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Chile

The Securities Market Act and the Competition Act govern specific public offerings and promote free competition in the markets.

Overview: This law governs the public offering of securities, secondary markets, stock exchanges, brokers and other matters. In addition, it applies to banks that are authorized to act as securities intermediaries.

  • Article 15: A security will be cancelled in the Securities Registry if, when offered on the market, the issuer disseminates false news or propaganda. 
  • Article 39: Stock exchanges shall regulate their stock market activity and that of stockbrokers, monitoring their strict compliance in order to ensure the existence of an equitable, competitive, orderly and transparent market. 
  • Article 44: Stock exchanges must have rules to promote fair and equitable principles in stock market transactions and to protect investors from fraud and other illegitimate practices. 
  • Article 53: It is contrary to this law to make quotations or fictitious transactions with respect to any security, whether the transactions are carried out in the stock market or through private negotiations. No person may engage in transactions or induce or attempt to induce the purchase or sale of securities, governed by or not by this law, by means of any deceptive or fraudulent act, practice, mechanism or artifice. 
  • Article 61. Whoever, in order to mislead the stock market, disseminates false information, or a tendentious one, even if he does not thereby seek to obtain advantages or benefits for himself or others, shall suffer the penalty of minor imprisonment in its minimum to medium degrees. … in addition to the penalties provided for therein, the accessory penalty of special disqualification from practicing the profession may be imposed if the perpetrator has acted on the basis of his professional status; or the special disqualification of five to ten years to serve as manager, director, liquidator or administrator in any capacity of a company or entity subject to supervision by the respective Superintendence. 
  • Article 65: The advertising, advertising and dissemination by any means made by issuers, securities intermediaries, stock exchanges, securities dealer corporations and any other persons or entities involved in an issue or placement of securities, may not contain statements, allusions or representations that are likely to mislead, mislead or confuse the public as to the nature,  prices, profitability, redemptions, liquidity, guarantees or any other characteristics of publicly offered securities or their issuers. 
  • Article 165: Prohibits the use of inside information. 
  • Article 166: Defines the persons who are presumed to possess privileged information. 

Overview: The purpose of this law is to promote and defend free competition in the markets.

  • Article 3: 
    • Concerted agreements or practices among competitors, and which consist of fixing sale or purchase prices, limiting output, assignment of market zones or quotas, affecting the outcome of tender processes, as well as concerted agreements that, conferring market power to the competitors, consist of the determination of marketing terms and conditions, or the exclusion of current or potential competitors.
    • Abusive exploitation, by an economic agent or a group thereof, of a dominant market position, fixing purchase or sale prices, tying the sale of two or more products, assigning market zones or quotas, or imposing other similar forms of abuse.
    • Predatory pricing or unfair competition practices deployed to obtain, maintain or increase a dominant position. 
  • Article 62: Establishes criminal sanctions for violating Article 3. 

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Crypto Regulation Guide: Central and South America

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Stay up to date with evolving crypto regulations.

 

 

 

Breaking down the BSM alert guide for Brazil’s surveillance practitioners

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