Collective investment entities are regulated by the Collective Investment Entities Law2 and the Securities Market Law3, and are defined as those institutions that channel the contributions of investors destined to constitute a capital or common equity, made up of a portfolio of securities or other assets. Investment units are the different types of securities issued by collective investment entities, such as shares, quotas, participations or other instruments that confer rights to investors regarding the ownership and returns of capital or assets of the respective entity in proportion to their investments (article two, Collective Investment Entities Law).
Collective investment entities must comply with certain requirements for their operation (article 12, Collective Investment Entities Law) and must be incorporated through a public offering (article 14, Collective Investment Entities Law). According to their specific nature, they may invest in any movable or real estate property, including, but not limited to, securities or other rights issued by legal entities, public or private, in local or foreign currency, located abroad or in the country. Likewise, collective investment entities may invest in risk capital (article five, Collective Investment Entities Law).
According to the authorization of SUNAVAL, the funds received from the issuance of investment units will be invested in real estate assets, boosting the construction and real estate sectors.
With this issuance, collective investment entities reappear as financing vehicles promoted by stock market operators, which represents a new business opportunity for the real estate and capital market sectors.
Click here to read the alert in Spanish.
1 Read further here and here.
2 Collective Investment Entities Law published in the Official Gazette No. 36,027 of 22 August of 1996.
3 Securities Market Law published in the Official Gazette No. 6,211 of 30 December of 2015.
