Uruguay - WHCRI.org
Transcription
Uruguay - WHCRI.org
WESTERN HEMISPHERE CREDIT AND LOAN REPORTING INITIATIVE CENTRE FOR LATIN AMERICAN MONETARY STUDIES FIRST INITIATIVE THE WORLD BANK T OAN REP &L O estern G IN RT CRE DI CREDIT AND LOAN REPORTING SYSTEMS IN URUGUAY emisphere MAY 2006 CREDIT AND LOAN REPORTING SYSTEMS IN URUGUAY CREDIT AND LOAN REPORTING SYSTEMS IN URUGUAY WESTERN HEMISPHERE CREDIT AND LOAN REPORTING INITIATIVE CENTRE FOR LATIN AMERICAN MONETARY STUDIES FIRST INITIATIVE THE WORLD BANK First English edition, 2007 Publicado también en español © Centro de Estudios Monetarios Latinoamericanos, Banco Mundial y FIRST Initiative, 2007 Durango 54, México, D.F. 06700 All rights reserved Derechos exclusivos en español reservados conforme a la ley ISBN 978-968-5696-02-9 Printed and made in Mexico Impreso y hecho en México This document is the product of a project funded by the FIRST Initiative (www.firstinitiative.org). The views expressed are not necessarily those of FIRST. This document is protected by copyright and other applicable intellectual property rights owned by or licensed to FIRST Initiative. Foreword In August 2004, following a request from the central banks of Latin America and the Caribbean, the World Bank and the Centro de Estudios Monetarios Latinoamericanos (CEMLA), with the financial support of the FIRST Initiative, launched the Western Hemisphere Credit and Loan Reporting Initiative (WHCRI). The objective of the Initiative is to describe and assess the credit and loan reporting systems of the Western Hemisphere with a view to identifying possible improvements in their efficiency and integrity. As part of the project structure, in August 2004 an International Consultative Committee (ICC) comprised of experts in various fields was established. In addition to CEMLA and the World Bank, the institutions participating in the ICC include multilateral institutions such as the Inter-American Development Bank (IADB), the International Finance Corporation (IFC) and the International Monetary Fund (IMF) and central banks such as the Bank of Canada, Banco de España and the Federal Reserve Bank of New York. To assure quality and effectiveness, the Initiative includes two important components. First, all studies are conducted with the active participation of country officials and the project builds upon the existing work undertaken in the respective country. Second, the Initiative draws upon international and national expertise on the subject, through the ICC, in order to provide guidance, advice and alternatives to current practice. The Initiative has undertaken a number of activities in response to requests by central banks from Latin America and the Caribbean. These include: the preparation of public reports containing a systematic in-depth description of each country’s credit and loan reporting systems; the delivery of a confidential recommendations report to the authorities of each country; the organization of ICC meetings to review country studies and provide input for future work; the organization of workshops focusing on topics of specific interest; the creation of a web page (www.whcri.org) to present the Initiative’s products and other information of interest in the field of credit reporting; and the promotion of working groups to ensure continuity in project activities. CEMLA acts as the Technical Secretariat of the Initiative, with the main objective of making this process sus- tainable and extending activities to all countries within the Hemisphere. To this end, the Initiative has helped strengthen CEMLA’s in-house expertise and broadened knowledge and the transfer of know-how across the Region. The efforts of the Working Groups coordinated by CEMLA shall maintain the structure created under the Initiative and will provide a permanent forum for the countries in the Region to discuss, coordinate and lend a collective impetus to work in the field of bank credit and loan reporting systems. This report “Credit and Loan Reporting Systems in Uruguay” is one of the public reports in the series and was prepared by an international team in collaboration with local representatives of the Central Bank of Uruguay (Banco Central del Uruguay). Kenneth Coates Director General CEMLA Pamela Cox Vice President, LAC The World Bank Cesare Calari Vice President, Financial Sector The World Bank Acknowledgements This Report is based on the findings of a team that visited Montevideo in May 2006. The report was prepared by the members of an international team which included Corina Arteche Serra (CEMLA), Mario Guadamillas (World Bank), Matías Gutiérrez Girault (FIRST Consultant), Miguel Llenas (FIRST Consultant) and Margaret Miller (World Bank). The international team worked in cooperation with the local team comprising staff from the Central Bank of Uruguay. Uruguay Report May 2006 TABLE OF CONTENTS 1 ECONOMIC AND FINANCIAL MARKET BACKGROUND.....................................................1 1.1 Main Market Reforms in Recent Years..............................................................................2 1.2 Banking Sector: Recent Reforms and Current Structure. .................................................2 1.2.1 Recent Reforms...................................................................................................2 1.2.2 Current Structure................................................................................................3 1.3 Other Major Credit-granting Institutions of the Financial and Non-financial Sectors..........................................................................................................................7 1.3.1 Financial Intermediation Cooperatives................................................................7 1.3.2 Finance Houses..................................................................................................7 1.3.3 External Financial Institutions..............................................................................8 1.3.4 Management Companies for Savings Societies Funds..........................................8 1.3.5 National Development Corporation (CND)..........................................................8 1.3.6 Other Firms Grant Credit to the NFS...................................................................9 1.4 The current Credit Market..............................................................................................9 1.4.1 Key Issues in Business Financing.......................................................................10 1.4.2 Key Issues in Consumer Financing....................................................................10 1.4.2.1 Consumer Credit................................................................................10 1.4.2.2 Mortgage Lending..............................................................................11 1.5 Major Trends in Credit Reporting. ................................................................................11 2 INSTITUTIONAL ASPECTS...................................................................................................12 2.1 Legal Framework..........................................................................................................12 2.1.1. Privacy..............................................................................................................13 2.1.2. Banking Secrecy...............................................................................................14 2.1.3. Consumer Protection/Quality Assurance...........................................................14 2.2 The Role of Financial Institutions: Credit Reporting. .....................................................14 2.2.1. Credit Reporting Agencies................................................................................14 2.2.2. Banking Sector..................................................................................................15 2.2.3. Other................................................................................................................15 2.3 The Role of the Authorities. .........................................................................................15 2.3.1. Central Bank.....................................................................................................15 2.3.2. Ministry of Economics and Finance...................................................................15 2.3.3. National Internal Audit Office...........................................................................16 2.3.4. Consumer Protection Agency............................................................................16 2.4 The Role of Other Public and Private Sector Institutions...............................................16 iii Uruguay Report May 2006 2.4.1. Non-financial Credit Providers..........................................................................16 3 PRIVATE CREDIT REGISTRIES..............................................................................................17 3.1 Clearing de Informes.....................................................................................................17 3.1.1 Control/Governance.........................................................................................17 3.1.2 Sources of Information......................................................................................17 3.1.3 Users................................................................................................................17 3.1.4 Services Provided.............................................................................................17 3.1.5 Pricing Policies.................................................................................................18 3.1.6 Procedures and Policies to Ensure Quality of Information.................................18 3.1.7 Risk Management Procedures and Policies.......................................................18 3.1.8 Rights of Individuals/Firms to Access Information and Resolve Disputes...........18 3.1.9 Information Sharing Policies.............................................................................18 3.2 Liga de Defensa Comercial (LIDECO)..............................................................................18 3.2.1 Control/Governance.........................................................................................18 3.2.2 Sources of Information......................................................................................19 3.2.3 Users................................................................................................................19 3.2.4 Services Provided.............................................................................................19 3.2.5 Pricing Policies.................................................................................................21 3.2.6 Procedures and Policies to Ensure Quality of Information.................................21 3.2.7 Risk Management Procedures and Policies.......................................................21 3.2.8 Rights of Individuals/Firms to Access Information and Resolve Disputes...........21 3.2.9 Information Sharing Policies.............................................................................21 3.3 INFOCRED...................................................................................................................21 3.3.1 Control/Governance.........................................................................................21 3.3.2 Sources of Information......................................................................................22 3.3.3 Users................................................................................................................22 3.3.4 Services Provided.............................................................................................22 3.3.5 Pricing Policies.................................................................................................23 3.3.6 Procedures and Policies to Ensure Quality of Information.................................23 3.3.7 Risk Management Procedures and Policies.......................................................24 3.3.8 Rights of Individuals/Firms to Access Information and Resolve Disputes...........25 3.3.9 Information Sharing Policies.............................................................................25 4 PUBLIC CREDIT REGISTRIES...............................................................................................26 4.1 Main Objectives of Registry...........................................................................................26 4.2 Sources of Information................................................................................................26 iv Uruguay Report May 2006 4.3 Users...........................................................................................................................27 4.4 Services Provided..........................................................................................................27 4.5 Pricing Policies.............................................................................................................29 4.6 Procedures and Policies to Ensure Quality of Information.............................................29 4.7 Risk Management Procedures and Policies......................................................................30 4.8 Rights of Individuals/Firms to Access Information and Resolve Disputes..........................30 4.9 Information Sharing Policies.........................................................................................30 5 INTERACTION WITH OTHER COMPONENTS OF THE FINANCIAL INFRASTRUCTURE..............................................................................................................31 5.1 Payments Systems and Instruments.................................................................................31 5.2 National Office of Registries (DNR)...............................................................................31 5.2.1 Property Registry...............................................................................................31 5.2.2 National Registry of Personal Actions................................................................32 5.2.3 National Registry of Commerce........................................................................32 5.3 National Office of Civil Identification (DNIC)................................................................33 5.4 General Tax Authority (DGI).........................................................................................33 5.5 National Internal Audit Office.....................................................................................33 APPENDIX: STATISTICAL TABLES............................................................................................35 ANNEXES.................................................................................................................................. 47 LIST OF ABBREVIATIONS........................................................................................................59 GLOSSARY...............................................................................................................................61 Text Tables Table 1: Macroeconomic Indicators..........................................................................................1 Table 2: Financial Structure of the Financial System .................................................................3 Table 3: Official Banks and their Loan Portfolio......................................................................6 Table 4: Main Private Banks and their Loan Portfolio...............................................................6 Table 5: Financial Intermediation Cooperatives and their Loan Portfolio...................................7 Table 6: Finance Houses and their Loan Portfolio.....................................................................7 Table 7: External Financial Institutions and their Loan Portfolio. .............................................8 Table 8: Management Companies for Savings Societies Funds and their Loan Portfolio................8 Text Figures Figure 1: Evolution of Assets in the Banking System. .................................................................4 Uruguay Report May 2006 Figure 2: Loans to the Non-financial Sector.............................................................................4 Figure 3: Banking System Loans to the Non-financial Sector by Sector of Activity......................5 Figure 4: Evolution of Non-performing Loans in the Banking System. ........................................5 Figure 5: Non–performance in Gross Lending to NFS................................................................6 Figure 6: Evolution of Gross Credit to the Non financial System in Local and Foreign Currency...................................................................................................................9 Figure 7: Credit/GDP in Current Prices...................................................................................10 Text Charts Chart 1: CR-BCU, File with Consolidated Loan Information on the Institution’s Clients....................................................................................................................28 Chart 2: CR-BCU, File with Non-performing Loans or Debtors in Arrears................................28 Chart 3: CR-BCU, File with Information on Economic Groups.................................................29 vi Uruguay Report May 2006 1 ECONOMIC AND FINANCIAL MARKET BACKGROUND Since the beginning of the 1980’s private Uruguayan banks have diminished within the national financial system, with the public or quasi-public sector banks retaining more than 60 percent of the market on one hand, together with a growing presence of foreign banks. During the 1990’s, from a macroeconomic viewpoint, economic growth allowed private banks to gain business volume and market share at the expense of public sector banks, mainly in the consumer credit sector. This coincided with a period of growth for financial intermediation cooperatives, which through various strategies were able to augment their market share in the sector, increasing both their capital and volume of business. However, the economic model began to lose steam with the Brazilian devaluation in 1999 combined with Argentina’s abandoning of convertibility in late 2001. Following the 2002 crisis, triggered mainly by a large withdrawal of bank deposits, sovereign debt maturities were restructured in a voluntary agreement with holders, several private banks were closed and time deposit maturities at official banks were forcibly extended. A floating exchange rate regime was adopted and the central bank began to set targets for the monetary base in order to control inflation. At the same time the Superintendence of Financial Intermediation Institutions was strengthened, with the main objective of providing greater transparency to the financial system. Towards the end of 2003 the Uruguayan economy started to show signs of recovery, which was consolidated during 2004 and 2005 with growth rates of 12 percent and 7 percent, respectively. Inflation rates returned to one digit levels and interest rates decreased substantially in real terms. Table 1: Macroeconomic Indicators(a) 2000 GDP in current prices (in USD millions) 2001 2002 2003 2004 2005 20,08718,56112,27811,19113,21515,712 Real annual growth rate of GDP (%) -1.5 -3.4 -10.8 Gross Capital Formation (% of GDP)13.1 9.4 -32.5 2.512.3 -11.4 32.0 6.6 24.2 Average unemployment rate13.615.317.016.913.112.1 Imports FOB (% change) 3.7 -12.0 -35.911.6 Exports FOB (% change) 2.8 -10.5 -9.618.1 32.311.8 Balance of Payments Current Account (as % of GDP) -2.8 -2.7 3.1 -0.7 Inflation (annual growth rate of the Consumer Price Index) 5.1 3.6 Exchange rate vs. USD12.5114.77 -0.5 25.910.2 27.17 29.29 42.6 21.4 -1.5 7.6 6.0 27.38 24.12 Source: Central Bank of Uruguay and INEI. The following conventions for notation are used throughout this report: “n.a.” indicates that the data is not available; “.” represents non applicable data; “neg” (insignificant) is indicated when the figures are too small in relation with other relevant figures in the corresponding Table. (a) Uruguay Report May 2006 1.1 Main Market Reforms in Recent Years Among the main reforms implemented following the 2002 crisis, mention should be made of the establishment by law of the Superintendence for Protection of Bank Savings, charged with the administration of a deposit insurance fund. This fund covers up to a total of approximately USD 20,000 (USD 5,000 and the rest in local currency) per depositor in each institution and is financed by the banking institutions themselves. 1.2 Banking Sector: Recent Reforms and Current Structure 1.2.1 Recent Reforms In addition to the creation of the Superintendence for Protection of Bank Savings, after 2002 a plan to strengthen the Superintendence of Financial Intermediation Institutions was set in motion requiring specialized consulting contracts and the hiring of new personnel, while at the same time accelerating the purchase of necessary information technology. A Methods Unit was created in the area of organization, and charged with reviewing all supervisory procedures as well as putting together the respective work manuals. A new risk-based supervisory approach was adopted, entailing the creation of a new Risk Department. A Control and Compliance Unit was also created and charged, among other duties, with consumer protection in a financial sector context. With respect to prudential regulation, since 2002 there has been substantial progress in the treatment of risks inherent to the banking industry, where the following main reforms stand out: • Establishment of limits to the concentration of risks by country and by debtors of the financial sector. • Redefinition of minimum reserve requirements for meeting liquidity risk. • Increased information requirements by the Credit Risk Registry (Reduction of the minimum reporting threshold). • Introduction of a new category of financial intermediary. • Revision of minimum capital requirements for credit risk coverage and introduction of market risk requirements. • Changes in the criteria for debtor classification and provisioning. These two latest regulatory reforms have been of great relevance. In the case of changes in capital requirements for credit risk, progress was achieved in bringing this requirement in line with the risk assumed by institutions by refining categories and risk weightings. The same thrust prevailed Throughout this report the $ symbol represents the Uruguayan peso, while USD refers to United States Dollar. Uruguay Report May 2006 with regard to the changes in debtor classification criteria, allowing for a more adequate weighting of the risk involved. In the latter respect, one improvement has been the switch to a more forwardlooking profile by introducing a requirement for stress testing the debtor’s relevant financial variables, which will lead to evaluating the credit risk generated by the possible mismatch existing between a borrower’s currency of income and currency of debt. Additionally, with the intention of mitigating the risk generated by the existent dollarization of the economy over the last few decades, instruments in Indexed Units (IU) were created, that have slowly begun to acquire importance concurrently with an increase in peso deposits and loans arising from macroeconomic stability. 1.2.2 Current Structure As of March 2006, banking institutions represented 84 percent of total assets in the financial system, as observed in Table 2. In the banking sector, public institutions accounted for 46 percent of total assets while private banks represented 38 percent. Table 2: Financial Structure of the Financial System (as of March 2006) Type of Institution Assets in US millions % of Total Assets 2 7,675 45.8 Private Banks 13 6,308 37.7 Banking System Subtotal 1513,983 83.5 Public Banks Number of Institutions Cooperatives 2 24 0.1 Finance Houses 6158 0.9 External Financial Institutions(a) 6 Management Companies for Savings Society Funds 414 Subtotal: other financial intermediaries 18 Currency Exchange Houses (as of 31-12-05) Credit Providers 71 2,28613.6 0.1 2,48214.8 96 0.6 91911.1 Total11316,752100.0 Source: Central Bank of Uruguay. (a) The majority of assets correspond to operations pending liquidation. The growth of the banking sector since 2003 was based mainly on the recovery of resident deposits stemming from the improvement in the economic situation. Uruguay Report May 2006 Figure 1: Evolution of Assets in the Banking System (in USD Millions) 3,000 2,500 2,000 ,500 ,000 0,500 0,000 9,500 9,000 8,500 8,000 M A M J J A S O N D J 2004 F M A M J J A S O N D J 2005 Source: Central Bank of Uruguay. Figure 2: Loans to the Non-Financial Sector (in USD Millions) 4,000 Current 3,500 3,000 257 Past Due 78 88 98 204 3,58 3,6 3,37 3,06 December January March 3,336 3,303 February 2006 3,335 2,500 2,000 ,500 2,925 ,000 500 0 Total March 3,82 2005 Source: Central Bank of Uruguay. 3,3 F M 2006 Uruguay Report May 2006 Figure 3: Banking System Loans to the Non-Financial Sector by Sector of Activity (as of March 2006) Others 0% Trusts 7% Non-residents 4% Agriculture 12% Public Sector 7% Manufacturing 30% Families 16% Services 12% Commerce 10% Building 2% Source: Central Bank of Uruguay. Figure 4: Evolution of Non-Performing Loans in the Banking System Source: Central Bank of Uruguay. Uruguay Report May 2006 Figure 5: Non-performance in Gross Lending to the NFS Source: Central Bank of Uruguay. There are two public sector banks, Banco de la República Oriental de Uruguay (BROU), that acts as a commercial and development bank promoting productive activities with long term lines of credit, and the Banco Hipotecario del Uruguay (BHU) which is a development bank oriented exclusively to mortgage lending. Table 3: Official Banks and Their Loan Portfolio(a) (As of March 2006, in $ thousands) Name Total Portfolio Market Share (%) Banco de la República Oriental del Uruguay 27,585,701 62.1 Banco Hipotecario del Uruguay 16,809,683 37.9 Total 44,395,384100.0 Source: Central Bank of Uruguay. (a) Loans to the non financial sector net of provisioning. Table 4: Main Private Banks and Their Loan Portfolio(a) (as of March 2006, in $ thousands)) Name Total Portfolio Market Share (%) Nuevo Banco Comercial S.A. 9,714,727 20.9 ABN Amro Bank N.V. Sucursal Montevideo 7,339,66615.7 Bank Boston N.A. 6,785,51114.6 Banco Santander S.A. 6,579,81114.1 Crédit Uruguay Banco S.A. 4,454,397 9.6 Total for main 5 34,874,112 74.9 Other14,350,406 25.1 Total 49,224,518100.0 Source: Central Bank of Uruguay. (a) Loans to the non financial sector net of provisioning. Uruguay Report May 2006 As of March 2006, 13 private banks are authorized to operate, 7 of them as public shareholder companies incorporated in the country (6 belong to foreign banks), and the other six are subsidiaries of foreign banks, who operate under the same conditions as local banks. These banks are authorized to take sight deposits from residents and to operate in the check clearing house. 1.3 Other Major Credit-granting Institutions of the Financial and Non- Financial Sectors 1.3.1 Financial Intermediation Cooperatives These are two institutions restricted to local currency lending transactions. They are not permitted to receive sight deposits. Authorized foreign currency placements are limited to certain instruments according to risk classification and term, as well as to local banks and financial intermediation cooperatives that are fully authorized to manage sight and term accounts at the Central Bank, or to the purchase of national public sector securities. Table 5: Financial Intermediation Cooperatives and their Loan Portfolio(a) (as of March 2006, in $ thousands) Name Total Portfolio Market Share (%) FUCAC – Federación Uruguaya de Cooperativas de Ahorro y Crédito 182,637 60.5 Cooperativa de Ahorro y Crédito FUCEREP119,282 39.5 Total 301,919100.0 Source: Central Bank of Uruguay. (a) Credits to the non financial sector net of provisioning. 1.3.2 Finance Houses These are institutions that may only take term deposits from non-residents, but may extend credit to residents. Table 6: Finance Houses and their Loan Portfolio(a) (as of March 2006, in $ thousands) Name Exprinter (Uruguay) S.A. Total Portfolio 372,317 Market Share (%) 32.4 Leumi (Latin America) S.A. 296,982 25.8 Hapoalim (Latin America) S.A. 235,466 20.5 OCA Casa Financiera S.A.180,82215.7 Bapro Uruguay S.A. Credit Lyonnais (Uruguay) S.A. 58,249 5.0 6,389 0.6 Total1,150,225100.0 Source: Central Bank of Uruguay. (a) Credits to the non financial sector net of provisioning. Uruguay Report May 2006 1.3.3 External Financial Institutions These are financial intermediaries that are allowed to perform all operations of intermediation or mediation between foreign supply and demand for securities, cash or precious metals, and may operate only with non-residents. They face lower requirements than the rest of the banking system. Table 7: External Financial Institutions and their Loan Portfolio(a) (as of March 2006, in US thousands) Name Total Portfolio Market Share (%) Institución Financiera Externa Banco Rural (Uruguay) S.A.1,200 70.9 Banca Privada d’Andorra (Uruguay) S.A.I.F.E. 29.1 492 Total1,692100.0 Source: Central Bank of Uruguay. (a) Credit to the non financial sector net of provisioning. 1.3.4 Management Companies for Savings Societies Funds These are institutions whose license basically allows them to intermediate under the form of closed circles of savers who contribute monthly payments and obtain credit by lottery/bidding. Table 8: Management Companies for Savings Societies Funds and their Loan Portfolio (as of March 2006, in $ thousands) Name Total Portfolio Consorcio del Uruguay S.A. 120,957 Market Share (%) 61.9 ACFOR S.A. 38,77119.8 Conalap S.A. 25,45813.0 Caycut10,247 5.2 Total195,433100.0 Source: Central Bank of Uruguay. 1.3.5 National Development Corporation (CND) The CND is a non-government legal person under public law, subject to private law and which operates as a holding company with a capital of approximately US 60,000,000 invested in companies in various sectors. Uruguay Report May 2006 The CND promotes business development with private sector participation, and focuses its activities mainly on small and medium firms (PyMEs). The CND gives priority to projects that generate innovation (adoption of new technologies, development of new markets), that offer potential economic and financial profitability and that provide benefits for the country’s economy. It promotes and undertakes investment of risk capital in areas consistent with the implementation of sector policies, either financing existing companies or developing new ones. 1.3.6. Other Firms that Grant Credit to the NFS These refer to credit providing firms supervised by the BCU that grant small value loans to finance the purchase of consumer goods, as well as cash loans to individuals. Their total assets amounted to approximately $4,000 million at December 31, 2005. 1.4 The Current Credit Market Total gross lending to the non-financial system amounted to USD 3,311 millions by March 2006, USD 25 million below the level of December 2005. Credit to the non-financial private resident system granted by the private banking system and BROU fell to USD 2,942 million, while credit to the public sector and to non-residents amounted to USD 245 million and USD 124 million, respectively. Figure 6: Evolution of Gross Lending to the Non-financial System in Local and Foreign Currency (as of December 2005) Source: Central Bank of Uruguay. Uruguay Report May 2006 It is important to note that changes in the balance outstanding are influenced by the transfer of loans to auxiliary accounts and by the granting of loans guaranteed by a lien on deposits. A lower level of loan dollarization can be observed for the first three quarters of the moving twelvemonth period. In March 2006, 82 percent of gross total credit was in foreign currency, a percentage similar to that of December 2005. Regarding to the Bank credit in local currency continued to grow during 2005. This is consistent with the decline in voluntary reserves at banks. However, this growth trend basically reflects the behavior of private banks, since lending by BROU gradually came to a halt. Figure 7 shows the evolution of the ratio of credit to GDP, using Central Bank of Uruguay indicators. Indicator I contains quarterly average lending levels as numerator (with local currency loans converted at the average exchange rates) and quarterly annualized GDP as denominator. Indicator II presents the same numerator as before, while the denominator is end-quarter twelve-month GDP. Indicator III includes end-quarter lending levels as the numerator and in the denominator end-quarter twelvemonth GDP. Figure 7: Credit/GDP at current prices (as of December 2005) Source: Central Bank of Uruguay. 1.4.1 Key Issues in Business Financing The financing of business activity takes place fundamentally through banks. 1.4.2 Key Issues in Consumer Financing 1.4.2.1. Consumer Credit Private banking institutions have concentrated their supply of lending in the commercial and corporate sectors. Consumer credit, especially in amounts approximating $ 3,000 (USD 100), is handled by credit providers and some credit card issuers. 10 Uruguay Report May 2006 The Banco de la República Oriental del Uruguay, a public-sector capital bank, channels a large portion of the resources it attracts towards consumer credit, especially to public sector employees. By December 2005 this institution’s total loan portfolio accounted for 30 per cent of total bank (public and private) lending. 1.4.2.2 Mortgage Lending The main institution specializing in mortgage lending is the Banco Hipotecario del Uruguay, a public institution that in December 2005 accounted for 18 percent of the system’s (public and private banks) total loan portfolio. 1.5 Main Trends in Credit Reporting Four credit information services operate in Uruguay: a Credit Bureau, Clearing de Informes, recently purchased by Equifax; two credit information registries, one operated by the Chamber of Commerce (LIDECO), the other, INFOCRED, comprising commercial centers; and the Loan Registry administered by the BCU. At the end of each month financial intermediaries must inform the Loan Registry of all debtors exceeding a given pre-established threshold. This amount was reduced from 0.15 to 0.025 percent of basic bank capital (equivalent to USD 12,153 and USD 2,025, respectively) in order to increase the debtor information provided to the Loan Registry database. Basic Capital Responsibility (RPB) – (Art 15 RNRCSF) is the basic capital fixed for each type of financial intermediary institution according to its specialization of activities. The Basic Capital Responsibility for banks effective 31/12/2005 is UI 130 million. 11 Uruguay Report May 2006 2 INSTITUTIONAL ASPECTS 2.1 Legal Framework The Central Bank of Uruguay charter establishes that, through the Superintendence of Financial Intermediary Institutions (SIF), it shall undertake the supervision and oversight of private and public institutions comprising the financial intermediation system. The Superintendence, which reports to the Board of Directors, enjoys technical and operational autonomy. A Superintendent is appointed in charge for a period of eight years, with designation to and removal from office decided unanimously by the members of the Board. The Uruguayan financial system is governed by Decree Law Nº 15.322 of September 17, 1982 on Financial Intermediation and subsequent modifying legislation, which provides that any nongovernment public or private person engaging in financial intermediation shall be subject to the provisions of said Law. Financial intermediaries, including cooperatives subject to control by the Superintendence, must classify their loan portfolio according to objective and subjective criteria. The Uruguayan financial system is a system in which transactions can take place both in local or foreign currency. Also, there are no restrictions on capital inflows or outflows. There is no general law regulating the cooperative system as a whole in Uruguay; credit and savings cooperatives are legally bound by a General Law of 1946, which establishes principles and regulates the operation of cooperative societies in general, and the Specific Law on Savings and Credit Unions of 1971, which was partially repealed by subsequent regulations affecting financial intermediation cooperatives. Overseeing compliance with banking regulations is mainly the responsibility of the BCU and the Superintendence of Financial Intermediaries, although Executive Branch control also applies to certain aspects. Laws and Decrees affecting Financial Intermediaries: • Law N° 17.613 of December 27, 2002 – Financial System Restructuring Law. • Law N° 17.569 of October 22, 2002 - Usury Law. • Law N° 17.542 of August 2, 2002 – Modification of measures affecting checks at banks whose operations have been suspended. • Law N° 17.523 of August 4, 2002 – Law for Strengthening the Banking System. • Law N° 16.696 of March 30, 1995 - Central Bank of Uruguay Charter. 12 Uruguay Report May 2006 • Decree N° 614/992 of December 11, 1992 - Regulating Decree-Law N°15.322. • Decree N° 381/989 of August 16, 1989 - Regulating Decree-Law N°15.322 for external financial institutions. • Decree-Law N°15.322 of September 17, 1982 – Financial Intermediation Law. With modifications introduced by laws N° 16.327 of November 11, 1992, N° 17.523 of August 4, 2002 and N° 17.613 of December 27, 2002. • Decree-Law N°14.887 of April 27, 1979 – Relative to interest rates, Central Bank of Uruguay is empowered to set interest rates for financial transactions and regulations on usury are modified. • Decree N° 730/975 of September 30, 1975 - Regulating Decree-Law N°14.412. • Decree-Law N°14.412 of August 8, 1975 – Checking Law. With the modification of article 10° introduced by Law N° 17.542 of August 21, 2002. There are two specific laws governing credit information systems in Uruguay: Law Nº 17.838 “Protection of Personal Data used in Commercial Reports and Habeas Data Action Law”, passed in September, 2004 recognizing the debtor’s right to know, update and correct their own data contained in private databases. The other law was approved in January 2006: Law Nº 17.948, which clarifies the concept of bank secrecy in Uruguay, indicates that it is only applicable to the institutions’ liabilities (deposits) and not to the bank’s assets. This law has not yet been regulated. 2.1.1 Privacy Law Nº 15.322 of the “Financial Intermediation System” stipulates in chapter VI that firms comprised by the Financial Intermediation Law may not provide information on funds or securities held by any natural or legal person on current account, in deposit or in any other concept. Neither may they divulge confidential data received from or regarding their clients. These transactions and data are protected by professional privilege and may only be revealed by express and written authorization by the party concerned or by resolution of the Criminal Justice or competent court system, subject to the strictest liability regarding damages arising from unjustified requests. Those who infringe their established responsibilities shall be punished with three months of jail up to three years of penitentiary. Bank secrecy exists in Uruguay and is regulated by the Financial Intermediation Law and Law N° 17.948 which clarifies its scope. Law Nº 17.838 points out that consent is not required for the registration and handling of personal data, with special emphasis on the authorization for handling personal data related to compliance or non-compliance with commercial or loan obligations that allow for the evaluation of the data subject’s general business dealings, commercial conduct and payment capacity. 13 Uruguay Report May 2006 2.1.2 Banking Secrecy Bank secrecy exists in Uruguay and is governed by article 25 of Decree-Law Nº 15.322, which states that a financial intermediary may only divulge data on its liabilities if the party concerned issues a written express authorization, or by resolution of the Criminal Justice system or a competent court in the case of alimony or child support disputes. Any failure to comply with this legal obligation will bring criminal responsibility upon the offenders. From the client’s point of view, it implies the legal protection of the right to secrecy regarding information held by financial intermediaries, by virtue of the private legal relationship between both parties and the professional activity performed by the latter. Law Nº 17.948 clarifies this definition and textually points out in article 1 that “professional secrecy coverage governed by article 25 of Decree-Law Nº 15.322, of September 17 1982 is limited to bank liability transactions performed by financial intermediaries and any other transaction in which they assume the role of debtor, depository, agent or custodian of money or specie in relation to their clients, notwithstanding the protection afforded any confidential information received from the client – both with regard to liability and asset transactions – included in said norm.” 2.1.3 Consumer Protection/Quality Assurance Law 17.838 provides a special chapter on the protection of personal data and quality assurance, where it is stated that every data subject is entitled to initiate a personal data protection action, or habeas data, against any person responsible for a public or private database, in cases where information was not rendered, or having requested the correction, updating, elimination or suppression of data, this was not performed or sufficient cause for not doing so within the time frame stipulated by the law was not provided. It also states that personal data related to commercial obligations may only be registered for a period of five years from the date of entry. If at the end of this period the obligation remains due, the creditor may request the data base operator to retain the data for another single five year period. In cases of obligations that have been cancelled or extinguished through whatever means, these will remain registered, with express mention of the fact, for a maximum non- renewable period of five years from the date of cancellation. 2.2 The Role of Financial Institutions: Credit Reporting 2.2.1 Credit Reporting Agencies Various credit reporting firms operate in Uruguay. Clearing de Informes, whose shareholder is Equifax, operates as a credit bureau, providing its affiliates with information indicating if the data subject, whether a natural or legal person, is in non-compliance or arrears with obligations. The Liga de Defensa Comercial, (LIDECO) is a trade association whose members, both private and state-owned financial and commercial institutions, are provided with information on data subjects’ financial statements, import and export activities and legal standing. INFOCRED operates in a more 14 Uruguay Report May 2006 reduced area and mostly outside of Montevideo, managing a data base of commercial centers in the country and providing information to its affiliates. 2.2.2 Banking Sector The banking sector is one of the main sources of credit information, reporting all loans in excess of US 2,025 to the BCU and lower amounts when there is payment non-performance. It maintains agreements with credit reporting agencies both as provider and user of information, especially to request information on the system’s debtors below the BCU reporting thresholds. 2.2.3 Other In addition to banking institutions, credit provider firms and credit card issuers also operate in the market. Both types of institution focus their activities on consumer lending. These institutions maintain agreements with Clearing de Informes both as providers and users of information. Most of their operations are not reported to the loan registry since they fall below the BCU reporting threshold. 2.3 The Role of the Authorities The main regulatory agencies in Uruguay’s financial system are: the Central Bank of Uruguay and the National Internal Audit Office at the Ministry of Finance. 2.3.1 Central Bank The Central Bank of Uruguay (BCU) is the agency charged with bank supervision through the Superintendence of Financial Intermediary Institutions. The Superintendence’s main functions are to: (i) Establish general prudential norms, as well as specific instructions, to promote and preserve the solvency and stability of financial intermediaries; (ii) Authorize branches of existing financial intermediaries; (iii) Require financial intermediaries to supply information periodically and in the appropriate format, as well as to provide registries and documents; (iv) Regulate the periodic publication by financial intermediaries of their financial statements and other information; (v) Monitor each member of the financial intermediation system, in order to verify its economic and financial situation and its compliance with current regulations. In the context of the credit reporting systems the supervisory function is performed by the Central Bank through the Superintendence. The Superintendence operates the Loan Registry (CR-BCU). Information on the lending transactions of banks, finance houses, financial intermediation cooperatives, external financial institutions and asset recovery funds are consolidated in the CR-BCU. 2.3.2 Ministry of Economics and Finance This Ministry programs the budget and financial execution for the fiscal year, for which information on its monthly programming is required in the areas of commitments undertaken, obligations assumed and projected financial disbursements. 15 Uruguay Report May 2006 Also dependent on this ministry is the agency controlling the handling of personal data, including commercial obligations according to the mandate established in Law 17.838. 2.3.3 National Internal Audit Office The National Internal Audit Office is an independent controller agency of the Executive Branch located at the Ministry of Finance, and acts with technical autonomy in discharging its responsibilities. Further detail regarding its functions is presented in Section 5.5. 2.3.4 Consumer Protection Agency The area of Consumer Protection acts as mediator between client and bank, lacking legal competence to handle credit reporting issues. It maintains administrative procedures for contacting the financial institution and holds administrative hearings among parties in order to arbitrate solutions. Formal complaints are sent to the attention of the Central Bank of Uruguay. 2.4 The Role of other Public and Private Sector Institutions 2.4.1 Non-financial Credit Providers Credit providers and credit card issuers are the main sources of non-financial credit. They engage in consumer lending transactions for minimum amounts of approximately US100. The main credit card issuer in the country is OCA, and CREDITEL operates as both a credit provider and a credit card issuer. Personal loans are generally disbursed in cash. Requirements are the last paycheck, identification card, proof of residence and positive records in Clearing de Informes. Once the required documentation is presented, the loan becomes effective instantly. The credit limit is three months salary. 16 Uruguay Report May 2006 3 PRIVATE CREDIT REGISTRIES 3.1 Clearing de Informes 3.1.1 Control/Governance Clearing de Informes was founded in 1954 and acquired by Equifax in June, 2001. It provides information to its subscribers, indicating whether a natural or legal person data subject is in noncompliance with or arrears on obligations. Clearing de Informes is managed by a Board of Directors elected by the shareholders assembly. It has a general manager and four area managers: operations, information systems, administration/ marketing and research and development. It has 74 employees but no branches, although it has representatives in different parts of the country. 3.1.2 Sources of Information Clearing de Informes operates by reciprocity agreements such that the users of information are also the providers of data. There are about 3,600 sources of information between financial institutions and firms. 3.1.3 Users The information service of Clearing de Informes is not openly available: it is accessed by institutional subscribers comprising about 2,500 direct clients and around 1,000 indirect affiliates through 16 Chambers of Commerce spread throughout the country. Its clients include all the regulated institutions of the financial system, commercial and service companies, and even foundations that offer credit to the micro-enterprise sector. About 150,000 information requests are received each month. 3.1.4 Services Provided Clearing de Informes provides a report that includes the name of the individual/firm, identification card/tax number, address, profession and/or place of work/trade name, missed or late payments (subscriber, date, amount, maturity, last payment and balance), requested reports and additional information. The data base comprises 1,660,000 entries on individuals and 180,000 for firms. This does not mean that such quantity of individuals and firms have had payment problems, simply that they have been registered. It has 3,614 subscribers of which 1,070 are outside of Montevideo. Updating data is a continuous process: subscribers send entries when their clients have not met an obligation. Once the information is registered, it is kept for 9 years from the date of non-compliance and for 2 years from the date of cancellation. 17 Uruguay Report May 2006 3.1.5 Pricing Policies The price of accessing the database depends on the category chosen by the subscriber. Five categories have been established, and the regular price per report is of $19.68 plus 24 percent VAT. Although the information in Clearing is basically negative, not being registered in Clearing or being registered with no negative records is an important asset for any individual or firm in order to obtain a loan. 3.1.6 Procedures and Policies to Ensure the Quality of Information Only subscribers to the system have access to the database. For this purpose each subscriber is furnished with an access code allowing entry and quantifying the use of the services. The registration of a non-compliance event may be requested by any subscriber. However, the requestor must present written documentation to prove the existence of the obligation and the non-compliance. Once it has been decided to register the defaulted obligation, if the subject has no previous record there must be automatic notification of the inclusion in Clearing de Informes, so that a protest may be lodged. 3.1.7 Risk Management Procedures and Policies The entry, storage, transmission, modification and general handling of data used to produce objective reports of a commercial nature is regulated by Law Nº 17.838 “Protection of Personal Data used in Commercial Reports and Habeas Data Action ”. 3.1.8 Rights of Individuals/Firms to Access Data and Resolve Disputes Registered persons are entitled to view their report free of charge. If they do not agree with the information contained in their report they have the right to modify the data by presenting documentation that proves the inexistence of the obligation or that they are current with payments. If the subscriber has provided erroneous information, the data subject may sue to recover damages. When the obligation has been cancelled, the firm has a period of 24 to 48 hours to inform Clearing de Informes. A firm can be disaffiliated if it acts irresponsibly in the provision and use of information 3.1.9 Information Sharing Policies Clearing de Informes operates under terms of reciprocity whereby only data providers may access the services offered. The data subject may access the data free of charge twice a year. 3.2 Liga de Defensa Comercial (LIDECO) 3.2.1 Control/Governance LIDECO is a non-profit trade association, founded in 1915, whose members are firms from different sectors in the country, banking institutions and state-owned companies. According to its statutes, 18 Uruguay Report May 2006 its objective is to promote transparency and ethics in commercial transactions, seeking to protect credit and spur loyal competition among firms. It is active in the area of commercial and banking information related to the coverage of loan risk. LIDECO obtains and processes commercial, financial and legal information, mainly on legal persons, from publicly accessible sources, and provides it upon request by its members. 3.2.2 Sources of Information In addition to the information supplied by its members, law 16.002 establishes that state agencies must submit to Liga de Defensa Comercial the information which it requires from them in order to comply with its functions. Thus there is a direct connection to the Central Bank, the Supreme Court of Justice, the National Directorate of Public Registries, the National Customs Directorate, the National Directorate of Industrial Property and the Interior Ministry. 3.2.3 Users Only LIDECO members, i.e. commercial firms, financial institutions and state-owned companies may access the data. 3.2.4 Services Provided Commercial Information Service: Maintains updated information on all member firms as a means of streamlining loan requests via consultation of the firm’s credit record. Red LIDECO – online information (redlideco): this is a commercial data database and a query tool. It comprises hardware with 24 hour connectivity, enabling online consultation. It is an intranet that permits member firms, either by Internet connection or by dedicated phone line, to access available information in the database. The spectrum of information it covers is: • Firms’ requests to be included in financial restructuring laws. • Suspended or cancelled bank checking accounts. • Names of partners or directors who form (or formed) part of the firm, and their connections to other firms. • Precedents in matters of loans, moratoria, bankruptcy and court-ordered liquidation. • Firms’ database entries as debtor in arrears. • Foreign trade transactions (imports and exports by product and firm). • Local trade. 19 Uruguay Report May 2006 • Commercial and banking references. • Trademarks registered by the firm. • Firm’s registration as supplier to the State and the Municipality of Montevideo. • Financial statements. • Incorporation data. Member Alert Service (SAS): Allows members real-time access to data regarding distressed companies whose situation they must monitor. The following aspects are included in the alert that is sent to members who sign up for the service: • Notice of request to be included under any form of court-ordered protection from creditors. A list of such requests is provided daily, whether or not it includes firms directly related to the member. • Notice of suspension or cancellation of checking accounts. • Data from the Official Gazette (dissolution of marital contracts, sales of shares, auctions, incorporation of limited liability firms, assignment of partnership quotas, modifications to statutes of bearer stock companies, etc.). • Notice that the firm has been denounced as being in non-compliance with commercial obligations. This service functions in the following manner: the member interested in accessing the service provides LIDECO with a diskette containing identification data on the firms to be monitored, and this data enters the information system. Each time there is a data entry to the systems regarding any of these identified firms, a communication by fax or mail is automatically generated to the member who requested the information. Representation in creditor agreements LIDECO represents member and non-member firms in outof-court settlement talks. Representation in debt collection: LIDECO handles the registration and collection of accounts payable denounced by member firms. The objective is to resolve the collection of debts either in or out-of-court by promoting payment agreements. Annex 1 shows the complete report LIDECO generates for its clients. 20 Uruguay Report May 2006 3.2.5 Pricing Policies LIDECO’s members cover the major part of the cost of services through their dues. 3.2.6 Procedures and Policies to Ensure the Quality of Information Every report issued by LIDECO is private and confidential, being only for the use of its members. Its contents cannot be disclosure, serving solely as an element of support in commercial decisions. 3.2.7 Risk Management Procedures and Policies The entry, storage, transmission, modification and general handling of data used to produce objective reports of a commercial nature is regulated by Law Nº 17.838 “Protection of Personal Data used in Commercial Reports and Habeas Data Action”. 3.2.8 Rights of Individuals/Firms to Access Data and Resolve Disputes To assure the right of everyone to protect their good name and credit against involuntary mistakes, LIDECO provides all data subjects with the option of attaching to its electronic file any justification, rectification or clarification where due. 3.2.9 Information Sharing Policies LIDECO only shares information with its members or with those institutions with which it maintains agreements, such as INFOCRED. 3.3 INFOCRED 3.3.1 Control/Governance INFOCRED Uruguay was created on August 18th, 2001 as an initiative launched by commercial associations and centers mainly in the north and west of the country. Its objective, according to its promoters, is to create a unique national database for the protection of credit through the use of permitted information systems. Commercial centers are described as not-for-profit trade associations, one of whose functions is to promote transparency in the use of credit. The Federation of Entrepreneurial Associations, a guild-type civil association, was formed on December 18th, 2004 to assume management responsibility for the data bank. The mission of the database is to provide information on the credit and commercial background of individuals or firms to the members of the affiliated institutions. 21 Uruguay Report May 2006 3.3.2 Sources of Information INFOCRED receives information from its members who are represented by the commercial and industrial centers of the country. It also has an agreement with LIDECO for the provision of information on suspended bank accounts. 3.3.3 Users The members of INFOCRED are commercial and industrial centers of different parts of the country, comprising 2,500 firms that use the system, more than 500,000 up-to-date entries in the database and 16,000 monthly queries. 3.3.4 Services Provided INFOCRED services allow for interaction with a single database of loan and commercial transactions of individuals and firms taking place in Uruguay. The information is available 24 hours a day. The services are: • Relative to subject data: o Individuals: name, surname, address and telephone number, alert in case of anomalies, document irregularities (reports of loss, theft or lack of validity), notification of death, spouse data and situation. o Firms: trade name, legal name, address, telephone number, firm principals, company closure. • Relative to subject credit and loan performance (individuals or firms): o Transactions in non-compliance: loans outstanding from firms, checks returned for lack of funds. o Transactions cancelled in arrears: conditions in which the debtor paid off an account registered in the database. o Requests for reports: the first query for each firm with which the subject transacted, plus the data requests of the last three years are provided. Centro Comercial e Industrial de Paysandú, Centro Comercial e Industrial de Young, Centro Comercial e Industrial de Lavalleja, Asociación Comercial e Industrial de Río Negro, Asociación Empresarial e Industrial de Tacuarembo, Centro Comercial e Industrial de Bella Unión, Centro Comercial e Industrial de Paso de los Toros, Centro Comercial e Industrial de Flores, Centro Comercial e Industrial de Mercedes, Centro Comercial e Industrial de Cardona, Centro Comercial e Industrial de Dolores, Centro Comercial e Industrial de Carmelo, Centro Comercial e Industrial de Salto. 22 Uruguay Report May 2006 o In these cases, if the subject does not appear in the database there is a “no data available” response and a first entry to file is registered with the data provided by the member. • If the subject is located in the database but shows no history of non-compliance, there is a “no negative record” response and information is provided on previous loan requests, identifying the firms that requested reports. If the member firm has access to positive information (which may be provided optionally) the subject’s financial situation and background will be supplied. If there is non-compliance, there is a “registered with unfulfilled obligations” response, identifying the firm that provided the entry, the date of the transaction, whether on own account or as guarantor, amount, maturity and unpaid balance (without interest). Additionally, information is provided as to the location where the subject must straighten out his situation. This information will remain in the data bank for ten years from the date of entry. If the subject has paid off transactions in arrears, there is a “cancelled arrears” response providing date and cancellation code for the transaction. This information will remain in the data bank for two years from the date of cancellation. • By means of an agreement with Liga de Defensa Comercial (LIDECO), notification is provided regarding the suspension or cancellation of an individual or firm’s checking account. • Support for the collections system by providing form letters to be sent to clients in arrears: o Cautionary flyer to be attached to the client’s account summary. o Warning letter advising of the existence of arrears. o Letter of notification that following a ten-day period the event shall be registered in the databank. o Final deadline letter: for each non-compliance event registered by the member in the database, the subject shall be sent a letter informing of the entry and of the existence of a 15 day deadline for payment. If settlement occurs, the entry shall be expunged. Otherwise, the subject shall remain registered in default at INFOCRED. • Information on loans granted (positive information). Companies may inform all credit provided. Access to this service is allowed to all INFOCRED members who provide 100 per cent of the loan transactions they have entered into. 3.3.5 Pricing Policies The first 20 consultations are free of charge; for additional queries there is an agreed schedule of fees with firms. 3.3.6 Procedures and Policies to Ensure the Quality of Information INFOCRED follows a procedure for the inclusion of information (Annex 2): 23 Uruguay Report May 2006 • An individual or firm is included as a non-complier when the delay in payment exceeds 60 days for an amount greater than ½ UR and there is valid legal documentation. The entry form must have a seal and signature of the firm’s principal or authorized representative, and must be accompanied by a copy of the document verifying the debt signed by the debtor and, if applicable, the guarantor. The firm declares under oath that the information is supported by valid legal documentation signed by the debtor. It also assumes total and exclusive responsibility for the data transmitted to INFOCRED. • The firm commits to notifying the non-complying client in written form prior to registration in the data bank. The system shall issue a warning letter with a final 15-day deadline, notifying that registration has taken place. If the non-complier resolves the matter with the firm within the established deadline, no record shall remain in the registry. • The non compliance entry will remain in the database for 5 years from the date of inclusion, subject to a single 5-year renewal period at the request of the firm, as laid out in Law 17.838. • The case of a check returned for insufficient funds may be registered as a defaulted transaction. A procedure is also followed for the cancellation of transactions in arrears (Annex 3): • Once the debtor in arrears cancels the entire obligation, the firm must send the corresponding form to INFOCRED within 24 hours. • The form must present the seal and signature of the firm’s principal or authorized representative and the corresponding code (8 – complied and explained the delay, 9 – complied following INFOCRED intervention, 10 – complied following INFOCRED collection efforts, 11 – the guarantor complied, 12 – complied following out-of-court settlement, 13 – complied following court proceedings). • Once cancelled, the loan remains for 5 years in the database. Refinanced loans, with new paperwork, must be cancelled in agreement with the creditor and registered as a new loan. In the case of long-term loans the subject is rehabilitated once all overdue installments are paid off, whether or not the loan has matured in its entirety. 3.3.7 Risk Management Procedures and Policies The entry, storage, transmission, modification and general handling of data used to produce objective reports of a commercial nature is regulated by Law Nº 17.838 “Protection of Personal Data used in Commercial Reports and Habeas Data Action ”. INFOCRED keeps a “procedures manual” for access to information, and to minimize the risk of access by non authorized persons. Operationally, there exist different ways of requesting reports: directly 24 Uruguay Report May 2006 at INFOCRED offices, by telephone, by fax, by e-mail through a phone line or via the website. The member’s code must be provided in all cases, and in cases of remote access a password supplied by the data bank must be entered. To request a report on individuals the member must submit their ID card number, names, surnames, applicant’s address, date of birth and ancillary data (marital status, telephone, occupation, employer’s address and spouse). In the case of firms, the tax number, name, trade name and address must be provided. Each request made by an affiliate is registered in the data subject’s file, with information on the requesting firm and the date of query. 3.3.8 Rights of Individuals/Firms to Access Information and Resolve Disputes A debtor may request the expunging of his entry in INFOCRED by presenting himself at the offices with a receipt certifying payment of the debt. Should it proceed, INFOCRED will exclude the data once the case has been analyzed with the firm that registered the noncompliance. The debtor may also request the exclusion of the entry when no legally valid documentation exists to support it. 3.3.9 Information Sharing Policies Since this is a service exclusively for members, there are no policies for sharing information with other institutions. 25 Uruguay Report May 2006 4 PUBLIC CREDIT REGISTRIES The Loan Registry at the Central Bank of Uruguay (CR-BCU) began operations in November, 1982 with quarterly information on the non-financial sector; in December 1999 it was redesigned and started validating data against balances shown in financial statements; monthly data began arriving in April 2003, and in January 2004 credit information for the financial sector was included. 4.1 Main Objectives of the Registry The objectives of the CR-BCU are to: (i) consolidate the information on debtors to the financial system sent by financial intermediaries (ii) provide the Superintendence of Financial Intermediary Institutions (SIIF) with the necessary elements to evaluate credit risk at financial institutions; (iii) provide information to financial institutions for the analysis of their clients’ track record when granting or renewing a credit line, in order to comply with prudential regulation regarding credit risk. In terms of the information to be sent to CR-BCU, credit risk entails any obligation of a natural or legal person, whether resident or non-resident, from any sector – financial, non-financial or public – either direct or contingent, solely or jointly liable, or as guarantor. 4.2 Sources of Information Financial intermediaries must provide the Superintendence of Financial Intermediary Institutions (SIIF) with information for the Loan Registry on a monthly basis and within the first eight working days following the effective date of information. Private and public banks, finance houses, financial intermediation cooperatives, external financial institutions, trust funds, asset recovery funds and external auditors are all required to report. The CR-BCU compiles information on loan transactions of the regulated financial system in excess of a USD 2,025 threshold, except for non-performing, defaulted or provisioned loans which are informed in full. These institutions are obligated by law to deliver the information to the Superintendence on a monthly basis. The Registry groups it and makes it available exclusively to regulated institutions through on-line connections and via files it sends to the entities on a monthly basis. The on-line report presents total indebtedness broken down by creditor institution, plus the loan classification awarded by each institution, and allows consultation on data subject information since 1999. Financial entities can consult this information both for their clients and potential clients, which allows them to complement the reports produced by private credit bureaus which usually contain little positive information from the financial system. In addition to this data, the Superintendence informs of returned checks and cancelled checking accounts, identifying the account-holders. Unrestricted access to this information is provided through the Internet. As of 31/12/2005 – 0.025 % of RPBB. 26 Uruguay Report May 2006 External auditors must submit the audited sample on a six-month basis, including the discrepancy codes in those cases where they disagree with the institution’s classification. 4.3 Users The main users of CR-BCU information are the financial intermediary institutions as well as their supervisors. Through the use of applications designed to exploit this information, supervisors have unrestricted access to the data, while financial intermediaries receive files with consolidated information on their own clients, including data on debtors with non-performing and written-off loans, as well as information on the composition of economic groups operating with the financial system. They are also able to perform individual consultations on any debtor within the financial system whom they are able to identify. Currently the information is accessed through IT applications developed by the BCU in direct line connection with the information providing institutions. Nevertheless, information may be divulged by any means the BCU considers appropriate, including publication on the Internet. As of the approval of Law 17.948 on January 8th 2006, any individual or firm may request consolidated information on any other individual or firm operating with financial intermediaries, with respect to transactions involving bank assets as well as to the risk classification that appears in the BCU-managed Loan Registry. 4.4 Services Provided The products generated by the CR-BCU are differentiated according to the user. Each financial institution receives monthly files with: (i) Consolidated information on their clients (Chart 1); (ii) Identification of the system’s debtors who are classified for accounting purposes as in collection procedures, non-performing or written off, and of the institutions reporting them as such (Chart 2); (iii)The break-down of existing economic groups in the data base (Chart 3); (iv)On-line queries regarding any debtor, individual or corporate, whether or not a client of the querying entity. This consultation includes: consolidated accounting data by currency: current, non-performing and overdue loans, off-balance sheet financing; economic sector and participation in any economic group; classification provided by the system, identifying each of the institutions with which the debtor operates (Annex 4). The products generated by the system for use by the Superintendence, both for in situ and extra situ supervision, are: consultation of debts by debtor, by use of credit, by economic group, by accounting category; consultation by classifications; ranking of debtors by institution and within 27 Uruguay Report May 2006 the overall system; consultation by institution and by country; position of the debtor within the system; comparisons of debtor classification by one institution with the rest of the system; debtor identification by tranches, according to SIIF norms. Chart 1: CR-BCU, File with Consolidated Loan Information on the Institution’s Clients Name and Document of debtor Economic Group it forms part of Relative position of the group within the system (ranking) Number of institutions reporting Highest classification within the system Number of institutions reporting the highest classification Lowest classification within the system Number of institutions reporting the lowest classification Main business of the company First firm – Current loans in l/c and f/c(a) First firm – Overdue loans in l/c and f/c(a) First firm – Loans in collection in l/c and f/c(a) First firm – Non-performing loans in l/c and f/c(a) First firm – Contingencies in l/c and f/c(a) First firm – Provisions in l/c and f/c(a) First firm – Financial products in suspense in l/c and f/c(a) First firm – Indemnity received from Loan Guarantee Fund in l/c and f/c(a) First firm – Applicable guarantees in l/c and f/c(a) First firm – Non-applicable guarantees in l/c and f/c(a) First firm – Loans written off in l/c and f/c(a) Second firm – Current loans in l/c and f/c(a) Second firm – Overdue loans in l/c and f/c(a) Second firm – Loans in collection in l/c and f/c(a) Second firm – Non-performing loans in l/c and f/c(a) Second firm – Contingencies in l/c and f/c(a) Second firm – Loans written off in l/c and f/c(a) Gross of deductions for provisioning, financial products in suspension and indemnities received from the loan guarantee fund. (a) Chart 2: CR-BCU, File with Non-performing Loans or Debtors in Arrears Name and Document of debtor Number of institutions that informed of the debtor as non-performer or written off. Codes for institutions that informed of the debtor as non-performer or written off. 28 Uruguay Report May 2006 Chart 3: CR-BCU, File with Information on Economic Groups Group Code Name of the economic group Name and Document of debtor 4.5 Pricing Policies Although the current service is offered free of charge to third parties who request it, BCU is authorized to establish a fee for the queries. The law sets a maximum of 270 UI per data request and 90 UI for updating the information. Queries by institutions that provide information to the Loan Registry are free of charge. 4.6 Procedures and Policies to Ensure the Quality of Information Article 5 of Law 17.948 states that, individuals or firms of the financial intermediation system that provide the information contained in the BCU’s registries is solely responsible for ensuring its accuracy and timeliness. In this sense, the Compilation of Regulatory and Control Norms for the Financial System (article 380) foresees a schedule of fines for delays and errors in the information provided. In both cases the fines are established as a proportion of basic regulatory bank capital, notwithstanding the Central Bank of Uruguay’s power to establish other penalties, pecuniary or otherwise, for alteration of data, hindrance to supervision and/or absence of information. The transfer of information takes place through a dedicated line using a private network existing between the institutions and BCU. The SIIF provides each user with different codes of access depending on the purpose (to send information, to make queries). Once the information is transferred, the BCU performs an automatic control verifying that the categories in the loan registry correspond to those of the financial statements; that fictitious debtors are not included under non-performing, written-off or collectable accounts; that in the case of applicable guarantees, the corresponding risks be informed; that applicable guarantees do not surpass the risk; that in the case where the debtor is resident, the account-holder categories correspond to resident categories, and likewise for non-residents; that the debtor classification does not exceed that arising from the categories informed; that the client identified to the system as past-due and written off during the previous month has a classification of 3 or more. Once the automatic controls are passed, the information is entered in the BCU’s database and the necessary calculations are performed so as to prepare the different products to be used both by financial institutions and by the SIIF. 1 UI (Indexed Unit) = 1.5032 Uruguayan Pesos as of 31/12/2005. 29 Uruguay Report May 2006 4.7 Risk Management Procedures and Policies The entry, storage, transmission, modification and general handling of data used to produce objective reports of a commercial nature is regulated by Law Nº 17.838 “Protection of Personal Data used in Commercial Reports and Habeas Data Action”. The SIIF provides each financial intermediary with an access code to its information systems. In turn, each financial intermediary is responsible for its connection to the Superintendence and must be able to manage and care for the maintenance of its line and internal security. Every user must be instructed with respect to the liability that both institution and employee will incur in for the violation of professional secrecy. 4.8 Rights of Individuals/Firms to Access Information and Resolve Disputes Every individual has a right to be informed of the data referring to themselves, and of its purpose and the use to which it is put, in public or private registries, and in case of error, falsehood or discrimination, to demand its correction or suppression. This right can be exercised without cost, and the information must be provided within twenty working days of its request. In addition, any person can require from the supervisor information regarding the existence and location of personal information databases, their purposes and the identities of their principals. 4.9 Information Sharing Policies The information in the CR-BCU is shared under restrictions with financial intermediary institutions, which may access consolidated information on their own clients, information on debtors with nonperforming or written-off loans, as well as being allowed individual queries on the consolidated financial data and risk classification of any debtor in the financial system. However, since the approval of Law 17.948 on December 27th 2005, any person (natural or legal) may request consolidated information on any other individual or firm operating with financial intermediaries, with respect to transactions involving bank assets as well as to the risk classification that appears in the BCU-managed Loan Registry. Currently, the CR-BCU does not share its database with public sector entities, private credit bureaus or other public databases. 30 Uruguay Report May 2006 5 INTERACTION WITH OTHER COMPONENTS OF THE FINANCIAL INFRAESTRUCTURE 5.1 Payment Systems and Instruments The principal means of retail payments in Uruguay are cash and checks. From 2000 to 2004, M1 grew by close to 50 percent with an important increase during the years 2002 and 2003 as a result of the banking crisis. There is a clearinghouse for checks in both local currency and in USD denominations regulated by the BCU and operated by the Bolsa Electrónica de Valores del Uruguay (BEVSA), a private institution owned by the banking sector. The public’s deposit accounts are not standardized and checks may be endorsed without limit. The use of instruments other than cash for retail payments is limited in Uruguay but is rapidly increasing. By May 2006 approximately 1.9 million cards existed of which close to 1.3 million were credit cards, although only 50 percent of them wee active, meaning that they had been used in the last two months. Debit cards are used mainly for automatic teller machines. Generally, banks offer a debit card whenever an account is opened. The main card issuing companies are OCA, VISA, MASTERCARD, DINERS and AMEX. It is important to note that a non-bank payments infrastructure has been developed in Uruguay, mainly in cash or checks, through which a great variety of payments for services can be made at agencies. The most important ones are ABITAB and RED PAGOS. ABITAB provides service to more that 500 firms. In 2004 it processed 42.9 million billing statements, equivalent to USD 2.75 billion. It has developed a network with more than 360 agencies distributed around the country, and is present in more than 100 localities where more than 1,200,000 clients are attended monthly. 5.2 National Office of Registries (DNR) In accordance with Organic Law Nº 16.871 the DNR depends on the Ministry of Education and Culture and is in charge of directing and controlling public registries. 5.2.1 Property Registry The Property Registry covers real estate and movable assets. The Real Estate section operates at the departmental level and has headquarters in the capital city of each Department, notwithstanding other existing or future local Registries. The Movable section comprises the National Registries of Non-transferable Liens and Automotive Vehicles, with central organization at the national level and agencies at the departmental and local levels. 31 Uruguay Report May 2006 5.2.2 National Registry of Personal Actions The National Registry of Personal Actions has national jurisdiction with headquarters in Montevideo, comprising five sections: Interdictions: this is the registry of general limitations on a natural or legal person’s powers of disposition or other preventive measures decreed by the courts; asset seizures, loss, suspension, limitation and restitution of parental authority; and parental agreements on the administration of the assets of children under their authority. Marriage regimes: marriage contracts and their dissolution, except when due to the death of either spouse, are registered here. Mandates or Powers of Attorney: the following actions are registered when referring to mandates or powers of attorney, whether or not registered: revocation, renouncement, substitution, suspension, limitation, extinction, and modifications and corrections of sufficient relevance to the aforementioned actions to merit registration. Universalities: this section is for registering the cession of hereditary rights, the cession of rights to assets which are retained from the dissolution of a marriage, a legal action petitioning inheritance and all other action staking a general claim, the abandonment of a spouses assets and rights, the abandonment of a beneficiary heir’s assets in favor of creditors and legatees, legal actions to determine paternity or maternity, modifications, declarations, corrections and cancellations of inscribed rights. Civil Societies for Joint Real Estate Ownership: the constitution of civil societies for joint real estate ownership, their total or partial dissolution, and the cessions, modifications, rescissions and cancellations of inscribed rights are registered here. 5.2.3 National Registry of Commerce The National Registry of Commerce has national jurisdiction and is headquartered in Montevideo. The following actions and contracts are entered in this registry: donations and bequests; charter contracts for commercial societies, cooperatives, economic interest groups and consortia; asset seizures; promises to sell commercial establishments; transmissions of any nature and for any reason, and adjudications arising from the partition of partnership shares or commercial establishments; lawsuits and sentences on demands, whether or not inscribed, arising from court action stemming from a judicial rescission of a promise or sale of commercial establishments; maritime privileges and all actions that alter or modify existing entries. The DNR is currently in the implementation phase of a Single Registry System that will allow for interconnectivity and remote consultation with all the registries operating in Uruguay. Currently this system allows remote queries on personal actions, commerce and property registry in Montevideo; however this system does not function in real time since the requested information is not displayed onscreen but must be obtained through the DNR offices. 32 Uruguay Report May 2006 There is currently a draft law under discussion in Congress that would create the Single Registry of Financial Credit. This registry would also be operated by DNR and would register all credit extended by non-financial intermediaries. Those transactions reported to the BCU Loan Registry would be excluded. In order to legally enforce payment of these loans the creditor would have to include proof of registration of the credit agreement, otherwise the legal action would not proceed. Entry in the registry would include creditor and debtor data (name, identity document and number, tax number, in case of a firm the trade name and tax number, and if no tax number a sworn statement of non-inscription citing the norm exempting it). Additional information would include address, amount, currency, term and origin of the loan granted, interest rate, expenses and commissions derived from the transaction, as well as any other cost incurred and guarantee provided. 5.3 National Office of Civil Identification (DNIC) The DNIC is responsible for providing citizens with their identification document (identity card). Since 2002 the information on identification is migrating from printed images on paper or microfilm to a digital format. These digital files contain a birth certificate, fingerprints, photo and ID number. Request for verification of identity must currently be lodged in person at DNIC offices, although a project is currently underway to allow for online verification. 5.4 General Tax Authority (DGI) The General Tax Authority is responsible for the administration of internal revenue in the country, and depends on the Ministry of Economics and Finance. In order to carry out its function the DGI receives an extract of corporate financial statements. In the case of those companies classified as large (about 250 of the major tax payers) the information is more complete since audited financial statements must be submitted. However the DGI is not authorized to distribute this information because of the regulations that set out its areas of competence. Nevertheless the DGI may share information which is public, for example data that appears on corporate billing statements such as the fiscal identification number (RUC), trade name and address. The DGI produces a Single Certificate that reflects compliance with tax obligations and is communicated to financial institutions and LIDECO. This information includes name, address and RUC. 5.5 National Internal Audit Office The National Internal Audit Office is a controlling agency which is functionally independent from the Executive Branch through the Ministry of Economics and Finance, and enjoys technical autonomy in the fulfillment of its responsibilities. It heads the system of internal control of actions and economic and financial management at public sector agencies. In the private sector its mission 33 Uruguay Report May 2006 is to act as the state control organ for the approval of statutes and their modifications in the case of bearer stockholder corporations. According to Decree 253/01 all companies whose assets surpass 30,000 UR (approximately US 343,000) or net operating income exceeds 100,000 UR (about USD 1,145,000) at the end of the fiscal year, must report their financial information within the 180 days following the close of the fiscal year. This information must include the general data on the company (name, address, tax number, type of business) and financial statements, including notes. The information must be submitted in printed form according to pre-established format with a copy on magnetic media (diskette). The information is available on internet, through the screen display of a scanned image of the financial statements. 34 Uruguay Report May 2006 APPENDIX: STATISTICAL TABLES The first series of Tables (A) provides information on credit reporting in Uruguay. These Tables have been prepared following the Standard Methodology for Country Tables designed by the principal team of the Initiative. This methodology is available on the WHCRI website, www.whcri.org. The second series (B) provides general statistical information on the financial system and the loan market. Series A Credit reporting statistics A1 Basic Statistical Data................................................................................................. 37 A2 Institutions Reporting on Bank Loans and Credit, and Other Relevant Databases for Lending Activities............................................................................... 37 A3 Private Credit Bureaus – Ownership Structure.......................................................... 38 A4 Institutions Reporting to Private Credit Bureaus........................................................ 38 A5 Institutions Reporting to Public Registries for Credit Information............................... 39 A6 Individuals, Firms and Transactions Registered in Private Credit Bureaus.................. 39 A7 Individuals, Firms and Transactions Registered in Public Registries for Credit Information.................................................................................................... 40 A8 Credit Reports Requested From Private Credit Bureaus (by type of requesting institution).............................................................................. 41 A9 Credit Reports Requested From Private Credit Bureaus (by mode of delivery)............................................................................................... 42 A10 Credit Reports Requested From/Provided by Public Registries for Credit Information............................................................................................................... 43 Series B General statistics on the financial system and loan market B1 Financial Institutions................................................................................................. 44 B2 Credit Granted by Financial Sector Entities (by type of institution in USD millions)...................................................................... 44 35 Uruguay Report May 2006 B3 Credit Granted by Financial Sector Entities (by debtor category in USD millions)......................................................................... 45 B4 Credit Granted by Financial Sector Entities (by type of loan in USD millions).......................................................................................45 B5 36 Quality Indicators of Loans Granted by Financial Sector Entities...................................46 Uruguay Report May 2006 A1: Basic Statistical Data 2000 Population 3,300 GDP (US Million) 2001 2002 2003 2004 3,308 3,309 3,303 3,301 2005 3,306 20,08718,56112,27811,19113,21515,712 GDP per Capita (in USD) 6,086 5,610 3,710 3,388 4,033 4,752 Exchange rate vs. USD End of year 12.5114.77 27.17 29.29 27.38 24.12 Average 12.4414.07 27.22 29.23 26.58 23.65 Source: Central Bank of Uruguay. A2: Institutions Reporting on Bank Loans and Credit, and Other Relevant Databases for Lending Activities Name General Description CLEARING DE INFORMES Private firm whose main objective is to gather and distribute credit information on individuals and firms. It also provides additional data verification services. LIDECO Not-for-profit corporate trade association. Founded in 1915 and composed of various business sectors. INFOCRED Database created by “commercial centers”. Provides members with information on credit and commercial background of individuals or firms. CR-BCU Loan registry operated by the Central Bank; the information is employed for supervisory purposes. BCU sends each institution the data on its debtors. Identification databases Dirección Nacional de Identificación Civil This is the directorate charged with providing citizens with their identification documents. Property, personal actions and commercial registries Dirección Nacional de Registros Charged with managing and controlling property registries in its divisions corresponding to real estate and movable property, personal actions and commerce registries. Private Credit Bureaus Public Credit Information Registries/ Loan Registries Other Data Bases (continue on next page) 37 Uruguay Report May 2006 A2: (conclude) Name General Description Tax registry Dirección General Impositiva This office receives an extract of corporate financial statements, although it is not authorized to distribute them. Other Auditoria Interna de la Nación Firms whose assets exceed 30,000 UI or whose operating income exceeds 100,000 UI must send their financial statements to the National Internal Audit Office. Source: Own elaboration. A3: Private Credit Bureaus – Ownership Structure Shareholder Name CLEARING DE INFORMES LIDECO INFOCRED Percentage of Shares Equifax100% Trade association … Commercial centers … Sources: Private credit bureaus. A4: Institutions Reporting to Private Credit Bureaus At the time of preparation of this report no information was available on institutions reporting to private credit bureaus 38 Uruguay Report May 2006 A5: Institutions Reporting to Public Registries for Credit Information 2000 2001 2002 2003 2004 2005 LOAN REGISTRY Financial sector 44 45 43 Banks 22 22 22171515 Financial Intermediation Coops. 6 6 6 4 4 3 Finance Houses 7 6 6 6 6 6 External Financial Institutions1011 9 6 6 6 Funds 0 0 01 2 5 Trust Funds 0 0 01 3 5 Non-financial Sector 0 0 0 0 0 0 44 45 43 36 35 40 Total 36 35 40 Source: Central Bank of Uruguay. A6: Individuals, Firms and Transactions Registered in Private Credit Bureaus 2000 2001 2002 2003 2004 2005 CLEARING DE INFORMES Number of registered individuals n.a. n.a. n.a. n.a. n.a. n.a. Number of registered firms n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. Total Number of entries on individuals . .1,719,5701,786,7251,908,8941,992,478 Number of entries on firms . .125,052130,892137,400141,576 . . Total 1,844,622 1,817,617 2,046,294 2,134,054 LIDECO Number of registered individuals 16,70716,70817,80218,933 Number of registered firms Total Number of entries on individuals Number of entries on firms Total 20,891 23,354 3,786 49,566 66,381 68,026 71,569 307,234 20,493 66,274 84,183 86,959 92,460 330,588 n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. (continue on next page) 39 Uruguay Report May 2006 A6: (conclude) 2000 2001 2002 2003 2004 2005 INFOCRED Number of registered individuals . Number of registered firms . . n.a. n.a. 9,700 . . . n.a. n.a. 500 . . . n.a. n.a. 10,200 Number of entries on individuals . . . n.a. n.a. 460,000 Number of entries on firms . . . n.a. n.a. 5,000 . . . n.a. n.a. 465,000 Total Total TOTAL GENERAL Number of registered individuals 16,70716,70817,80218,933 Number of registered firms Total 20,891 33,054 3,786 49,566 66,381 68,026 71,569 307,734 20,493 66,274 84,183 86,959 92,460 340,788 Number of entries on individuals . .1,719,5701,786,725 . 2,452,478 Number of entries on firms . .125,052130,892 . 449,310 Total 2,901,788 Source: Private credit bureaus. A7: Individuals, Firms and Transactions Registered in Public Registries for Credit Information 2000 2001 2002 2003 2004 2005 LOAN REGISTRY Number of individuals n.a n.a n.a n.a n.a n.a Number of firms n.a n.a n.a n.a n.a n.a Total n.a n.a n.a n.a n.a n.a Number of entries on individuals103,169136,994187,853157,623196,957 293,733 Number of entries on firms Total 18,767 21,145 23,492 25,883 31,690 43,304 121,936 158,139 211,345 183,506 228,647 337,037 Memo: inferior reporting limit for firms, individuals and accounts in public credit information registries. Source: Central Bank of Uruguay. 40 Uruguay Report May 2006 A8: Credit Reports Requested From Private Credit Bureaus (by type of requesting institution) 2000 2001 2002 2003 2004 2005(a) Financial sector n.a. n.a. n.a. n.a. n.a. n.a. Banks n.a. n.a. n.a. n.a. n.a. n.a. Other n.a. n.a. n.a. n.a. n.a. n.a. Non-financial sector n.a. n.a. n.a. n.a. n.a. n.a. Individuals or firms requesting their own credit report n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. CLEARING DE INFORMES Total LIDECO Financial sector n.a. n.a. n.a. n.a. n.a. n.a. Banks n.a. n.a. n.a. n.a. n.a. n.a. 8,908 Other 6,68711,33014,827 7,75011,915 Non-financial sector 4,291 4,952 5,607 4,26911,93312,422 Individuals or firms requesting their own credit report n.a. n.a. n.a. n.a. n.a. n.a. Total INFOCRED Financial sector . . . n.a. n.a. n.a. Banks . . . n.a. n.a. n.a. Other . . . n.a. n.a. n.a. Non-financial sector . . . n.a. n.a. n.a. Individuals or firms requesting their own credit report . . . n.a. n.a. n.a. . . . n.a. n.a. n.a. Total Source: Private credit bureaus. 41 Uruguay Report May 2006 A9: Credit Reports Requested From Private Credit Bureaus (by mode of delivery) 2000 2001 2002 2003 2004 2005 CLEARING DE INFORMES Direct connection n.a. n.a. n.a. n.a. n.a. n.a. Internet n.a. n.a. n.a. n.a. n.a. n.a. E-mail n.a. n.a. n.a. n.a. n.a. n.a. Fax . . . . . . Physical delivery . . . . . . Other Total n.a. n.a. n.a. n.a. n.a. n.a. LIDECO Direct connection . . 50,914 51,941 E-mail . . . Fax . . 5,120 Internet Physical delivery Other Total . . . . 29,80719,192 31,864 32,076 . . . . . . . 5,718 3,864 3,947 6,124 7,486 . . . . . . 56,034 57,659 33,671 23,139 37,988 39,562 INFOCRED(a) Direct connection . . . n.a. n.a. 0 Internet . . . n.a. n.a. 33,837 E-mail . . . n.a. n.a. 0 Fax . . . n.a. n.a. 0 Physical delivery . . . n.a. n.a. 0 Other (telephone) . . . n.a. n.a. 74,228 . . . n.a. n.a. 108,125 Total Source: Private credit bureaus. (a) 42 The figures correspond to queries during the period January-June 2006. Uruguay Report May 2006 A10: Credit Reports Requested From/Provided by Public Registries for Credit Information (by type of requesting entity) In the case of Uruguay this table does not apply since the information is available online for institutions providing information. 43 Uruguay Report May 2006 B1: Financial Institutions Banks Private Banks State-owned Banks 2000 2001 2002 2003 2004 2005 22 22 22 17 15 15 20 20 20151313 2 2 2 2 2 2 Non-bank Financial Intermediaries 22 23 21 18 21 25 Finance Houses 7 6 6 6 6 6 Cooperatives 5 6 6 4 4 3 IFES1011 9 6 6 6 Funds 0 0 01 2 5 Trust Funds 0 0 01 3 5 44 45 36 40 Total 43 35 Source: Central Bank of Uruguay. B2: Credit Granted by Financial Sector Entities (by type of institution in USD millions) 2000 2001 2002 2003 2004 2005 11,476 11,516 7,637 4,360 3,992 4,158 Private Banks 5,809 6,543 3,8721,8141,849 2,014 State-ownded Banks 5,668 4,973 3,764 2,546 2,142 2,144 509 473 302 262 249 217 Finance Houses150 99 41 38 43 49 Banks Non-bank Financial Intermediaries Cooperatives Total Source: Central Bank of Uruguay. 44 359 374 262 224 11,986 11,989 7,939 4,622 205168 4,240 4,375 Uruguay Report May 2006 B3: Credit Granted by Financial Sector Entities (by debtor category in USD millions) 2000 2001 Non-financial Private Sector11,41811,363 2002 2003 7,285 4,272 2004 3,915 2005 3,979 Individuals 3,394 3,121 2,2011,3951,0301,231 Firms 8,024 8,242 5,084 2,878 2,885 2,748 5,247 5,642 4,008 4,285 4,407 5,052 Financial Sector Public non-financial Sector Total 568 626 654 350 325 396 17,413 17,631 11,947 8,907 8,648 9,247 Source: Central Bank of Uruguay. B4: Credit Granted by Financial Sector Entities (by type of loan in USD millions) 2000 Commercial n.a. 2001 2002 2003 7,451 5,200 3,045 2004 2,432 2005 2,411 Short Term n.a. n.a. n.a. n.a. n.a. n.a. Long Term n.a. n.a. n.a. n.a. n.a. n.a. Mortgage n.a.1,894 915 746 766 861 Personal n.a.1,5791,158 582 651 670 Other n.a.1,065 Total n.a. (a) 11,989 665 249 391 433 7,939 4,622 4,240 4,375 Source: Central Bank of Uruguay. (a) Includes Public Sector. 45 Uruguay Report May 2006 B5: Quality Indicators of Loans Granted by Financial Sector Entities (in USD millions) 2000 2001 Total Loans11,98611,989 2002 2003 7,939 4,622 2004 4,240 2005 4,375 Current 9,362 9,213 3,992 3,382 3,459 3,582 Past Due 2,624 2,776 3,9471,240 781 792 261 428 284 275 Provisions 518 488 Classification 1 n.a. 2 n.a. 511 490 3 n.a. 490 418 4 n.a. 618 5 n.a. 505 Unclassification n.a. 6,971 Source: Central Bank of Uruguay. 46 2,8931,3241,493 2,145 2,578 511 414 466 296 451 431 707 349 376 303 691 677 203 219 4,3091,296 650 378 Uruguay Report May 2006 ANNEXES 1: LIDECO Complete Report................................................................................................ 48 2: INFOCRED - Inclusion of Information............................................................................. 55 3: INFOCRED - Cancellation of Transactions in Arrears. ..................................................... 56 4: CR - On Line - Queries. ................................................................................................... 57 47 Uruguay Report Annex 1: LIDECO Complete Report 48 May 2006 Uruguay Report May 2006 49 Uruguay Report 50 May 2006 Uruguay Report May 2006 51 Uruguay Report 52 May 2006 Uruguay Report May 2006 53 Uruguay Report 54 May 2006 Uruguay Report May 2006 Annex 2 : INFOCRED - Inclusion of Information 55 Uruguay Report Annex 3 : INFOCRED - Cancellation of Transactions in Arrears 56 May 2006 Uruguay Report May 2006 Annex 4 : CR - On Line - Queries Debts' name Identification 57 Uruguay Report 58 May 2006 Uruguay Report May 2006 LIST OF ABBREVIATIONS ABPRU Asociación de Bancos Privados de Uruguay Association of Private Banks of Uruguay BCU Banco Central del Uruguay Central Bank of Uruguay BEVSA Bolsa Electrónica de Valores del Uruguay Electronic Securities Exchange of Uruguay BHU Banco Hipotecario de Uruguay Mortgage Bank of Uruguay BROU Banco de la República Oriental de Uruguay Oriental Republic Bank of Uruguay CND Consejo Nacional para el Desarrollo National Development Corporation CR-BCU Central de Riesgo – Banco Central del Uruguay Credit Risk Center – Central Bank of Uruguay DGI Dirección General Impositiva General Tax Authority DNG Dirección Nacional de Registros National Office of Registries DNIC Dirección Nacional de Identificación Civil National Office of Civil Identification FUCAC Federación Uruguaya de Cooperativas de Ahorro y Crédito Uruguayan Federation of Savings & Credit Cooperatives IIF Institución de Intermediación Financiera Financial Intermediary Institution LIDECO Liga de Defensa Comercial Commercial Defense League PIB Producto Interno Bruto Domestic Gross Product PyMEs Pequeñas y Medianas Empresas Small and Medium Enterprises RUC Registro Único de Contribuyentes Taxpayer Registration Number SIIF Superintendencia de Instituciones de Intermediación Financiera Superintendence of Financial Intermediary Institutions 59 Uruguay Report May 2006 NFS Sector No Financiero Non-financial Sector UI Unidad indexada Indexed Unit UR Unidad Reajustable Re-Adjustable Units 60 Uruguay Report May 2006 GLOSSARY Gross credit Value of loans without deducting provisions for non-collection. Commercial centers Trade association organizations in given geographical areas. Basic Regulatory Capital This is the Basic capital set for each class of financial intermediary as a function of its operational specialization. The basic regulatory capital for banks at 31/12/2005 was UI 130 million. 61 ISBN 978-968-5696-02-9