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Contingencies and Commitments
12 Months Ended
Dec. 31, 2021
Disclosure of commitments and contingent liabilities [text block] [Abstract]  
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.

 

   2020   2021 
   MCh$   MCh$ 
         
Off-balance-sheet accounts        
Warranty by endorsement and sureties   224,079    439,669 
Confirmed foreign letters of credit   58,299    91,270 
Issued foreign letters of credit   343,663    358,755 
Performance guarantees   2,214,370    2,366,953 
Undrawn credit lines   7,650,382    8,651,193 
Other commitments   107,707    78,951 
           
Transactions on behalf of third parties          
Collections   157,671    152,297 
Third-party resources managed by the Bank:          
Financial assets managed on behalf of third parties   16,024    9,676 
Other assets managed on behalf of third parties   
    
 
Financial assets acquired on its own behalf   80,788    107,210 
           
Fiduciary activities          
Securities held in safe custody in the Bank   2,023,313    2,459,854 
Securities held in safe custody in other entities   18,467,801    17,833,361 
Total   31,344,097    32,549,189 

 

(b)Lawsuits and legal proceedings:

 

(b.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, 2021, the Bank and its subsidiaries maintain provisions for legal contingencies amounting to Ch$474 million (Ch$244 million as of December 31, 2020), 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, 2021 
   2022   2023   2024   2025   2026   Total 
   MCh$   MCh$   MCh$   MCh$   MCh$   MCh$ 
Legal contingencies   29    295    150    
    
    474 

 

(b.2) Contingencies for significant lawsuits:

 

As of December 31, 2020 and 2021, there are not significant lawsuits that affect or may affect these Consolidated Financial Statements.

 

(c)Guarantees granted:

 

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

 

In compliance with article 12 of Law No. 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 4,149,200, maturing January 7, 2022 (UF 3,778,100, maturing on January 8, 2021 as of December 2020). The subsidiary took a policy with Mapfre Seguros Generales S.A. for the Real State Funds by a guaranteed amount of UF 839,700.

 

As of December 31, 2020 and 2021 the Bank had no guaranteed mutual funds.

 

(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 No. 18,045 on Securities Markets, the subsidiary established a guarantee in an insurance policy for UF 20,000, insured by Mapfre Seguros Generales S.A., that matures on April 22, 2022, whereby the Securities Exchange of the Santiago Stock Exchange was appointed as the subsidiary’s creditors representative.

 

   2020   2021 
   MCh$   MCh$ 
Guarantees:        
Shares delivered to cover simultaneous forward sales transactions:        
Santiago Securities Exchange, Stock Exchange   47,684    38,279 
Electronic Chilean Securities Exchange, Stock Exchange   20,227    12,839 
           
Fixed income securities to guarantee CCLV system:          
Santiago Securities Exchange, Stock Exchange   10,000    9,990 
Fixed income securities to guarantee equity lending:          
Santiago Securities Exchange, Stock Exchange   
    2,344 
Shares delivered to guarantee equity lending and short-selling:          
Santiago Securities Exchange, Stock Exchange   2,858    
 
Total   80,769    63,452 

 

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

 

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 Chubb Seguros Chile S.A. that expires May 2, 2022, this considers matters of employee fidelity, physical losses, falsification or adulteration, and currency fraud with a coverage amount equivalent to US$20,000,000.

 

It also provided a bank guarantee in the amount of UF 286,600 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 7, 2022.

 

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.

 

The Company has issued a guarantee ticket No. 722852-3 corresponding to UF 500, to guarantee of its commitment to the offer presented in the fixed income bidding process. Beneficiary: Security Mutual of the Chilean Chamber of Construction Rut.70.285.100-9, valid until March 15, 2022.

 

(iii)In subsidiary Banchile Corredores de Seguros Ltda.

 

According to established in article 58, letter D of D.F.L. 251, as of December 31, 2021 the entity maintains two insurance policies with effect from April 15, 2021 to April 14, 2022 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) 
Errors and omissions liability policy   60,000 
Civil responsibility policy   500 

 

(d)By Exempt Resolution No. 270 dated October 30, 2014, the Superintendency of Securities and Insurance (current Commission for the Financial Market) imposed a fine of UF 50,000 to Banchile Corredores de Bolsa S.A. for violations of the second paragraph of article 53 of the Securities Market Law, said company filed a claim with the competent Civil Court requesting the annulment of the fine. On December 10, 2019, a judgement in the case was issued reducing the fine to the amount of UF 7,500. The judgment indicated has been subject to cassation appeals filed by both parties, which are pending before the Illustrious Court of Appeals of Santiago.

 

The company has not made provisions considering that the Bank’s legal advisors in charge of the procedure estimate that there are solid grounds that the claim filed by Banchile Corredores de Bolsa S.A. can be accepted.