Key Benefits:
b. 9% (nine perhundred) up to less than 10% (ten perhundred) of ATMR for the Bank with risk profile of rank 2 (two);
c. 10% (ten perhundred) up to less than 11% (eleven perhundred) of ATMR for the Bank with risk profiles ranking 3 (three); or
d. 11% (eleven perhundred) up to 14% (fourteen perhundred) of ATMR for the Bank with a risk profile of rank 4 (four) or rank 5 (five).
(4) The Financial Conduct Authority is authorized to set the minimum capital greater than the minimum capital as referred to in paragraph (3), in terms of the Financial Conduct Authority assessing the Bank facing potential losses that require greater capital.
(5) The calculation of capital provision of mínimum according to the risk profile as referred to in verse (3) for the first time using the December 2014 position of position risk profile.
(6) The obligation of capital provision mínimum corresponding to the risk profile as referred to in paragraph (1) is specified as follows:
a. The provision of capital mínimum in position in March to August was based on the position of the risk profile of the previous December position of the year before;
b. The provision of capital mínimum in position in September to February of the following year is based on the position of the June position risk profile.
(7) In the event of a change in the profile of the risk profile between the profile assessment period the risk as intended in paragraph (6), the minimum capital provision is based on the last risk profile ranking.
Article 3
(1) In addition to the KPMM in accordance with the risk profile as referred to in Section 2, the Bank is required to form additional capital as a buffer in accordance with the criteria.
(2) Additional capital as Referred to in paragraph (1) may be:
a. Capital Conservation Buffer;
b. Countercyclical Buffer; and/or
c. Capital Surcharge for D-SIB.
(3) The capital additional capital as referred to in paragraph (2) is set as follows:
www.peraturan.go.id
2014, No. 352 6
a. Capital Conservation Buffer is set at 2.5% (two five-perhundred commas) of ATMR;
b. Countercyclical Buffer is set in a range of 0% (zero perhundred) up to 2.5% (two five-perhundred commas) of ATMR;
c. Capital Surcharge for D-SIB is set in a range of 1% (one perhundred) up to 2.5% (two five-perhundred commas) of ATMR.
(4) The Financial Conduct Authority sets the magnitude of the Capital Surcharge percentage for D-SIB as referred to in paragraph (3) of the letter c.
(5) The Financial Conduct Authority may set a Capital Surcharge percentage for D-SIB that is larger than the range as referred to in paragraph (3) of the letter c.
(6) Additional capital as referred to in paragraph (3) is filled with key core capital components.
(7) Fulfillment of capital extra as referred to in paragraph (6) is taken into account after the main core capital component is allocated for meets the provision of provisioning obligations:
a. minimum primary core capital;
b. minimum core capital; and
c. minimum capital according to the risk profile as referred to in Article 2 of paragraph (3).
Article 4
(1) The Bank of which it is the General Bank of Business Activities (BOOK) 3 and BOOK 4 is required to form Capital Conservation Buffer as referred to in Article 3 of the paragraph (3) letter a.
(2) The entire Bank is obliged to form a Countercyclical Buffer as referred to in Article 3 of paragraph (3) letter b.
(3) The Bank specified a systemic impact must constitute Capital Surcharge for D-SIB as referred to in Section 3 of the paragraph (3) of the letter c.
Section 5
(1) The Bank's Obligability to form additional capital is Capital Conservation Buffer as referred to in Article 3 of the letter (3) letter a will gradually begin on 1 January 2016.
(2) The formation of Capital Conservation Buffer as referred to in paragraph (1) is required to be gradually satisfied as follows:
www.peraturan.go.id
2014, No. 3527
a. by 0.625% (zero comma six hundred twenty-five perhundred) of ATMR starting 1 January 2016;
b. 1.25% (one comma twenty-five perhundred) of ATMR starting January 1, 2017;
c. by 1,875% (one comma eight hundred seventy-five perhundred) of ATMR starting January 1, 2018; and
d. by 2.5% (two five-perhundred commas) of ATMR starting on 1 January 2019.
(3) The Bank ' s obligation to form additional capital is Countercyclical Buffer as referred to in Article 3 paragraph (3) the letter b came into effect on 1 January 2016.
(4) The Financial Conduct Authority may impose a Countercyclical Buffer faster than the time referred to in paragraph (3).
(5) The Bank's Obligability to form Capital Surcharge for D-SIB as referred to in Section 3 of the letter c for the Bank which is set to systemic impact is effective on 1 January 2016.
Section 6
In terms of the Bank having and/or performing the Controlling of the Children's Enterprise, the KPMM as referred to in Section 2 and the additional establishment obligations of capital as a buffer as referred to in Article 3 applies to Banks are both individually and consolidated with the Children's Enterprise.
Section 7
(1) The bank is prohibited from operating profit if the profit distribution is intended to result in the condition of the Bank's application not to meet the conditions. referred to in Section 2 both individually and consolidly with Child Company.
(2) The bank is subject to profit distribution restriction if profit distribution results in the condition of the bank ' s application not to meet the provisions as referred to in Section 3 either individually and consolidated with the Child Company.
(3) The restrictions on profit disriplugs as referred to in paragraph (2) are specified by the Financial Conduct Authority.
BAB II
APPLICATION
First Section
Modal
Section 8
(1) The Capital consists of:
www.peraturan.go.id
2014, No. 352 8
a. core capital (tier 1) which includes:
1. main core capital (common equity tier 1);
2. additional core capital (additional tier 1); and
b. complementary capital (tier 2).
(2) The Modal as referred to in paragraph (1) must account for the factors that are decoding the capital.
(3) In the consolidated capital calculation, the Child Company ' s capital component that can be taken into account as core capital the primary, additional core capital, and ovement); or
3) a position that is owned for the purpose of maintaining an arbitration advantage (locking in arbitrage profits);
b. Hedge against other positions in Trading Book.
15. Banking Book is all the other positions that are not included in Trading Book.
Section 2
(1) The bank is required to provide minimum capital at risk profile.
(2) Minimum capital supplies as referred to in paragraph (1) is calculated using the Minimum Capital Provision Obligation Ratio (KPMM).
(3) The minimum capital preparation as referred to in paragraph (1) is set at the lowest as follows:
a. 8% (eight perhundred) of Weighted Assets According To Risk (ATMR) for the Bank with a ranking risk profile of 1 (one);
www.peraturan.go.id
2014, No. 3525
a. meets the applicable requirements for each of the capital components as applied to the Bank individually; and
b. special for additional core capital and complementary capital, in terms of being published by the Company Children instead of the Bank other than meeting the requirements on a letter a, must have a feature to be converted into a regular stock or write down mechanism if the Bank The consolidation of non viability (point of non viability) is clearly expressed in publishing documentation.
The Second Section
Modal Core
Article 9
(1) The core Modal as referred to in Section 8 of the paragraph (1) of the letter a consists of:
a. the primary core capital (common equity tier 1) which includes:
1. capital is tuned;
2. Additional capital backup (disclosed reserve); and
b. additional core capital (additional tier 1).
(2) The bank is required to provide the lowest core capital of 6% (six perhundred) of ATMR both individually and consolidated with Child Company.
(3) The bank is required to provide the lowest primary core capital of 4.5% (four five-perhundred commas) of ATMR both individually and consolidated with the Child Company.
Section 10
The specified capital Instrument as referred to in Article 9 of the paragraph (1) the letter a number 1 must meet the requirements as a following:
www.peraturan.go.id
2014, No. 3529
a. published and already paid in full;
b. is permanent;
c. is available to absorb losses that occur prior to the liquidation or at the time of liquidation;
d. The acquisition of imbal results is inascerable and cannot be accumulated between periods;
e. neither protected nor guaranteed by the Bank or Children ' s Company;
f. have a dividend payment characteristic or imbal results:
1. is derived from the profit and/or profit of the year running;
2. does not have an exact value and is not related to the value paid for the capital instrument;
3. does not have a preference feature; and
g. the source of the funding does not come from the publisher's bank either directly or indirectly.
Article 11
The repurchase of a stock (treasury stock) which has been recognized as a component of capital information can only be done with meets the requirements as follows:
a. after a term of 5 (five) years since publishing;
b. for a specific purpose;
c. performed in accordance with applicable laws;
d. has obtained the Financial Services Authority ' s approval; and
e. not cause a capital decrease under the minimum requirements as referred to in Section 2, Section 3, and Section 6.
Section 12
(1) additional capital reserve (disclosed reserve) as referred to in Section 9 of the paragraph (1) letter of a figure 2 takes into account the things as follows:
a. The add factor is:
1. agio;
2. donation capital;
3. General backup;
4. profits in past years;
5. Year earnings running;
www.peraturan.go.id
2014, No. 352 10
6.
7. the requirements of a capital that meets the requirements:
a) has been full-paid for the purpose of capital addition but has not been supported with the completeness of the requirements to be classed as capital dictors such as the implementation of the Shareholders General Meeting (RUPS) nor the authorization of the base budget of the authorized instance;
b) is placed on a special account (escrow account) that is not given an imbal result;
c) may not be retracted by the shareholders/prospective shareholders and available to absorb losses; and
d) the use of funds must be with Financial Services Authority Agreement;
8. waran which is published as an incentive to a recognized bank shareholder of 50% (fifty-one hundred) of a reasonable value by meeting the requirements:
a) the underlying instrument is a common stock;
b) cannot be converted into the form other than stock; and
c) the calculated value is a reasonable value of the waran at its publishing date;
9. stock options (stock option) are published through a recognized (employee/management stock option) employee compensation program (employee/management stock option) which is 50% (fifty perhundred) by meeting the requirements:
a) the instrument underlying is common stock;
b) cannot be converted to in form other than stock; and
c) the calculated value is a reasonable value of the stock option on the compensation date;
10. Other comprehensive revenue is the potential benefit derived from the increased value of the financial assets classified within the group available for sale;
11. Fixed asset revaluation surplus balance.
www.peraturan.go.id
2014, No. 35211
b. decoding factor is:
1. disagio;
2. Last year's loss;
3. Year-running loss;
4. lack of financial report summation;
5. Other comprehensive revenue is the potential for losses stemming from a decrease in the reasonable value of the financial assets classified within the group available for sale;
6. Less than 5% of the total number of non-production data is available for the following: less than the number of adjustments to the financial instruments in Trading Book and the number of adjustments based on the applicable financial accounting standard provisions;
8. Elimination of non-productive Assets.
(2) In the calculation of additional capital reserves as referred to in paragraph (1), profit in the past year and/or year running as referred to in paragraph (1) letter a number 4 and number 5 must be is excluded from the influence of factors:
a. the increase or decrease of reasonable value over financial obligations; and/or
b. advantages over asset sales in securitization transactions (gain on sale).
Section 13
(1) additional core capital instruments as referred to in Section 9 of the paragraph (1) letter b must meet the following requirements:
a. published and already paid in full;
b. do not have a timeframe and no requirement requires a future Bank softening;
c. does not have a step-up feature;
d. have a feature to be converted into a regular stock or write down mechanism if the Bank is potentially compromised by its efforts (point of non viability) that is clearly stated in the issuer/agreement documentation;
e. Subordinated to the time of liquidation, which is clearly stated in the publishing/agreement documentation;
www.peraturan.go.id
2014, No. 352 12
f. acquisition of imbal results/margins/ujrah cannot be ascerated and cannot be accumulated between periods;
g. neither protected nor guaranteed by the Bank or Children ' s Company;
h. does not have a dividend payment feature or imbal results/margin/ujrah which is sensitive to credit risk;
i. if it is accompanied by a purchase option (call option), it must meet the requirements:
1. can only be executed most quickly 5 (five) years after the modal instrument is published; and
2. publishing documentation must specify that the option can only be executed for the Financial Conduct Authority ' s approval;
j. cannot be purchased by the issuer Bank and/or Children ' s Company;
k. hnique.
www.peraturan.go.id
2014, No. 352 20
(3) Verification as referred to in paragraph (1) is mandatory at least 1 (one) times in 1 (one) month by the parties not participating in the performance of the valuation.
(4) The bank is obliged to adjust the results The value of the survey is based on the results of the survey.
Article 35
The bank is obliged to immediately make adjustments to the valuation results that do not yet reflect a reasonable value in terms of:
a. a significant change in economic conditions;
b. Referenced financial instruments are the prices that occur from forced transactions, forced liquidation, or sales due to financial difficulties;
c. Financial instruments are approaching due date; and/or
d. Pricing is not reasonable because of other conditions.
Article 36
(1) In addition to the adjustments as referred to in Article 35, the Bank is obliged to make an adjustment to the position of the financial instruments in Trading Book which is lacking a licuid by considering certain factors.
(2) In terms of the adjustment as referred to in paragraph (1), the Bank is required to account for the effect of adjustment as the primary core capital reduction factor in The KPMM's calculations.
Article 37
(1) In ATMR calculations for Market Risk, the Bank uses the approach:
a. Standard Method (Standard Method); and/or
b. Internal Model (Internal Model).
(2) The Bank that meets certain criteria as referred to in Article 24 is required to first use the Standard Method in taking into account the Market Risk.
(3) The bank that uses the Internal Model approach as referred to In a paragraph (1) the letter b is required to obtain prior approval from the Financial Services Authority.
www.peraturan.go.id
2014, No. 35221
BAB IV
Internal Capital Adequacy Asessment Process (ICAAP) and
Supervisory Review and Evaluation Process (SREP)
First Section
Scope Internal Capital Adequacy Assessment Process (ICAAP)
Article 38
(1) In meeting the KPMM according to the risk profile as referred to in Article 2 both individually and in consolidating the Child Company, the Bank is required to have a customized ICAAP with the size, characteristic, and complexity of the Bank ' s efforts.
(2) The ICAAP covers the most little:
a. active supervision of the Board and the Board of Commission;
b. capital adequate assessment;
c. monitoring and reporting; and
d. internal control.
(3) The bank is obliged to document the ICAAP.
The Second Section
Supervisory Review and Evaluation Process (SREP)
Article 39
(1) Financial Services Authority conducts SREP.
(2) Based on the SREP results, the Financial Conduct Authority can ask the Bank to correct the ICAAP.
Article 40
(1) In terms of the difference in capital calculation results in the risk profile between the results of self assessment Bank with the SREP results, the prevailing capital calculation is the SREP result.
(2) In terms of the Financial Conduct Authority assessing the capital it does not meet the minimum capital according to the risk profile as referred to in Article 2 both individually and in consolidation with the Children ' s Company, the Services Authority Finance can ask the Bank for:
a. add capital to meet KPMM at risk profile;
b. fix the quality of risk management process; and/or
c. decrease risk exposure.
www.peraturan.go.id
2014, No. 352 22
Section 41
In terms of the Financial Conduct Authority assessing the declining trend of Bank capital that potentially leads Bank capital to be under KPMM according to risk profile, the Financial Conduct Authority can asked the Bank to do among other things:
a. restriction of certain business activities;
b. the opening restrictions of the office network; and/or
c. capital distribution restriction.
BAB V
REPORTING
Section 42
(1) The bank is required to deliver reports of KPMM calculations both individually and consolidated.
(2) The bank that meets certain criteria as referred to in Article 24 is required to deliver a KPMM calculation report by taking into account the Market Risk.
(3) Drafting and delivery of the report as referred to in paragraph (1) and paragraph (2) mandatory reference to the provisions concerning the periodical report of the Syariah General Bank which apply.
(4) In terms of the terms for the drafting and delivery of the report as referred to in paragraph (1) and paragraph (2) are not yet set in the periodic report of the Syariah General Bank, the Bank is required to report the calculation of KPMM on a monthly basis. the format specified by the Financial Services Authority.
(5) The report as referred to in paragraph (4) is required to be delivered to the Financial Services Authority at the slowest date of 21 (twenty-one) the following month after the month of the report is concerned.
(6) The late bank delivered a KPMM calculation report as Referred to in paragraph (5), remains required to submit a report.
Section 43
(1) The bank is required to deliver a minimum capital adequation report according to the risk profile to the Financial Services Authority.
(2) The report as referred to in the verse (1) is delivered in conjunction with the delivery of the self assessment of the Bank Health Level.
(3) The deadline delivery of the report as referred to in paragraph (2) refers to the provisions of the General Bank's health level assessment. Sharia.
www.peraturan.go.id
2014, No. 35223
Article 44
(1) The bank is declared late to submit a report as referred to in Section 43 of the paragraph (1) if the report is received by the Financial Services Authority 5 (five) days after the deadline the delivery of the report.
(2) The bank is stated not to submit a report as referred to in Section 43 of the paragraph (1) if the report is not received by the Financial Services Authority after the time limit as referred to in paragraph (1).
(3) the Bank stated not to submit a report to remain mandatory to submit the report as referred to in Article 43 of the paragraph (1).
BAB VI
LAIN-LAIN
Article 45
The bank is prohibited from trading over financial assets in groups available for sale, which is done with a trade-like pattern of financial assets in a trafficked group:
a. in a significant amount; and/or
b. in high frequency.
BAB VII
SANCTION
Article 46
The bank that violates the provisions as set in Section 2 of the paragraph (1), Section 3 of the paragraph (1), Section 4, Section 5 of the paragraph (2), Section 7, Section 8 of the paragraph (2), Section 9 of the paragraph (2) and verse (3), Article 23, Section 27, Section 28, Section 29 lished; and/or
b. ask price for assets to be acquired or liabilities owned.
(4) In terms of market pricing as referred to in paragraph (2) is not available, the Bank may set a reasonable value by using a model or assessment technique Based on the principle of prucency.
Section 34
(1) The bank is required to verify the process and results of the valuation.
(2) Verify the process and the least result of the value of the valuation of the market price and the information used as a input in the scoring model or tec of the paragraph (2), Section 30 of the paragraph (2), Section 31, Section 32 of the paragraph (1), Article 33 of the paragraph (1), Section 34 of the paragraph (1), paragraph (3), and paragraph (4), Section 35, Section 36, Section 36, Section 37 of the paragraph (2) and paragraph (3), paragraph (3), and paragraph (3), and the paragraph (3), and the paragraph (3), and the paragraph (3), and the paragraph (2), and the paragraph ( Article 42 of the paragraph (1), paragraph (2), paragraph (3), paragraph (4), and paragraph (6), Section 43 of the paragraph (1), and Article 44 of the paragraph (3), are subject to sanction administrative, among other things:
a. written reprimand;
b. prohibition on expansion of venture activities;
c. freezing of certain business activities;
d. the opening ban of the office network;
e. a decrease in the Bank ' s health level; dan/or
f. Bank manager and/or shareholder in a list of people who are prohibited to be a shareholder and a bank administrator.
www.peraturan.go.id
2014, No. 352 24
Section 47
The bank that does not deliver a KPMM calculation report as referred to in Article 42 of the paragraph (5) is charged with a pay liability of Rp1,000.00 (one million rupiah) per business day The amount of the delay in the amount of Rp30,000.00 (thirty million).
Article 48
(1) In addition to the sanctions as referred to in Article 46, the Bank stated:
a. late passing the report as referred to in Article 44 of the paragraph (1), subject to a pay liability sanction of Rp1,000.00 (one million rupiah) per day of delay;
b. does not address the report as referred to in Article 44 of the paragraph (2), subject to a pay liability sanction of Rp50,000.000.00 (fifty million rupiah).
(1)
(2) In terms of the Bank being charged with pay liability for being declared not to submit the report as referred to in paragraph (1) letter b, the sanction of the pay obligation is due to late passing the report unenforced.
Section 49
In addition to the administrative sanction as referred to in Section 46, the Bank that does not meet KPMM matches the risk profile as referred to in Section 2 either individually and consolidated with the Children's Enterprise. mandatory steps or corrects by referring to The provisions of the conduct of the bank's oversight and status.
Section 50
(1) The Bank that violates the provisions as referred to in Article 45 is subject to the sanction of which is not allowed to classify the purchase of assets The next financial person in the group is available for sale, for 6 (six) months counts from the date of the release of the coaching letter by the Financial Conduct Authority.
(2) The bank is in violation of the provisions as referred to in Article 45 for the second For the time, the sanctions were not allowed to group the purchase of assets. The next financial in the group is available for sale for 1 (one) year counts since the date of the release of the coaching letter by the Financial Conduct Authority.
www.peraturan.go.id
2014, No. 35225
(3) The bank in violation of the provisions as referred to in Article 45 more than twice, imposed sanctions are not allowed to group the purchase of the next financial assets in the group available to sold for 2 (two) years from the date issued of the coaching letter by the Financial Conduct Authority.
BAB VIII
TRANSITION provisions
Section 51
(1) The capital and capital requirements as referred to in Article 3, Section 4, and Section 5 of the Bank of Indonesia Regulation No. 7/13/PBI/2005 on Liability The provision of the General Bank's minimum capital based on the principle of Sharia as amended with the Indonesian Bank Regulation Number 8/7/PBI/2006 was declared to remain in effect until 31 December 2015.
(2) capital components and requirements as referred to in Section 8 to Section 21, unless Section 9 of the paragraph (2) and paragraph (3) of the Regulation of the Financial Services Authority entered into force on 1 January 2016.
Section 52
(1) Capital Instrument, as set in Bank Indonesia Regulation No. 7/13/PBI/2005 on the Liability Obligability of the General Bank on the basis of the Sharia principle as amended by the Regulation of the Bank Indonesia Number 8/7/PBI/2006, which did not have a term and was published before 1 January 2015 but did not meet the criteria for capital components according to this provision may remain recognized as a capital component up to 31 December 2018.
(2) Capital Instruments as set up in Indonesia Bank Regulation No. 7/13/PBI/2005 on Obligation Provision Of The Minimum Capital Bank Based On Sharia Principle as amended by Indonesian Bank Regulation No. 1 8/7/PBI/2006, which had a term and was published before 1 January 2015 but did not meet the criteria for capital components according to this provision may remain recognized as a capital component until the due date.
BAB IX
CLOSING provisions
Article 53
Further provisions of the Financial Conduct Authority Regulation This is set with the Financial Conduct Authority Circular Letter.
www.peraturan.go.id
2014, No. 352 26
Section 54
(1) At the time the Regulation of the Financial Services Authority came into force, Bank Indonesia Regulation No. 7/13/PBI/2005 on the Liability of Provision Of The Minimum Capital Bank Based On The Principle Of Sharia (Sheet Indonesia's Republic of Indonesia Year 2005 Number 47, Additional Gazette Republic of Indonesia No. 4501) as amended by Indonesian Bank Regulation Number 8/7/PBI/2006 (State Gazette Indonesia Year 2006 Number 17, Extra Sheet) State of the Republic of Indonesia No. 4606) except for Article 3, Section 4, and Section 5, revoked and stated not to apply.
(2) The provisions as referred to in Section 3, Section 4, and Section 5, Indonesian Bank Regulation No. 7/13/PBI/2005 on the Liability of Provision Of The Minimum Capital Bank Based On The Principle Of Sharia (State Sheet) Republic of Indonesia Year 2005 Number 47, Additional Gazette Republic of Indonesia No. 4501) as amended by Regulation of Indonesia Bank Indonesia Number 8/7/PBI/2006 (State Gazette Indonesia Year 2006 Number 17, Additional Gazette) Republic of Indonesia Number 4606) was revoked and declared not valid on the 1st January 2016.
Article 55
The Regulation of the Financial Conduct Authority came into effect on January 1, 2015.
In order for everyone to know, order the authoring of this Financial Services Authority Regulation with its placement in the State Sheet of the Republic of Indonesia.
Set in Jakarta
on November 18, 2014
CHAIRMAN BOARD COMMISSIONER OF FINANCIAL SERVICES AUTHORITY,
MULIAMAN D. HADAD
promullated in Jakarta
on 19 November 2014
MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,
YASONNA H. LAOLY
www.peraturan.go.id
