On the rise: acceptance of digital securities increases

Just as digitalization has promoted many businesses and investment alternatives, in recent years it has also generated the development of digital documents and titles dematerialized documents that are slowly being regulated and accepted as evidence before local and international authorities.

(Read: 'Factoring', a possible way out of the coming slowdown?).

With Law 527 of 1999, it established the guidelines to determine the legal and evidentiary validity of data messages, understood as everything that is created, sent, received, stored or transmitted through electronic means and in that sense, A data message covers a range of information, ranging from the content of a word processor (Word or PDF), to information found in an email or instant messaging applications (such as WhatsApp or Telegram), and even videos.

An analysis by Asobancaria says that apart from titles and investment papers that have already been digitized in the past and are kept in centralized securities deposits, in recent years others have gained importance, on which transactions are being made that in a short time They can make Colombia one of the leaders such as electronic invoices (factoring and confirming).

(Also: International Factoring will boost business growth).

Electronic sales invoices, acknowledgment of receipt of the invoice, receipt of goods, express acceptances, tactical acceptances or claims have entered the orbit of the National Tax and Customs Directorate (Dian).

Regarding the conditions relating to the issuance of the invoice, the Dian has the power to regulate the sales invoice and, consequently, implemented the electronic invoicing registration system called Radian, which allows the registration, consultation and monitoring of the FEV (Electronic Invoice of Sale), including a component in relation to those FEV TV (as a security) issued on a term basis for trading purposes..

For the latter, Asobancaria says, registration in the Radian is mandatory from July 13, 2022 so that they can circulate, selling them to, for example, obtain financing through negotiation, through factoring operations or confirming.

(Also: They launch alternative financing 'fintech' to inject liquidity into companies).

An analysis by Asobancaria says that the provisions contained in the General Process Code, the primary source on procedural matters, make explicit reference to the evidentiary validity of data messages.

The union considers it relevant to consider how technological advances, such as artificial intelligence and blockchain, can contribute to improving the security, traceability and authenticity of electronic documents.

It says these innovations can strengthen confidence in electronic securities, facilitating their circulation and reducing the risks of fraud.

HOLMAN RODRÍGUEZ MARTÍNEZ
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