About Asset Management and Sale

Under the Bank Savings Protection System in place, the different resolution mechanisms for full service banks may result in Asset management and sale activities, such as those IPAB has engaged in since its creation in 1999.By means of asset management and recovery, IPAB seeks to lower the costs of financial aid provided to credit institutions to protect savers’ deposits.

In accordance with the provisions of Article 5, Item VI, of the Law of Banking Savings Protection, assets are understood as "credits, rights, stocks, and other assets of any kind held or owned by institutions and other corporations in whose capital IPAB participates, under the terms of this Law, as well as any other kind of assets and rights that IPAB may acquire to fulfill its purpose and exercise its functions, except those directly related to its administrative operation".

Global strategies and procedures for Asset management and sale are designed under the premise of obtaining the greatest possible recovery value, for which said procedures are implemented under the most favorable economic and financial terms, invariably seeking the beet possible conditions within the shortest terms for recovery of funds in accordance with the provisions of LPAB Article 61.

In some cases, to obtain a greater recovery value or considering cost-benefit factors, IPAB may entrust processes of Asset recovery sale and management to the supported banks or third party specialists in use of the authority granted to it by LPAB Article 62, provided their management of such processes is overseen and evaluated by IPAB.

Among such processes, Assets are sold by public auction, unless, due to the nature or terms of sale of such assets, the IPAB Governing Board resolves that sales are to be made by public bidding (LPAB Article 64).In any event, the commercial characteristics of such operations, sound banking and commercial practices in use, the location of the assets, and the time and general and particular conditions of the operations must be considered, promoting, without exception, the elements of publicity and operability necessary to guarantee the greatest possible objectivity and accountability.

Assets subject to management and sale by IPAB, under the terms of the Law of Banking Savings Protection, may be grouped as follows:

Beneficiary’s rights;
Loan portfolios (commercial, mortgage, credit card, and consumer);
Real and moveable assets (foreclosed, payment in lieu, or others); and
Stocks and securities.

Article 61

IPAB must manage and sell assets seeking to obtain the highest possible recovery value.To better fulfill the purpose of this Law, IPAB should proceed with all due celerity to sell assets and seek to do so on the most advantageous economic and financial terms possible, always seeking the best possible conditions and the shortest terms for recovery of resources.

Arriba

Article 62

IPAB may opt to entrust asset recovery, sale, and management processes to the banks supported or, as deemed appropriate, to third party specialists, when it helps to obtain a higher recovery value for them or when, considering cost and benefit factors, it proves more advantageous.

IPAB will constantly oversee the performance of banks and third party specialists in relation to the recovery, sale, and management of assets entrusted to them.

For the purposes of the preceding paragraph, banks and third party specialists must provide IPAB with the information necessary to evaluate their performance in the asset recovery, sale, and management processes entrusted to them.

Arriba

Article 64

Assets will be sold by public auction, unless, due to the nature or sale conditions of the specific assets in question, the Governing Board considers that public auction will not allow it to obtain the best possible economic terms, in which case the Governing Board may authorize sales by public bidding under the rules, terms and conditions it may establish.

Sales of shares representing the capital of banks will follow the procedures described in the preceding paragraph, preferably with financial institutions.

In the case of sale of assets which, due to their specific characteristics, do not allow for recovery at appraised value, due to prevailing market conditions, the Governing Board may authorize sale at a lower price if, in its opinion, after considering prevailing financial circumstances, it represents the best means of obtaining the best possible recovery conditions.

Arriba

 
 
 
 
 
   
   
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Instituto para la Protección al Ahorro Bancario
Varsovia 19, Col. Juárez, Delegación Cuauhtémoc, C.P. 06600, Tel. 5209 - 5500, Derechos Reservados IPAB 2007