The Superintendency of Insurance clarifies concerns related to the submission of the external actuarial audit report

Through Circular SS. SG. No. 162 dated December 20, 2023, the Superintendency of Insurance ("SIS") communicated that the external actuarial audit report established in Resolution SS. SG. No. 305/2022 will apply from the fiscal year’s audit concluding in June 2025.

The SIS urges insurers and registered external audit firms to take precautions and anticipate the verification work for the specified period in contracts to be signed in the year 2024.

The Superintendency of Insurance announces a change in the depository account for fund transfers

Through Circular SS. SG. No. 164 dated December 26, 2023, the Superintendency of Insurance communicated to the national insurance system that, starting from January 2, 2024, all transfers in favor of the Central Bank of Paraguay (“BCP”) made by insurers, agents, insurance brokers, external auditors, and other entities within the insurance sector, must be made to the following account:

  • Depository Account: 589906710750012
  • Holder/Entity: Banco Central del Paraguay
  • Tax Identification Number: 80009769-6

The Superintendency of Insurance suspends incompatibilities to be a shareholder, director of supervised entities, or hold positions in supervised entities

Through Resolution SS. SG. No. 247 dated December 28, 2023 (the “Resolution”), the Superintendency of Insurance (“SIS”) decided to suspend the validity of one of the incompatibilities to be a shareholder or director of supervised entities and to hold positions in another supervised entity, as mentioned in Resolution SS. SG. 244 dated October 5, 2020.

Formerly, individuals or legal entities holding or having share ownership, either directly or indirectly, in other entities subject to SIS supervision and regulation to an extent that allows them to exert influence or control over one of them, were incompatible to perform the role of shareholder, director of supervised entities, or any other position in another supervised entity.

According to the recent Resolution, this incompatibility has been suspended until December 31, 2024, due to the need to conduct an impact and scope assessment of the regulations affecting the regulated market.  

The Superintendency of Banks communicates the minimum capital for financial entities in the fiscal year 2024

Through Circular SB. SG. No. 01 dated January 2, 2024, the Superintendency of Banks communicates that the legally required minimum integrated capital for various entities is structured as follows:

InstitutionMinimum Capital Excercise 2023Adjustment for Consumer Price Index (IPC)Minimum Capital Excercise 2024
Banks65.4262.40467.830
Financial Institutions37.7131.20233.915
General Deposit Wharehouses27.19699928.195
Currency Exchange Offices5.0931875.280
Fiduciary Companies31.7131.20233.915
Leasing Companies3.4971283.265
MILLIONS OF GUARANÍES

The Central Bank of Paraguay establishes an extension for credit information services

Through Resolution No. 08, Minute No. 73, dated December 26, 2023, the Board of the Central Bank of Paraguay (“BCP”) modified the deadline from which the entities authorized to operate as Credit Information Bureaus (“BIC”) can provide credit reference services.

In this regard, an extension is established until May 1, 2024, allowing the authorized entities to initiate their credit information service activities.

This circumstance is ascribed to the ongoing review of all the required documentation for the entities, as mandated by Resolution No. 03, Minute No. 08, dated February 21, 2023, which has not yet concluded.

The Central Bank of Paraguay extends the temporary measure to support the productive sector

Through Resolution No. 4 dated December 6, 2023, the Central Bank of Paraguay ("BCP") established the extension of temporary measures to support the productive sector until March 31, 2024.

These measures aim to mitigate the adverse effects of climate change, particularly for agricultural producers who suffered losses due to the reduction in the prices of their products in previous periods.

In this regard, the BCP has directed that, in the case of loans granted to sectors related to agricultural and livestock activities that were affected by the reasons determined in the previous paragraph, the counting of the overdue period in the formalization of renewals, refinancings, or capital restructurings, including accrued interest and other charges, will be allowed to be interrupted until the date of the new agreement or contract. For higher risks, it will be essential to conduct a prior analysis individually or by economic sectors or similar activities, or by a group of clients with a similar risk profile.

The Central Bank of Paraguay orders the intervention of the Retirement and Pension Fund for Employees of Banks and Related Institutions

Through Resolution No. 01, Minutes No. 01 dated January 3, 2024, the Central Bank of Paraguay ("BCP") ordered the intervention by the Superintendency of Banks ("SIB") of the Retirement and Pension Fund for Employees of Banks and Related Institutions ("CJPEBA"), due to the disintegration of the Board of Directors. The SIB will intervene until the new authorities of the Board assume their roles, a period that cannot be extended for more than 90 days.

The administration of CJPEBA will be assumed by the interveners designated by SIS before CJPEBA, with the authority to carry out the following acts of administration and conservation: (i) Collect mandatory contributions and dues; (ii) Pay retirements, pensions and other retirement benefits; (iii) Collect principal and interest installment payments, fees, and others, from loans granted by CJPEBA; (iv) Grant pensions, retirements, and other retirement benefits; (v) Physically preserve the assets and documents of the entity, taking appropriate security and conservation measures; (vi) Provide information to SIS and the Board of the BCP, upon their request or on its own initiative, to alert authorities about situations that require immediate action; and (vii) Perform other acts that may be necessary to enable the functioning and continuity of the administration and conservation of the intervened entity, which may be authorized by SIS.

The Superintendency of Securities approves the Unique Chart of Accounts and the Manual of Accounting Records for brokerage firms and investment fund management companies.

Through Resolution SV. SG. No. 030 dated December 26, 2023, the Superintendency of Securities ("SIV") approved the Unique Chart of Accounts ("PUC") and the Manual of Accounting Records for mandatory use by brokerage firms and investment fund management companies. These are detailed in Annexes I and II, respectively.

The PUC will become effective on January 1, 2024. Consequently, the financial statements for the first quarter of the year 2024 are required to incorporate the detailed records of operations in accordance with the PUC.

Additionally, it is clarified that the mere listing of operations in the PUC does not authorize its validity. Therefore, in case of new transactions, brokerage firms and investment fund management companies must obtain prior approval from the SIV.

The Sectors specified in the PUC are: (i) Assets; (ii) Liabilities; (iii) Net Equity; (iv) Contingency; (v) Off-Balance Sheet Accounts; (vi) Income; and (vii) Expenses.

In Annex II of the Resolution, the Manual of Accounting Records defines each Sector and Chapter that constitutes the PUC.

SEPRELAD establishes a new procedure for the submission of reports through the SIRO

In accordance with Resolution No. 202 dated November 21, 2023, the Secretariat for the Prevention of Money Laundering or Assets ("SEPRELAD") authorized the implementation of the Integrated Operations Reporting System ("SIRO") for the submission of compliance reports by the Obligated Subjects. The resolution will come into effect on January 1, 2024.

The annual reports on the evaluation of Internal Control procedures will be submitted through SIRO according to the following timetable:

Obligated SubjectApplicable regulationsDateEntity
Real EstateArt. 13 – Res. 201/20Within 90 days following the close of the fiscal yearSEPRELAD
AutomobilesArt. 13 – Res. 196/20Within 90 days following the close of the fiscal yearSEPRELAD
JewelryArt. 13 – Res. 222/20Within 90 days following the close of the fiscal yearSEPRELAD
GamblingArt. 13 – Res. 258/20Within 90 days following the close of the fiscal yearSEPRELAD/CONAIZAR
Remittance AgencyArt. 13 – Res. 176/20Within 90 days following the close of the fiscal yearSEPRELAD
CooperativesArt. 13 – Res. 156/20Within 90 days following the close of the fiscal yearSEPRELAD/INCOOP
E-walletArt. 13 – Res. 77/20Within 90 days following the close of the fiscal yearSEPRELAD/SIB
InsuranceArt. 13 – Res. 71/20Within 90 days following the close of the fiscal yearSIS
Currency ExchangeArt. 13 – Res. 248/20Within 90 days following the close of the fiscal yearSEPRELAD/SIB
SecuritiesArt. 13 – Res. 172/20Within 90 days following the close of the fiscal yearSEPRELAD/SIV
Virtual AssetsArt. 13 – Res. 314/20Within 90 days following the close of the fiscal yearSEPRELAD

The annual external audit reports will be submitted through SIRO according to the following timetable:

Obligated SubjectApplicable regulationsDateEntity
Real EstateArt. 14 – Res. 201/20Within 180 days following the close of theaudited fiscal yearSEPRELAD
AutomobilesArt. 14 – Res. 196/20Within 180 days following the close of theaudited fiscal yearSEPRELAD
JewelryArt. 14 – Res. 222/20Within 180 days following the close of theaudited fiscal yearSEPRELAD
GamblingArt. 20 – Res. 258/20Within 180 days following the close of theaudited fiscal yearSEPRELAD/CONAIZAR
Remittance AgencyArt. 23 – Res. 176/20Within 180 days following the close of theaudited fiscal yearSEPRELAD
SecuritiesArt. 23 – Res. 172/20Within 180 days following the close of theaudited fiscal yearSEPRELAD/INCOOP
CooperativesArt. 22 – Res. 156/20Within 180 days following the close of theaudited fiscal yearSEPRELAD/SIB
E-walletArt. 20 – Res. 77/20Within 180 days following the close of theaudited fiscal yearSIS
Currency ExchangeArt. 23 – Res. 248/20Within 180 days following the close of theaudited fiscal yearSEPRELAD/SIB
Virtual AssetsArt. 15 – Res. 314/21Within 180 days following the close of theaudited fiscal yearSEPRELAD/SIV
Non-profit Organization (Level 3)Art. 34 – Res. 490/22Until June 30 of the following year for each audited fiscal yearSEPRELAD

Finally, the compliance officer's reports will be presented through SIRO according to the following timetable:

Obligated SubjectApplicable regulationsDateEntity
GamblingArt. 16 – Res. 258/20Within 60 days following the close of the fiscal yearSEPRELAD/CONAIZAR
Remittance AgencyArt. 18 – Res. 176/20Within 60 days following the close of the fiscal yearSEPRELAD
SecuritiesArt. 18 – Res. 172/20Within 60 days following the close of the fiscal yearSEPRELAD/SIV
CooperativesArt. 17 – Res. 156/20Within 60 days following the close of the fiscal yearSEPRELAD/INCOOP
E-walletArt. 15 – Res. 77/20Within 60 days following the close of the fiscal yearSEPRELAD/SIB
InsuranceArt. 56 – Res. 71/19Within 60 days following the close of the fiscal yearSEPRELAD/SIS