Decreto-Lei n.º 46/2013, de 05 de Abril de 2013
MINISTÉRIO DAS FINANÇAS Decreto-Lei n.º 46/2013 de 5 de abril A presente iniciativa legislativa tem como finalidade atualizar o regime aplicável à ponderação de risco dos créditos que beneficiem de contragarantia do Fundo de Contragarantia Mútuo, para efeitos do cômputo do rácio de solvabilidade das respetivas entidades beneficiárias.
Com efeito, o regime atualmente em vigor determina que as contragarantias prestadas pelo Fundo de Contra- garantia Mútuo sejam ponderadas nos mesmos termos que as garantias prestadas por instituições de crédito da Zona A. Contudo, com a entrada em vigor do Aviso do Banco de Portugal n.º 5/2007, que revogou o Aviso do Banco de Portugal n.º 1/93, deixou de fazer sentido a distinção entre instituições de crédito da Zona A e instituições de crédito da Zona B, para efeitos do cálculo de requisitos de fundos próprios para risco de crédito, pelo que perdeu relevância a citada referência legal.
Acresce que a definição das normas prudenciais rela- tivas às posições em risco é, na generalidade dos casos, da competência regulamentar do Banco de Portugal.
De facto, esta fonte normativa permite uma maior flexibilidade na atualização do fator de ponderação perante qualquer alteração ao nível da regulação destas matérias decorrente, designadamente, de normativos da União Europeia.
Face ao exposto, o presente diploma visa atribuir ao Banco de Portugal competência para regulamentar a pon- deração de risco dos créditos que beneficiem de contraga- rantia do Fundo de Contragarantia Mútuo, para efeitos do cômputo do rácio de solvabilidade das respetivas entidades beneficiárias.
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