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Inter-fund Sales, Sartor Case, and Continuation Fund (V): Exegesis of Article 22, Letter g), of the Chilean Funds Act
The Chilean Single Funds Act (*Ley única de fondos* - LUF) prescribes in Article 22, letter g), without prejudice to other prohibitions contained in other laws, that acts or omissions committed by management companies and, as applicable in each case, by persons participating in the fund's investment decisions or who, by reason of their office or position, have access to information regarding the fund's investments, which entail a breach of the following prohibition, are contr
4 days ago6 min read
Betting on Stability
Selling insurance against the risk of sudden price movements is a relatively simple trade to set up and access as an instrument. When the market is calm, it is also profitable. It allows for the accumulation of additional yields, especially when there were bonds with very low yields. We are talking about the volatility carry. The trade seeks to collect an insurance premium (not in a legal sense) from investors who want to pay for protection through derivatives—in this case, o
Oct 24 min read
Capital Markets: Legal Certainty Isn't Everything, but It's Almost Everything. The Repo Example
In capital markets, where financial resources are allocated and exchanged, there are at least two indispensable elements among many others: speed and certainty. With regard to the latter, while projections, models, and discount rates certainly matter, the final word ultimately belongs to the law. Can we enforce payment? Can we assert our rights? Is the instrument through which capital is deployed legally valid? A key component of the financial system illustrates this point we
Sep 305 min read
Sales Between Funds, the Sartor Case, and Continuation Funds (IV): An Exegesis of Article 22(g) of the Chilean Funds Act
Chile's Single Funds Act (Ley Única de Fondos, LUF) provides, in Article 22(g), that, without prejudice to the other prohibitions established in other laws, the following actions or omissions are contrary to the LUF when carried out by fund managers and, where applicable, by persons participating in the fund's investment decisions or who, by virtue of their position, have access to information regarding the fund's investments: engaging in conduct that violates the following p
Sep 257 min read
Cintac S.A., offering of shares and securities
The Chilean steel specialist company, Cintac, listed on the Santiago Stock Exchange (Nuam), has decided to delist and exit the public markets. Let us recall that corporations (S.A.) must list their shares, becoming publicly traded, only if they have more than 2,000 shareholders. In addition, the Financial Market Commission (CMF) can increase this number, provided that public trust is not compromised by doing so, taking into consideration the type of shareholder, the nature of
Sep 237 min read
Rapid shocks. The Covid example
Instead of prolonged crises, capital markets suffer highly destructive hits in very short periods of time. This is not a statistical oddity or the quants’ fault. These events tend to be idiosyncratic and strongly procyclical, amplifying calm and triggering sudden sell-offs. The S&P 500’s volatility shows better averages but very volatile margins at its levels. A good example is Covid. The calm that preceded it is striking. Although the VIX warned us of the recession risk the
Sep 114 min read
Applicable Law to the Orionx Case in Chile
The new securities regimes, in general, aim to increase investment offerings, facilitate capital formation, and foster innovation. This must be accompanied by adequate investor protection, insofar as attention has been paid to the information provided to decide on an investment. Here we refer especially to the crypto industry, as a new capital regime. Jurisdictions have not decided to fully subject these assets to securities regimes or financial law in general. The reason for
Sep 96 min read
Sales between funds, Sartor and Continuation Fund case (III): exegesis of article 22, letter g), of the Chilean funds law
Rule The rule we are analyzing tells us that, without prejudice to other prohibitions contained in other laws, the following acts or omissions carried out by the administrators and, as applicable in each case, by the persons who participate in the fund’s investment decisions or who, by reason of their office or position, have access to information about the fund’s investments, are contrary to the Single Funds Law (LUF). The rule then lists such prohibitions, among them paragr
Sep 46 min read
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