LEGAL UPDATE: LAWS, DECREES, AGREEMENTS AND RESOLUTIONS PUBLISHED IN THE OFFICIAL GAZETTE ON MARCH AND APRIL 2021

May 19, 2021 | English Blog

 NATIONAL INSTITUTE FOR THE PROMOTION OF COMPETITION

REGULATION NO. 31 REGULATION OF THE CLEMENCY PROGRAM OF THE NATIONAL INSTITUTE FOR THE PROMOTION OF COMPETITION. Dated January 19, 2021. The purpose of this regulation is to establish the procedure that economic agents must follow in order to access the exemption benefit granted by Law 601 “Law on the Promotion of Competition” in its article 48, the termination of anticompetitive practices, the reversal of the negative effects caused to competition and the reestablishment of the competitive process. Gazette No. 45, Pages 2113 to 2123, dated 03/05/2021.

 

NATIONAL FOREST INSTITUTE

ADMINISTRATIVE RESOLUTION No. CODF 03-2021 REGULATION FOR THE FOREST REGENCY. Dated March 1, 2021. The purpose of this Regulation is to regulate the technical and legal activities of the Forest Regents, defining their functions, rights and obligations to ensure their correct participation in forestry activity within the framework of Law No. 462 “Law for Conservation, Promotion and Sustainable Development of the Forest Sector ” and its regulation “Executive Decree 73-2003, Administrative Provisions and other Forest Regulations”; It is mandatory for the Forest Regents throughout the national territory and its application is the responsibility of the National Forest Institute (INAFOR). Gazette No. 53, Pages 2607 to 2614, of 03/17/2021.

 

DEPOSIT GUARANTEE FUND OF FINANCIAL INSTITUTIONS

RESOLUTION CD-FOGADE-I-FEB-2021. Standard for the determination of the Risk Spread that the Member Institutions of the Deposit Guarantee System must pay to FOGADE, during the year 2021. Dated February 25, 2021. The purpose of this Standard is to establish the scope and mechanisms to determine the additional percentage to the 0.25% of premium that the Financial Institutions that are members of the Deposit Guarantee System must pay as risk spread to the Deposit Guarantee Fund of Financial Institutions (FOGADE), in accordance with the results of their qualification. Gazette No. 53, Pages 2614 to 2616, of 03/17/2021.

 

NATIONAL ASSEMBLY

LAW No. 1068 NATIONAL HEALTH REGULATION AUTHORITY CREATING LAW. Dated March 22, 2021. Through this Law, the National Sanitary Regulation Authority (ANRS) is created, which will have the purpose of facilitating, regulating, implementing, developing and coordinating the policies, laws, regulations and standards related to sanitary authorizations, surveillance, promotion, advertising, control and inspection of: medicines (formula milk and breast milk substitutes), vaccines, biological, biotechnological; natural medicinal and homeopathic products; food and drinks; nutritional supplements, medical devices and other technologies related to health; everything related to ionizing radiation; precursor chemicals; cosmetic and hygienic products; tobacco and its derivatives. Likewise, the regulation and control of donations, foreign medical brigades, medical and non-medical supplies; regulation of professional practice in health, audits on the quality of health service care, health service provider establishments, pharmaceutical and non-pharmaceutical establishments, food establishments; establishments that provide disinfection, structural or housing sanitation services with pesticides, toxic, dangerous substances and other similar; and others that may have an impact on health. Gazette No. 58, Pages 2836 to 2839, of 03/24/2021.

 

SUPERINTENDENCE OF BANKS AND OTHER FINANCIAL INSTITUTIONS

RESOLUTION No. CD-SIBOIF-1238-4-MAR23-2021 STANDARD ON UPDATING THE AMOUNT OF THE MINIMUM GUARANTEES FOR STOCK MARKETS AND STOCKBROKERS. Dated March 23, 2021. Through this Standard, the amount of the minimum guarantee that the stock markets must render in favor of the stock exchanges in which they participate is updated at C$958,500.00. In the case of stockbrokers, the amount of said guarantee is updated at C$479,500.00. The stock exchanges that are operating as well as their agents have a period of 45 days counted from the entry into force of this Standard, to update the amount of their guarantees. Gazette No. 67, Pages 3240 and 3241, of 04/14/2021.

RESOLUTION No. CD-SIBOIF-1238-3-MAR23-2021 STANDARD ON UPDATING THE SHARE CAPITAL OF THE SECURITIZATION FUNDS MANAGEMENT COMPANIES. Dated March 23, 2021. Through this Standard, the minimum share capital required for securitization funds management companies is updated at C$3,115,500.00. The securitization funds management companies that are authorized to establish and operate in the country after the entry into force of this standard have to comply with the updated share capital and it must be made at the time of its incorporation. Gazette No. 67, Page 3241, of 04/14/2021.

RESOLUTION No. CD-SIBOIF-1238-2-MAR23-2021 STANDARD ON UPDATING THE SHARE CAPITAL OF INVESTMENT FUNDS ADMINISTRATING COMPANIES. Dated March 23, 2021. Through this Standard, the minimum share capital required for companies that manage financial investment funds is updated at C $ 3,115,500.00; and C$5,330,000.00 for companies that manage investment funds in non-financial assets, such as real estate funds or investment funds for movable development. Gazette No. 67, Pages 3241 and 3242, of 04/14/2021.

RESOLUTION No. CD-SIBOIF-1238-1-MAR23-2021 STANDARD ON UPDATING THE SHARE CAPITAL OF STOCK MARKETS. Dated March 23, 2021. Through this Standard, the minimum share capital required for stock markets is updated at C$3,894,500.00. The stock markets that are currently operating and that at the entry into force of this Standard have a minimum subscribed and paid share capital below that established in this Standard must have it paid no later than seven calendar days after the next Ordinary General Shareholders’ Meeting. For the stock markets that are authorized to be established and operate in the country after the entry into force of this Standard, compliance with the updated share capital must be made at the time of its incorporation. Gazette No. 67, Pages 3242 and 3243, of 04/14/2021.

RESOLUTION No. CD-SIBOIF-1240-1-APR06-2021 STANDARD OF IMPOSITION OF SANCTIONS FOR BREACHES IN THE MATTER OF TRANSPARENCY AND PROTECTION TO THE CLIENT AND/OR USER OF FINANCIAL SERVICES. Dated April 6, 2021. The purpose of this Standard is to establish the infractions and sanctions applicable to financial institutions for breach of the obligations established in Law No. 842 and regulatory provisions and instructions of the Superintendent regarding transparency in financial operations and protection of the client and/or user of financial products and services, within the ranges established in articles 122, 123 and 124 of Law No. 842, determined according to the seriousness of the fault, in accordance with the parameters and criteria indicated in this regulation. Gazette No. 73, Pages 3532 to 3537 of 04/22/2021.

RESOLUTION No. CD-SIBOIF-1240-2-APR06-2021 STANDARD OF AMENDMENT TO ARTICLES 1, 3, 5, 49 AND 50 OF THE STANDARD OF TRANSPARENCY IN FINANCIAL OPERATIONS. Dated April 6, 2021. The Standard on Transparency in Financial Operations is reformed in view of the approval of Law No. 1061 “Law of reforms and Addition to Law No. 842 Law of Protection of the Rights of Consumers and Users, to update the following aspects: 1. definitions of client, financial institution, payment services, financial services and user; 2. rights and obligations of clients and users of financial services and providers of these services; and 3. the requirements and procedures to follow for the presentation and admission of claims. Gazette No. 73, Pages 3537 to 3540 of 04/22/2021.

 

CENTRAL BANK OF NICARAGUA

RESOLUTION CD-BCN-XVI-1-21 REGULATION FOR THE ATTENTION OF INQUIRIES, CLAIMS OR COMPLAINTS FROM CONSUMERS OR USERS OF SERVICES AND / OR FINANCIAL PRODUCTS PROVIDED BY SUPPLIER PERSONS SUBJECT TO THE REGULATION OF THE CENTAGUA BANK. Dated April 7, 2021. The purpose of this regulation is to establish mechanisms and procedures for the protection of consumers or users of financial products and services provided by suppliers subject to the regulation of the Central Bank of Nicaragua (BCN), as well as the regime of infractions and sanctions that are subject to these. Gazette No. 72, Pages 3501 to 3507 of 04/21/2021.

RESOLUTION CD-BCN-XVI-4-21 AMENDMENT TO RESOLUTION CD-BCN-XLIV-1-20 “REGULATION OF FINANCIAL TECHNOLOGY PROVIDERS OF PAYMENT SERVICES” Dated April 7, 2021. By means of this resolution, articles 4 and 7 of Resolution CD-BCN-XLIV-1-20 “Regulation of Financial Technology Providers of Payment Services” are amended, articles referring to the requirements to become a provider of financial technology services payment and business plan, respectively; Those who are interested in providing financial technology services for payment services must be constituted as a legal entity whose purpose is to provide payment services or other related financial services. Gazette No. 73, Pages 3531 and 3532 of 04/22/2021.

 

 

NATIONAL MICROFINANCE COMMISSION

RESOLUTION No. CD-CONAMI-009-04MAR23-2021 STANDARD OF PROTECTION AND ATTENTION TO THE USER. Dated March 23, 2021. The purpose of this Standard is to establish the form of application of the provisions referring to the rights of users; the minimum procedures that the IFIMs must apply when receiving, attending to and resolving claims, complaints and queries, formulated by users, that guarantee their proper management; the procedure for dealing with claims not attended to by the IFIMs, within the established deadlines, or in which a negative response has been issued and the user disagrees, that have been filed with CONAMI. As well as the procedure for handling the queries made by users before CONAMI. Gazette No. 78, Pages 3706 to 3719 of 04/29/2021.