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Chilean Banks Allowed to Offer Financial Services

In Chile, banks are permitted to provide a range of financial services, including:

  • Financial advice
  • Acting as agents for local or foreign institutions
  • Performing specialized entrusted activities (comisiones de confianza)
  • Banking-related financial services

Private Banks

Chile has private banks that operate similarly to those in other countries. These banks are subject to the same regulations and requirements as public banks.

Regulation of Systemically Important Financial Institutions (SIFIs)

The Chilean Banking Commission (CMF) is responsible for determining which banks or groups of banks can be considered systemically important financial institutions (SIFIs). To determine this, the CMF uses four factors:

  • Size
  • Interconnectivity
  • Replaceability
  • Complexity

A list of SIFIs will be published in March 2021, and these institutions will need to gradually fulfill additional capital requirements over the next three years.

Organisation of Banks

To operate as a bank in Chile, an entity must be incorporated as a corporation under the specific requirements of the General Banking Act and the Corporations Act. Every bank in Chile is required to be a special corporation (sociedad anónima especial) under the General Banking Act.

Corporate Governance

The corporate governance framework for Chilean banks is set out in Article 40 et seq of the General Banking Act and regulations issued by the CMF. The main body of the bank is the board of directors, which is responsible for directing the bank and ensuring proper risk management.

Supervisory Regime

A director of a bank (whether an SIFI or not) must meet certain requirements, including:

  • Being honest
  • Being solvent

External auditing firms are also required to review the accounting, inventory, and financial statements of banks.

Banking Supervision Process

The CMF’s Guide to the Banking Supervision Process outlines its approach to supervising banks, which is based on assessing the quality of risk management used by banks. This approach reflects the maturity of the banking industry in Chile.

Summary

In summary, Chilean banks are subject to a range of regulations and requirements, including those related to corporate governance, supervision, and the provision of financial services. SIFIs will be required to meet additional capital requirements over the next three years.