XML 61 R35.htm IDEA: XBRL DOCUMENT v3.24.1.u1
Contingencies and Commitments
12 Months Ended
Dec. 31, 2023
Contingencies and Commitments [Abstract]  
Contingencies and Commitments
28.Contingencies and Commitments:

 

(a)The Bank and its subsidiaries have exposures associated with contingent loans and other liabilities according to the following detail:

 

(a.1) Contingent loans:

 

   2023   2022 
   MCh$   MCh$ 
Guarantees and sureties        
Guarantees and sureties in chilean currency        
Guarantees and sureties in foreign currency   351,531    348,774 
           
Letters of credit for goods circulation operations   350,604    424,195 
           
Debt purchase commitments in local currency abroad        
           
Transactions related to contingent events          
Transactions related to contingent events in chilean currency   2,209,109    2,230,917 
Transactions related to contingent events in foreign currency   431,188    466,691 
           
Undrawn credit lines with immediate termination          
Balance of lines of credit and agreed overdraft in current account — commercial loans   1,581,711    1,396,659 
Balance of lines of credit on credit card — commercial loans   317,560    290,950 
Balance of lines of credit and agreed overdraft in current account — consumer loans   1,476,241    1,457,303 
Balance of lines of credit on credit card — consumer loans   6,708,946    6,202,951 
Balance of lines of credit and agreed overdraft in current account — due from banks loans        
           
Undrawn credit lines        
           
Other commitments          
Credits for higher studies Law No. 20,027 (CAE)        
Other irrevocable credit commitments   120,545    72,355 
           
Other credit commitments        
           
Total   13,547,435    12,890,795 

 

(a.2) Responsibilities assumed to meet customer needs:

 

   2023   2022 
   MCh$   MCh$ 
Transactions on behalf of third parties        
Collections   176,146    174,238 
Placement or sale of financial instruments        
Transferred financial assets managed by the bank        
Third-party resources managed by the bank   921,105    766,706 
Subtotal   1,097,251    940,944 
           
Securities custody          
Securities safekept by a banking subsidiary   6,267,729    5,593,924 
Securities safekept by the Bank   3,133,770    3,646,536 
Securities safekept deposited in another entity   17,238,292    14,855,338 
Securities issued by the bank        
Subtotal   26,639,791    24,095,798 
           
Total   27,737,042    25,036,742 

 

(b)Lawsuits and legal proceedings:

 

(b.1) Normal judicial contingencies in the industry:

 

At the date of issuance of these Consolidated Financial Statements, there are legal actions filed against the Bank related with the ordinary course operations. As of December 31, 2023, the Bank maintain provisions for judicial contingencies amounting to Ch$1,173 million (Ch$1,790 million as of December 2022), which are part of the item “Provisions for contingencies” in the Statement of Financial Position.

 

The estimated end dates of the respective legal contingencies are as follows:

 

   As of December 31, 2023 
   2024   2025   2026   2027   Total 
   MCh$   MCh$   MCh$   MCh$   MCh$ 
Legal contingencies   882    291            1,173 

 

(b.2) Contingencies for significant lawsuits:

 

As of December 31, 2023 and 2022, there are not significant lawsuits in court that affect or may affect these Consolidated Financial Statements.

 

(c)Guarantees granted by operations:

 

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

 

In compliance with Article No, 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 such role the Bank has issued bank guarantees totaling UF 3,284,000 maturing January 5, 2024 (UF 4,153,500, maturing on January 6, 2023). The subsidiary took a policy with Mapfre Seguros Generales S.A. for the Real State Funds by a guaranteed amount of UF 915,300.

 

As of December 31, 2023 and 2022, the Bank has not 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 broker-dealer entity, in conformity with the provisions from Article 30 and subsequent 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 April 22, 2024, whereby the Securities Exchange of the Santiago Stock Exchange was appointed as the subsidiary’s creditor representative.

 

   2023   2022 
Guarantees:  MCh$   MCh$ 
Shares delivered to guarantee forward sales transactions covered simultaneously:        
Santiago Securities Exchange, Stock Exchange   17,070    15,840 
Electronic Chilean Securities Exchange, Stock Exchange   11,432    10,323 
           
Fixed income securities to guarantee CCLV system   7,820    9,983 
Fixed income securities as collateral for the Santiago Stock Exchange   2,142     
           
Fixed Income securities to guarantee equity short sale and Hedging Loan:          
Santiago Securities Exchange, Stock Exchange        
           
Shares delivered to guarantee equity lending and short-selling:          
Santiago Securities Exchange, Stock Exchange   2,350    7,992 
           
Cash guarantees received for operations with derivatives   1,062    743 
Cash guarantees for operations with derivatives   6,142    1,443 
           
Equity securities received for operations with derivatives          
Electronic Chilean Securities Exchange, Stock Exchange   189    273 
Depósito Central de Valores S.A.   276    1,363 
           
Financial intermediation securities received for operations with derivatives          
Internal custody       238 
           
Total   48,483    48,198 

 

In conformity with the internal regulation of the stock exchanges in which it participates, and for the purpose of ensuring its proper performance, the Company maintains in favor of the Santiago Stock Exchange a guarantee in fixed income financial instruments equivalent to Ch$2,142 million. It also maintains a pledge in favor of the Electronic Stock Exchange for three hundred thousand shares of said institution.

 

Banchile Corredores de Bolsa S.A. keeps an insurance policy current with Chubb Seguros Chile S.A. that expires June 30, 2024, 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 311,400 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 8, 2024.

 

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, additionally, there are US$1,202,005.26 for short sale operations.

 

A guarantee corresponding to UF 10,000 has been constituted, to guarantee compliance with the fund's investment portfolio management service contract. Said guarantee corresponds to a non-endorsable fixed-term readjustable bond in UF issued by Banco de Chile with validity until January 27, 2026.

 

(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, 2023 the entity maintains two insurance policies with effect from April 15, 2023 to April 14, 2024 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:

 

Matter insured  Amount Insured (UF) 
     
Errors and omissions liability policy   500 
Civil responsibility policy   60,000 

 

(d)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. On August 21, 2023, the hearing of the case took place, which is currently in agreement.

 

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.