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16.06.2017

Decision no.141 of 24 May 2017 on the amendment and supplement of the Regulation on Risk-Weighted Capital Adequacy (new edition), approved by the Decision of the Council of Administration of the National Bank of Moldova no.269 of 17 October 2001

Note: The translation is unofficial, for information purpose only

 

Published in the Official Monitor of the Republic of Moldova no. 190-200 Article.1163 of 16.06.17

 

NATIONAL BANK OF MOLDOVA
EXECUTIVE BOARD

 

DECISION

no. 141 of 24 May 2017

 

 REFERENCE NO:
Minister of Justice
of the Republic of Moldova
Vladimir CEBOTARI

no.1226 of 2 June 2017

 

on the amendment and supplement of the Regulation on Risk-Weighted Capital Adequacy (new edition), approved by the Decision of the Council of Administration of the National Bank of Moldova no.269 of 17 October 2001

Pursuant to Article 5, paragraph (1) letter d), Article 11 paragraph (1), Article 27, paragraph (1) letter c) and Article 44 letter a) of the Law no.548-XIII of 21 July 1995 on the National Bank of Moldova (republished in the Official Monitor of the Republic of Moldova, 2015, no. 297-300, Article 544), with further amendments and supplements, Article 25, paragraphs (1) and (3), Article 28, paragraph (1) letter a), paragraphs (3) and (4) and Article 40 of the Law on financial institutions no. 550-XIII of 21 July 1995 (republished in the Official Monitor of the Republic of Moldova, 2011, no. 78-81, Article 199),as amended and supplemented, the Executive Board of the National Bank of Moldova hereby

DECIDED:

1. Regulation on risk-weighted capital adequacy (new edition), approved by the Decision of the Supervisory Board of the National Bank of Moldova no.269 of 17 October 2001 (Official Gazette of the Republic of Moldova, 2001, no.130, Article 310), as amended and supplemented, recorded at the Ministry of Justice of the Republic of Moldova on 4 May 2010 at no.749, is amended and supplemented as follows:

1) item 4.1, letter a) is supplemented as follows: “/start-up capital (applicable to branches of foreign banks)”;

2) item 12 is amended to read as follows:
“12. The bank shall not distribute the capital if the National Bank of Moldova believes that the distribution of the capital will lead to non-compliance by the bank with the requirements provided in letters a) and c) paragraph (2) Article 7 of the Law on Financial Institutions. Upon the examination of bank’s request, the National Bank of Moldova shall take into account at least the following:
a) evolution of financial performance indicators of the bank related to revenue and profitability of capital, assets of the last three years;
b) evolution of bank’s prudential indicators for the last three years;
c) bank’s capacity to comply with the indicators provided at letter b);
d) impact of events, including subsequent ones, of economic and social nature on bank’s prudential indicators, assessed including by evaluating the stress test results carried out by the bank and/or the National Bank;
e) remedial, recovery, and resolution measures applied by the National Bank towards the bank.
The bank shall also take into account the opinion of the independent audit company on annual financial statements upon the distribution of the bank’s capital”.

3) Annex 1, item 4, is supplemented to read as follows: “The preliminary opinion according to the draft of the report, or the report of the independent audit company on the financial statements.”.

2. Applications and documents for capital distribution under Article 28, paragraph (4) of the Law on financial institutions submitted at the National Bank of Moldova and pending on the effective date of the Decision, shall be examined and shall be settled under this Decision’s provisions.

 

Chairman
of the Executive Board

Sergiu CIOCLEA

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