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Ministry of Justice

Republic of Moldova

On June 4, 2018 No. 1334

RESOLUTION OF NATIONAL BANK OF THE REPUBLIC OF MOLDOVA

of May 24, 2018 No. 111

About approval of Regulations about approach to credit risk for banks it agrees standardized approach

(as amended on 03-02-2022)

Based on Item d) parts (1) Articles 5, parts (1) Articles 11, Item c) parts (1) Articles 27, Item and) Articles 44, Item b) article 46 of the Law on National Bank of Moldova No. 548-XIII of July 21, 1995 (pereopublikovan: The official monitor of the Republic of Moldova, 2015, No. 297-300, Article 544), with subsequent changes and amendments, Art. 64 and 65 of the Law on activities of banks No. 202 of October 6, 2017 (The official monitor of the Republic of Moldova, 2017, No. 434-439, Article 727), with subsequent changes and amendments, DECIDES: Executive committee of National Bank of Moldova

1. Approve Regulations about approach to credit risk for banks according to the standardized approach according to appendix.

2. The regulations specified in Item 1, become effective 30.07.2018.

3. From the date of entry into force of the regulations specified in Item 1, banks will provide compliance of their activities, including domestic policy and regulations, to its requirements.

Chairman of Executive committee of National Bank of Moldova

Serdzhiu Chokl

 

Appendix

to the Resolution of Executive committee of National Bank of Moldova of May 24, 2018 No. 111

Regulations about approach to credit risk for banks according to the standardized approach

These regulations are transposition of Article (1) (a), Article 4 (1), (8), (34), (61), (62), (75), (76), (79) - (81), (98), (99), Article 107 (3), Article 111-113 (1) - (3), (6), Article 114 (1), (2), (4), (7), Article 115 (1), (5), Article 116 (1) - (4), Article 117 (1) - (2), Article 118-124 (1), Article 125 (1), (2), Article 126 (1), (2), articles 127, of article 128 (1), (2), Article 130-132 (1), (2), Article 133-135 (1), article 137-141, of article 148 (1) - (3), (5), Article 162 (3) the paragraph 2 (b), Article 178 (1) - (3), (5), articles 208, of article 501 (1) - (3) and appendix I to Regulations No. 575/2013 of the European Parliament and Council of June 26, 2013 about prudential requirements to credit institutions and investment firms, the making change in Regulations (EU) No. 648/2012 (the text with relevance of EEA) published in the Official magazine of the European Union by L 176 of June 27 2013, and with the last amendments made No. 2015/62 delegated by Regulations of the Commission (EU) of October 10, 2014.

Chapter I. Subject, scope

1. These regulations are applied to banks with the location in the Republic of Moldova, to departments of other states in the Republic of Moldova which are licensed by National Bank of Moldova according to the Law on activities of banks No. 202 of October 6, 2017 (further – banks). These regulations are applied both on individual, and at the consolidated level.

2. These regulations determine methodology and conditions which banks shall apply based on the standardized approach, to cost determination taking into account risk of podverzhennost for the purpose of calculation of requirements of own means according to the regulation of National Bank of Moldova about own means of banks and requirements of the capital.

Chapter II. Concepts and general provisions

3. The concepts used in regulations and determinations matter, provided by the Law on activities of banks No. 202 of October 6, 2017 and other regulations of National Bank of Moldova published for its application. Also for the purpose of these regulations the following concepts are used:

the real estate unit of residential appointment - housing which is occupied by the owner or the resident of its housing, including the site on which it is placed if plot owner is the mortgage debtor;

the real estate unit of commercial appointment – the building, including the site on which it is placed if plot owner is the mortgage debtor, or the isolated room which main destination is implementation of economic activity;

the central partner (TsKA) – the legal entity of foreign state performing interaction between partners under the agreements traded in one or several financial markets, becoming, thus, the buyer for each seller and the seller for each buyer;

the credits for export supported officially – export financing credits of goods and services for which the official credit agency provides guarantees, insurance or direct financing;

the subject of the public sector – or financed by the central, regional or local authorities and which have accurate warranty agreements and the autonomous organizations managed by the law and which are under public supervision can include the administrative authority of non-commercial nature subordinated to the central, regional, local authorities or those who carries out the same powers, as regional and local authorities, or the non-profit organization, in ownership created;

exposure – asset or off-balance element;

trade financing – the financing (including guarantees) connected with exchange of goods and services by means of financial with exact repayment period generally less than one year without automatic refinancing;

Trade financing as it is stated above, is usually performed without firm commitments and requires that documentation of the transaction proved each requirement of borrowing, in case of the existing possibility of refusal in financing in case of the doubt connected with solvency or truthfulness of documentation confirming the transaction. In case of trade financing return of the corresponding podverzhennost in general is independent of the debtor, and funds in exchange come from the amounts received at importers or come from sales of goods, being subject of the transaction;

speculative financing of real estate – the credits issued for the purpose of receipt of the parcels of land in connection with real estate or developments or constructions on them, or in connection with this property, with intention of resale with profit;

the organization of collective investment (OCI) – the organization of collective investment into securities (OKITsB) of the Republic of Moldova and foreign state according to article 6 of the Law on the capital market No. 171 of July 11, 2012 (The official monitor of the Republic of Moldova, 2012, No. 193-197, Article 665); the fund of alternate investments (FAI) of foreign state according to Item 78 of these regulations;

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