I.- FINANCIAL, INSURANCE AND SECURITIES MARKETS
1.- REGULATIONS FOR THE APPLICATION OF THE RULES FOR INSURANCE COMPANIES AND REINSURANCE COMPANIES ON THE PREVENTION OF MONEY LAUNDERING, FINANCING OF TERRORISM AND OTHER CRIMES.
Resolution No. SCVS-DNPLA-2022-0007, issued by the Superintendence of Companies, Securities and Insurance, published the regulations for the application of the rules for insurance companies and reinsurance companies on the prevention of money laundering, financing of terrorism and other crimes.
These regulations establish the provisions to be followed by insurance companies for the application of the “System for the Prevention and Management of Risks of Money Laundering, Financing of Terrorism and Other Crimes” (SPARLAFTD).
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2.- REGULATIONS FOR THE CONTROL AND PREVENTION OF MONEY LAUNDERING AND TERRORIST FINANCING AND OTHER CRIMES IN THE SECURITIES MARKET SECTOR
Resolution No. SCVS-DNPLA-2022-0006, issued by the Superintendence of Companies, Securities and Insurance, published the “Rules for the control and prevention of money laundering and financing of terrorism and other crimes in the securities market sector”.
These rules regulate the policies, procedures and mechanisms to prevent money laundering, financing of terrorism and other crimes, which must be observed by the regulated entities that belong to the securities market sector, under the supervision and control of the Superintendence of Companies, Securities and Insurance, particularly the Stock Exchanges, Securities Brokerage Firms, Fund Administrators and Trusts.
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3.- REGULATION ON THE REQUIREMENTS TO BE INCLUDED IN THE APPOINTMENT OF THE LEGAL REPRESENTATIVE AND THE POWER OF ATTORNEY OF THE COMMERCIAL AGENT OF COMPANIES
Through Resolution No. SCVS-INC-DNCDN-2022-0008, issued by the Superintendence of Companies, Securities and Insurance, the “Regulation on the requirements that the appointment of the legal representative and the power of attorney of the commercial agent of companies must contain” was issued.
This regulation establishes new requirements for the issuance of appointments of legal representatives and powers of attorney of commercial agents of companies.
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4.- REGULATIONS FOR THE ORGANIZATION AND OPERATION OF THE REGISTER OF COMPANIES
Through Resolution No. SCVS-INC-DNCDN-2022-0009, issued by the Superintendence of Companies, Securities and Insurance, the “Regulation for the organization and operation of the Registry of Companies” was issued.
This regulation establishes new parameters for the organization and operation of the Registry of Companies under the responsibility of the Superintendence of Companies, Securities and Insurance.
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REGULATION ON GENERAL MEETINGS OR GENERAL ASSEMBLY OF PARTNERS AND SHAREHOLDERS OF LIMITED LIABILITY COMPANIES, JOINT STOCK COMPANIES, LIMITED JOINT STOCK COMPANIES, MIXED ECONOMY COMPANIES AND SIMPLIFIED JOINT STOCK COMPANIES.
Resolution No. SCVS-INC-DNCDN-2022-0010, issued by the Superintendence of Companies, Securities and Insurance, issued the “Regulations on general meetings or general assembly of partners and shareholders of limited liability companies, corporations, joint stock companies, mixed economy companies and simplified joint stock companies”.
These regulations establish the parameters for: the notice of general meetings; other means of dissemination of the announcement of the notice; content of the notice; information related to the matters on the agenda; characteristics of the notice by press; time between the notice and the holding of the meeting; time for the second or third notice; request for the Superintendent, or his delegate, to convene the general meeting; manner of summoning the commissioners; request for the Superintendent of Companies, Securities and Insurance, or his delegate, to attend the meeting; waiver of the summons; right of the partners or minority shareholders to include additional items to the agenda or to request corrections to the items on the agenda; among other aspects.
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II.- TAX
1.- INSTRUCTIONS FOR THE APPLICATION OF THE TRANSACTION IN TAX MATTERS (Version 1.0)
Through Resolution No. NAC-DGERCGC22-00000036, issued by the Internal Revenue Service, the instructions for the application of the tax transaction were approved.
The IRS, by means of this regulation establishes the conditions and provisions to be followed in all mediation processes in which this Tax Administration participates.
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2.- AMENDMENTS TO THE SPECIAL RULES FOR INCOME TAX AND VALUE ADDED TAX WITHHOLDINGS AT SOURCE, APPLICABLE TO PAYMENT AGGREGATORS AND ONLINE MARKETPLACES
Resolution No. NAC-DGERCGC22-00000035, issued by the Internal Revenue Service, amends Resolution No. NAC-DGERCGC21-00000026, which established the special rules for Income Tax and Value Added Tax withholdings at source, applicable to payment aggregators and online marketplaces.
The Internal Revenue Service, through this administrative resolution determines new conditions for the application of withholdings at source and VAT for payment aggregators and online marketplaces.
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3.- AMENDMENTS TO THE RULES GOVERNING THE PROCEDURE FOR REQUESTING AND GRANTING PAYMENT FACILITIES
Resolution No. NAC-DGERCGC22-00000034, issued by the Internal Revenue Service, amends Resolution No. NAC-DGERCGC15-00000249, published in the Supplement to the Official Gazette No. 469 of March 30, 2015, which resolves to issue the rules that regulate the procedure for requesting and granting payment facilities.
The Internal Revenue Service, through this regulation determines that “in cases in which taxpayers incur in arrears in the payment of installments subject to payment facilities, and do not cancel the same within 20 business days counted from the due date of the respective installment, the Tax Administration will extend ex officio such term for an additional 20 business days, for the payment of the dividend in arrears as indicated in the second paragraph of article 156 of the Tax Code”.
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DISCLAIMER: The text contained in this newsletter is for informational purposes only. Lince – Saltos & Asociados is not and shall not be liable for any loss or damage caused as a consequence of having acted or failed to act on the basis of the contents of any of the notes contained herein.
