The National Securities Commission (CNV) adapted the modifications made to Law No. 25,246 and updated the list of obligated subjects who must respond to the Financial Information Unit (UIF). The measure was taken through General Resolution 1026/2024 published this Monday in the Official Gazette.
According to the document, it is removed from the Central Depository Agents of Negotiable Securities or entities registered to receive collective deposits of negotiable securities, which act in the custody of instruments or operations.
And also, to the custody, registration and payment agents, or those agents authorized to provide the service of custody, transfer and/or payment of negotiable securities, as obligated subjects – to report to the FIU.
The list of obligated subjects was as follows:
to) Negotiation Agents;
b) Settlement and Clearing Agents and other intermediaries that perform equivalent functions;
c) Placement and distribution agents that act in the placement of Common Investment Funds or other collective investment products;
d) Global Investment Advisory Agents and other legal entities in charge of opening the file and identifying the client’s risk profile in terms of prevention of money laundering, financing of terrorism and the proliferation of weapons of mass destruction;
and) Covered financial fiduciaries in Chapter 30 of Title IV of the Third Book of the Civil and Commercial Code of the Nation and its modifications, which act in that capacity in financial trusts with a public offer authorized by the Commission;
F) Collective Financing Platforms and other legal entities authorized by the Commission to act within the framework of collective financing systems through the use of web portals or other similar means, with the main objective of putting in contact, in a professional manner, a plurality of human beings and /or legal entities that act as investors with human and/or legal entities that request financing as collective financing entrepreneurs; and
g) Virtual Asset Service Providers.
Those Agents registered with the Commission under the subcategory of Settlement and Clearing Agents –Direct Participant-, provided that its action is limited exclusively to registering operations in futures contracts and options contracts on futures, negotiated in markets under the supervision of the CNV, on your own account and with your own funds; and do not offer intermediation services, nor the opening of operational accounts to third parties to place orders and operate the indicated instruments.
CNV: clarification for operations for foreign investors
Thiss obligated subjects They may only carry out operations in the field of public offering of negotiable securities, forward contracts, futures or options of any nature and other financial instruments and products, when they are carried out or ordered by subjects constituteddomiciled or residing in domains, jurisdictions, territories or associated States that are not included in the list of non-cooperative jurisdictions for the purposes of fiscal transparency, in the terms of article 24 of the Integral Annex of Decree No. 862/2019 and its amendments and/or that are considered as High Risk by the INTERNATIONAL FINANCIAL ACTION GROUP (FATF).
Source: Ambito
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