0000894579-16-000201.txt : 20160211 0000894579-16-000201.hdr.sgml : 20160211 20160211151335 ACCESSION NUMBER: 0000894579-16-000201 CONFORMED SUBMISSION TYPE: 6-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20160209 FILED AS OF DATE: 20160211 DATE AS OF CHANGE: 20160211 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CORPBANCA/FI CENTRAL INDEX KEY: 0001276671 STANDARD INDUSTRIAL CLASSIFICATION: COMMERCIAL BANKS, NEC [6029] IRS NUMBER: 000000000 STATE OF INCORPORATION: F3 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 6-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-32305 FILM NUMBER: 161411261 BUSINESS ADDRESS: STREET 1: ROSARIO NORTE 660 CITY: LAS CONDES SANTIAGO STATE: F3 ZIP: 00000 BUSINESS PHONE: 56 (2) 687-8000 MAIL ADDRESS: STREET 1: ROSARIO NORTE 660 CITY: LAS CONDES SANTIAGO STATE: F3 ZIP: 00000 6-K 1 cb6kmev021116.htm FORM 6-K
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

_________________________

FORM 6-K

REPORT OF FOREIGN ISSUER
PURSUANT TO RULE 13a-16 OR 15d-16 OF THE
SECURITIES EXCHANGE ACT OF 1934

For the month of February 2016

(Commission File No. 001-32305)

_________________________

CORPBANCA
(Translation of registrant's name into English)

_________________________

Rosario Norte 660
Las Condes
Santiago, Chile
(Address of registrant's principal executive office)

_________________________

 

Indicate by check mark whether the registrant files or will file annual reports under cover Form 20-F or Form 40-F.
 
Form 20-F  [X]
  Form 40-F [     ]

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101 (b) (1):
 
Yes [     ]
  No [X]

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101 (b) (7):
 
Yes [     ]
  No [X]

Indicate by check mark whether the registrant by furnishing the information contained in this Form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.
 
Yes [     ]
  No [X]

 

 



On February 9, 2016, CorpBanca filed a material event notice with the Chilean Superintendency of Securities and Insurance, which English translation is attached hereto as Exhibit 99.1.

 


SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereto duly authorized.
 
 
 
CORPBANCA
 
(Registrant)
 
 
 
 
 
By:
/s/ Cristián Canales
   
 
Name:
 Cristián Canales
 
Title:
 Legal & Control Corporate Director
 
Date: February 11, 2016




EXHIBIT INDEX

Exhibit
 
Description
 
99.1
 
Material event notice dated February 9, 2016.


EX-99.1 2 cb6kmevexh021116.htm MATERIAL EVENT NOTICE
 
Exhibit 99.1

Santiago, February 9, 2016



Mr.
Carlos Pavez Tolosa
Superintendent
Superintendency of Securities and Insurance


Ref.:            MATERIAL EVENT NOTICE
___________________________________________________________________

For your information,

In accordance with the provisions set forth in articles 9 and 10 of Law 18,045 on Securities Markets, and Chapter 18-10 of the compilations of norms of the Superintendency of Banks and Financial Institutions ("SBIF"), we notify you of the following MATERIAL EVENT:

In an extraordinary meeting held today, February 9, CorpBanca's board of directors agreed to rectify 2015 financial statements pursuant to the specific instructions of the SBIF. In particular, the SBIF requested CorpBanca to change the accounting treatment given to the fines imposed by the SBIF pursuant to letter No. 16,191 dated as of December 30, 2015.

As previously informed in a Material Event Notice filed on January 4, 2016, the SBIF imposed several fines on CorpBanca for an aggregate amount equal to Ch$21,764,507,494. The SBIF also required that the amount of the penalties be reflected in CorpBanca's 2015 financial statements.

As announced in the Material Event Notice mentioned above, on January 18 CorpBanca filed an appeal with the Santiago Court of Appeals requesting the rescission of the fine imposed by the SBIF pursuant to the provisions of the General Banking Act. CorpBanca is convinced that the fines were wrongfully imposed, according to the applicable laws and regulations. In addition, in compliance with the SBIF's instruction, CorpBanca recognized the fines in its financial statements for the year ended December 31, 2015 without affecting the bank's results, as informed in the Material Event Notice mentioned above.

Notwithstanding the aforementioned, on February 8, 2016, the SBIF issued letter No. 1,893 by which it instructed CorpBanca to amend its  financial statements for the year ended December 31, 2015 "so that the fines herein referred are recognized as an expense in the  2015 results and, at the same time, to not register any kind of income associated with the accounting of the fines, that may have the effect of offsetting –in whole or in part– the impact of the fines in the bank's results".

The board of directors considers that it is its duty to express its absolute conviction that the original accounting treatment –determined by CorpBanca's management and endorsed by our external auditors as reflected in its financial statements submitted to the SBIF and published by the regulator on January 29– is correct pursuant to the International Financial Reporting Standards (or "IFRS") and to the International Accounting Standards (or "IAS"). Both IFRS and IAS are applicable to Chilean banks pursuant to the Compendium of Accounting Norms of the SBIF to the extent that there are not specific regulations of the SBIF.

In connection with the above, the bank's and its board of directors' concern is, and has always been, to safeguard our shareholders' interests, and to maintain correct accounting standards and record keeping policies. The bank has informed the SBIF that the result of not complying with IFRS and IAS with respect to the treatment of the fines in its financial statements for the year ended December 31, 2015 could limit the current shareholders' recovery of damages in the event that CorpBanca recovers the amounts paid as a result of a favorable ruling by the Santiago Court of Appeals.  As a result of CorpBanca's compliance with the SBIF's new requirements with respect to the accounting treatment of the fines, our 2015 distributable earnings will be negatively impacted. In the event that CorpBanca recovers any amounts, the participation of our current shareholders in the bank will be diluted because of the consummation of the merger with Banco Itaú Chile.

Notwithstanding the aforementioned and considering the SBIF's directive, the board of directors has no other option than to comply with the requirements of the SBIF. Consequently, within the time-frame imposed by the SBIF (that expires on February 11), we will send to the SBIF the files MP1, MR1, MP2 and MR2 amended in order to account for the Ch$21,764,507,494 as an expense against our results.

Sincerely yours,
 
 
 
Fernando Massú Taré
Chief Executive Officer