Regulations are being prepared to supervise the activities of solidarity associations, whose volume of credits is equivalent to that managed by the 7 smallest private banks in the country.
At the end of 2016, the volume of loans granted by solidarity associations totaled $6.425 million, according to data provided to Nacion.com by the Solidarity Movement.The plan of the General Superintendency of Financial Entities (Sugef) is to create a separate regulationfor these entities, which since 1995 have been operating without any supervision by the authorities.
Presenting a tax declaration will be a requirement for some companies seeking bank loans.
The move is part of the Regulation on the Qualification of the Debtors, which has been in effect since June 17.The companies that will be asked for this requirement are those who "... have a good credit record, low currency risk in the event of abrupt changes in the dollar and have audited financial statements."
New regulations are being prepared for measuring currency risk for banks, whose loan portfolio in dollars grew by almost 13% in one year, while 78% of those who borrow in dollars receive their income in local currency.
Figures from the General Superintendent of Financial Institutions (SUGEF) indicate that 41% of the principal balance of outstanding loans is denominated in foreign currency and the rest in colones.Added to this it is the fact that 78% of borrowers of these loans in dollars earn their money in colones.
With the proposed reform to Law 8204, all electronic transfers of $1,000 or more will have to be justified by customers and registered by banks.
Article 19a of the regulation under consultation indicates that "...The subjects under obligation who provide transfer services to or from other countries in local or foreign currency, which equal or exceed US $1,000.00 (one thousand dollars in the currency of the United States of America) or its equivalent in colones or other foreign currency, must electronically record the information listed below:
The amendment to the Law 8204 which is under public consultation in Costa Rica requires banks to refuse to open accounts for companies that can not justify the origin of their funds.
The new legislation also requires banks to ask companies for tax returns on income earned in the past two years and close accounts suspected of money laundering and terrorist financing.
Tighter analysis of customers and better control of risk in lending are part of the changes that are being prepared by the financial regulator.
In 2013 the General Superintendence of Financial Entities (Sugef) began a process of regulatory changes for banks to continue during 2014. Tighter analysis of customers and better control of risk when granting loans are some of the changes being contemplated.
Sugef has increased controls on transfers exceeding $10,000, as a measure of preventing money laundering and terrorist financing.
The Superintendent of Financial Institutions (Sugef) now has new regulations on money laundering which had been under consultation since September 10th with banks, mutuals, cooperatives, financial, insurance, stock positions and pension operators.
Credit histories of businesses and individuals will be more thoroughly reviewed, as well as their actual repayment capacity.
"We want entities to analyze peoples's debts with everyone, because they may have a loan here and there, and in the end owe millions," said Javier Cascante, chief of the General Superintendence of Financial Entities (Sugef).
The Sugef in Costa Rica has demanded tighter controls on banks when lending in dollars.
As part of the measures proposed by the Superintendent of Financial Institutions (Sugef), financial institutions must conduct a capacity analysis on the borrower, as well as requiring collateral and credit history, a test now only done when the loan is for more than $130,000.
The instrument which had been viewed as a way to circumvent the current credit squeeze, is now officially considered as another form of credit facility.
Bankers' acceptances had been relaunched by the National Stock Exchange (BNV) as a way to provide short-term funds to companies who require them, without having to apply for a formal loan, believing that banks would not have to count them as part of their portfolio credit growth which is currently limited by resolution of the Central Bank of Costa Rica (BCCR).
The amount of loans in dollars taken granted by state commercial banks grew disproportionately with respect to loans in local currency and dollar loans from private banks.
This situation has worried the president of the National Council for Supervision of the Financial System (Conassif), Jose Luis Arce, both because of the risk faced by borrowers in dollars to abrupt movements in the exchange rate, as well as the impact on the deterioration of the banks' ability to pay for these debtors.
Oceánica de Seguros, founded on Venezuelan capital, is the tenth insurance company to be incorporated into the Costa Rican market after its de-monopolization in 2008.
The superintendent of insurance, Javier Cascante, said the company, which is the eleventh to join the insurance market after its opening, will have a joint operating license, for personal and general policies.
The new law regarding the regulation of insurance contracts (Ley Reguladora del Contrato de Seguros) regulates policy contracts and establishes rights and obligations for insurers and consumers.
"Among the new features of this law are the updates of what is considered insurable interest, the minimum amount of contributions, definitions and general aspects of the premiums", reported Sergio Morales Chavarria in his article in Elfinancierocr.com.
Insurance companies in the country are to have service departments for customer queries and complaints.
Those who hold some form of insurance policy will be able to access the specialized offices offering consumer rights through their current insurance companies, which will begin to implement this measure soon.
Insurance companies such as the National Insurance Institute (INS) believe it is preferable that customers go to them to initiate a consultation process rather than going to external lawyers and other institutions.
One month away from the opening of the mandatory insurance market, the laws which will regulate it are still pending.
These regulations will establish operational rules which will allow competition in mandatory car policies and labor risk policies.
On the regulations, Javier Cascante, Superintendent of Insurance said to Nacion.com: "It establishes how to proceed with registration procedures for insurance companies that want to offer these policies and the information to be given to the insured."