KEY CHANGES IN THE SANCTIONS FRAMEWORK
STRICTER RULES FOR COMMERCIAL REGISTRATION
One of the most controversial aspects of the regulation is the requirement to keep the commercial registration up to date. Companies that fail to renew their registration on time may be penalized as repeat offenders, resulting in more severe sanctions. This approach is based on the legal obligation to register prior to conducting business, as established in current legislation, although there is debate as to whether this interpretation exceeds what is expressly provided by the Commercial Code.
DIGITALIZATION: A PENDING CHALLENGE
The regulation requires companies to submit accounting and corporate books in physical format, following traditional notarization procedures. This provision has been criticized by business representatives who advocate for the modernization of the process through the acceptance of electronic formats, in line with current tax regulations. Nevertheless, the authority reaffirmed that commercial formalities are governed by the standards established in the Commercial Code.
ADMINISTRATIVE PRINCIPLES UNDER SCRUTINY
The regulation has been accused of violating fundamental principles such as legality and proportionality by imposing sanctions considered excessive and ambiguously justified. One example is the treatment of omissions in publishing legal acts in the Electronic Gazette of the Commercial Registry, where critics argue that it may result in double punishment for the same offense, violating the non bis in ídem principle.
LEGAL ARGUMENTS AND REGULATORY LEGITIMACY
Despite challenges presented by institutions such as the National Chamber of Commerce and the National Chamber of Industry, the competent authority decided to uphold the regulation. The institutional defense maintains that this normative instrument falls within the regulatory powers recognized by the Constitution and the Administrative Procedure Law. Furthermore, it asserts that the regulation’s provisions are consistent with higher-level norms and are necessary to safeguard legality and legal certainty.
In summary, the new regulation reinforces oversight of corporate formal obligations. However, its implementation has sparked intense debate over its proportionality, compatibility with superior legal norms, and impact on the investment climate. As businesses adjust to these rules, it will be essential to assess their practical application and alignment with Bolivia’s legal and economic environment.
Our law firm offers specialized services for companies subject to commercial and accounting oversight. If your organization needs legal assistance to comply with the new regulation or challenge a sanction, do not hesitate to contact us.
Frequently Asked Questions (FAQs)
What is considered repeat offending under the new regulation?
A company is considered a repeat offender if it commits the same infraction within a two-year period after previously being sanctioned for that same violation.
Can failure to update the commercial registration be sanctioned?
Yes, the regulation provides for sanctions in such cases, although there is ongoing debate about whether this is adequately supported by superior legal norms.
Can accounting books be submitted in digital format?
Currently, the regulation requires physical submission in accordance with the Commercial Code, despite calls for digital modernization.
What happens if a legal act is not published in the Electronic Gazette?
This is treated as a sanctionable infraction, though some sectors argue it may amount to double punishment for a single omission.
Can the regulation be challenged?
Yes, through hierarchical appeals, such as those already filed by the CNC and the CNI, although these challenges have so far been unsuccessful.
- Autoridad de Fiscalización de Empresas. (2025). Resolución Ministerial N° 002/2025.
- Political Constitution of the Plurinational State of Bolivia.
- Law No. 2341 on Administrative Procedure.
- Commercial Code of Bolivia.
- Plurinational Constitutional Ruling 0049/2015.
- Martínez Bravo, J. A. (2010). Derecho Administrativo Boliviano. Santa Cruz, Bolivia.
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.
