SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA
OFFICE OF THE RECTOR-PRESIDENT
INDIGENOUS BANK OF XARAGUA — XARABANK
BUREAU OF INDIGENOUS CREDIT, HOUSING FINANCE, AND SECURED OBLIGATIONS
SUPREME CONSOLIDATED FINANCIAL STATUTE ESTABLISHING THE THREE-WINDOW SYSTEM OF INDIGENOUS HOUSING CREDIT, INDIGENOUS MICROCREDIT, AND ENTERPRISE FINANCE
Date of Original Promulgation: May 19, 2025
Date of Consolidated Promulgation: September 1, 2026
Issuing Authority: Office of the Rector-President
Executing Institution: Indigenous Bank of Xaragua — XaraBank
Competent Administrative Authority: Governor of XaraBank
Specialized Administrative Authority: Bureau of Indigenous Credit, Housing Finance, and Secured Obligations
Jurisdiction: Internal, Institutional, Financial, Contractual, Territorial, Digital, Fiduciary, and Cross-Border Operations Administered by XaraBank
Official Classification: Supreme Internal Financial Statute — Indigenous Development-Credit Instrument — Three-Window Banking Architecture — Housing-Finance Regulation — Microcredit Regulation — Enterprise-Finance Regulation — Private-Capital Administration Framework — Secured-Obligations Code — Binding Institutional Law
Institutional Status: Permanently Applicable Subject to Lawful Amendment, Financial Capacity, Contractual Rights, and Applicable Mandatory Law
Currency of Institutional Account: Viaud’or — VDO
PREAMBLE
BY THE CONSTITUTIONAL AND FINANCIAL AUTHORITY OF THE SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA;
BY THE SUPREME EXECUTIVE AUTHORITY OF THE OFFICE OF THE RECTOR-PRESIDENT;
FOR THE ESTABLISHMENT OF A DISCIPLINED, SOLVENT, TRANSPARENT, INTERNALLY ADMINISTERED, AND DEVELOPMENT-ORIENTED INDIGENOUS CREDIT SYSTEM;
FOR THE FINANCING OF MINI-HOUSES, ESSENTIAL RESIDENTIAL INFRASTRUCTURE, FAMILY PRODUCTIVE ACTIVITY, AGRICULTURAL PRODUCTION, ARTISANAL ENTERPRISES, MICROENTERPRISES, COOPERATIVES, AND SMALL AND MEDIUM-SIZED ENTERPRISES;
FOR THE INSTITUTIONAL SEPARATION OF SOCIAL HOUSING FINANCE, INDIGENOUS MICROCREDIT, AND COMMERCIAL ENTERPRISE FINANCE;
FOR THE PROTECTION OF BORROWERS, GUARANTORS, CAPITAL PROVIDERS, PROGRAM RESERVES, RESTRICTED FUNDS, COLLATERAL, CONTRACTUAL CLAIMS, AND THE FINANCIAL CONTINUITY OF XARABANK;
FOR THE EXERCISE OF INDIGENOUS ECONOMIC AUTONOMY WITHOUT AUTOMATIC SUBORDINATION TO EXTERNAL COMMERCIAL CREDIT-SCORING SYSTEMS;
FOR THE ESTABLISHMENT OF INTERNAL UNDERWRITING, PROPORTIONAL SECURITY, CAPITAL SEGREGATION, CONTROLLED DISBURSEMENT, CONTRACTUAL DISCLOSURE, PORTFOLIO SUPERVISION, AND LEGALLY EXECUTABLE RECOVERY PROCEDURES;
THE PRESENT STATUTE IS HEREBY PROMULGATED AS THE EXCLUSIVE CONSOLIDATED INTERNAL FRAMEWORK GOVERNING INDIGENOUS CREDIT OPERATIONS ADMINISTERED BY XARABANK.
PRELIMINARY TITLE
LEGAL DEFINITIONS, INSTITUTIONAL SCOPE, AND BINDING EFFECT
Article 1 — Purpose and Normative Effect
This Statute establishes the complete institutional, financial, contractual, fiduciary, administrative, accounting, security, recovery, and cross-border framework applicable to credit issued, funded, guaranteed, registered, serviced, or administered by XaraBank.
This Statute constitutes binding internal law for every organ, officer, committee, employee, agent, affiliate, contractor, borrower, guarantor, capital provider, and participating institution operating within a XaraBank credit program.
No credit product may be represented as an official XaraBank product unless it has been constituted, funded, documented, registered, and administered in accordance with this Statute and its implementing regulations.
No political declaration, honorary title, institutional relationship, customary affiliation, ecclesiastical position, or administrative communication shall replace the written credit agreement required under this Statute.
Article 2 — Institutional Definitions
For the purposes of this Statute:
“Bank” or “XaraBank” means the Indigenous Bank of Xaragua.
“Bureau” means the Bureau of Indigenous Credit, Housing Finance, and Secured Obligations.
“Credit Window” means one of the three financially and administratively separated credit regimes established under Title III.
“Beneficiary” means a person or juridical body approved to receive financing under a Credit Window.
“Borrower” means a beneficiary bound by an executed repayment obligation.
“Capital Provider” means a person or institution that provides capital to XaraBank under a numbered and registered capital agreement.
“Customary Contribution” means the single, disclosed, non-compounding contribution payable to the Indigenous Development Fund under an interest-free credit program.
“Commercial Return” means a contractually established financial return applicable exclusively to a commercial financing agreement or capital-provider agreement and not to an interest-free Indigenous Credit agreement.
“Guarantee” means a personal, communal, institutional, fiduciary, possessory, contractual, or proprietary mechanism securing performance of an obligation.
“Collateral” means an identified asset, right, receivable, deposit, or property interest legally capable of securing an obligation.
“Restricted Capital” means capital legally or contractually assigned to a designated Credit Window, portfolio, program, beneficiary class, or authorized purpose.
“Sovereign Credit Dossier” means the complete administrative and financial file required for credit evaluation and authorization.
“Internal Credit Register” means the official institutional system recording applications, approvals, agreements, guarantees, disbursements, payments, arrears, restructuring measures, and discharged obligations.
“Viaud’or” or “VDO” means the internal currency or unit of account designated by XaraBank for institutional accounting and eligible contractual operations.
Article 3 — Scope of Application
This Statute applies to:
a. Mini-house and residential-infrastructure financing;
b. Microcredit and family-enterprise financing;
c. Agricultural, artisanal, cooperative, and professional credit;
d. SME and enterprise financing;
e. Revolving credit margins;
f. Private-capital participation;
g. Guarantees and secured obligations;
h. Restructuring and recovery;
i. Digital credit administration;
j. Cross-border credit and capital agreements.
This Statute does not authorize the acceptance of deposits, public solicitation of investment, issuance of securities, payment services, foreign-exchange activity, or any regulated external financial operation unless separately authorized under the competent legal framework applicable to that activity.
Every externally performed financial operation shall remain subject to the mandatory requirements applicable in the jurisdiction where the operation, account, asset, contracting party, or enforcement measure is legally situated.
TITLE I
INSTITUTIONAL CONSTITUTION AND ADMINISTRATIVE AUTHORITY
Article 4 — Constitution of the Bureau
The Bureau is hereby constituted as the permanent specialized authority of XaraBank for the administration of Indigenous Credit, housing finance, microcredit, enterprise finance, private-capital participation, guarantees, portfolio control, restructuring, and recovery.
The Bureau shall exercise exclusive internal administrative competence over:
a. Registration and classification of applications;
b. Verification of eligibility;
c. Credit underwriting;
d. Program assignment;
e. Guarantee valuation and registration;
f. Preparation and execution of credit agreements;
g. Authorization and control of disbursements;
h. Monitoring of financed projects;
i. Payment administration;
j. Arrears management;
k. Restructuring;
l. Enforcement of security;
m. Private-capital administration;
n. Portfolio accounting and reporting.
Article 5 — Administrative Structure
The Bureau shall operate through the following permanent divisions:
Housing Credit Directorate;
Indigenous Microcredit Directorate;
Enterprise Finance Directorate;
Credit Underwriting and Fiduciary Review Directorate;
Collateral Valuation and Secured Obligations Directorate;
Private Capital and Restricted Funds Directorate;
Portfolio Supervision, Restructuring, and Recovery Directorate;
Financial Records, Data Protection, and Institutional Audit Directorate.
Article 6 — Competent Authorities
The Rector-President shall exercise supreme constitutional and policy authority over the general financial orientation of XaraBank.
The Governor of XaraBank shall exercise executive and administrative authority over implementation of this Statute.
The Director of the Bureau shall supervise credit operations and ensure institutional compliance.
The Internal Credit and Fiduciary Review Committee shall decide applications within delegated limits.
Transactions exceeding delegated limits, involving related parties, or creating exceptional portfolio exposure shall require enhanced authorization prescribed by implementing regulation.
No authority may direct approval of a credit operation contrary to underwriting requirements, available liquidity, capital restrictions, conflict-of-interest rules, or applicable mandatory law.
TITLE II
GOVERNING FINANCIAL PRINCIPLES
Article 7 — Fundamental Principles
Every operation governed by this Statute shall comply with the following binding principles:
Institutional solvency;
Preservation of capital;
Segregation of restricted funds;
Proportionality of financing;
Verified repayment capacity;
Adequacy and enforceability of guarantees;
Written disclosure of every charge;
Prohibition of undisclosed or retroactive fees;
Prevention of fraud and misappropriation;
Controlled portfolio concentration;
Protection of confidential financial information;
Documentary traceability;
Equal application of established eligibility standards;
Separation between institutional status and creditworthiness;
Compliance with governing contracts and applicable mandatory law.
Article 8 — Indigenous Credit Autonomy
XaraBank shall maintain an autonomous internal credit-assessment system.
No applicant shall be automatically required to possess or submit a commercial credit score issued by Equifax, TransUnion, Experian, or an equivalent external agency.
Absence of an external credit history shall not independently constitute a ground for refusal.
XaraBank shall nevertheless verify, through proportionate and documented procedures:
a. Identity;
b. Legal capacity;
c. Income or productive revenue;
d. Existing material obligations;
e. Repayment capacity;
f. Contractual history;
g. Business activity;
h. Ownership and value of guarantees;
i. Material fraud or insolvency indicators.
External credit information may be consulted only with lawful authority where:
a. The applicant has provided informed written consent;
b. The information is materially relevant to a cross-border transaction;
c. A participating capital provider lawfully requires the information;
d. Applicable mandatory law requires consultation or disclosure.
Article 9 — Prohibition of Automatic Entitlement
Citizenship, permanent residence, e-residence, institutional membership, ancestry, ecclesiastical position, public office, honorary rank, political status, or personal relationship shall not create an automatic entitlement to credit.
Every disbursement shall remain conditional upon:
a. Available program capital;
b. Complete documentation;
c. Positive underwriting;
d. Valid authorization;
e. Sufficient security or approved alternative risk protection;
f. Execution of the required contractual instruments.
Credit administered under this Statute is repayable institutional capital and shall not be classified as an unconditional grant unless expressly constituted as such under a separate instrument.
TITLE III
SUPREME THREE-WINDOW CREDIT ARCHITECTURE
Article 10 — Establishment of the Three Credit Windows
The official credit system of XaraBank shall consist exclusively of the following three operational windows:
WINDOW I — INDIGENOUS HOUSING CREDIT;
WINDOW II — INDIGENOUS MICROCREDIT AND XARAGUA CREDIT MARGIN;
WINDOW III — XARABANK ENTERPRISE FINANCE.
Each Credit Window shall constitute a separate administrative portfolio with distinct purposes, beneficiary classes, funding sources, financial conditions, risk limits, reserves, accounting records, and contractual instruments.
Article 11 — Mandatory Separation of Portfolios
Capital assigned to one Credit Window shall not be treated as unrestricted capital of another Credit Window.
Every Credit Window shall maintain:
a. A separate portfolio code;
b. A separate capital ledger;
c. A separate reserve account;
d. Separate receivable records;
e. Separate arrears and loss records;
f. Separate income and expenditure reporting;
g. Separate performance statistics.
No transfer of restricted capital between Credit Windows shall occur without:
a. Written authority under the original funding instrument;
b. Approval of the Governor of XaraBank;
c. Confirmation that the transfer will not impair existing beneficiaries or capital providers;
d. Recording in the National Register of Financial Commitments.
Housing funds shall not be used to finance commercial enterprise losses, investor returns, or unrelated institutional expenditure.
Microcredit reserves shall not be used to guarantee enterprise-finance obligations unless expressly authorized by the governing fund instrument.
Article 12 — Window I: Indigenous Housing Credit
Window I is established as the social and territorial housing-finance mechanism of XaraBank.
Window I shall finance:
a. Construction of mini-houses;
b. Acquisition of approved mini-houses;
c. Completion or rehabilitation of incomplete dwellings;
d. Structural repairs;
e. Water, sanitation, drainage, energy, and essential residential infrastructure;
f. Approved community housing developments;
g. Productive residential improvements directly supporting family stability.
Window I financing shall be issued without contractual interest to the beneficiary.
Window I may impose one non-compounding customary contribution calculated once upon the original financed amount and not exceeding the maximum established under Article 24.
Window I shall be financed primarily through:
a. Institutional housing allocations;
b. Contributions and endowments;
c. Faith-based and charitable capital;
d. Concessionary private capital;
e. Housing-development funds;
f. Repaid housing principal;
g. Publicly or privately sponsored housing programs lawfully accepted by XaraBank.
Window I shall not promise a commercial return to a capital provider unless a separate and identified source of payment has been legally assigned to that return.
Construction financing shall ordinarily be released by verified stages or paid directly to approved suppliers, builders, or service providers.
Article 13 — Window II: Indigenous Microcredit and Xaragua Credit Margin
Window II is established as the small-scale productive-credit mechanism of XaraBank.
Window II shall finance:
a. Family enterprises;
b. Agricultural production;
c. Fishing and food-processing activity;
d. Artisanal production;
e. Professional tools;
f. Small commercial inventory;
g. Cooperative activity;
h. Self-employment;
i. Essential business technology;
j. Verified emergency productive expenditure.
Window II shall administer the Xaragua Credit Margin, abbreviated “XCM,” as the official revolving microcredit facility.
Window II financing shall ordinarily be interest-free and may impose one non-compounding customary contribution.
Window II may rely upon proportionate non-asset security mechanisms, including:
a. Income assignment;
b. Family guarantee;
c. Group guarantee;
d. Cooperative guarantee;
e. Purchase-order financing;
f. Controlled disbursement;
g. Progressive credit limits;
h. Assignment of verified receivables.
Window II shall be financed through:
a. Microcredit allocations;
b. Cooperative capital pools;
c. Indigenous Development Fund allocations;
d. Concessionary private capital;
e. Repaid microcredit principal;
f. Customary contributions assigned to microcredit operations;
g. Program-specific endowments.
Article 14 — Window III: XaraBank Enterprise Finance
Window III is established as the commercial and development-finance mechanism for small and medium-sized enterprises, cooperatives of commercial scale, institutional ventures, infrastructure projects, and other approved productive undertakings.
Window III may finance:
a. Equipment acquisition;
b. Productive infrastructure;
c. Commercial inventory;
d. Working capital;
e. Expansion of established enterprises;
f. Agricultural processing;
g. Manufacturing;
h. Transportation and logistics;
i. Digital infrastructure;
j. Employment-generating institutional projects.
Window III may issue:
a. Secured term financing;
b. Commercial credit lines;
c. Equipment financing;
d. Revenue-based financing;
e. Purchase-order financing;
f. Contractually structured participation financing;
g. Other approved enterprise instruments.
Window III financing may carry a disclosed simple contractual return, fixed charge, or other lawful commercial consideration established before execution.
No commercial return shall be compounded unless expressly authorized under a separate regulation and clearly disclosed in the executed agreement.
Window III shall maintain complete financial separation from the interest-free housing and microcredit portfolios.
Enterprise borrowers shall not represent Window III financing as interest-free Indigenous Credit unless the specific agreement has been formally issued under an approved interest-free enterprise program.
Article 15 — Prohibition of Cross-Subsidization Without Authority
No officer shall use Window I or Window II capital to satisfy a commercial return owed under Window III.
No loss arising from an enterprise-finance portfolio shall be charged to a housing or microcredit reserve without prior legal authorization from the governing fund instrument and written approval of the competent authorities.
Administrative services shared by the three Credit Windows shall be allocated through a documented cost-allocation method.
Every annual financial statement shall disclose internal transfers, shared expenses, reserve movements, arrears, write-downs, and realized losses by Credit Window.
TITLE IV
ELIGIBILITY, PRIORITY, AND EXCLUDED USES
Article 16 — Eligible Applicants
Subject to the requirements of the applicable Credit Window, financing may be granted to:
Citizens of Xaragua;
Permanent residents registered by Xaragua;
Registered e-residents conducting an approved economic or institutional activity;
Families and household units admitted to a housing program;
Farmers, fishers, artisans, professionals, and self-employed persons;
Cooperatives and community associations;
Parishes, foundations, educational bodies, and recognized juridical persons;
Microenterprises and SMEs;
Approved institutional and territorial-development projects.
Article 17 — Priority Classification
Priority may be assigned according to:
Essential housing need;
Project readiness;
Demonstrated repayment capacity;
Employment creation;
Food production;
Territorial stabilization;
Family self-sufficiency;
Economic continuity;
Community benefit;
Availability of program-specific capital;
Adequacy of guarantees;
Previous satisfactory performance with XaraBank.
Article 18 — Excluded Transactions
Financing shall not be authorized for:
Fictitious, unverifiable, or materially misleading projects;
Unapproved speculative activity;
Activities prohibited by applicable law;
Personal diversion of restricted housing or enterprise funds;
Concealed refinancing of undisclosed liabilities;
Transactions based upon forged identity, income, title, collateral, invoice, endorsement, or corporate records;
Transactions involving an undisclosed conflict of interest;
Acquisition of assets from a related party without enhanced valuation and approval;
Any purpose inconsistent with the governing Credit Window.
TITLE V
SOVEREIGN CREDIT DOSSIER AND INTERNAL UNDERWRITING
Article 19 — Mandatory Credit Dossier
Every application shall be supported by a Sovereign Credit Dossier containing, as applicable:
Verified identity;
Proof of institutional status;
Legal-capacity documentation;
Statement of financing purpose;
Requested amount;
Proposed term;
Income, revenue, or cash-flow information;
Existing material obligations;
Repayment projection;
Construction plan, business plan, budget, quotation, invoice, or procurement schedule;
Guarantee documentation;
Conflict-of-interest declaration;
Authorization for required verification;
Written acknowledgement of the applicable Credit Window;
Signed acknowledgement of repayment obligations.
Article 20 — Underwriting Standards
The Bureau shall assess:
Authenticity of documents;
Legality and feasibility of the proposed use;
Repayment capacity;
Stability and source of income;
Business or project viability;
Prior contractual performance;
Existing obligations;
Adequacy and realizable value of guarantees;
Requested term;
Proposed payment schedule;
Portfolio concentration;
Exposure to currency, operational, legal, and collateral risk;
Any material circumstance affecting performance.
Article 21 — Review and Decision
The Internal Credit and Fiduciary Review Committee shall issue one of the following determinations:
a. Approval;
b. Conditional approval;
c. Referral for additional documentation;
d. Approval at a reduced amount;
e. Assignment to another Credit Window;
f. Deferral for lack of available capital;
g. Refusal.
Every determination shall be recorded.
Refusal shall not create an entitlement to damages, disbursement, or automatic reconsideration.
A materially changed application may be resubmitted in accordance with Bureau procedure.
Article 22 — Conflicts of Interest and Related Parties
Any officer having a personal, familial, political, ecclesiastical, institutional, or financial interest in an application shall disclose that interest and withdraw from evaluation and decision.
Related-party financing shall require:
a. Independent underwriting;
b. Enhanced documentation;
c. Separate approval;
d. Recorded justification;
e. Terms no more favorable than those authorized for the applicable program, unless a lawful public-purpose subsidy has been expressly established.
TITLE VI
FINANCIAL CONDITIONS, CONTRIBUTIONS, AND CHARGES
Article 23 — Interest-Free Credit Classification
Window I financing shall be interest-free unless a separate housing instrument expressly establishes otherwise.
Window II financing shall ordinarily be interest-free.
Under an interest-free agreement:
a. No contractual interest shall accrue;
b. No compound interest shall apply;
c. No monthly percentage charge shall be imposed as disguised interest;
d. The borrower shall remain liable for principal, the customary contribution, disclosed third-party expenses, and lawful recovery expenses arising from default.
Every payable amount shall be stated in the agreement before execution.
Article 24 — Customary Contribution
A single customary contribution may be imposed under Window I or Window II.
The contribution shall:
a. Be established before execution;
b. Be calculated once upon the original principal or financed amount;
c. Not exceed eight percent of the original principal;
d. Not compound;
e. Not recur monthly;
f. Not increase solely because the agreed term continues;
g. Be separately identified from principal and third-party expenses.
The contribution may be:
a. Paid at execution;
b. Deducted from disbursement with written consent;
c. Incorporated into the scheduled payments.
Customary contributions shall be allocated by regulation among:
a. Portfolio administration;
b. Credit-loss reserves;
c. Financial education;
d. Future housing or microcredit operations;
e. Authorized institutional expenses directly connected to the credit system.
Article 25 — Commercial Terms Under Window III
Every commercial charge, return, participation, or financing cost shall be stated in:
a. A fixed amount;
b. A simple annual percentage;
c. A defined revenue-participation formula;
d. Another objectively calculable contractual method.
The agreement shall disclose:
a. Principal;
b. Total financing cost;
c. Payment schedule;
d. Maturity;
e. Default consequences;
f. Security;
g. Early-payment conditions;
h. Maximum contractual liability, where calculable.
Window III revenue shall be assigned first in accordance with:
a. Contractual payment obligations;
b. Required reserves;
c. Portfolio administration;
d. Capital preservation;
e. Authorized institutional allocation.
Article 26 — Third-Party Expenses
Notarial, registration, valuation, insurance, filing, transfer, inspection, or security-perfection expenses may be charged where necessary.
Every third-party expense shall be disclosed or reasonably estimated before execution.
XaraBank shall not add an undisclosed institutional surcharge to a third-party expense.
Any change in estimated expense shall be communicated before the borrower becomes contractually bound to the increased amount.
TITLE VII
CAPITALIZATION, RESTRICTED FUNDS, AND PRIVATE CAPITAL PROVIDERS
Article 27 — Authorized Capital Sources
XaraBank may capitalize the Credit Windows through:
Institutional reserves;
Indigenous Development Fund allocations;
Housing funds;
Microcredit funds;
Enterprise-finance funds;
Contributions and endowments;
Faith-based or charitable capital;
Cooperative capital pools;
Private-capital agreements;
Program-specific participation agreements;
Repayments of principal;
Lawfully assigned institutional revenue.
Article 28 — Qualification of Capital Providers
A private person or institution shall be admitted as an Authorized Capital Provider only after:
Identity verification;
Verification of legal capacity;
Verification of source and lawful ownership of funds;
Risk disclosure;
Written acceptance by XaraBank;
Execution of a numbered capital agreement;
Designation of the receiving Credit Window;
Registration in the National Register of Financial Commitments.
Article 29 — Mandatory Content of Capital Agreements
Every capital agreement shall specify:
Identity and capacity of the parties;
Principal contributed;
Currency or unit of account;
Designated Credit Window;
Permitted use;
Term;
Return, if any;
Source of contractual return;
Payment priority;
Security, if any;
Risk of delay or loss;
Reporting rights;
Confidentiality obligations;
Governing law;
Dispute-resolution procedure;
Events of default;
Termination rights;
Recovery procedure;
Conditions governing any transfer between portfolios.
Article 30 — Capital Segregation
Restricted capital shall be separately recorded.
Capital assigned to housing, microcredit, or enterprise finance shall not be diverted to an unrelated purpose without written contractual authority.
The Bank shall maintain records identifying:
a. Capital received;
b. Portfolio assignment;
c. Amounts deployed;
d. Outstanding principal;
e. Payments received;
f. Arrears;
g. Realized losses;
h. Reserves;
i. Amounts payable to capital providers.
Article 31 — Prohibition of Unfunded Guarantees
No officer shall represent that contributed capital is absolutely risk-free unless the obligation is fully secured by specifically identified and legally enforceable assets or an independently verified guarantee.
No return shall be promised unless XaraBank has identified and approved a lawful source of payment.
No capital agreement shall impose obligations exceeding the authorized financial capacity of the Bank.
Every capital provider shall receive disclosure of material:
a. Credit risk;
b. Liquidity risk;
c. Currency risk;
d. Collateral risk;
e. Enforcement risk;
f. Cross-border legal risk;
g. Force-majeure risk;
h. Portfolio subordination.
Article 32 — Institutional Status of Capital Providers
An Authorized Capital Provider shall be recognized as a protected contractual participant in the financial development system of Xaragua.
Such recognition shall not automatically confer:
a. Citizenship;
b. Diplomatic status;
c. Jurisdictional immunity;
d. Tax exemption;
e. Ecclesiastical office;
f. Public authority;
g. Ownership of XaraBank;
h. Control over credit decisions.
Exceptional capital providers may receive an honorary institutional distinction by act of the Rector-President without alteration of contractual rights or public authority.
TITLE VIII
GUARANTEES, COLLATERAL, AND SECURITY REGISTRATION
Article 33 — Principle of Proportional Security
Every credit operation shall contain a repayment-security structure proportionate to:
a. Amount;
b. Term;
c. Purpose;
d. Repayment capacity;
e. Credit Window;
f. Identified risk.
Low-value credit may be secured through non-asset mechanisms approved under Window II.
High-value housing and enterprise financing shall ordinarily require registered collateral, verified receivables, institutional guarantees, or another enforceable security structure.
Article 34 — Authorized Forms of Security
Subject to verification and applicable law, security may include:
Registered land;
Legally transferable interests in land;
Buildings and improvements;
Equipment;
Vehicles;
Inventory;
Deposits or Viaud’or balances;
Assignment of income or receivables;
Purchase contracts;
Agricultural production;
Family, communal, cooperative, professional, or institutional guarantees;
Insurance or surety;
Intellectual-property or commercial rights capable of lawful valuation and transfer;
Any other enforceable security approved by the Bureau.
Article 35 — Verification and Valuation
No guarantee shall be accepted without reasonable verification of:
a. Ownership;
b. Authority;
c. Legal validity;
d. Transferability;
e. Existing liens;
f. Priority;
g. Realizable value;
h. Enforcement procedure.
XaraBank may apply a prudential discount to estimated value.
Valuation shall be conducted independently where:
a. The asset is material to approval;
b. The transaction involves a related party;
c. Ownership or market value is disputed;
d. The exposure exceeds the internal valuation threshold.
Article 36 — Internal and External Registration
Every guarantee shall be recorded in the Internal Register of Credit Guarantees.
Where external enforceability requires notarization, registration, filing, possession, notice, consent, or perfection, the required act shall be completed before or as a condition of disbursement.
Internal registration shall establish institutional recognition within XaraBank but shall not replace a legally mandatory external formality.
Article 37 — Invalid Security
XaraBank shall reject:
Assets not legally owned or controlled by the guarantor;
Unverifiable or non-transferable interests;
Grossly inflated valuations;
Assets already encumbered beyond realizable value;
Forged titles, invoices, endorsements, or certificates;
Communal or ecclesiastical property offered without competent authorization;
Security whose creation or enforcement would violate applicable law;
Security incapable of being identified with sufficient precision.
Article 38 — Release of Security
Upon complete discharge of the secured obligation, XaraBank shall:
Update the Internal Credit Register;
Issue written confirmation of discharge;
Return deposited property or documentation;
Execute required releases or cancellations;
Preserve only the records required for institutional, contractual, accounting, or legal archiving.
TITLE IX
DISBURSEMENT, PORTFOLIO CONTROL, AND PROJECT SUPERVISION
Article 39 — Conditions Precedent to Disbursement
No disbursement shall occur before:
Final approval;
Execution of the credit agreement;
Completion of required security;
Verification of program liquidity;
Confirmation of portfolio assignment;
Satisfaction of required contributions or expenses;
Completion of any mandatory registration;
Confirmation that no material adverse information has invalidated the approval.
Article 40 — Controlled Disbursement
XaraBank may:
Pay an approved supplier directly;
Release construction funds by verified stage;
Require invoices and receipts;
Conduct physical or digital verification;
Restrict use to the approved purpose;
Suspend undisbursed amounts following material misuse, fraud, breach, or deterioration of repayment capacity.
Article 41 — Housing Disbursement Protocol
Window I financing may be divided into:
Land and title verification;
Project and budget approval;
Foundation tranche;
Structural tranche;
Roofing and enclosure tranche;
Water, sanitation, and energy tranche;
Completion tranche.
Each subsequent tranche may be conditioned upon verification of the preceding stage.
Article 42 — Enterprise and Microcredit Monitoring
A borrower may be required to submit:
Proof of purchase;
Inventory records;
Production information;
Revenue statements;
Contract-performance records;
Project-completion evidence;
Updated guarantee information;
Any report expressly required by the credit agreement.
Monitoring requirements shall remain proportionate to the amount and nature of the transaction.
TITLE X
XARAGUA CREDIT MARGIN
Article 43 — Establishment and Classification
The Xaragua Credit Margin, abbreviated “XCM,” is established exclusively within Window II.
The XCM constitutes a renewable and controlled internal microcredit facility.
The XCM shall not be used as the general financing instrument for mini-house construction or commercial SME financing.
Article 44 — Authorized Limits
An approved XCM limit may range from 100 to 5,000 VDO.
The authorized limit shall depend upon:
a. Repayment capacity;
b. Prior performance;
c. Guarantee structure;
d. Approved purpose;
e. Available Window II liquidity.
Approval of a maximum limit shall not require immediate or complete disbursement.
Each draw may remain subject to verification of continuing eligibility.
Article 45 — Term and Renewal
Individual XCM advances may carry terms from thirty to three hundred sixty-five days.
Renewal shall require:
a. Satisfactory performance;
b. Updated information where required;
c. Continuing validity of guarantees;
d. Available liquidity;
e. Formal authorization.
Renewal shall not be automatic.
Article 46 — XCM Financial Conditions
The XCM shall bear no compound interest.
Under its interest-free classification, the borrower may be charged only:
a. Principal;
b. The single customary contribution;
c. Disclosed third-party expenses;
d. Lawful and contractually authorized recovery expenses resulting from default.
A recurring monthly percentage charge shall not be imposed under the interest-free XCM classification.
TITLE XI
CONFIDENTIALITY, RECORDS, AUDIT, AND DATA GOVERNANCE
Article 47 — Protected Financial Information
XaraBank shall protect:
Applicant identities;
Capital-provider identities;
Account information;
Credit dossiers;
Contract terms;
Collateral records;
Repayment histories;
Internal risk classifications;
Commercial information;
Proprietary financial data.
Article 48 — Authorized Disclosure
Protected information may be disclosed only:
With written consent;
To authorized XaraBank personnel performing official functions;
To auditors, legal counsel, valuers, insurers, notaries, registrars, arbitrators, courts, or enforcement officers where necessary;
For enforcement or defense of a contractual right;
To comply with applicable mandatory law or a valid legal order;
To prevent or investigate fraud, misappropriation, or material institutional loss;
In anonymized or aggregated institutional reports.
Article 49 — Internal Audit
Every Credit Window shall be subject to periodic internal financial, portfolio, and compliance review.
Internal audit shall verify:
a. Capital assignment;
b. Disbursement authorization;
c. Contract completeness;
d. Guarantee registration;
e. Payment recording;
f. Reserve adequacy;
g. Arrears classification;
h. Related-party compliance;
i. Data protection;
j. Cross-window transfers.
Material irregularities shall be reported to the Governor and the competent supervisory authority.
Article 50 — External Verification
Capital providers shall receive the reporting and verification rights established by contract.
Where a transaction is legally connected to another jurisdiction, XaraBank shall comply with applicable registration, disclosure, audit, taxation, reporting, or enforcement requirements.
Confidentiality shall not invalidate a legally binding disclosure obligation.
TITLE XII
DEFAULT, RESTRUCTURING, AND RECOVERY
Article 51 — Events of Default
An event of default may arise from:
Failure to pay after expiration of the contractual cure period;
Material misrepresentation;
Fraudulent documentation;
Unauthorized disposal of collateral;
Diversion of restricted funds;
Material violation of an approved-use condition;
Insolvency materially affecting performance;
Refusal to provide a contractually required report;
Destruction, concealment, or impairment of collateral;
Any additional event expressly defined in the agreement.
Article 52 — Graduated Recovery Procedure
Where practicable, XaraBank shall apply:
Formal administrative notice;
Verification of the breach;
Contractual cure period;
Restructuring assessment;
Mediation or negotiated settlement;
Activation of guarantees;
Internal adjudication where legally sufficient;
Arbitration or judicial enforcement where required.
Article 53 — Restructuring
XaraBank may authorize:
Revised payment schedules;
Temporary deferment;
Extension of maturity;
Partial restructuring;
Additional security;
Voluntary transfer of collateral;
Negotiated settlement.
No restructuring shall be automatic or granted where fraud, concealment, or deliberate dissipation of collateral has been established.
Article 54 — Institutional Consequences
A borrower in unresolved default may be subject to:
Suspension of further credit;
Cancellation of an unused credit limit;
Internal delinquency classification;
Enforcement of guarantees;
Recovery proceedings;
Exclusion from specified financial programs until regularization.
Default shall not independently authorize deprivation of citizenship, unrelated academic rights, religious sacraments, or public humiliation.
Article 55 — Enforcement of Collateral
Collateral shall be enforced according to:
a. The executed security instrument;
b. The governing law of the asset;
c. Applicable registration and priority rules;
d. Required judicial, notarial, administrative, arbitral, or private-sale procedure.
No asset shall be seized, transferred, or liquidated solely by institutional declaration where external law requires an additional procedure.
TITLE XIII
INTERNAL LAW, CROSS-BORDER CONTRACTS, AND DISPUTE RESOLUTION
Article 56 — Internal Governing Framework
As an internal institutional matter, every XaraBank credit operation shall be administered under:
The Constitution of Xaragua;
The Financial Code of Xaragua;
This Statute;
Implementing regulations of XaraBank;
Applicable Indigenous customary law;
The executed contract.
Article 57 — Mandatory External Law
Where a party, asset, bank account, security, notarial act, contractual performance, or enforcement measure is legally situated within another jurisdiction, the mandatory law of that jurisdiction shall apply to the extent legally required.
The internal authority of XaraBank shall govern institutional authorization, portfolio classification, internal registration, and administration.
External recognition, registration, priority, seizure, enforcement, taxation, or regulatory treatment shall be determined by the competent legal framework applicable to the transaction.
Article 58 — Governing-Law and Forum Clauses
Every cross-border contract shall identify:
Governing substantive law;
Competent forum;
Address for notices;
Language of proceedings;
Service procedure;
Interim-measure authority;
Enforcement jurisdiction;
Any agreed arbitration mechanism.
Article 59 — Arbitration
Commercial and cross-border agreements may provide for arbitration by express written consent.
The arbitration clause shall identify:
a. Institutional or ad hoc rules;
b. Seat of arbitration;
c. Number of arbitrators;
d. Language;
e. Governing law;
f. Cost allocation;
g. Courts competent for interim measures and enforcement.
An arbitral award may be presented for recognition and enforcement before a competent jurisdiction according to applicable law.
Arbitration shall not be represented as mandatory or available unless validly accepted by the contracting parties.
Article 60 — Limitation Periods
No universal limitation period is created for all XaraBank claims.
The applicable period shall be determined by:
a. Governing law;
b. Nature of the claim;
c. Enforcement jurisdiction;
d. Valid contractual interruption or suspension provisions.
The Bureau shall maintain a limitation-control register.
TITLE XIV
INSTITUTIONAL PROTECTION OF THE XARAGUA CREDIT SYSTEM
Article 61 — Protected Institutional Assets
The following shall constitute protected institutional assets to the extent recognized by applicable law:
XaraBank names and marks;
Official seals and identifiers;
Original contractual templates;
Credit manuals;
Internal underwriting systems;
Proprietary digital infrastructure;
Confidential databases;
Original publications and training materials;
Non-public procedures;
Internal portfolio information.
Article 62 — Prohibited Acts
No person shall, without authorization:
Represent affiliation with XaraBank;
Issue documents bearing official XaraBank seals;
Impersonate an authorized Credit Window;
Market a product as guaranteed by Xaragua;
Obtain confidential operational material through fraud or breach of duty;
Reproduce protected institutional documents in violation of applicable rights;
Misrepresent an independent credit program as an official XaraBank operation.
Article 63 — Institutional Remedies
XaraBank may undertake:
Administrative notice;
Correction or attribution demand;
Contractual enforcement;
Protection of trademarks, copyright, confidential information, and proprietary systems;
Fraud or misrepresentation proceedings;
Notification to competent registries, platforms, tribunals, or authorities.
General concepts of community finance, Indigenous economic development, microcredit, housing credit, or interest-free lending shall not be classified as exclusive property merely because comparable principles are employed by XaraBank.
TITLE XV
FINAL, TRANSITIONAL, AND IMPLEMENTING PROVISIONS
Article 64 — Supersession
This Statute supersedes every prior doctrine, policy, annex, regulation, proclamation, or administrative provision of May 19, 2025 that is incompatible with its terms.
Article 65 — Existing Contracts
Existing contracts shall remain governed by their executed terms unless lawfully amended.
The Bureau shall review existing contracts concerning:
a. Credit Window classification;
b. Interest and charges;
c. Customary contributions;
d. Guarantees;
e. Capital segregation;
f. Confidentiality;
g. Dispute resolution;
h. External enforceability;
i. Unfunded guarantees.
No vested contractual right shall be retroactively altered without the consent or authority required by the governing law.
Article 66 — Implementation Authority
The Governor of XaraBank may issue regulations concerning:
Credit limits;
Customary-contribution rates;
Commercial financing rates;
Portfolio reserves;
Capital-adequacy thresholds;
Underwriting standards;
Collateral valuation;
Committee procedures;
Financial disclosure;
Default management;
Data protection;
Capital-provider reporting;
Portfolio concentration;
Credit Window accounting.
No implementing regulation may contradict this Statute or merge the three Credit Windows contrary to Title III.
Article 67 — Annual Institutional Review
XaraBank shall conduct an annual review of:
a. Capital availability;
b. Credit issued;
c. Principal recovered;
d. Customary contributions collected;
e. Commercial revenue;
f. Administrative expenditure;
g. Arrears;
h. Defaults;
i. Realized losses;
j. Reserve adequacy;
k. Portfolio concentration;
l. Social and economic outcomes.
The review shall separately report Window I, Window II, and Window III.
Article 68 — Controlling Interpretation
This Statute shall be interpreted to preserve:
Indigenous financial autonomy;
Institutional solvency;
Capital segregation;
Protection of housing and microcredit funds;
Contractual discipline;
Transparent charges;
Proportional guarantees;
Rights of borrowers, guarantors, and capital providers;
External enforceability where legally available;
Economic development of the people and institutions of Xaragua.
Article 69 — Severability
If any provision is determined to be invalid, unenforceable, or inapplicable within a competent external jurisdiction, the remaining provisions shall continue to govern the internal administration of XaraBank to the maximum extent permitted.
Article 70 — Entry into Force
This Supreme Consolidated Financial Statute shall enter into force immediately upon:
Signature by the Rector-President;
Countersignature or administrative registration by the Governor of XaraBank;
Entry in the Official Financial Archive;
Publication through the authorized institutional channel of Xaragua.
SIGNED:
PASCAL DESPUZEAU DAUMEC VIAU
PRELATE-FOUNDER AND RECTOR-PRESIDENT
SOVEREIGN CATHOLIC INDIGENOUS AND PRIVATE STATE OF XARAGUA
COUNTERSIGNED FOR ADMINISTRATIVE EXECUTION:
GOVERNOR OF THE INDIGENOUS BANK OF XARAGUA — XARABANK
REGISTERED BY:
BUREAU OF INDIGENOUS CREDIT, HOUSING FINANCE, AND SECURED OBLIGATIONS
OFFICIAL FINANCIAL ARCHIVE OF XARAGUA