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LEGAL AND OTHER PROVISIONS
12 Months Ended
Dec. 31, 2019
LEGAL AND OTHER PROVISIONS  
LEGAL AND OTHER PROVISIONS

 

NOTE 23 – LEGAL AND OTHER PROVISIONS

Roll-forward of legal provisions during the years ended on December 31, 2019,  2018 and 2017 are as follows:

 

 

 

 

 

 

 

 

 

 

 

 

    

For Legal

    

Other Provisions

    

Total Provisions

Balance as of December 31, 2016

 

Ps.

155,749

 

Ps.

464,607

 

Ps.

620,356

Provisions increase during the year

 

  

32,670

 

 

222,349

 

  

255,019

Use of provisions

 

  

(15,012)

 

 

(117,643)

 

  

(132,655)

Amounts reversed due to provisions not utilized

 

  

(7,870)

 

 

(42,459)

 

  

(50,329)

Reclassifications

 

  

(184)

 

 

408

 

  

224

Balance as of December 31, 2017

 

Ps.

165,353

 

Ps.

527,262

 

Ps.

692,615

Impact of the adoption of IFRS 9 (1)

 

  

 —

 

 

16,217

 

  

16,217

Balance as of January 01, 2018

 

Ps.

165,353

 

Ps.

543,479

 

Ps.

708,832

Provisions increase during the year

 

  

98,473

 

 

190,686

 

  

289,159

Use of provisions

 

  

(73,086)

 

 

(149,026)

 

  

(222,112)

Amounts reversed due to provisions not utilized

 

  

(64,562)

 

 

(19,852)

 

  

(84,414)

Effect of movements in exchange rates

 

  

(249)

 

 

4,072

 

  

3,823

Balance as of December 31, 2018

 

Ps.

125,929

 

Ps.

569,359

 

Ps.

695,288

Impact of the adoption of IFRS 16 (1)

 

 

 —

 

 

32,107

 

  

32,107

Balance as of January 01, 2019

 

Ps.

125,929

 

Ps.

601,466

 

Ps.

727,395

Provisions increase during the year

 

  

116,627

 

 

177,606

 

  

294,233

Use of provisions

 

  

(34,603)

 

 

(52,296)

 

  

(86,899)

Amounts reversed due to provisions not utilized

 

  

(13,296)

 

 

(51,905)

 

  

(65,201)

Effect of movements in exchange rates

 

  

23

 

 

(909)

 

  

(886)

Balance as of December 31, 2019

 

Ps.

194,680

 

Ps.

673,962

 

Ps.

868,642


(1)

See Notes 2 (2.4 (A and C)).

 

 

 

 

 

 

 

 

 

 

Estimated period of time to be canceled

 

Legal provisions

 

Other provisions

 

Total

Within twelve months

 

Ps.

3,496

 

Ps.

71,966

 

Ps.

75,462

After twelve months

 

 

191,184

 

 

601,996

 

 

793,180

 

Legal provisions:

Administrative proceedings

At December 31, 2019 and 2018 provisions were recorded for administrative proceedings for Ps.18,391 and Ps. 12,296 respectively, by way of claims for administrative or judicial processes of a tax nature, initiated by national and local authorities that establish, in some cases sanctions in which the subsidiaries of Grupo Aval would incur.

Labor proceedings

At December 31, 2019 and 2018 provisions were recorded for labor proceedings for Ps. 38,848 and Ps. 41,618 respectively. Labor proceedings include labor pursuits, indemnities for ex-employees against of several subsidiaries of Grupo Aval. The time expected for resolution is uncertain due to the fact that each proceeding is based on different instances, however, most cases are normally resolved in favor of Grupo Aval.

Other proceedings

At December 31, 2019 and 2018 other legal provisions were recorded for Ps. 137,441 and Ps. 72,015, respectively, being the most representative:

 

·

Provisions were made to cover claims for nullity of affiliations to the Porvenir´s for Ps. 105,118 and Ps. 20,937, respectively.

 

·

Litigation against Compañía Hotelera Cartagena de Indias for Ps. 24,815 for both periods, due to a legal action which pursued ordering the hotel to restitute an area of 37,018 square meters back to the State, on the basis that alleged improper transfer of land destined for the public use.  

Other provisions:

At December 31, 2019 and 2018 other provisions recorded amounting Ps. 673,962 and Ps. 569,359, respectively, are mainly comprised by:

 

·

Provisions of Corficolombiana affiliates for Ps. 259,185 and Ps. 242,446, respectively, associated with the maintenance, restoration and rehabilitation of constructions and buildings, professional fees relating to development of concession contracts.

 

·

Provision of Porvenir´s subsidiary for Ps. 233,128 and Ps. 206,786 respectively, where the main provision balance corresponds to the undercapitalized accounts, these are individual accounts called "Fondo de Pensiones Obligatorias Especial Porvenir de Retiro Programado", which according to actuarial projections do not have the required balance to achieve minimum pension payment.

 

·

Provisions of several subsidiaries of Grupo Aval for Ps. 85,385 and Ps. 46,868, respectively, corresponding to the dismantling of ATMs and offices.

 

·

Provisions for Ps. 49,962 and Ps. 59,428 respectively, for provisions of losses on loan commitments (see note 4.1.5 Loan commitments and financial guarantee contracts)