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Decreen No. 694
THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR
CONSIDERING
- That by Legislative Decree N0 809, of February 16, 1994,
published in the Official Newspaper N0. 73-bis, vol.e 323, of
April 21, 1994, the Law of the Securities Market was issued.
- That having in consideration the financial difficulties that
face several of the participants of this market to fulfill with
one provision of the Law of the Securities Market, specifically
the one that refers to the constant value of capital, it is
necessary to issue a Section of transitory character that solves
this problem.
THEREFORE
In use of constitutional powers and to upon initiative of the
President of the Republic, by means of the Minister of Economy, and
the Representative Carmen Elena Calderón de Escalón,
It DECREES, the following:
Transition Provision to the Law of the Securities
Market
Sect. 1.- The update of the amount of minimum capitals of
foundation referred to by Section '98, will become effective
starting from the month of April of 1998, except for additional
capital stock of the houses that carry out operations of portfolio
management contemplated in paragraph a) of Sect. 113, el which must
be adjusted according to what is specified in the indicated sect.
98.
Sect. 2.- The present Decree will enter in validity the day of
its publication in the Official Newspaper.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador,
twenty fifth of April of one thousand nine hundred ninety six.
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Mercedes Gloria Salguero Gross,
President. |
Ana Guadalupe Martínez Menéndez
Vice-president
José Rafael Zelaya Machuca,
Vice-president.
José Eduardo Sancho Castañeda,
Secretary.
Carmen Elena Calderón de Escalón
Secretary. |
Alfonso Arístides Alvarenga,
Vice-president.
Julio Antonio Gamero Quintanilla,
Vice-president.
Gustavo Rogelio Salinas Olmedo,
Secretary,
Walter René Araujo Morales,
Secretary. |
René Mario Figueroa Figueroa,
Secretary. |
PRESIDENTIAL HOUSE: San Salvador, sixth of May of one thousand
nine hundred ninety six.
LET IT BE PUBLISHED,
ARMANDO CALDERON SOL
President of the Republic.
EDUARDO ZABLAH TOUCHE H.,
Minister of Economy.
* Published in the Official Newspaper #90, T. 331, of May 17,
1996.
TRANSITION (2)
Sect.44 regulations, instructions, resolutions and other
agreements issued by the Superintendence of the Financial System,
concening the stock market will maintain their validity in all that
is not opposed to this law, while they are not derogated or
modified.
Sect.45 Insert between Sects. 119 and 120 the following section:
Sect.119-A The president of the Republic will decree the
Regulation of the Law of the Securities Market.
TRANSITION (3)
Sect. 7.- During a term that will end on March 31, 1999, the
requirement consisting of the obligatory classification of risk for
securities registered in A stock exchange and contemplated in
paragraph k) of Sect. 9 of the Law of the securities market and
reformed by this decree, won't be demanded from Issuers of
securities who will submit their issues voluntarily for
classification of risk during this period.
Sect. 8.- It is derogated Sect. 43 of Legislative Decree Not. 925
of December 19, 1996, published in the Official Newspaper No. 25,
Vol. 334, of February 7, 1996.
Sect. 9.- Brokerage Houses that to the date of validity of the
present Decree are managing portfolios, and don't comply with the
limits to the percentages of investments and capital pointed out in
this Decree and the norms issued by the Superintendence, will have a
term of up to 360 days to comply, starting from the validity of this
Decree; whenever they give to the Superintendence a compliance
program during the fifteen days following the date of validity of
the present Decree. The reduction of the excesses of investments of
the different portfolios, will be made, at least, by twenty-five
percent quarterly, and should be complete during the indicated term.
Brokerage Houses that don't comply with the limits and with the
reduction plan must suspend their operations of portfolio management
until their regularization is complet, without prejudice of the
corresponding sanctions.
Sect. 10.- Brokerage Houses that to the date of validity of the
present Decree, don't comply the limit of repurchase agreements
specified in this Decree, must, during a period of thirty days
starting from its validity, turn into own the surpluses over the
established limit. Securities that are acquired as consequence of
this operation, may be sold later to the diverse options of the
managed portfolio, whenever the operation is carried out by means of
a stock exchange.
Brokerage Houses that turn into own the surpluses over the
established limit in repurchase agreements for portfolios, will have
three hundred sixty days starting from the validity of this Decree,
to adjust to the established levels of indebtedness; whenever they
give to the Superintendence a compliance program during the fifteen
days following the date of validity of the present Decree. The
reduction of the surpluses at the established levels of
indebtedness, will be made, at least, by twenty-five percent
quarterly, and should be complete before the end of the indicated
term.
Sect.11. - The provisions contained in the present Decree will be
of no effect when the special law that regulates these operations is
promulgated.

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