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Paraguayan Financial System Regulations Overhauled by New Law
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The Paraguayan financial system has undergone significant changes following the introduction of the Law on Modernization and Strengthening of Paraguayan Financial System Regulations (Law 5,787/16). The new law aims to enhance transparency, strengthen regulations, and prevent financial crimes in the banking industry.
Initial Vetting Process for Establishing Financial Entities
One key modification introduced by the law is the initial vetting process for establishing financial entities. The Paraguayan Central Bank (BCP) now has the authority to reject applications if it is not satisfied with the suitability of the project or the profile of the directors, administrators, or auditors. This move aims to prevent potential risks and ensure that only reputable entities enter the market.
Transparency Measures
The law emphasizes transparency by requiring financial entities to disclose information about their shareholders, up to the final beneficiary of a corporate entity shareholder. This step is designed to shed light on potential conflicts of interest and enhance overall accountability.
Stricter Criteria for Key Roles in Financial Institutions
In addition, the BCP has introduced stricter criteria for individuals serving in key roles within financial institutions. Those who have been convicted of intentional crimes, sanctioned by local or international financial regulators for poor professional performance, or possess a conflict of interest that could impact the entity’s proper functioning are prohibited from holding such positions.
Liability for Infractions
The law also imposes liability on the president and board of directors of financial entities for various infractions. These include:
- Approving operations and adopting agreements that contravene applicable laws
- Failing to implement efficient risk management and corporate governance policies
- Noncompliance with BCP instructions
- Failure to provide timely information to regulatory authorities
Lifting Bank Secrecy in Specific Situations
Furthermore, the law introduces measures to lift bank secrecy in specific situations. This includes:
- Instances where the BCP and its supervisory authorities request information for legal purposes
- Judicial authorities seeking information through court rulings
- Regulatory bodies requiring access to data during inspections or audits
Impact of the New Regulations
The new regulations are expected to enhance transparency and accountability within the Paraguayan banking industry, while also protecting investors and preventing financial crimes. However, it is essential for individuals and entities operating in this sector to consult with experts to ensure compliance with the revised regulations.