6 Article 29A LPS can point to government agencies in the field of supervision or auditing, public accounting, or others who have the ability to carry out due diligence and/or calculation of costs saved or not saved costs. Article II of these Lps Regulation took effect from the date of promulgation. In order to make everyone aware of it, ordered the enactment of these Lps Regulation with its placement in the news of the Republic of Indonesia Established in Jakarta in December 28, 2011 CHAIRMAN of the BOARD of COMMISSIONERS of the LPS, c. HERU BUDIARGO Enacted in Jakarta on December 28, 2011 MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.depkumham.go.id