2022-12-14
The Securities Market Superintendence of Panama issued Agreement 13-2022 to systematically list and update the mandatory forms and reports that various regulated entities must submit. The agreement specifies the exact periodicity, regulatory basis, and delivery medium (primarily the SERI electronic system) for entities including Securities Houses, Investment Advisors, Investment Managers, AFPs, Self-Regulatory Organizations, Price-Providing Entities, Risk Rating Entities, Issuers, and Investment Companies. Additionally, it mandates compliance with anti-money laundering and terrorism financing prevention questionnaires for all applicable regulated subjects.
1 REPUBLIC OF PANAMA SECURITIES MARKET SUPERINTENDENCE Agreement No. 13-2022 (of December 14, 2022) "By which the forms and reports to be submitted to the Securities Market Superintendence by its regulated entities are listed and provisions relative to them are issued" (Modified by Agreement No. 3-2023 of March 15, 2023) UNIFIED TEXT THE BOARD OF DIRECTORS in exercise of its legal powers, and CONSIDERING That Law 67 of September 1, 2011, reformed Decree-Law 1 of July 8, 1999, and created the Securities Market Superintendence as an autonomous entity of the State, with legal personality, own assets, and administrative, budgetary, and financial independence. That the Board of Directors, in accordance with articles 5, 6, 10 (numeral 1), 19, and 20 of the Unified Text of the Securities Market Law (hereinafter: Unified Text), acts as the Highest Consultative, Regulatory, and Policy-Setting Body of the Superintendence and has among its attributes to adopt, reform, and revoke agreements that develop the provisions of the Securities Market Law. That the Superintendence, by virtue of article 3 of the Unified Text, has the general objective of regulating, supervising, and auditing the activities of the securities market developed in the Republic of Panama or from it, promoting legal certainty for all market participants and guaranteeing transparency, with special protection of investors' rights. That it is worth noting that article 323 of the Unified Text establishes that when the Superintendence contemplates adopting an Agreement, it must consider to determine if the action is necessary and appropriate: (a) the public interest, (b) the protection of investors, and (c) whether the action promotes market efficiency, competition, and capital formation. That the Superintendence has evaluated the timeliness and convenience of systematizing and disseminating in a single Agreement the information that regulated entities must report periodically, as well as the means of delivery, whether physical or electronic (through the enabled email address or through the Electronic Information Submission System), which will allow greater clarity in the documentation and dates for submitting information to the Superintendence, information that must be kept updated and available, for the benefit of our regulated entities and the general public. That taking into account that the actions contemplated in this agreement represent a benefit for the involved parties, they comply with what is established in article 326 of the Unified Text, regarding actions that grant an exemption or eliminate a restriction, so the provisions contained in Title XV, regarding the "Administrative Procedure for the Adoption of Agreements," are not applicable to this agreement. That, by virtue of the foregoing, the Board of Directors of the Securities Market Superintendence, in exercise of its legal powers, AGREES: ARTICLE FIRST: LIST AND UPDATE the following forms/reports, which are mandatory for Securities Houses and must be submitted to the Securities Market Superintendence with the periodicity and through the medium listed below: Securities Market Regime Form/Report Regulating Norm Periodicity Delivery Medium Audited Financial Statements Agreement 8-2000 Agreement 2-2011 Annual (within 3 months following the close of the corresponding fiscal period) SERI Interim Financial Statements Agreement 8-2000 Agreement 2-2011 Quarterly (within 2 months following the close of the corresponding quarter) SERI Client List (DS-12) Agreement 10-2013 Quarterly (latest by the 15th day of the month following the close of the quarter) SERI Monthly Report of Operations Performed (DS-01) Agreement 2-2011 Monthly (latest by the 15th day of the following month) SERI Capital Adequacy Report (DS-02 to 09): Liquidity Report (DS-02) Agreement 4-2011 Monthly (latest by the 15th day of the following month) SERI Solvency Relationship, Capital Funds, and Liquidity Coefficient (DS-03) Agreement 4-2011 Monthly (latest by the 15th day of the following month) SERI Daily Solvency Relationship and Capital Funds Report (DS-04) Agreement 4-2011 Monthly (latest by the 15th day of the following month) SERI Capital Fund Calculation (DS-05) Agreement 4-2011 Monthly (latest by the 15th day of the following month) SERI Risk Evaluation or Measurement (DS-07) Agreement 4-2011 Monthly (latest by the 15th day of the following month) SERI Settlement Delivery (DS-09) Agreement 4-2011 Monthly (latest by the 15th day of the following month) SERI Structure, Correspondence, and Custody (DS-11) Agreement 10-2013 Monthly (latest by the 15th day of the following month) SERI Agreement 1-2021 Unified Chart of Accounts (PUC) Agreement 5-2016 Monthly (latest by the 15th day of the following month) SERI Forex (FX-2) Agreement 4-2013 Monthly (latest by the 20th day of the following month) SERI SI-EX Agreement 5-2004 Prior to its offering SERI BC, FT, and FPADM Prevention Regime Form/Report Regulating Norm Periodicity Delivery Medium Questionnaire for Self-Evaluation of Prevention of Money Laundering, Terrorism Financing, and Financing of the Proliferation of Weapons of Mass Destruction Agreement 2-2019 Annual (latest by March 31 of each year) SERI Operational Information Questionnaire of the Financial Obligated Subject Agreement 2-2019 Semi-annual (the information corresponding to the months of January to June, latest by July 31 of each year / the information corresponding to the months of July to December, latest by January 31 of each year) SERI The Securities Market Superintendence will instruct through Circular the medium and format in which these forms/reports must be sent, as well as the current version which will be available to regulated entities on the Superintendence's website, as well as the previous table with updated information for each form/report. ARTICLE SECOND: LIST AND UPDATE the following forms/reports, which are mandatory for Investment Advisors and must be submitted to the Securities Market Superintendence with the periodicity and through the medium listed below: Securities Market Regime Form/Report Regulating Norm Periodicity Delivery Medium Audited Financial Statements Agreement 8-2000 Agreement 1-2015 Annual (within 3 months following the close of the corresponding fiscal period) SERI Interim Financial Statements Agreement 8-2000 Agreement 1-2015 Semi-annual (within 2 months following the close of the semester) SERI Structure (DS-13) Agreement 10-2013 Monthly (latest by the 15th day of the following month) SERI Indicators and Clients Report (DS-14) Agreement 10-2013 Monthly (latest by the 15th day of the following month) SERI Unified Chart of Accounts (PUC) Agreement 8-2017 Quarterly (latest by the 20th day of the following month) SERI BC, FT, and FPADM Prevention Regime Form/Report Regulating Norm Periodicity Delivery Medium Questionnaire for Self-Evaluation of Prevention of Money Laundering, Terrorism Financing, and Financing of the Proliferation of Weapons of Mass Destruction Agreement 2-2019 Annual (latest by March 31 of each year) SERI Operational Information Questionnaire of the Financial Obligated Subject Agreement 2-2019 Semi-annual (the information corresponding to the months of January to June, latest by July 31 of each year / the information corresponding to the months of July to December, latest by January 31 of each year) SERI The Securities Market Superintendence will instruct through Circular the medium and format in which these forms/reports must be sent, as well as the current version which will be available to regulated entities on the Superintendence's website, as well as the previous table with updated information for each form/report. ARTICLE THIRD: LIST AND UPDATE the following forms/reports, which are mandatory for Investment Managers and must be submitted to the Securities Market Superintendence with the periodicity and through the medium listed below: Securities Market Regime Form/Report Regulating Norm Periodicity Delivery Medium Audited Financial Statements Agreement 8-2000 Agreement 5-2004 Annual (within 3 months following the close of the corresponding fiscal period) SERI Interim Financial Statements Agreement 8-2000 Agreement 5-2004 Quarterly (within 2 months following the close of the corresponding quarter) SERI Structure (DS-15) Agreement 10-2013 Monthly (latest by the 15th day of the following month) SERI Unified Chart of Accounts (PUC) Agreement 8-2017 Monthly (latest by the 15th day of the following month) SERI BC, FT, and FPADM Prevention Regime Form/Report Regulating Norm Periodicity Delivery Medium Questionnaire for Self-Evaluation of Prevention of Money Laundering, Terrorism Financing, and Financing of the Proliferation of Weapons of Mass Destruction Agreement 2-2019 Annual (latest by March 31 of each year) SERI Operational Information Questionnaire of the Financial Obligated Subject Agreement 2-2019 Semi-annual (the information corresponding to the months of January to June, latest by July 31 of each year / the information corresponding to the months of July to December, latest by January 31 of each year) SERI The Securities Market Superintendence will instruct through Circular the medium and format in which these forms/reports must be sent, as well as the current version which will be available to regulated entities on the Superintendence's website, as well as the previous table with updated information for each form/report. ARTICLE FOURTH: LIST AND UPDATE the following forms/reports, which are mandatory for Administrators of Retirement, Pension, and Severance Funds (AFP's) and must be submitted to the Securities Market Superintendence with the periodicity and through the medium listed below: Securities Market Regime Form/Report Regulating Norm Periodicity Delivery Medium Audited Financial Statements Agreement 8-2000 Agreement 11-2005 Annual (within 3 months following the close of the corresponding fiscal period) SERI Annual Severance Fund Report Executive Decree 106 of 1995 Annual (latest by March 31 of each year) SERI Interim Financial Statements of the Funds Agreement 8-2000 Agreement 11-2005 Semi-annual (the first delivery will be made within 2 months following the close of the corresponding semester / the second, within 3 months following the close of the corresponding fiscal period. Only this second delivery will require that the financial statements be presented audited.) SERI Interim Financial Statements (AFP) Agreement 8-2000 Agreement 11-2005 Quarterly (within 2 months following the close of the corresponding quarter) SERI Structure (PEN-03) AIOS Agreement 10-2013 Monthly (latest by the 15th day of the following month) SERI Pensions Structure Report (DS-18) Agreement 11-2005 Monthly (latest by the 15th day of the following month) SERI Unified Chart of Accounts (PUC) Agreement 8-2017 Monthly (latest by the 15th day of the following month) SERI Monthly Transfer Report Agreement 11-2005 Monthly (in the first 5 business days of the following month) SERI Monthly Contingencies Report Agreement 11-2005 Monthly (in the first 5 business days of the following month) SERI Monthly Report on Changes in Equity Agreement 11-2005 Monthly (in the first 5 business days of the following month) SERI Affiliates Report Agreement 11-2005 Monthly (in the first 5 business days of the following month) SERI Consolidated Balances Report Agreement 11-2005 Monthly (in the first 5 business days of the following month) SERI Consolidated Share Value Report Agreement 11-2005 Monthly (in the first 5 business days of the following month) SERI Sale and Exit of Instrument Report Agreement 11-2005 Bi-weekly (in a maximum period of 5 business days following the conclusion of each half-month. SERI Portfolio Position (Investments) Report Agreement 11-2005 Bi-weekly (in a maximum period of 5 business days following the conclusion of each half-month. SERI Net Equity Managed Report Agreement 11-2005 Bi-weekly (in a maximum period of 5 business days following the conclusion of each half-month. SERI Daily Share Value Report Agreement 11-2005 Daily (allowing a maximum delay of up to 5 business days) SERI BC, FT, and FPADM Prevention Regime Form/Report Regulating Norm Periodicity Delivery Medium Questionnaire for Self-Evaluation of Prevention of Money Laundering, Terrorism Financing, and Financing of the Proliferation of Weapons of Mass Destruction Agreement 2-2019 Annual (latest by March 31 of each year) SERI Operational Information Questionnaire of the Financial Obligated Subject Agreement 2-2019 Semi-annual (the information corresponding to the months of January to June, latest by July 31 of each year / the information corresponding to the months of July to December, latest by January 31 of each year) SERI The Securities Market Superintendence will instruct through Circular the medium and format in which these forms/reports must be sent, as well as the current version which will be available to regulated entities on the Superintendence's website, as well as the previous table with updated information for each form/report. 1ARTICLE FIFTH: ADOPT, LIST, AND UPDATE the following forms/reports, which are mandatory for Self-Regulatory Organizations and must be submitted to the Securities Market Superintendence with the periodicity and through the medium listed below: Securities Market Regime Form/Report Regulating Norm Periodicity Delivery Medium Audited Financial Statements (Exchange/Central) Agreement 8-2000 Agreement 7-2003 Annual (within 3 months following the close of the corresponding fiscal period) SERI Annual Budget Report (Exchange/Central) Agreement 7-2003 Annual (before December 1 of each year) Physical Interim Financial Statements (Exchange/Central) Agreement 8-2000 Agreement 7-2003 Quarterly (within two months following the close of the quarter) SERI Quarterly Report of Custodied Securities (Form RVC-T) (Central) Agreement 11-2013 Quarterly (latest by the 15th day of the months of April, July, October, and January, covering information at the end of the months of March, June, September, and December, respectively) SERI Structure (DS-18) (Exchange/Central) Agreement 13-2022 Monthly (latest by the 15th day of the following month) SERI
1 Modified by ARTICLE THIRD of Agreement No. 3-2023 of March 15, 2023.
7 Daily Report of Operations Performed (Exchange/Central) Agreement 7-2003 Daily SERI BC, FT, and FPADM Prevention Regime Form/Report Regulating Norm Periodicity Delivery Medium Questionnaire for Self-Evaluation of Prevention of Money Laundering, Terrorism Financing, and Financing of the Proliferation of Weapons of Mass Destruction Agreement 2-2019 Annual (latest by March 31 of each year) SERI Operational Information Questionnaire of the Financial Obligated Subject Agreement 2-2019 Semi-annual (the information corresponding to the months of January to June, latest by July 31 of each year / the information corresponding to the months of July to December, latest by January 31 of each year) SERI The Securities Market Superintendence will instruct through Circular the medium and format in which these forms/reports must be sent, as well as the current version which will be available to regulated entities on the Superintendence's website, as well as the previous table with updated information for each form/report. ARTICLE SIXTH: LIST AND UPDATE the following forms/reports, which are mandatory for Price-Providing Entities and must be submitted to the Securities Market Superintendence with the periodicity and through the medium listed below: Securities Market Regime Form/Report Regulating Norm Periodicity Delivery Medium Audited Financial Statements Agreement 8-2000 Agreement 1-2013 Annual (within 3 months following the close of the corresponding fiscal period) Physical Semi-annual Client List Agreement 1-2013 Semi-annual (within the first 10 business days of the months of January and July of each year) Physical Obligation to Communicate Results Agreement 1-2013 Daily (at the close of the trading day) Physical Notice of Modification of Presented Documentation and Information Agreement 1-2013 When it occurs (within the 5 business days following) Physical The Securities Market Superintendence will instruct through Note the medium and format in which these forms/reports must be sent, as well as the current version which will be available to regulated entities on the Superintendence's website, as well as the previous table with updated information for each form/report. ARTICLE SEVENTH: LIST AND UPDATE the following forms/reports, which are mandatory for Risk Rating Entities and must be submitted to the Securities Market Superintendence with the periodicity and through the medium listed below: Securities Market Regime Form/Report Regulating Norm Periodicity Delivery Medium
8 Information Registration and Update of Requirements Agreement 12-2001 Annual (within the first 3 months of the fiscal year. It will have a similar deadline to update its registry when changes occur in the company, its organization, or in the rating methodology during the fiscal year that represent significant variations in the information contained in the registry) Physical The Securities Market Superintendence will instruct through Note the medium and format in which these forms/reports must be sent, as well as the current version which will be available to regulated entities on the Superintendence's website, as well as the previous table with updated information for each form/report. ARTICLE EIGHTH: LIST AND UPDATE the following forms/reports, which are mandatory for Issuers with registered securities and must be submitted to the Securities Market Superintendence with the periodicity and through the medium listed below: Securities Market Regime Form/Report Regulating Norm Periodicity Delivery Medium IN-A: Annual Update Report Agreement 18-2000 Annual (within 3 months following the close of the corresponding fiscal period) SERI F-1: General Issuer Information Agreement 8-2018 Annual (within 3 months following the close of the corresponding fiscal period) SERI F-5: Issuer Corporate Governance Questionnaire Agreement 8-2018 Annual (within 3 months following the close of the corresponding fiscal period) SERI F-8: Rotation of External Auditors of the Issuer Agreement 8-2018 Annual (30 days prior to the start of annual audit work) SERI F-9: Entities and Persons Involved in the Issuance Agreement 8-2018. Annual (within 3 months following the close of the corresponding fiscal period) SERI IN-T: Quarterly Update Report Agreement 18-2000 Quarterly (within 2 months following the close of the period corresponding to report) SERI F-3: Registry of Current Securities of the Issuer Agreement 8-2018 Quarterly (within 2 months following the close of the period corresponding to report) SERI F-4: Financial Summary Agreement 8-2018 Quarterly (within 2 months following the close of the period corresponding to report) SERI The Securities Market Superintendence will instruct through Note the medium and format in which these forms/reports must be sent, as well as the current version which will be available to regulated entities on the Superintendence's website, as well as the previous table with updated information for each form/report. ARTICLE NINTH: LIST AND UPDATE the following forms/reports, which are mandatory for Investment Companies and must be submitted to the Securities Market Superintendence with the periodicity and through the medium listed below:
9 Securities Market Superintendence with the periodicity and through the medium listed below: Securities Market Regime Form/Report Regulating Norm Periodicity Delivery Medium Audited Financial Statements Agreement 8-2000 Agreement 5-2004 Annual (within 3 months following the close of the corresponding fiscal period) SERI F-2: General Information of the Investment Company Agreement 8-2018 Annual (within 3 months following the close of the corresponding fiscal period) SERI Interim Financial Statements Agreement 8-2000 Agreement 5-2004 Semi-annual (within 2 months following the conclusion of each semester) SERI Form CR-1 (only applies to Venture Capital I.C.s) Agreement 8-2018 Semi-annual (within 2 months following the conclusion of each semester) SERI Investment Companies (I.C.-IAS 1.1) Agreement 5-2004 Agreement 8-2018 Semi-annual (within 2 months following the conclusion of each semester) SERI Structure (DS-16) Agreement 10-2013 Monthly (latest by the 15th day of the following month) SERI Investors (DS-17) Agreement 10-2013 Monthly (latest by the 15th day of the following month) SERI The following table additionally applies to self-administered investment companies in their capacity as financial obligated subjects pursuant to Law No. 23 of April 27, 2015: BC, FT, and FPADM Prevention Regime Form/Report Regulating Norm Periodicity Delivery Medium Questionnaire for Self-Evaluation of Prevention of Money Laundering, Terrorism Financing, and Financing of the Proliferation of Weapons of Mass Destruction Agreement 2-2019 Annual (latest by March 31 of each year) SERI Operational Information Questionnaire of the Financial Obligated Subject Agreement 2-2019 Semi-annual (the information corresponding to the months of January to June, latest by July 31 of each year / the information corresponding to the months of July to December, latest by January 31 of each year) SERI