Peru: Securities-Related Laws

Securities-Related Laws in Peru and their applicability to crytocurrency (source)

  • As mentioned in the previous section, ICOs and token sales are not explicitly prohibited nor expressly allowed or prohibited under peruvian law
  • No ICOs or token sales have taken place in the domestic market
  • However, under the Peruvian Securities Market Law, there could be an interpretation that may consider cryptocurrency as a “security”, given its broad definition. If this is so, ICOs could be considered to be regulated under this law
    • Peruvian regulator of the securities market (the Superintendencia del Mercado de Valores) has not issued any opinion to this effect nor has it issued any project suggesting any amendments to the cited regulation in order to include ICOs and token sales within the scope of the securities market regulatory framework. Therefore the regulation of token sales is ambiguous
    • However, Latin American cryptocurrency exchange, Surbtc launched ethereum and bitcoin in Peru in 2017 (source)
    • Bitinka can also be used to trade in Peru
    • As of July 2018, the Peruvian government has not announced plans to develop legislation around the regulation of cryptocurrency

Sources, Legal Link, Peruvian Securities Market Law

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