
WHAT ARE FINTECHS AND HOW DO THEY WORK?
Fintechs are entities specialized in offering financial services through advanced technologies. These range from digital payments to virtual asset investments and crowdfunding platforms. In the Plurinational State of Bolivia, fintech companies must be formally established and licensed by the financial regulatory authority, ensuring their compliance with clear rules and effective supervision.
For example, a mobile app that enables small entrepreneurs to receive online payments via QR, instant transfers, or even digital assets can streamline daily operations and reduce dependence on cash.
FINTECH CLASSIFICATION BASED ON SERVICES
Fintechs are grouped according to the financial services they provide using technology. Below are the main types and applications:
BLOCKCHAIN AND DIGITAL ASSET SOLUTIONS
These fintechs use technologies like blockchain to offer secure and transparent services. This includes virtual asset service providers (VASPs), who facilitate exchanges between cryptocurrencies and fiat currencies or manage digital wallets. One example is a platform that tokenizes real estate, allowing investors to purchase digital fractions of physical properties.
DIGITAL PAYMENT FINTECHS
These include mobile payment platforms, electronic wallets, and instant transfer systems. Designed to facilitate both in-person and online payments, they are widely used by merchants and consumers. A common example is the use of QR codes to pay for taxi rides or purchases at local markets.
FINTECH FUNDING PLATFORMS
These platforms connect individuals and businesses with collective financing (crowdfunding) or peer-to-peer lending, linking borrowers directly with investors. For instance, a platform that pools micro-investments to finance rural agricultural projects.
TECHNOLOGICAL SOLUTIONS FOR BUSINESSES VIA FINTECH
These provide services like credit risk analysis using AI, accounting process automation, or financial management tools for small businesses. A software helping restaurants monitor income and control expenses in real time would fall into this category.
FINTECH REGULATION IN BOLIVIA
The regulation of financial technology companies in Bolivia is still developing. It outlines the conditions for incorporation, operation, and supervision. The framework applies to both private and public companies, including those with majority state ownership, as long as they offer technologically innovative services in the financial, securities, or insurance sectors.
Under this framework, fintechs are officially recognized as Financial Technology Companies (Empresas de Tecnología Financiera – ETF). To operate legally, they must incorporate as financial entities and obtain both a formation permit and an operating license from the Financial System Supervisory Authority (ASFI). This process involves meeting specific technical and legal requirements to ensure the legitimacy and stability of their activities.
Additionally, the use of terms that may mislead the public into confusing unauthorized companies with registered ETFs is strictly prohibited.
The types of services ETFs may offer are clearly defined. These include blockchain use, tokenized and virtual assets, and the provision of services as Virtual Asset Service Providers (VASPs). In this role, a company may handle exchange, transfer, custody, or administration of digital assets and participate in public offerings of virtual assets.
ETFs may also operate in areas such as digital payments, crowdfunding platforms, and business tech solutions. It’s important to note that ASFI may expand the categories of allowed services as the sector evolves.
To mitigate risks and promote responsible innovation, ETFs may be required to test their services in a Controlled Testing Environment (Entorno Controlado de Pruebas – ECP). This supervised space allows real-world testing under defined limits, safeguarding the financial system’s integrity.
For services related to insurance, additional regulation and oversight are provided by the Pension and Insurance Supervision Authority (APS), which coordinates with ASFI to ensure comprehensive and specialized oversight.
This regulatory structure aims to foster technological innovation without compromising the financial system’s stability or user rights, aligning fintech development with standards of transparency, security, and institutional accountability.
CONCLUSION
Fintechs represent a key opportunity to modernize access to financial services, boost inclusion, and energize the digital economy. Their operation in Bolivia is subject to a specific regulatory framework designed to balance innovation with user protection, ensuring transparency, legality, and security in all activities.
Our law firm has specialized experience in the regulation of tech companies and financial services. If you are interested in launching a fintech venture or need guidance on regulatory compliance, feel free to contact us for personalized legal assistance.
Frequently Asked Questions (FAQs)
What is a financial technology company (fintech)?
It is an entity that provides financial services through innovative technological tools, such as mobile apps, blockchain, or artificial intelligence.
Can I start a fintech in Bolivia without authorization?
No. It is mandatory to obtain an operating license from the competent authority before starting operations.
What is a tokenized asset?
It is a digital representation of a real asset, such as real estate, managed through blockchain technology.
What does a Virtual Asset Service Provider (VASP) do?
They perform operations such as exchange, custody, and transfer of cryptocurrencies or other digital assets on behalf of third parties.
What is a Controlled Testing Environment?
It is a regulated space where fintechs can test their services under real conditions but with defined limits and supervision, prior to large-scale deployment.
- Ministry of Economy and Public Finance. (2023). Supreme Decree on Financial Technology Companies.
- Plurinational Legislative Assembly. (2013). Law No. 393 on Financial Services.
- Financial System Supervisory Authority (ASFI). (2024). Applicable Regulations for Fintech Companies.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
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