The Commission on Technology, Tourism and Investment of the Legislative Assembly of El Salvador received an initiative from the Ministry of Economy of El Salvador to create banks whose clients must own at least $250 thousand in capital.
The Government of El Salvador has asked the Legislative Assembly to approve reform of the Banking Law to include legislation governing the establishment and operation of private investment banks in the country.
In this initiative, the government of El Salvador defines private investment banks as “a critical international tool that promotes economic development and facilitates the channeling of financial resources to business and government projects that ultimately contribute to the growth of the country’s wealth.”
The banking law, in force in the country since 1999, currently does not provide for regulation of the activities of banks of this type. Thus, the reform consists of the inclusion of 14 articles and the reform of two other existing ones in order to establish how banks of this type will operate in the country.
The initiative will regulate that banks are created as public limited liability companies with variable capital and a minimum of two shareholders.
To operate, such a bank must have a minimum share capital equivalent to $50 million, “payable at the time of registration in legal tender.”
The Bank can carry out active and passive transactions, such as economic risk management, purchasing financial products, investment management, hedging and other derivative financial instruments.
These transactions, as stated in proposed Section 183-G, may be carried out “in any legal tender.”
In El Salvador, legal tender is the dollar, and as of 2021, bitcoin. The law also provides that transactions can be carried out using stablecoins.
Another feature that these banks will have is that their services will not be open to the entire population of El Salvador, but will be exclusive to clients who must previously be “qualified investors“.
The proposal under Article 183-B states that natural or legal persons may be treated as such. To do this, they must meet four requirements.
The first three requirements are: have knowledge and experience about investments and/or financial transactions, be able to evaluate investment risks and results, and be able to accept the risks of transactions carried out independently and possible losses.
This individual must also meet one of two requirements: first, have freely available assets worth $250 thousand.
Another option is to have an asset of $500 million available.
The MPs noted that the Government is “creating a mechanism to facilitate bitcoin transactions so that this bank can manage financial products, cover risks and provide loans. This, if it makes any sense, is to create an intermediary financial figure for these investors in support of crypto assets and in digital assets."
sourceSince this is a bill from the Government of El Salvador, I have no doubt that it will be approved by the Legislative Assembly of the country and come into force fairly soon.
Of course, everything is calculated to attract investors in cryptocurrencies.