Concerning Modification And Completion Of The Regulation With Regard To The Liquidity Of The Bank, Approved By The Board Of Directors Of The National Bank Of Moldova, Report No. 28 Of 8 August 1997

Original Language Title: cu privire la modificarea şi completarea Regulamentului cu privire la lichiditatea băncii, aprobat de Consiliul de administraţie al Băncii Naţionale a Moldovei, proces-verbal nr. 28 din 8 august 1997

Read the untranslated law here: https://www.global-regulation.com/law/moldova/5967635/cu-privire-la-modificarea-i-completarea-regulamentului-cu-privire-la-lichiditatea-bncii%252c-aprobat-de-consiliul-de-administraie-al-bncii-naionale-a-mo.html

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concerning modification and completion of the regulation with regard to the liquidity of the Bank, approved by the Board of Directors of the National Bank of Moldova, report No. 28 of 8 august 1997



Published: 22.01.2016 in the Official Gazette No. 13-19 art Nr: 86 date of entry into force: 30.06.2016 RECORDED: Minister of Justice of the Republic of Moldova the Minister _ _ _ Vladimir CEBOTARI nr. 1095 of 13 January 2016 under article 5 paragraph 1. (1) d), art. 11(2). (1), article 27(2). (1) the letter c), article 44 letter a) and article 46 of law No. 548-XIII of 21 July 1995 regarding the National Bank of Moldova (republished in the Official Gazette of the Republic of Moldova, 2015, nr. 298-300, art. 544) and art. 25, art. 28 para. (2) (a). a), article 37, paragraph 1. (1) 40 of the Act on financial institutions no. 550-XIII of 21 July 1995 (republished in the Official Gazette of the Republic of Moldova, 2011, no. 78-81, art. 199), with subsequent amendments and additions, the Executive Board of the National Bank of Moldova DECIDES: 1. Regulation on the liquidity of the Bank, approved by the Board of Directors of the National Bank of Moldova, report No. 28 of 8 august 1997 (Monitorul Oficial of the Republic of Moldova, 1997, no. 64-65, art. 105), with subsequent amendments and completions, registered at the Ministry of Justice of the Republic of Moldova on 15 February 2010 No. 733, is modified and completed as follows: 1) chapter II: a) is supplemented by section 31 reads: "31. Principle III States that liquidity liquidity maturity bands up to one month; 1-3 months; 3-6 months; 6-12 months over 12 months, expressed as the ratio between actual and necessary liquidity liquidity maturity on each tape, must not be smaller than the coefficient laid down in this regulation. ";
b) 4, after the words "loan" due to be completed by the words "or its" tranche;
5 c), after the word "deposit" is completed by the words "or any part thereof";
d) shall be added to points 9, 10, 11, 12, 13 and 14 with the following: "9. the category A Countries representing the Member States of the European Union and the countries which are members of the Organization of the full economic cooperation and development (OECD); where a country in this category their reeşalonează foreign public debt, the country is excluded from class for a period of 5 years.
10. the liquidity Surplus/deficit represents the difference between the positive/negative effective liquidity and liquidity required.
11. reserve Deficit represents the amount insufficient determined in accordance with the regulations of the National Bank of Moldova on the reserve.
12. liquidity risk represents the risk of liquidity of a bank in relation to a person or group of persons, whose bonds/debt represents at least 10% of the value of debts, other than loans and loan commitments.
13. Group of people related are two or more natural persons and/or legal entities: a) constituting, if not proves otherwise, a single liquidity risks, since one person owns, directly or indirectly, control over other times other people;
b) between which there is a controlling relationship, but which must be regarded as representing a single liquidity risk, because between them there are also linkages that the withdrawal by one of the persons of a deposit, closing a current account and/or using a lending commitment received from the Bank can generate on behalf of other persons deposit withdrawal closing current accounts and/or use of credit commitments have been received from the Bank.
14. amounts incurred in derivative financial instruments derivative financial instruments assets reflected in the balance sheet and accounts conditional and amounts to be collected/paid in derivatives operations. ".
2) chapter III: a) item 1: b(3) (1), after the word "credit" is completed by the words "and private";
the menu item (5) the words "investment securities" shall be replaced with the words "financial assets kept until maturity";
(6) the text of the words "fixed assets" shall be replaced with the words "tangible assets";
the text "minus discounts for assets; depreciation of fixed assets and asset revaluation reserves for the aforesaid "shall be replaced with the text" minus the size of the reductions for losses on these assets, calculated in accordance with the regulation on the classification of assets and conditional commitments; depreciation of tangible fixed assets and asset revaluation differences referred to ";
b) in point 2: the menu item 1) a. ' and precious metals "shall be replaced with the text" (cash and other monetary values) ";
in subparagraph (1) (d)), after the words "current" means net interchange shall be supplemented by the words ' placed on banks in the Republic of Moldova, as well as those from abroad with a rating not lower than BBB-/Baa3 awarded by at least one agency Standard Poor's, & Moody's and Fitch-IBCA, on condition that the banks in question are given concomitantly with the residents of the countries listed "ratings;
the menu item "text 2) excluding discounts for assets" shall be replaced with the words ' among 160 from FINE 1-instruction on BALANCE SHEET, financial statements, FINREP individually applicable to banks ";
c) is completed with the following paragraph 21: ' 21. Principle III (liquidity maturity bands) Principle III is to be calculated as the ratio of the actual liquidity and liquidity required on each maturity band and must not be less than 1 on each strip of maturity. In the case of posting a surplus of liquidity in any maturity bands, with the exception of the last stripe, it will add to the level of actual liquidity which relates to the following maturity band.
Liquidity indicator on maturity: up to one month; 1-3 months; 3-6 months; 6-12 months over 12 months and represents the ratio of the actual liquidity and liquidity required.
The actual assets and liquidity-conditional commitments with the respective adjustment coefficient (to determine actual liquidity will not be taken into account, assets and liabilities maturity of which conditional was prolongată 2 times and more, and for assets secured warehouses-security, will not be taken into account such guaranteed portion): 1) cash-100%;
2) interbank transactions-accounts "Nostro", placed and borrowings, investments in banks and loans granted to banks (will take into account the investments and loans for which no record of delays and those delays are registered to pay interest and/or principal repayment of no more than 7 days, including)-100%;
3) customer transactions and loans-loans (will take into account loans and debts for which no record of delays and those delays are registered to pay interest and/or principal repayment of up to 30 days, including): debt instruments)-90%;
(b) loans and advances)-90%;
4) financial assets held for trading: a) equity instruments (listed at a stock exchange category A countries or from Moldova)-50%;
b) debt instruments with a residual maturity of up to one year, including (issued or guaranteed by the organs of the Central Administration from category or country of Moldova, entered the stock exchange listing of category A or of Moldova)-95%;
c) debt instruments with a residual maturity greater than one year (issued or guaranteed by the organs of the Central Administration from category or country of Moldova, entered the stock exchange listing of category A or of Moldova)-90%;
d) loans and advances-100% (it will take into account loans and advances obtained from other entities for the purpose of revînzării for which no record of delays and those delays are registered to pay interest and/or principal repayment of up to 30 days, including);
e) debt instruments other than those mentioned (listed at a stock exchange category A countries or from Moldova)-60%;
5) financial assets designated upon initial recognition as at fair value through profit or loss: a) equity instruments (listed at a stock exchange category A countries or from Moldova)-50%;
b) debt instruments with a residual maturity of up to one year, including (issued or guaranteed by the organs of the Central Administration from category or country of Moldova, entered the stock exchange listing of category A or of Moldova)-95%;
c) debt instruments with a residual maturity greater than one year (issued or guaranteed by the organs of the Central Administration from category or country of Moldova, entered the stock exchange listing of category A or of Moldova)-90%;

d) loans and advances-100% (it will take into account loans and advances for which no record of delays and those delays are registered to pay interest and/or principal repayment of up to 30 days, including);
e) debt instruments other than those mentioned (listed at a stock exchange category A countries or from Moldova)-60%;
6) financial assets available for sale: a) equity instruments (listed at a stock exchange category A countries or from Moldova)-50%;
b) debt instruments with a residual maturity of up to one year, including (issued or guaranteed by the organs of the Central Administration from category or country of Moldova, entered the stock exchange listing of category A or of Moldova)-95%;
c) debt instruments with a residual maturity greater than one year (issued or guaranteed by the organs of the Central Administration from category or country of Moldova, entered the stock exchange listing of category A or of Moldova)-90%;
d) loans and advances-100% (it will take into account loans and advances for which no record of delays and those delays are registered to pay interest and/or principal repayment of up to 30 days, including);
e) debt instruments other than those mentioned (listed at a stock exchange category A countries or from Moldova)-60%;
7) financial assets kept until maturity: a) debt instruments residual maturity of up to one year, including (issued or guaranteed by the organs of the Central Administration from category or country of Moldova, entered the stock exchange listing of category A or of Moldova)-95%;
b) debt instruments with a residual maturity greater than one year (issued or guaranteed by the organs of the Central Administration from category or country of Moldova, entered the stock exchange listing of category A or of Moldova)-90%;
(c) loans and advances)-100% (it will take into account loans and advances for which no record of delays and those delays are registered to pay interest and/or principal repayment of up to 30 days, including);
d) debt instruments other than those mentioned (listed at a stock exchange category A countries or from Moldova)-60%;
8) other financial assets-90%;
conditional commitments) debit-100% (irrevocable and unconditional financial guarantees given to banks, the applicable coefficient Ke).
Ke-is determined by the balance of environmental reporting (to be determined on the basis of the arithmetic mean of monthly balances recorded on the last day of each month) of financial guarantees irrevocable and unconditional, whose execution was claimed by the Bank in the period of 6 months preceding the month for which it draws up reporting and received within 30 days from the date on which enforcement was sought at average balance (to be determined on the basis of the arithmetic mean of monthly balances recorded on the last day of each month) of financial guarantees irrevocable and unconditional, calculated for a period of 6 months preceding the month for which the reporting is drawn up;
10) amounts receivable on derivative financial instruments related to 100%: a) financial assets at fair value through profit or loss and interest calculated (discount/premium) to be received from the operations with derivative financial instruments;
b) derivative financial instruments included in conditional accounts and interest rates (discount/premium) to be received from the operations in question.
Liquidity required financial and debt-conditional commitments with the respective adjustment coefficient (for determining the liquidity required shall not include deposits-deposit for guarantee are assumed by the Bank, exposures for conditional commitments secured by collateral in the form of money deposits, recorded at the Bank will not be taken into account such guaranteed portion): 1) financial liabilities interbank accounts LORO and NOSTRO accounts overdraft interbank deposits, and loans-100%;
2 financial liabilities held for) trading-deposits, debts evidenced by certificates and other financial debts-100%;
3) financial liabilities designated as at fair value through profit and loss-deposits, debts evidenced by certificates and other financial debts-100%;
4) financial liabilities measured at depreciated cost: a) deposits and customers-100% compared to the record high risk bank liquidity and/or if the Reserve Bank recorded a deficit or at least one of the indicators is under the minimum capital;
b) sight deposits held with clients-40% from the Bank does not record high liquidity risk and/or where there Bank recorded a deficit of reserve or any indicator of capital is not below the minimum;
c) time deposits of clients-15% (in each maturity band) and 5% of total deposits (on the first strip of maturity) over which the Bank does not record high liquidity risk and/or where there Bank recorded a deficit of reservations or any of the indicators of capital is not below the minimum;
d) debt financial savings deposits to 100%;
e) debts evidenced by financial-100%;
f) REPO agreements and lombard facilities-100%;
(g) other financial debts)-100%;
other financial liabilities 5)-100%;
6) commitments conditional 100% credit (irrevocable and unconditional guarantees financial data banks, the coefficient Kn, does not include financial guarantees provided, until maturity, by persons who are not affiliated to the Bank with collateral in the form of money deposits, recorded at the Bank that assumes exposure) Kn-is determined by the balance of environmental reporting (to be determined on the basis of the arithmetic mean of monthly balances recorded on the last day of each month) of financial guarantees and irrevocable letters of credit uncommitted data, performance of which has been applied for the Bank during the period of 6 months preceding the month for which the report to prepares average balance (to be determined on the basis of the arithmetic mean of monthly balances recorded on the last day of each month) of financial guarantees irrevocable and unconditional data calculated over a period of 6 months preceding the month for which the reporting is drawn up;
7) amounts payable to related derivative financial instruments-100%: a) the fair value of financial liabilities through profit or loss and interest calculated (discount/premium) to be paid as a result of the operations with derivative financial instruments;
b) derivative financial instruments included in conditional accounts and interest rates (discount/premium) to be paid as a result of the operations concerned. ";
d) in point 3, subparagraph 1) the words "a proper policy" shall be replaced with the words "appropriate framework", and after the word "include" is completed with the word "policy".
3) in chapter IV, the text "Instruction on how to draw up and presentation by banks of some financial activity reports" shall be replaced with the words ' the provisions of normative acts of the National Bank of Moldova related to reporting ".
2. this decision shall be published in the Official Gazette of the Republic of Moldova and shall enter into force on the date of 30.06.2016.