3. What types of activities require a license in your jurisdiction?
What types of activities require a license in your jurisdiction?

Based on constitutional mandates, Colombia regulates a broad range of activities, which require the SFCs authorization and often, the setting up of a local, regulated entity. Relevant examples are as follows:

  • Banking activities involving accepting deposits (which covers banks in general and an array of other deposit-taking institutions)
  • Lending in general, when the sums originate in funds collected from the public
  • Carrying out insurance and reinsurance in general
  • Carrying out insurance and reinsurance intermediation
  • Intermediation of publicly traded securities (which covers, among others, broker-dealers, providing securities investment advice and providing activities ancillary to securities markets such as custody, registration of transactions, settlement and self-regulation)
  • Infrastructure providers (which covers electronic payment services, rating agencies and delivery of detailed market information, among others)
  • Trust services (which may collect funds from the public)
  • Bonded warehouses
  • Investment management (which may be carried out by an array of institutions, such as broker-dealers, pension funds and trust companies)
  • Financial cooperatives
  • Management of pension funds
  • Promotion of non-Colombian financial/capital market services and products in Colombia
Note that proprietary sale and/or purchase of cryptoassets and cryptocurrencies is considered a non-regulated activity under current law and the Colombian central bank has stated in non-binding opinions that the cryptocurrencies are not currencies. However, following a number of supervisory recommendations and opinions, financial institutions are mostly barred from investing in or trading with cryptoassets.