Regulatory Alerts2008-01-29 | Resolución 016/2008Added · Updated
Resolution 016/2008
The Board of Directors of the Central Bank of Bolivia maintains the maximum limit for foreign investments by Pension Fund Administrators (AFPs) at 12% of their investment resources for the year 2008. This decision is communicated to the Superintendence of Pensions, Securities and Insurance to authorize limits within the established maximum. The Presidency and General Management are tasked with executing and ensuring compliance with this resolution.
BOARD RESOLUTION NO. 016/2008 SUBJECT: ECONOMIC POLICY ADVISORY - APPROVES MAXIMUM LIMIT FOR FOREIGN INVESTMENTS BY PENSION FUND ADMINISTRATORS
VIEWED: Law 1670 of October 31, 1995. Law 1732 of November 29, 1996. Supreme Decree 24469 of January 17, 1997. Supreme Decree 25958 of October 21, 2000. Board Resolution No. 007/2007 of January 30, 2007. Technical Report from the Economic Policy Advisory APEC-INEP 003/2008 of January 25, 2008. Reports from the Legal Affairs Management SANO 017/2008 of January 25, 2008 and SANO No. 109/2008 of January 29, 2008.
CONSIDERING: That the Pension Law 1732 in its Article 41 confers upon the Board of Directors of the Central Bank of Bolivia the authority to set the maximum limit of investments, made by pension fund administrators (AFPs), in securities of issuers constituted abroad.
That the Pension Law, in its article 40, states that the AFP must invest the resources of the pension funds exclusively in securities and in financial markets authorized by the SPVS. Furthermore, the AFP must maintain, in securities custody entities or securities deposits authorized by the SPVS, at least 95% of the value of the pension funds.
That articles 193 and 233 of Supreme Decree 24469 establish that the resources of the individual capitalization fund (FCI), except for high liquidity funds, must be invested in securities and that at least 95% of the value of the fund must be maintained in custody entities.
That Supreme Decree 25958 in its article 19 modifies article 194 of Supreme Decree 24469 which regulates Law 1732, and establishes that the Board of Directors of the BCB must set the maximum limit for investments of the Individual Capitalization Fund abroad by the AFPs.
That the Board of Directors of the BCB, after considering the Technical Report from the Economic Policy Advisory APEC-INEP 003/2008, determined to maintain during 2008, the maximum limit for foreign investments for Pension Fund Administrators at twelve percent (12%) of their investment resources.
That the Report from the Legal Affairs Management SANO 017/2008 states that the Board of the Bank, in the absence of legal impediment, has the authority to define the maximum limit for investments of the Individual Capitalization Fund abroad by the Pension Fund Administrators, in accordance with Article 41 of Law 1732.
THEREFORE,
THE BOARD OF DIRECTORS OF THE CENTRAL BANK OF BOLIVIA
RESOLVES:
Article 1.- Maintain during 2008, the maximum investment limit of the Individual Capitalization Fund (FCI) abroad for Pension Fund Administrators at twelve percent (12%) of their investment resources during 2008.
Article 2.- Communicate to the Superintendence of Pensions, Securities and Insurance the preceding decision, so that it may authorize limits within the maximum established by this Resolution.
Article 3.- The Presidency and General Management are charged with the execution and compliance of this Resolution.
La Paz, January 29, 2008
Raúl Garrón Claure
Gustavo Blacutt Alcalá Hugo Dorado Araníbar
Rolando Marín Ibáñez Ernesto Yáñez Aguilar Osvaldo Nina Baltazar
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