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Investmaent Funds

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Submitted By danrei
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I. Introducción

Recientemente, y a consecuencia de las facultades legislativas que el Congreso de la República delegó en el Ejecutivo para la implementación del Acuerdo de Promoción Comercial Perú - Estados Unidos, se publicó en el Diario Oficial El Peruano el Decreto Legislativo No. 1046 (el “DL 1046”), que modificó siete (7) artículos de la Ley de Fondos de Inversión y sus Sociedades Administradoras, aprobada por Decreto Legislativo No. 862 (la “Ley”).

Dichas modificaciones pueden ser divididas en dos partes: (i) la primera vinculada al régimen general que aplica a todos los Fondos de Inversión (los “Fondos”) así como a todas las Sociedades Administradoras de Fondos de Inversión (“SAFIs”) sin distinción alguna; y, (ii) la segunda relacionada al régimen especial contenido en la Ley aplicable únicamente a los Fondos cuyas cuotas de participación han sido colocadas por oferta pública, así como a las SAFIs administradoras de dicha clase de fondos.

Posteriormente, y con el objeto de adecuar las disposiciones del Reglamento de Fondos de Inversión y sus Sociedades Administradoras, aprobado por Resolución CONASEV No. 042-2003-EF-94.10 (el “Reglamento”), a los cambios introducidos por el DL 1046, el 31 de diciembre de 2008 CONASEV publicó en el Diario Oficial El Peruano la Resolución CONASEV No. 081-2008-EF/94.01.1 que modificó el Reglamento sustituyendo e incorporando nuevos artículos al mismo (la “Resolución”).

El presente artículo analiza las principales modificaciones legislativas producidas en virtud de la expedición y entrada en vigencia del DL 1046 y de la Resolución, con el objeto de verificar la legalidad de estas y las principales implicancias jurídicas y prácticas que las mismas podrían producir en el mercado de Fondos

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