Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

Approved by the Resolution of Board of National Bank of Tajikistan of April 4, 1999

The instruction No. 79 about procedure for regulation of activities of credit institutions

(as amended on 03-02-2004)

I. Introduction

- the minimum size of the authorized capital for again created banks, the minimum size of the general capital (own means) for acting credit institutions;

- capital adequacy ratios;

- standard rates of bank liquidity;

- the maximum extent of risk on one borrower or group of the connected borrowers;

- maximum extent of large credit risks;

- the standard rate of use of own means of banks for acquisition of shares (shares) of other legal entities;

- the maximum loan amount, the guarantees and guarantees provided by bank to the participants (shareholders, unitholders) and insiders; Obligatory standard rates - the extreme size not of cash part of the authorized capital, the minimum reserve on possible losses according to loans, the sizes currency, percentage and other risks are established by other regulations of National Bank of Tajikistan.

1. Procedure of payments of economic standard rates

1. The minimum size of the authorized capital for again created banks or other credit institutions, the minimum size of the general capital (own means) for the operating banks or other credit institutions.

The general capital of bank consists of the basic and the supplementary (secondary) capital.

Fixed capital of bank is understood as actually paid authorized capital, retained earnings, the amounts formed from positive difference between sales price and share par value (share), the issued by bank and other funds.

Fixed capital is determined as:

Kosn = (30301 + 30305 + 30315 + 30319 + 30601 + 30901 + 30905 + 30909 + 31301 + part 10999 + part 11199) - (part 15515 + part 15559 + part 15561 + 30309 + 30311 + 30321 + 30325 + part 13905, exceeding 30901 * without revaluation of the room in the course of construction (part 31501))

Note: The debit balance according to the balance sheet account 31301 "Retained incomes" reduces the capital and, therefore, is subtracted from the first part.

The supplementary (secondary) capital consists from: 50% of revaluation of fixed assets if revaluation is made (or its results are confirmed) by competent valuation committee and completely reflect possibilities of changes in forced sales price, reserves of revaluation of foreign currency, precious metals and the subordinated credits. The subordinated credit is called the credit (loan) attracted with credit institution, the agreement on which provision answers the following conditions:

a) the subordinated loan is granted to the borrower at least 5 years;

b) the subordinated loan is granted in currency of the Republic of Tajikistan - somoni;

c) percent on the subordinated credit do not exceed the refunding rate size established by National Bank of Tajikistan;

d) in case of liquidation of the credit organization borrower of the requirement of the creditor for the granted subordinated loan cannot be met earlier complete satisfaction of requirements of other creditors. The subordinated credit joins in calculation of the supplementary capital after the copy of the agreement certified by credit institution is provided to organization of bank and the legal expertize of the agreement which is carried out by organization of bank confirmed its compliance to the requirements stated above.

At the same time for the purpose of regulation the most admissible value of the supplementary capital is limited to 25% of the general capital.

a) The minimum size of the authorized capital for again created banks is established respectively:

- for January 1, 1999 in the amount equivalent 1, 0 million US dollars;

- for January 1, 2000 in the amount equivalent 2, 0 million US dollars;

- for January 1, 2001 in the amount equivalent 2, 5 million US dollars;

- for January 1, 2002 in the amount equivalent 3, 0 million US dollars

- for the non-bank financial organizations - 100 thousand dollars of the USA are equivalent beginning of 01.01.2000;

b) The minimum size of the general capital for the operating banks is established respectively:

- for January 1, 1999 in the amount equivalent 500, 0 thousand dollars of the USA;

- for July 1, 1999 in the amount equivalent 750, 0 thousand dollars of the USA;

- for January 1, 2000 in the amount equivalent 1, 0 million US dollars;

- for January 1, 2001 in the amount equivalent 1, 5 million US dollars;

- for January 1, 2002 in the amount equivalent 1, 5 million US dollars;

- for January 1, 2003 in the amount equivalent 2, 0 million US dollars;

- for January 1, 2004 in the amount equivalent 2, 5 million US dollars;

- for January 1, 2005 in the amount equivalent 3, 0 million US dollars.

The minimum size of the general capital (own means) for the operating banks will be calculated taking into account complete forming of fund of covering of possible losses for loans.

The minimum size of the general capital (own means) for the operating non-bank financial organizations is established in the amount of equivalent 100, 0 thousand US dollars.

The minimum size of the general capital of bank is calculated on average unchronological value of the official rate of SOMONI to dollar of the United States of America for prior year.

2. Capital adequacy ratios (K1-1,K1-2)

Capital adequacy ratios include capital adequacy indicators (K1-1) and ratios of the general capital of bank and total assets (K1-2).

2.1. Capital adequacy ratio (K-1) is determined as the relation of the general capital (own means) of bank or other credit institution to total amount of the assets weighed taking into account risk: where Are - the assets of bank or other credit institution weighed taking into account risk.

Note.

For the purpose of reduction of level of capital adequacy in compliance with international standards minimum admissible value of the standard rate K1-1 is established in the amount of:

from balance for 1.04.98 - 7%

from balance for 1.07.99 - 9%

from balance for 1.01.2000 - 12%

To - the general capital (own means) of bank used when calculating obligatory economic standard rates are determined as the amount of the authorized capital, funds of credit institution and retained earnings reduced by costs of capital nature, the allowed losses the redeemed own shares and receivables lasting over 30 days.

To = (30301 + 30305 + 30315 + 30319 + 30601 + 30901 + 30905 + 30909 + 31301 + 31501 + part 10999 + part 11199) - (part 15515 + part 15559 + part 15561 + 30309 + 30311 + 30321 + 30325 + part 13905, exceeding 30901 * without revaluation of the room in the course of construction (part 31501))

Note:

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