Argentina: The Creation Of The Global Investment Advisory Agent

Last Updated: 9 November 2017
Article by Canosa Abogados

The Argentine Securities Commission ("CNV") issued General Resolution No. 710 (the "Resolution") which introduces the concept of the Global Investment Advisory Agent (Agente Asesor Global de Inversiones, the "AAGI"), regulated under Chapter VII, Title VII.

The Resolution introduces the following:

Requirements to be eligible for AAGI: The entity must be a corporation and its purpose must exclusively fall within the allowed activities. The corporation must have an auditing body.

Allowed activities: i) advice on investment in the capital market, ii) management of transaction orders, and (iii) management of investment portfolios, provided there is an express authorization, on behalf of and in the interest of its clients.

Prohibited activities: (i)collecting or making payments of or on behalf of clients, except payments related to the fees of the AAGI, (ii)receiving, delivering or transferring securities of or on behalf of clients, (iii)custody of funds and/or securities of or on behalf of clients, (iv)establishing domicile or developing activities in the domicile of another agent and/or other individuals under the control of the CNV, (v) be a client or holder of a custody account held by the broker dealer (Agente de Liquidación y Compensación, "ALYC") with whom an agreement was entered into, (vi) offering securities to the public without having the authorization for public offering in Argentina, (vii) giving instructions about products of countries not included within the list of cooperative countries (pursuant to Subsection b, section 2 of Decree No. 589/2013), (viii)operating with ALYC in Argentina and/or a foreign broker dealer of the same economic group when the AAGI has discretionary powers to manage the portfolios, (ix)performing any activity subject to the CNV control, (x)registration in other categories of agents and/or individuals under control.

Net worth. AAGI´s net worth must never be less than $2,500,000.

Clients' risk profile. The information of each client´s risk profile will help AAGI to operate correctly and do an efficient work. The risk profile is important to take certain economic decisions. In addition, if the AAGI decides not to acquire a financial instrument because it is not consistent with its risk profile but the client insists on doing so, then the client will have to expressly state his/her decision to participate in said business.

The AAGI must revise the clients' profile at least once a year, notice of which must be served to the client.

The risk profile must include: (i) the client´s experience in investment in the capital market, (ii) the client´s knowledge of the instruments available in the capital market as well as the offered/requested instrument, (iii) the client´s investment purpose, (iv) the client´s financial position, (v) the client´s investment horizon, (vi) the client´s percentage of savings aimed at the investment, (vii) the client´s percentage of savings he is willing to put at risk, and (viii) any other important circumstance to evaluate whether the investment is appropriate for the client.

Clients' file. The AAGI must have a file for each client of portfolio management, which must include at least the following: (a) documentation evidencing the identity of the clients and information about the economic/professional activity, background and any other specific conditions, (b) agreement with the client which must include the minimum rules set forth by the CNV Rules for the agreements for opening accounts and the amendments and/or termination, (c) the client´s risk profile or risk tolerance, which must be updated at least on an annual basis, (d) any other supporting documentation.

Agreements between agents. The AAGI must enter into agreements with one or more ALYC registered in the CNV to develop its activities in Argentina. These agreements must clearly specify the scope of each of the activities to be developed by the parties.

Liability.AAGI will be exclusively liable for the management, clients' advice and the management of portfolios, while the ALYC will be liable to the clients for the acts requested by the AAGI as to the operation, notwithstanding the liability of AAGI for the development of its activity.

AAGI and foreign broker dealers. The instructions to be made in foreign markets may be made through the ALYC with whom the AAGI has entered into an agreement, or by the broker dealers located abroad, provided they are regulated by a Securities and Exchange Commission or a controlling body and are from countries included in the list of cooperative countries set forth in Subsection b, Section 2 of Decree No. 589/2013. When the operations to be performed in foreign markets are requested to foreign broker dealers, the AAGI must enter into an agreement with them. These agreements must be at CNV disposal.

Documentation about transactions made abroad. The AAGI will be liable for keeping the receipts, supporting documentation and information sent by ALYC or foreign broker dealers; a copy of which must be at the client´s disposal.

Commissions. The AAGI may receive a fee for the exercise of its activities, as previously and expressly agreed with its clients. Moreover, the AAGI may receive from the ALYC and/or the foreign broker dealer with whom the AAGI has entered into an agreement, a percentage of the commissions earned for the registration of the clients' operations, which must be made by a commission assignment entered into between the broker dealers and the AAGI.

Instructions sent by computer systems. When the instructions to operate are made through computer systems, the AAGI must have the manual of the computer system used.

Information regime. The AAGI must inform: i) the annual financial statements within seventy (70) calendar days as from the closing date, together with the auditing report (executed by an independent public accountant and certified by the relevant accountants' association) and the minutes of the management and auditing body approving them; ii) every three months, and within ten (10) days after the end of each trimester; a)the assessment- as at the last day of the trimester- of the total amount of the portfolio, indicating its composition in detail, and b) the number of clients, indicating whether they are individuals or legal persons, their country of residence, and participation in the total amount of the portfolio.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions