The legal framework regarding banking and financial activities in Argentina is mainly provided by the following regulations:
- Financial Entities Act No. 21,526 – The objective of this regulation is to provide for the establishment and operation of entities providing financial services, whether private or public, state or mixed in nature. The Financial Entities Act regulates financial entities’ organization, authorization and operational requirements as well as obligations and their permitted and prohibited activities. It also establishes sanctions for non-compliance, which include warnings, fines, disqualifications, and revocation of the license to operate as a financial entity.
- Argentine Central Bank’s Charter Act No. 24,144 – This regulation provides for the general organization of the Argentine Central Bank, its functions, rights and duties. It aims to promote monetary and financial stability, employment and economic development with social equity to the extent possible within the policy framework established by the national government.
- Argentine Central Bank’s implementing regulations – The Argentine Central Bank issues several resolutions to further regulate and implement the financial system in Argentina. These relate to all aspects of banking and financial activities aimed to facilitate the understanding and monitoring of regulations.
- Capital Market Act No. 26,831 – This regulates public and private offerings in Argentina and establishes the Argentine Securities Commission as the regulatory authority for the public market.
- Productive Financing Act No. 27,440 – This regulates derivatives operations, among others, and establishes the Argentine Securities Commission as the regulatory authority for the derivative market.
- Argentine Securities Commission’s implementing regulations – The Argentine Securities Commission is the official body responsible for the promotion, supervision and control of stock markets. The main purpose of this Commission is to safeguard investors’ and shareholders’ interests.
- AML Act No. 25,246 – This Act regulates AML/FT reporting duties for certain obliged entities, such as financial institutions, broker agents and virtual asset services providers (VASPs). It establishes the Financial Information Unit within the Ministry of Justice and Human Rights capable of issuing specific regulations tailored to each obliged entity.
- Financial Information Unit's implementing regulations – The Unit is the oversight body responsible for enforcing the AML Act No. 25,246 which issues specific regulations that must be complied with by obliged entities in AML/FT matters.