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Contingencies and Commitments
12 Months Ended
Dec. 31, 2018
Contingencies and Commitments  
Contingencies and Commitments

28.  Contingencies and Commitments:

(a)   Commitments accounted for in off-balance-sheet accounts:

In order to satisfy its customers’ needs, the Bank entered into several irrevocable commitments and contingent obligations. Although these obligations are not recognized in the Statement of Financial Position, they entail credit risks and, therefore, form part of the Bank’s overall risk.

 

 

 

 

 

 

 

 

2017

 

2018

 

    

MCh$

    

MCh$

 

 

 

 

 

Off-balance-sheet accounts

 

  

 

  

Foreign office guarantees and standby letters of credit

 

285,035

 

341,676

Confirmed foreign letters of credit

 

64,970

 

56,764

Issued foreign letters of credit

 

94,313

 

388,396

Performance guarantees

 

2,220,828

 

2,232,682

Undrawn credit lines

 

7,240,406

 

7,769,325

Other commitments

 

60,609

 

46,561

 

 

 

 

 

Transactions on behalf of third parties

 

 

 

 

Collections

 

168,353

 

160,367

Third-party resources managed by the Bank:

 

 

 

 

Financial assets managed on behalf of third parties

 

7,121

 

27,334

Other assets managed on behalf of third parties

 

 —

 

 —

Financial assets acquired on its own behalf

 

133,794

 

103,319

 

 

 

 

 

Fiduciary activities

 

 

 

 

Securities held in safe custody in the Bank

 

5,738,873

 

6,930,293

Securities held in safe custody in other entities

 

14,990,439

 

13,783,748

Total

 

31,004,741

 

31,840,465

 

(b)   Financial Guarantees

As of December 31, 2017 and 2018, the expiration of financial guarantees per period is as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2017

 

 

 

 

Due after 1

 

Due after 3

 

 

 

 

 

 

 

 

year but

 

years but

 

 

 

 

 

 

Due within 1

 

within 3

 

within 5

 

Due after 5

 

 

 

 

year

 

years

 

years

 

years

 

Total

 

    

MCh$

    

MCh$

    

MCh$

    

MCh$

    

MCh$

Performance guarantees

 

1,608,314

 

523,597

 

80,623

 

8,294

 

2,220,828

Foreign office guarantees and standby letters of credit

 

218,532

 

66,006

 

280

 

217

 

285,035

Total

 

1,826,846

 

589,603

 

80,903

 

8,511

 

2,505,863

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2018

 

 

 

 

Due after 1

 

Due after 3

 

 

 

 

 

 

 

 

year but

 

years but

 

 

 

 

 

 

Due within 1

 

within 3

 

within 5

 

Due after 5

 

 

 

 

year

 

years

 

years

 

years

 

Total

 

    

MCh$

    

MCh$

    

MCh$

    

MCh$

    

MCh$

Performance guarantees

 

1,537,447

 

574,650

 

96,841

 

23,744

 

2,232,682

Foreign office guarantees and standby letters of credit

 

318,917

 

18,704

 

3,708

 

347

 

341,676

Total

 

1,856,364

 

593,354

 

100,549

 

24,091

 

2,574,358

 

(c)   Lawsuits and legal proceedings:

(c.1) Legal contingencies within the ordinary course of business:

At the date of issuance of these consolidated financial statements, there are legal actions filed against the Bank and its subsidiaries in the ordinary course of business. As of December 31, 2018, the Bank and its subsidiaries maintain provisions for legal contingencies amounting to Ch$204 million (Ch$21,470 million as of December 31, 2017(*)), which are part of the item “Provisions” in the Statement of Financial Position.

The following table presents the estimated date of completion of the respective litigation:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

As of December 31, 2018

 

 

2019

 

2020

 

2021

 

2022

 

Total

 

    

MCh$

    

MCh$

    

MCh$

    

MCh$

    

MCh$

Legal contingencies

 

24

 

180

 

 —

 

 —

 

204


(*)The trial in which the National Consumer Service brought a collective action against Banco de Chile ended by virtue of a conciliation agreement entered into between the parties on June 14, 2018, which was approved by the court by an executed resolution.

(c.2) Contingencies for significant lawsuits:

As of December 31, 2017 and 2018, there are not significant lawsuits that affect or may affect these Consolidated Financial Statements.

(d)   Guarantees granted:

(i)   In subsidiary Banchile Administradora General de Fondos S.A.:

In compliance with article 12 of Law 20,712, Banchile Administradora General de Fondos S.A., has designated Banco de Chile as the representative of the beneficiaries of the guarantees it has established and in that character the Bank has issued bank guarantees totaling UF 2,977,300, maturing January 10, 2019 (UF 2,588,500 maturing January 10, 2018 in December 2017). The subsidiary took a policy with Mapfre Seguros Generales S.A. for the Real State Funds by a guaranteed amount of UF 586,200.

As of December 31, 2017 and 2018 the Bank has no guaranteed mutual funds.

In compliance with the rules established by the Superintendency of Securities and Insurance (“SVS”) (now the Chilean Commission for the Financial Market (“CMF”)) in letter f) of Circular 1,894 of September 24, 2008, the entity has constituted guarantees, by management portfolio, in benefit of investors. Such guarantee corresponds to a bank guarantee for UF 499,800, with a maturity date of January 10, 2019.

(ii)  In subsidiary Banchile Corredores de Bolsa S.A.:

For the purposes of ensuring correct and complete compliance with all of its obligations as a broker-dealer entity, in conformity with the provisions of article 30 and subsequent articles of Law 18,045 on Securities Markets, Banchile Corredores de Bolsa S.A. established a guarantee in an insurance policy for UF 20,000, insured by Mapfre Seguros, that matures on April 22, 2020, whereby the Securities Exchange of the Santiago Stock Exchange was appointed as the subsidiary’s creditors to representative.

The Bank has given the following guarantees in relation to this subsidiary’s business activities:

 

 

 

 

 

 

 

 

2017

 

2018

 

    

MCh$

    

MCh$

Guarantees:

 

  

 

  

Shares to secure short-sale transactions in:

 

  

 

  

Securities Exchange of the Santiago Stock Exchange

 

20,249

 

59,074

Securities Exchange of the Electronic Stock Exchange of Chile

 

29,926

 

17,223

Fixed income securities to ensure system CCLV, Santiago Securities Exchange, Stock Exchange

 

3,995

 

5,976

Shares delivered to ensure equity loan, Chilean Electronic Stock Exchange, Stock Exchange

 

3,864

 

 —

Total

 

58,034

 

82,273

 

In conformity with the internal regulation of the stock exchange in which this subsidiary participates, and for the purpose of securing the broker’s correct performance, the Company established a pledge over 1,000,000 shares of the Santiago Stock Exchange, in favor of that institution, as stated in the Public Deed dated September 13, 1990 before the notary of Santiago Mr. Raul Perry Pefaur, and over 100,000 shares of the Electronic Chilean Stock Exchange, in favor of that Institution, as stated in a contract signed between both entities dated May 16, 1990.

Banchile Corredores de Bolsa S.A. keeps an insurance policy current with Southbridge Compañía de Seguros Generales S.A. that expires January 2, 2019, this considers matters of employee fidelity, physical losses, falsification or adulteration, and currency fraud with a coverage amount equivalent to US$ 10,000,000.

According to disposition of Chilean Central Bank, it provided a bank guarantee corresponding to UF 10,500, with purposes to comply with the requirements of the SOMA contract (Contract for Service of System Open Market Operations) of the Chilean Central Bank. This bank guarantee is readjustable in UF to fixed term, non-endorsable and has a maturity date of July 22, 2019.

It also provided a bank guarantee No. 359886-6 in the amount of UF 242,000 for the benefits of investors in portfolio management contracts. This bank guarantee is revaluated in UF to fixed term, non-endorsable and has a maturity date of January 10, 2019.

It also provided a cash guarantee in the amount of US$122,494.32 for the purpose of complying with the obligations to Pershing, for any operations conducted through that broker.

(iii) In subsidiary Banchile Corredores de Seguros Ltda.

According to established in article No. 58, letter D of D.F.L. 251, as of December 31, 2018 the entity maintains two insurance policies with effect from April 15, 2018 to April 14, 2019 which protect it against of potential damages caused by infractions of the law, regulations and complementary rules that regulate insurance brokers, especially when the non-compliance comes from acts, errors or omissions of the broker, its representatives, agents or dependents that participate in the intermediation.

The policies contracted are the following:

 

 

 

 

Matter insured

    

Amount Insured (UF)

Responsibility for errors and omissions policy

 

60,000

Civil responsibility policy

 

500

 

(f)On January 30, 2014, the SVS (now the CMF) brought administrative charges against Banchile Corredores de Bolsa S.A. for the alleged infringement of the second paragraph of Article 53 of Security Market Law in relation to certain specific transactions performed during the years 2009, 2010 and 2011 related to Sociedad Química y Minera de Chile S.A.’s shares (SQM).  In relation with the preceding, the second paragraph of Article 53 of Security Market Law states that “…no person may engage in transactions or induce or attempt to induce the purchase or sale of securities, whether or not governed by this Act, by means of any misleading or deceptive act, practice, mechanism or artifice….”

On October 30, 2014, the SVS (now the CMF) imposed a fine of UF 50,000 on Banchile Corredores de Bolsa S.A., for violation to de second paragraph of Article 53 of the Securities Market Law in relation to certain transaction of SQM-A’s shares intermediated by the Company in 2011.

Banchile Corredores de Bolsa S.A., filed a claim in the 11th Civil Court of Santiago against Exempt Resolution N°270 of October 30, 2014 of the SVS (now the CMF), requesting the annulment of the fine. This claim was consolidated with the trial due No. 25,795-2014, of the 22nd Civil Court of Santiago. On December 10, 2018, the aforementioned Court summoned the parties to hear the sentence, which to date has not yet been dictated.

According to the provisions policy of Banchile Corredores de Bolsa S.A., the company has not made provisions because in this judicial proceeding no judgment has yet been issued and the Bank’s legal advisors estimate that there are solid grounds for dismissal.