Generated
1479 chars
(no TITLE: in output)
I appreciate the detailed instructions, but I must note that the source material provided does not contain substantive regulatory content. The webpage excerpt consists entirely of navigation menus, file metadata, and document management system information from Colombia's Ministry of Finance and Public Credit website.
The only identifiable regulatory artifact is:
**DECRETO No. 0978 DEL 4 DE AGOSTO DE 2026** (Decree No. 0978 of August 4, 2026)
However, the actual content of this decree is not included in the provided material—only its file properties (7 MB PDF, created August 5, 2026, modified by Fabio Cardozo) are visible.
**I cannot generate a meaningful Horizon Scanning update** because:
1. The decree's substantive provisions are not disclosed in the source material
2. No regulatory changes, requirements, or policy objectives are described
3. The document title alone provides insufficient detail to summarize its purpose or impact
4. No effective dates, applicability scope, or stakeholder guidance are evident
**To proceed, I would need:**
- The actual text or summary of Decree No. 0978's regulatory provisions
- Clarification of its subject matter (taxation, financial regulation, institutional restructuring, etc.)
- Any accompanying explanatory documents or press releases
If you can provide the substantive content of this decree or an alternative source document with regulatory detail, I will generate a compliant Horizon Scanning update immediately.
Published
6828 chars · nid 94519
Colombian Ministry of Finance and Public Credit Issues Decree Establishing a Securitisation Framework for MSME Assets
On August 4, 2026, the Ministry of Finance and Public Credit of Colombia issued Decree 0978 of 2026, to establish a special regulatory framework for the securitisation of assets originated by micro, small and medium-sized enterprises (MSMEs). The Decree also amends Decree 2555 of 2010.
Key provisions include:
Eligible administrators and legal vehicles: Trust companies and non-mortgage asset securitisation companies are authorised to administer MSME securitisation processes. The securitisation may be structured through universalities created by non-mortgage asset securitisation companies or through autonomous trusts created by trust companies pursuant to irrevocable trust agreements.
Eligible underlying assets: Underlying assets must correspond to any economic right that allows the MSME originator to demand payment of a sum of money from a third party in the course of its corporate purpose, including credit portfolios, credit documents, real estate assets, agricultural and agro-industrial products and other commodities, rents, and determinable cash flows based on statistics or projections. Assets may not include mortgage assets. They must generate actual or future cash flows assignable to the universality or autonomous trust, and must be transferable in accordance with applicable law.
Cash flow methodology: Underlying assets must generate a current or future cash flow to fund payment of the titles issued. A mathematical or statistical estimation method consistent with generally accepted accounting principles must be defined and applied to determine that cash flow, and may be determined by the administrator, the originator, or a designated third party.
Asset transfer: Transfer of underlying assets and their supporting documentation does not produce novation and is perfected exclusively through transfer of the representative title of the right over the asset or by assignment of the originating contract.
Automatic registration and public offering: Titles issued in MSME securitisation processes covered by Title 12 will be automatically registered in the National Registry of Securities and Issuers (Registro Nacional de Valores y Emisores or RNVE) and their public offering authorised, subject to prior submission of the required documentation. The Financial Superintendency of Colombia may review the documentation and require adjustments at any time.
Emission programmes and accrual schemes: Administrators may register multi-issuance emission programmes in the RNVE for up to five years, renewable in equal periods. The emission regulations and placement prospectus must specify the characteristics applicable to individual issuances, including whether these are executed through separate universalities or autonomous trusts, or through a single vehicle incorporating an accrual scheme. Risk management obligations apply to the successive incorporation of assets under accrual schemes.
Administrators of the securitisation process: Administrators must ensure compliance with the emission and placement regulations, protect the rights of title holders, and are empowered to manage the universality or autonomous trust, structure or administer previously structured processes, act simultaneously as administrators of the underlying assets where applicable, and take judicial or extrajudicial action for the protection of the underlying assets and title holders.
Underlying asset administrator: Each securitisation process must have an underlying asset administrator, who may be the originator or a third party, and whose functions cover conservation, custody, collection, transfer of cash flows, and reporting. The administration contract must set out conditions and requirements for idoneity, operational capacity, remuneration, custody obligations, specific administration obligations, liability regime, and causes of termination and substitution.
Credit support and security mechanisms: Internal or external credit support and security mechanisms may be incorporated at the discretion of the process administrator. The originator must retain in its balance sheet, throughout the life of the securitisation, no less than 5% of all effectively securitised assets, with methodology and periodic verification requirements to be set out in the emission regulations.
Risk ratings and financial indicators: Emissions structured under Title 12 do not require a risk rating. Where no rating is obtained, financial ratios and business indicators must be incorporated to allow investors to assess the main risks of the emission. These may be calculated by authorised price providers using methodologies adapted to MSME characteristics. The Financial Superintendency of Colombia may establish special listing requirements for exchanges and trading systems related to these indicators.
Titles: Titles must be dematerialised, may be denominated in Colombian legal tender, basic value units, tax value units, real value units, or foreign currency, and may incorporate diverse series. Capital payments may be made during the life of the titles or at maturity.
Representative of title holders: Securitisation processes may optionally appoint a representative of title holders, who must be independent of the issuer and technically and administratively capable of exercising legal representation of securities holders. Where this figure is not used, an independent third party must be appointed to verify compliance with obligations of the originator, underlying asset administrator, and other process participants.
Simplified information prospectus and disclosure: A simplified information prospectus in digital format must be prepared for each emission and made permanently available on the administrator's website, together with the emission and placement regulations, quarterly performance reports, financial indicators, and financial statements. Relevant events materially affecting the emission structure, asset administrator compliance, or the risks of the emission must be disclosed immediately through the Financial Superintendency of Colombia's website. The standard periodic information regime applicable to other issuers under Decree 2555 of 2010 does not apply to these securitisation processes.
Assembly of title holders: An assembly of title holders governs material decisions, including modification of payment terms, changes to underlying asset administration structures, and transaction agreements affecting the securitisation. The issuer or holders representing at least 10% of titles in circulation may convene the assembly, and if not convened, may request the Financial Superintendency of Colombia to do so.
It takes effect the day following its publication, and the Financial Superintendency of Colombia has 12 months from that date to issue the implementing instructions.