Análisis crítico del proceso de constitucion de un banco

Abstract

The General Banking Law was substantially amended by the 19.528 Act of 1995. Lawyers sought to accommodate the national banking law to the principles of the Basel Committee and to establish the extension of bank drafts. Besides, the process of how a bank is constituted was reframed, establishing a procedure that is carried out before the Financial Institutions and Banks Examiner, whose aim is to review in advance that the new banking enterprise counts on both financial backing and commercial integrity of the founding investors —both components essential to build trust in the loans market. Nevertheless, the procedure detailed in the law, lacks a sequential wording and presents a series of practical and juridical drawbacks that make its analysis and possible modification necessary. The above is the purpose of this article.