Member Article

Article 1 of Decree 466 states that the National Guarantee Fund S.A. (hereinafter "NGF") must comply with and accredit a solvency ratio, which is determined based on the technical assets that must have a direct relationship with the risk assumed in its capacity as guarantor. Likewise, the solvency ratio is calculated with the value of the technical assets divided by the sum of the value of the assets and contingencies weighted by risk level plus the balance of the exposure to market risk. In this case, the minimum solvency ratio of the NGF shall be nine percent (9%).

The abovementioned technical assets, according to Article 2 of the said Decree, shall include 1) the subscribed and paid-in capital in shares, 2) the value of the dividends declared in shares, 3) the first in placement of the shares, 4) the legal reserve constituted by appropriations of liquid profits, 5) the retained earnings and other reserves, 6) the profits of the current year, 7) the total value of other comprehensive income (OCI).

With regard to the concepts that will be deducted from the technical assets, in accordance with Article 3, they will be 1) the accumulated losses of previous years and those of the current year, 2) the value of the capital investments which include the investments in bonds compulsorily convertible into shares, in subordinated bonds optionally convertible into shares or in subordinated debt instruments, 3) the net deferred income tax when it is positive, 4) the value of the goodwill or capital gains and of the intangible assets, 45) the unamortized value of the actuarial calculation of the pension liability and 6) the value of the revaluation of assets.

Finally, Article 4 of the Decree establishes the classification and weighting of assets and contingencies. The following categories are taken into considerations:

1. Low risk assets: Assets with low risk are considered to be cash, demand deposits in entities subject to the inspection and vigilance of the Superintendence of Finance of Colombia, investments in title or securities of the Nation, National Central Bank, or issued for compliance with mandatory investments. Additionally, assets with risk under credit exposition in operations with derivative financial instruments are considered when the counterparty is the Nation, National Central Bank or a counterparty central risk chamber.These operations mentioned shall be computed for zero per cent (0%).
2. Medium risk assets: Refer to titles or securities issued by national public entities, term deposits in other credit establishments and operations related to inter-bank funds. In this same category should include net exposures in repurchase agreements or repo operations, simultaneous operations and temporary transfer of securities operations when the counterparty is an entity controlled by the Superintendence of Finance of Colombia. Likewise, the credit exposition in operations with derivative financial instruments provided that the counterparty is an entity controlled by the Superintendence of Finance of Colombia.The abovementioned operations shall be computed for twenty per cent (20%).
3. Contingencies: When the net contingencies for the issuance of guarantees are subject to credit risk against small and medium enterprises, micro enterprises or individuals, they shall be computed for seventy five percent (75%), in other cases they shall be computed for one hundred percent (100%).
4. Assets with high risk and other risk assets: In this case they would be: loan portfolios, account receivables, other voluntary investments, investments in fixed assets, including their valuation, real estate or movable goods received in dation in payment and, deferred assets and others. In this category it also includes the net exposure in repurchase or repo operations, simultaneous operations and temporary transference of securities operations, credit exposure in operations with derivative financial instruments provided that the counterparty is an entity not contemplated in any of the aforementioned categories.

Any of the aforementioned operations shall compute for one hundred per cent (100%).