This content is from: Local Insights

Colombia: New investment regime for pension funds

Brigard Urrutia lawyers explain what pension fund administrators need to know about the new framework

The Colombian Ministry of Finance and Public Credit and the Financial Regulation Unit recently published a draft decree to reform the legal investment regime applicable to pension fund administrators, insurance, and capitalisation companies.

The proposed amendment seeks to reflect some of the guidelines set by the Capital Market Mission back in 2019. In this regard, the document introduces enhanced flexibility in the investment regime, granting entities greater freedom in the management and investment processes. An example of this is the abolition of specific investment limits applicable to certain assets or to an individual issuance, allowing the pension fund's investment committee and board of directors to set forth such restrictions.

Likewise, the reform proposes changes related to infrastructure private equity funds, establishing new criteria for them to be deemed as eligible investments. Similarly, the risk management control is transformed, shifting the investment limits measurement from the oversight of investment vehicles such as private equity funds, to the direct revision of the underlying assets in which these vehicles invest.

Although the draft decree will be subject to comments and adjustments derived from the opinion and perspective of the local industry, the proposal raises other important issues – such as the possibility of these institutional investors to invest in debt funds, and the incorporation of a more lenient regime that may contribute to meet the goals set by the Capital Market Mission, and to strengthen the local economy.

Carlos
Fradique-Méndez
Miguel Londoño

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