VP Legal,Regulation and compliance officer | AFP Capital
César Soto Cavieres
VP Legal,Regulation and compliance officer | AFP Capital
What are the most significant cases, projects, and/or transactions that you and/or your legal team have been involved in recently?
This year 2025 is special for our industry, as is public knowledge in March the pension reform was published in Chile – after more than ten years of discussion. This has implied, among other things, the creation of a regulatory area that absorbs all the issues related to the implementation of the pension reform, which involves the issuance of several complementary laws and more than fifty rules and regulations. As a team, at AFP Capital we have proposed to review, comment and give our constructive view and experience in the industry in all of these. This has allowed us to form motivated, high-performance teams that with the use of technology allow us to address the greatest challenge in the industry since its creation.
How do you approach managing legal aspects during periods of instability or crisis to ensure the resilience of the organisation?
After 7 years leading this tremendous team, I can assure you that, in periods of instability or crisis, it is key to count; On the one hand, with a technical and motivated team that works with a clear purpose (to improve the pension industry) and on the other, maintaining a technological curiosity of evolution, looking at the new, questioning the way of doing things, this combination of factors has been key to having a high-performance team that stands out in the industry. However, high performance must be accompanied by an empowered delegation of tasks allowing successful strategies to be designed.
Have you had any experiences during your career as a lawyer that stand out as particularly unique or interesting?
Of the regulated industries, the Pension Fund Administration (AFP) must be the most intense in all aspects, therefore, there are many examples of regulatory implementation or litigation where the exercise of our fiduciary role has left its mark on the Chilean market. It is understandable, therefore, to practice as a lawyer in the pension industry implies a very relevant obligation in any part of the world regardless of the economic model. In our case, as a country we had been “processing” a pension reform for more than a decade, with projects that even sought to eliminate us as an industry. Without a doubt, here is the recent experience that stands out the most, implying for the vice-presidency that I lead to have the technical knowledge, to always be alert and highly internalised of all legislative, regulatory, comparative, social and political experiences; constantly simulating scenarios with their different strategies, this has allowed us to form an extremely flexible, agile and efficient team.
Looking ahead, what trends do you foresee in the legal landscape over the next 5 to 10 years that companies should prepare for?
I see several and very clear. Without a doubt, the automation and use of AI is and will be a constant in the coming years, it is advancing very fast. However, it is still difficult to find one that marks a before and after in the legal and compliance industry. This does not mean that we should stop being attentive, looking, testing and studying, because, in any case, this is a new skill of our profession that will be useful for the construction of strategies until the daily exercise of the traditional function. Another item to highlight is cybersecurity and data protection, these issues already imply in our country, the creation of regulators and an increase in regulation that force us to be more prepared. As a result of the trends I have pointed out, we are back to people, that is, the use and adoption of AI, the greater and better care of cybersecurity and data, only implies that we must have solid ethics and permanent care for the affiliates of the Chilean social security system.
Chief legal and compliance officer, Chile | AFP Capital