Régimen de responsabilidad de las sociedades gerentes y depositarias de los FCI
Author | Gabriel Matarasso |
Date | 04 September 2018 |
Published date | 04 September 2018 |
Law Firm | Marval O'Farrell Mairal |
El 17 de agosto de 2018, la Comisión Nacional de Valores (CNV) publicó la Resolución General N° 759/2018 en el Boletín Oficial, la cual adapta las Normas de la CNV (Nuevo Texto 2013 y modificatorias) a los cambios en el régimen de responsabilidad de las sociedades gerentes y depositarias de los fondos comunes de inversión (“FCI”), introducidos por la Ley de Financiamiento Productivo N° 27.440 a la Ley de Fondos Comunes de Inversión N° 24.083.
El régimen anterior de la Ley N° 24.083 establecía la responsabilidad solidaria entre la sociedad gerente y la depositaria. Dicho régimen quedó derogado por la Ley N° 27.440.
Como consecuencia de ello, la CNV actualizó también sus normas estableciendo que ambas sociedades son responsables, de manera individual y separada, de los perjuicios que puedan ocasionarse a los cuotapartistas por el incumplimiento de las obligaciones inherentes a cada una de ellas derivadas de la normativa aplicable, del reglamento de gestión y del prospecto de oferta pública.
Además, entre otros puntos, dispone que los excesos que se...
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