The new regulatory and contractual paradigms of banking, financial and securities law at present

Abstract

This essay analyzes the current orientations and future developments of banking, financial, and securities law; it also highlights their notable complementarity and the connection between the different regulatory and contractual paradigms. Monetary and financial stability is essential for the development of business financing within the financial system and the securities market, which require clear rules, continuity in macroeconomic policies, and support for private investment. The State’s financial policy, through the Ministry of Economy and Finance, integrates sound fiscal, budgetary, debt, and public investment policies, which contribute to greater tax collection, thereby enabling the financing of education, health, security, justice, employment promotion, and public services. The Superintendency of Banking, Insurance and AFP (SBS) on behalf of the State, oversees the companies within the financial and pension system, ensuring that their organizers meet the legal solvency requirements for their operation. These entities must operate in accordance with the Constitution, national banking legislation, and the Basel Accord, respecting banking secrecy, credit guarantees, consumer protection in financial services, risk management, and transparency in their activities. Likewise, the SBS regulates and supervises pension fund administrators (AFP), ensuring adequate conditions for their clients.