THE LEGAL NOTION OF MATERIALITY AND COMPLIANCE WITH REGULATIONS REGARDING THE DISCLOSURE OF ESG INFORMATION.

CMF OPINION No. 88837 OF 2022

Authors

  • Lusitania Villablanca Cerda Universidad Mayor

DOI:

https://doi.org/10.29393/RD253-9NJLV10009

Keywords:

Sustainibility, ESG information, Financial Market Commission, essential information, materiality

Abstract

The terminology used by securities market regulations regarding the disclosure of ESG policies, or extra-financial information, is closer to management sciences than to law, which poses difficulties for the jurist involved in the process of complying with the regulations. This is what has happened with the principle of materiality which, analyzed from its definition, allows us to conclude that its legal parallel is to be found in the concept of essential information. Consequently, given the fact that the information required by the regulation must be contained in the annual report and that the regulator has indicated that compliance with the regulation corresponds to the exercise of management powers, it is the board of directors that is responsible for the truthfulness, sufficiency and timeliness of the information provided in the annual report.

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Published

2023-06-30

How to Cite

Villablanca Cerda, L. (2023). THE LEGAL NOTION OF MATERIALITY AND COMPLIANCE WITH REGULATIONS REGARDING THE DISCLOSURE OF ESG INFORMATION.: CMF OPINION No. 88837 OF 2022. University of Concepción Law Review, 91(253), 223 - 234. https://doi.org/10.29393/RD253-9NJLV10009

Issue

Section

Comentarios de Jurisprudencia