General Resolution CNV No. 1030: Regulatory Updates on Investment Funds and CEDEARs
Capital Markets Department Report | General Resolution CNV No. 1030: Regulatory Updates on Investment Funds and CEDEARs
On November 11, 2024, the National Securities Commission (Comisión Nacional de Valores, or CNV) issued General Resolution No. 1030 (the “Resolution“), which introduces changes to the regulation of CEDEARs (Argentine Certificates of Deposit) and foreign and local mutual funds.
Below is a summary of the main changes:
-CEDEARs
CEDEARs (Certificados de Depósito Argentinos) are financial instruments traded on Argentine stock exchanges that represent shares of foreign companies. They allow local investors to gain exposure to international securities without transferring funds abroad.
The Resolution permits the public offering of CEDEARs that represent shares of Exchange-Traded Funds (ETFs). These ETFs must replicate widely disseminated passive indices, which may include equities, virtual assets, and/or commodities. To qualify, the ETFs must also meet a liquidity threshold that is at least equivalent to the MERVAL index.
-Foreign Investment Funds
Public offerings of foreign investment funds must be conducted exclusively through Mutual Funds (Fondos Comunes de Inversión, or FCIs) established under Law No. 24,083 and registered with the CNV. Specific exceptions apply to ETFs that may serve as underlying assets for CEDEARs.
-Special Regime for Open-End Mutual Funds for Qualified Investors
A new regime for FCIs targeting qualified investors offers fewer restrictions on portfolio management and a focus on diversified financial assets.
These funds may be denominated in either local or foreign currency. If denominated in foreign currency and investing in foreign assets, subscriptions must exclusively come from accounts held abroad.
FCIs denominated in foreign currency that invest in ETFs meeting the same criteria as those eligible for CEDEARs can be purchased by non-qualified investors, provided risks are disclosed and the investor gives explicit consent to acquire these units.
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