The Association of Microfinance Institutions (Asomif) maintained that the bill that prohibits the charging of commissions for interbank transfers would be unconstitutional, which is why it rejected its approval in the Plenary Session of Congress.
The president of Asomif, Jorge Delgado, stated that the transfer fee is valid because it must “cost the work of the Electronic Clearing House (CCE),” a private institution, regulated and supervised by the Central Reserve Bank (BCRP). that channels transactions and makes a transparent service possible.
“The collection of commissions for interbank transfers is the cost of the quality and security of the service,” said Delgado.
Previously, the Ministry of Economy and Finance (MEF) considered that “it contravenes article 59 of the Political Constitution of Peru, on the freedom of business, in particular on the freedom of organization that includes the pricing policy.”
For its part, the SBS states that “the Bill raises a proposal that would not correspond to the legal framework established in the Political Constitution of Peru” and that “it would be discordant with this framework to force the proposed services to be offered free of charge.”
“In my opinion it is an unconstitutional project because, on the one hand, it violates the right to freedom of contract, which is protected and recognized by the Peruvian Constitution, as well as the free market,” declared Erick Urbina, professor from the Faculty of Law of the University of Lima.
Source: Larepublica
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