Canada    FinTech Guide    Chapter 2    Colombia

2. Asset and Portfolio Management
Colombia  Colombia

Article 335 of the Colombian Constitution states that financial, stock market, and insurance activities and any other activity related with the management, use and investment of funds collected from the public are of public interest and can only be performed with the prior authorization of the Colombian State.

Legal Affairs

There is no specific regulation in Colombia regarding FinTechs offering asset and portfolio management services via an internet platform or software programs. Therefore, FinTechs or other companies offering asset and portfolio management services via an internet platform or software programs to manage and dispose of the assets of their customers will require an authorization from the Colombian State.

In addition, according to Decree 2555 of 2010, portfolios can only be managed by stockbroker companies, trust companies or investment management companies duly authorized by the Colombian Finance Superintendency.

Economic Conditions

According to Dinero magazine, at the end of July 2017, the fiduciary management industry (which provide asset and portfolio management services) presented profits of COP$330,580 million (approximately USD$120 million), with an annual growth of 25.8%.

Also, the assets managed by trust companies grew at an annual rate of 19.9% and reached a percentage equivalent to 54% of GDP, while the value of the investment portfolio amounted to COP$260 billion.

According to Colombia Fintech (The Association of Fintech Companies of Colombia), the Financial Regulation Unit of the Ministry of Finance of Colombia proposed a regulatory agenda for 2018, with the purpose of turning Colombia the first Fintech-friendly country in Latin America.

Pursuant to a research carried-out by the Inter-American Development Bank which identified 703 Fintech startups located in 15 out of the 18 countries in Latin America in which the survey was conducted, Brazil provided the largest number of startups to the mentioned-poll (230), followed by Mexico (180) and in the third place was Colombia (84). This research showed the potential and opportunities of the Fintech industry in Colombia.

Finally, please note that the Colombian Finance Superintendency just launched the first regulatory sandbox in Colombia to facilitate the innovation in the Colombian financial industry.

Contributing Authors

Parra Rodríguez Abogados S.A.S.

Alvaro Parra Gómez
Bogota, Colombia

Bernardo Rodríguez Ossa
Bogota, Colombia

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Chapter Index:

1. Payment Services / Mobile Payment

2. Asset and Portfolio Management

3. Consulting and Broking Services / Robo-advisory / Auto-trading

4. Trading Platforms / Social Trading Platforms / Signal Following

5. Crowdfunding / Crowdinvesting / Crowdlending

6. Virtual Currency - Bitcoin

7. Loan Services / Factoring / Loan Broking / Finetrading

8. Online Banking Services

9. Analytics and Research / Data Management / Risk Management

10. Accounting

11. Identification

12. Online-pawning

13. InsurTech

14. RegTech

15. Initial Coin Offerings (ICOs)

The information in this guide provides a general overview at the time of publication and is not intended to be a comprehensive review of all legal developments nor should it be taken as opinion or legal advice on the matters covered. It is for general information purposes only and readers should take legal advice from a Multilaw member firm.

Publication Date: 1 May 2018