by Juan Manuel González | Oct 3, 2024 | Noticias-en, Opinions
On September 26, the regulations governing the supervision of legal entities , in accordance with the provisions of the Law on Economic Crimes , were published in the Official Journal .
Among the most relevant modifications, the figure of supervision of the legal entity was incorporated , which can be ordered by a court as a penalty, precautionary measure or condition of a conditional suspension of the procedure.
In addition, it seeks to ensure that companies that are part of the proceedings establish an effective system for preventing economic crimes.
Among the most relevant aspects for the application of this regulation, there are several elements that are key to the effective functioning of the supervision system for legal entities.
Below we mention the following:
- Definition of supervision of legal person: According to the regulation, supervision of the legal person consists of “ subject to a supervisor, appointed by the court, responsible for ensuring that the legal person effectively develops, implements or improves a crime prevention system within a minimum period of six months and a maximum of two years . ”
- General requirements for the application of the legal entity: The court will appoint a supervisor in those cases where it is determined that the legal entity does not have a crime prevention system , or said system is insufficient to prevent crimes.
- Obligations: The legal entity shall be obliged to make available to the supervisor all the information necessary for the performance of the assignment, including allowing access to its facilities and premises.
In addition, he/she shall be obliged to comply with the instructions given by the supervisor in the development, implementation, improvement or control of the operation of the crime prevention system.
Regarding the role of the supervisor , several key aspects stand out that are fundamental to understanding his role and responsibility within the supervision system of legal entities, among which the following stand out:
- Qualifying requirements to hold the position: The supervisor must be a natural person who meets certain requirements such as:
- Have a relevant professional qualification (professional degree of at least ten semesters in duration).
- At least five years of verifiable experience.
- Knowledge of risk management and crime prevention, and experience in the applicable legal framework.
- In addition, the director must ensure that there are no conflicts of interest or prohibitions or disqualifications that affect the exercise of his or her duties.
- Powers and duties of the supervisor:
- It may issue instructions and set conditions on the legal entity’s crime prevention system, as determined by the court.
- You have the right to access information, facilities and interview personnel necessary to perform your duties.
- Its actions are limited to the prevention of crimes, and it must maintain confidentiality regarding the information obtained, except in public reports.
- In addition, he is considered a public employee for the purposes of his responsibilities.
- Supervisor’s remuneration: The supervisor’s remuneration will be determined by the court according to market criteria and will be the responsibility of the company.
This remuneration will cover all expenses and fees related to supervision, including those of his team.
Candidates will propose their compensation at the appointment hearing, taking into account factors such as the size and complexity of the legal entity, as well as the compensation of similar supervisors and other relevant positions.
For more information on the application of this regulation, we recommend consulting our Compliance group :
Rodrigo Albagli | Partner | ralbagli@az.cl
Yoab Bitran | Compliance group director | ybitran@az.cl
Caterina Ravera | Senior Associate | cravera@az.cl
Sebastian Achondo | Associate | sachondo@az.cl
Loreto Osorio | Associate | losorio@az.cl
by Juan Manuel González | Sep 23, 2024 | Noticias-en
Decree No. 749/2024 , which regulates the Large Investment Incentive Regime (RIGI), includes a series of relevant aspects linked to the regulation of competition defense.
– Its article 47, paragraph h) establishes, in line with the provisions of article 176, paragraph h) of Law No. 27,742, that the application for adhesion to the RIGI must include a sworn declaration that the RIGI Project will not distort the local market.
Such statement must be supported by a technical study carried out by a lawyer or economist with technical knowledge in competition defense and must include, as a minimum (i) the description of the product or service to be offered; (ii) the definition and projection of the probable evolution of the relevant market(s); (iii) the identification of the participants in the market(s) under analysis that could be affected by the project and (iv) an analysis of the positive and negative aspects that the projected investment could have in the relevant market.
– Article 52 establishes that failure to include the elements referred to in the preceding paragraph will lead to the rejection in limine of the application for accession.
– Once the technical study has been submitted, the Enforcement Authority may request the National Commission for the Defense of Competition to issue a non-binding opinion.
For more information contact:
Gustavo Papeschi | Partner at Beccar Varela | gpapeschi@beccarvarela.com
by Juan Manuel González | Sep 10, 2024 | Noticias-en
On September 10, 2024, Parliament approved the bill for the regulation of virtual assets (the Law), which modifies the current regulations to formally recognize virtual assets, equating them regulatoryly to book-entry securities, and includes Virtual Asset Service Providers (PSAV) within the regulatory and supervisory scope of the Central Bank of Uruguay (BCU).
Below we highlight the most relevant points:
- A new species is added within the genre of scriptural values
The Law modifies article 14 of the Securities Market Law No. 18,627, with the purpose of including virtual assets within the definition of book-entry securities. As of this modification, book-entry securities will be divided into two categories:
- centralized registration (which maintain the current regulations in their entirety); and
- decentralized ledger, a new category that encompasses virtual assets, which are characterized by the absence of a centralized registering entity, since they are issued, stored, transferred and negotiated electronically through distributed ledger technologies.
With the addition of this new class, the rules applicable to book-entry securities will be extended to virtual assets, to the extent that they are compatible with the nature of the latter’s non-centralized registry.
- PSAVs are included within the regulatory and supervisory scope of the BCU
The Law modifies articles 37 and 38 of the Organic Charter of the BCU (Law No. 16,696), with the aim of placing the PSAVs that operate with virtual assets of a financial nature under the control of the Superintendency of Financial Services (SSF).
In addition, the BCU will regulate and supervise the activity of entities that provide virtual asset purchase and sale services, in accordance with the definition it adopts for such purposes.
PSAVs must request authorization from the BCU to operate, which will grant or deny it based on criteria of legality, opportunity and convenience, and may revoke it in the event of serious violations, in addition to establishing the rules for their operation.
- PSAVs are regulated in terms of money laundering and terrorist financing control
The Law also seeks to make the PSAVs subject to the regulatory and supervisory powers of the BCU in the area of money laundering and terrorist financing control for the activities they carry out. This is because the entities included in the second paragraph of article 37 of the Organic Charter of the BCU are also, by legal provision, subject to this type of control.
For more information contact:
Carla Arellano | Ferrere Advisor | carellano@ferrere.com
by Juan Manuel González | Sep 10, 2024 | Noticias-en
Today, our personal data is a valuable asset that is constantly circulating on the Internet and we leave a digital footprint that can be used in various ways. Given this situation, Law 1581 emerges as a beacon of protection, establishing a solid legal framework to guarantee our privacy in the digital world.
This Colombian regulation recognizes and protects the fundamental right of all people to know, update and rectify the information that has been collected about them. At the same time, it establishes clear limits on the collection, use and disclosure of personal data, thus avoiding abusive practices such as discrimination and the misuse of our information.
For businesses, Law 1581 represents an opportunity to build relationships of trust with their customers. By complying with this legislation, organizations demonstrate their commitment to transparency and data protection, which in turn strengthens their reputation and brand loyalty.
For further information, contact:
Oscar Tutasaura | Partner Posse Herrera Ruiz | oscar.tutasaura@phrlegal.com
by Juan Manuel González | Jul 29, 2024 | Noticias-en
On July 24, the Central Bank of Paraguay (BCP) approved, through resolution No. 12, the “Regulation of the QR Generation Standard for Electronic Payments in Paraguay”. This regulation establishes the requirements for the generation and use of QR codes in electronic payments within the country.
Key aspects of the new regulation
QR Code: A two-dimensional quick response barcode containing information necessary for payment services, which can be scanned, processed and transmitted securely by a device.
Dynamic QR Code : Code presented by the merchant that includes your data to complete the payment and the amount to be paid.
Static QR Code : Code presented by the merchant that includes your details to complete the payment, but not the amount to be paid.
EMV® QRCPS : QR codes developed according to Europay, Mastercard and Visa Common QR standards and guidelines.
Standardization requirements
Dynamic and static QR codes must be based on EMV® QRCPS standards.
QR code generation must follow the guidelines of the PY-QR Code Implementation Guide.
QR codes must include the PY-QR logo.
Requirements for payment service providers (PSPs)
PSPs that use electronic payments with QR code must register with the BCP, in accordance with the instructions and requirements established by the Sub-General Management of Financial Operations (SGGOF). The deadline to comply with these requirements and complete the corresponding registration is June 30, 2025.
The SGGOF will issue the PY-QR code implementation guide, which will cover all transactions related to the generation of QR codes for electronic payments in the country.
For more information
For additional questions or more details on how this Regulation may affect your business, you can contact consultas@ferrere.com.