Adjunct Superintendent Resolution for Prudential Supervision No. 059-2025-SMV/10

PERU Ministry of Economy and Finance

SMV
Securities Market Superintendency
Electronically signed document under the framework of Law No. 27269, Law of Digital Signatures and Certificates, its Regulations and amendments. The integrity of the document and authorship Adjunct Superintendent Resolution SMV No. 059-2025-SMV/10 Lima, December 05, 2025 Subject: Mifondo Collective Fund Administrator Company Sanctioned with a (1) reprimand for having committed a (1) mild infringement classified in Annex I, numeral 3, item 3.1 of the SANCTIONS REGULATION, for failing to submit periodic information within the deadline established by the applicable regulations.

Administered Entity: Mifondo Collective Fund Administrator Company Closed Corporation Subject: Administrative sanctioning procedure File No.: 2025042198

The Adjunct Superintendent for Prudential Supervision

HAVING SEEN:

Administrative file No. 2025042198, and Report No. 1695-2025-SMV/10.3, issued by the General Superintendent of Prudential Compliance; as well as the defenses of Mifondo Collective Fund Administrator Company Closed Corporation; and,

CONSIDERING:

Pursuant to Article 1 of Law No. 29782, Law for the Strengthening of Securities Market Supervision, the name of the National Commission for the Supervision of Companies and Securities (CONASEV) is replaced by that of the Securities Market Superintendency (SMV), therefore any reference to CONASEV in legal norms shall be understood as referring to the SMV;

I. FACTS

As a result of supervision activities, with Letter No. 5569-2025-SMV/10.3, notified on September 29, 2025 (hereinafter, CHARGES LETTER), an administrative sanctioning procedure was initiated against Mifondo Collective Fund Administrator Company Closed Corporation (hereinafter, MIFONDO EAFC), having verified that it failed to timely submit to the Securities Market Superintendency (SMV) the individual interim financial statements corresponding to the fourth quarter of the 2023 fiscal year 1;
By written submission presented on October 05, 2025, MIFONDO EAFC presented the defenses requested by the CHARGES LETTER;
The charges formulated, as well as the defenses presented by MIFONDO EAFC, have been the subject of evaluation by the General Superintendent of Prudential Compliance in Report No. 1695-2025-SMV/10.3, which has been submitted to the knowledge of this Adjunct Superintendency;
In observance of the Principle of Due Process contemplated in Article IV, item 1, numeral 1.2 of the Preliminary Title, as well as in Article 248, numeral 2, of the Unified Text of Ordinances of the General Administrative Procedure Law, Law No. 27444, approved by Supreme Decree No. 004-2019-JUS, published on January 25, 2019 (hereinafter, TUO LPAG), by Letter No. 6811-2023-SMV/10, the administrative file to which this resolution refers was made available to MIFONDO EAFC for its review;

II. MATTERS TO BE DETERMINED

In the present administrative procedure, in the opinion of this Adjunct Superintendency, it corresponds to determine the following:

a. Whether MIFONDO EAFC committed or did not commit an infringement for failing to present its interim financial statements corresponding to the fourth quarter of 2023, within the deadline established in Article 15 of the "Norms on preparation, presentation and dissemination of Financial Statements, Annual Report and Management Report applicable to entities supervised by the Securities Market Superintendency" (hereinafter, NORMS), approved by SMV Resolution No. 013-2023-SMV/01.

b. Whether it corresponds or does not correspond to impose a sanction on MIFONDO EAFC;

III. ANALYSIS

3.1. Of the applicable regulations

Regarding the presentation of intermediate financial information, Article 15 of the NORMS provides as follows:

"Article 15.- Approval and deadline for presentation of individual or separate interim financial statements
15.1. The individual or separate interim financial statements must be approved by the general management or by the board of directors of the obligated subjects, depending on which is the competent body designated for such purpose.
The financial statements must be digitally signed by a public accountant licensed to practice the profession and by the legal representative of the obligated subject.
(…)
15.3. April 30, July 31, and October 31 of each year and February 15 of the following year are the deadline dates for the presentation of the individual or separate interim financial statements of the first, second, third and fourth quarters, respectively."
(Underlining added)

3.2. Of the charges formulated

Through the CHARGES LETTER, charges were formulated against MIFONDO EAFC for not communicating, within the deadline established by the regulations, its individual interim financial statements of MIFONDO EAFC corresponding to the fourth quarter of the 2023 fiscal year; which should have been presented on February 15, 2024; however, they were sent on February 19, 2024; that is, the information was sent four (04) days late with respect to the deadline;
In that sense, MIFONDO EAFC would have committed a (1) mild infringement, classified in Annex I, numeral 3, item 3.1 of the Sanctions Regulation, approved by SMV Resolution No. 035-2018-SMV/01 (hereinafter, SANCTIONS REGULATION), which prescribes as a mild infringement: "To present outside the established deadline, or to present it incompletely, or, without observing the technical specifications approved by the SMV or without communicating the approval by the corresponding corporate body, to the SMV, to the Stock Exchange, to the entity in charge of the centralized trading mechanism or to any other entity or subject of the securities market, the individual or consolidated audited financial information, the individual or consolidated interim financial statements, management report, special audit report, material events, and annual reports";

3.3. Of the defenses presented

In response to the charges made, by written submission presented on October 05, 2025, MIFONDO EAFC states that on February 15, 2024, the approval of the individual interim financial statements was completed by the General Manager, and they were uploaded and signed by said official;
MIFONDO EAFC adds that on the same day, February 15, 2024, it sent the individual interim financial statements to the emails atencion@smv.gob.pe and to the email of an SMV official, as well as informed the senders indicated the status of the upload in which the information subject to charge was located in MVNet since it required the signature of the accountant and this still did not have its digital certificate.
Likewise, the administrator company states that on February 19, 2024, it received the email confirmation of the digital signature for the ACCOUNTANT OF MIFONDO EAFC 2 and that on said date, by email addressed to an SMV official, it confirmed the second signature and sent the individual interim financial statements through MVNet;

3.4. Evaluation of the defenses

Regarding this matter, it must be indicated that MIFONDO EAFC is a supervised company by the SMV with operating authorization valid since November 29, 2023 and has knowledge of the applicable regulations for the presentation of its periodic information, therefore, it is under the obligation to act diligently in the communication of such information;
On the other hand, regarding the approval and deadline for presentation of individual interim financial statements by obligated subjects (including collective fund administrator companies), Article 15, numeral 15.1 of the NORMS establishes that such financial information must be digitally signed by a public accountant licensed to be presented to the RPMV;
Likewise, Article 5 of the NORMS 3 provides that obligated subjects (including collective fund administrator companies) must send their periodic information observing, among others, the Technical Specifications of the Registration and Supervision Information System, approved by Superintendent Resolution No. 003-2022-SMV/02 (hereinafter, TECHNICAL SPECIFICATIONS), in force at the time the facts occurred. Likewise, said article provides that the periodic information sent by obligated subjects will be considered presented when what is established in said provision is complied with;
Likewise, Article 3 of the Regulations of the MVNet and SMV Virtual System approved by Superintendent Resolution No. 092-2020-SMV-02 (hereinafter, MVNET SYSTEM REGULATIONS 4) in force on the date the facts occurred, provides that the documentation presented by said system will be considered as sent to the SMV when it is signed in accordance with what is established in Articles 2 and 3 of the Law of Digital Signatures and Certificates, Law No. 27269 5 and its Regulation 6, approved by Supreme Decree No. 052-2008-PCM;
In that sense, in accordance with what is indicated in the preceding considerations, collective fund administrator companies are obligated to present their individual interim financial statements duly digitally signed by their management and by a licensed public accountant;

"Article 5.- Requirements for the presentation of information to the SMV
5.1. Obligated subjects must present financial statements, annual report and management report, if applicable, as well as the other information established in the Norms through the MVNet System, in accordance with the MVNet and SMV Virtual System Regulations, approved by Superintendent Resolution No. 092-2020-SMV/02 or the norm that replaces it, observing the corresponding technical specifications and in a complete manner.
(…)
5.3. For the purposes of what is established in the Norms, information is only understood to be presented when due compliance has been given to what is established in the preceding numerals 5.1 and 5.2."

4 Subsequently modified by Superintendent Resolution No. 004-2024-SMV-01 which approved the new MVNet and SMV Virtual System Regulations, in force from March 21, 2024.
"Article 2.- Scope of application
This law applies to those electronic signatures that, placed on a data message or added or logically associated with them, can link and identify the signatory, as well as guarantee the authentication and integrity of electronic documents.
Article 3.- Digital Signature
The digital signature is that electronic signature that uses an asymmetric cryptography technique, based on the use of a unique pair of keys; associated a private key and a public key mathematically related to each other, in such a way that persons who know the public key cannot derive the private key from it."
6 Regulation of the Law of Digital Signatures and Certificates.
Article 1st.- Of the object.-
The object of this norm is to regulate, for the public and private sectors, the use of digital signatures and the regime of the Official Electronic Signature Infrastructure, which comprises the accreditation and supervision of Certification Entities, Registration or Verification Entities, and Value-Added Service Providers; in accordance with what is established in Law No. 27269 - Law of Digital Signatures and Certificates, modified by Law No. 27310, hereinafter the Law.

In that sense, in accordance with what is indicated in the preceding considerations, collective fund administrator companies are obligated to present their individual interim financial statements duly digitally signed by their management and by a licensed public accountant;
Notwithstanding the above, on February 15, 2024, MIFONDO EAFC intended to present its individual interim financial statements corresponding to the fourth quarter of the 2023 fiscal year (hereinafter, PERIODIC INFORMATION UNDER ANALYSIS) through MVNet without them being digitally signed by its accountant, therefore, and as the administrator company referred to in its defense writing and as evidenced by the emails, the MVNet System required the signature of the ACCOUNTANT OF MIFONDO EAFC, since, as established by the norms commented on in the preceding considerations, the digital subscription of said periodic information by a licensed public accountant is mandatory;
Regarding what is stated, it must be specified that Article 18 of the MVNET SYSTEM REGULATIONS establishes that authorized entities must use MVnet as the unique means to send their information to the SMV;
Regarding this, considering that the deadline for presentation of the PERIODIC INFORMATION UNDER ANALYSIS was February 15, 2024, the ACCOUNTANT OF MIFONDO EAFC should have been registered as a user of the MVNet system, as well as having her active digital signature certificate in order to subscribe to the PERIODIC INFORMATION UNDER ANALYSIS on said date, a situation that did not occur;
From the analysis of the information presented by MIFONDO EAFC, it is appreciated that by general communication document dated February 08, 2024, the administrator company designated the ACCOUNTANT OF MIFONDO EAFC as its general accountant by General Manager Agreement of January 03, 2024, therefore, this person was in charge of digitally signing the financial statements in accordance with what is established in said numeral 15.1 of Article 15 of the NORMS;
In that sense, from the date the ACCOUNTANT OF MIFONDO EAFC was designated as general accountant of MIFONDO EAFC (January 03, 2024), until the maximum date for the presentation of the PERIODIC INFORMATION UNDER ANALYSIS, that is, February 15, 2024, the administrator company had sufficient time to register the ACCOUNTANT OF MIFONDO EAFC as a user of MVNet. Likewise, during said time interval, MIFONDO EAFC was in a position to activate the digital certificate of said accountant to subscribe to the relevant documents, taking into account that MIFONDO EAFC is a supervised administrator company by the SMV that must have all the corresponding accesses and registrations to subscribe to the periodic or occasional information it must send to the RPMV;
Likewise, it must be indicated that Article 25 of the MVNET SYSTEM REGULATIONS specifies the exceptions to the use of MVNet 7 for the sending of information by obligated entities. These exception provisions establish that in the face of a specific contingency, entities obligated to send their information through the MVNet system may opt to send said information through an alternative means, which is defined in Articles 26 and 27 of said regulation; an alternative that was not applied by the administrator;

"Article 25.- Exceptions to the use of MVNet
The use of MVNet is mandatory by Obligated Entities. However, Obligated Entities are exempt from using it, for the sending of information, in the following situations:
a) When the digital certificate of the person authorized to digitally sign the documents, on behalf of the Obligated Entity, has expired. b) When the personal or laptop computer of the person authorized to digitally sign the documents, on behalf of the Obligated Entity, is disabled for technological reasons of installation, configuration or application of information security policies of the Obligated Entity. c) When a National State of Emergency or other analogous one has been declared that prevents Obligated Entities from having availability of the digital certificate.

1 File No. 2024007193.

In Annex attached to this Resolution, the complete data of the natural persons to whom the denominations used in this Resolution belong are detailed, and likewise, if applicable, the email addresses.

PERU Ministry of Economy and Finance

2. In that sense, from the date the ACCOUNTANT OF MIFONDO EAFC was designated as general accountant of MIFONDO EAFC (January 03, 2024), until the maximum date for the presentation of the PERIODIC INFORMATION UNDER ANALYSIS, that is, February 15, 2024, the administrator company had sufficient time to register the ACCOUNTANT OF MIFONDO EAFC as a user of MVNet. Likewise, during said time interval, MIFONDO EAFC was in a position to activate the digital certificate of said accountant to subscribe to the relevant documents, taking into account that MIFONDO EAFC is a supervised administrator company by the SMV that must have all the corresponding accesses and registrations to subscribe to the periodic or occasional information it must send to the RPMV;

23. Likewise, it must be indicated that Article 25 of the MVNET SYSTEM REGULATIONS specifies the exceptions to the use of MVNet 7 for the sending of information by obligated entities. These exception provisions establish that in the face of a specific contingency, entities obligated to send their information through the MVNet system may opt to send said information through an alternative means, which is defined in Articles 26 and 27 of said regulation; an alternative that was not applied by the administrator;

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for the sending of information by obligated entities. These exception provisions establish that in the face of a specific contingency, entities obligated to send their information through the MVNet system may opt to send said information through an alternative means, which is defined in Articles 26 and 27 of said regulation; an alternative that was not applied by the administrator;

Regarding the information sent by email on February 15, 2024, this method of sending does not comply with what is established by the TECHNICAL SPECIFICATIONS, therefore, in accordance with what is established in Article 5 of the NORMS 8, it is determined that MIFONDO EAFC did not present the PERIODIC INFORMATION UNDER ANALYSIS on said date having been sent via email dated February 15, 2024 at 20:14 hours, and not through the MVNet System;
Considering what is stated, it is determined that MIFONDO EAFC did not have the due diligence to generate the records, accesses and certificates required by the ACCOUNTANT OF MIFONDO EAFC, so that the latter can subscribe to the documents related to the PERIODIC INFORMATION UNDER ANALYSIS in the MVNet system, and that said information is sent to the Public Registry of the Securities Market (RPMV) complying with the TECHNICAL SPECIFICATIONS within the deadline established in numeral 15.3 of Article 15 of the NORMS;
Likewise, it must be taken into account that MIFONDO EAFC, in its capacity as a company supervised by the SMV, has knowledge of the periodic and occasional information it must send to the SMV in a timely manner, as well as its respective maximum presentation deadlines, therefore, it could foresee that the ACCOUNTANT OF MIFONDO EAFC would require accesses and registrations in the MVNet system to sign the documents related to the PERIODIC INFORMATION UNDER ANALYSIS, in order to send said information to the RPMV. In addition, according to Article 9 of the MVNET SYSTEM REGULATIONS, obligated entities must have the minimum technological requirements that make possible the use of MVNet and SMV Virtual, so that they can send their periodic or occasional information correctly;
Therefore, it is concluded that MIFONDO EAFC has not disproven the charges imputed through the CHARGES LETTER;
In that sense, in accordance with what has been analyzed previously, it is observed that MIFONDO EAFC has committed a (1) infringement classified as mild, classified in Annex I, numeral 3, item 3.1, of the SANCTIONS REGULATION, according to which it constitutes an infringement: "To present outside the established deadline,

d) When the information to be sent to the SMV exceeds the maximum limit of the Digital Document to be transmitted through MVNet. This limit will be published on the main page of MVNet and communicated by the OTI through a circular. e) When the Obligated Entity is unable, due to technical problems, to use all the functionalities of MVNet for the sending of information and documentation, and it is considered that such situation will last for a period greater than three (3) business days. f) When unforeseen technical problems or inconveniences attributable to the SMV occur, which affect the availability of the MVNet service."

PERU Ministry of Economy and Finance

SMV
Superintendencia del Mercado de Valores
Documento electrónico firmado digitalmente en el marco de la Ley N° 27269, Ley de Firmas y Certificados Digitales, su Reglamento y modificatorias. La integridad del documento y la autoría

or to do so incompletely, or without observing the technical specifications approved by the SMV or without communicating approval by the corresponding corporate body, to the SMV, to the Stock Exchange, to the entity in charge of the centralized trading mechanism or to any other entity or subject of the securities market, the audited individual or consolidated financial information, the individual or consolidated interim financial statements, management report, special audit report, material events, and annual reports";

IV. EVALUATION OF THE SANCTION

Pursuant to Article 35 of the SANCTIONS REGULATION, the commission of a minor nature infraction is subject to a sanction corresponding to a reprimand or a fine not less than one (1) and up to twenty-five (25) Tax Units (UIT);
In this regard, taking into account that in the present sanctioning procedure a minor infraction typified as failure to meet the deadline for submitting periodic information is being evaluated, the provisions of Article 1 of the "Gradual Regime for Sanctions for Late Submission of Financial Information, Annual Report, and Material Events", approved by SMV Resolution No. 007-2023-SMV/01 of September 4, 2023 (hereinafter, GRADUAL REGIME), effective from January 1, 2024, must be taken into account, which indicates that the purpose of this regulatory body is "to establish parameters for the application of sanctions to issuers with securities registered in the Public Registry of the Securities Market, legal entities registered in the records under the responsibility of the SMV, and other persons obliged to submit individual or annual audited financial information, individual or consolidated interim financial statements, annual report, and material events; for the late submission of said information, typified as minor infractions in the Sanctions Regulation";
Therefore, to evaluate the sanction to be imposed on MIFONDO EAFC for the failure to meet the deadline for submitting the PERIODIC INFORMATION UNDER ANALYSIS, it is necessary to apply the GRADUAL REGIME;
It should be noted that the application of the GRADUAL REGIME observes the principle of proportionality established in the Single Text of the General Administrative Procedure Law No. 27444, approved by Supreme Decree No. 004-2019-JUS (hereinafter, TUO LPAG), as it allows for the determination in a predictable manner for the administrative subject, the sanctions to be imposed on securities issuers and persons registered in the RPMV for non-compliance with the deadlines for sending information to which they are obliged by regulations and for omission in sending that information required by the SMV;
For the purpose of determining the sanction corresponding to the infraction under analysis, and in accordance with Article 5 of the GRADUAL REGIME, the evaluation criteria established in Article 344 of the Single Text of the Securities Market Law, in Article 248, paragraph 3, of the TUO LPAG, in Article 25 of the SANCTIONS REGULATION, as well as in Article 6 of the GRADUAL REGIME, whose observance is mandatory, must be taken into account;
Within this framework, the evaluation of the sanction must consider: a) The gravity of the damage to the public interest and/or protected legal good;

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b) The economic harm caused and the repercussion in the market; c) Sanction history; d) Recidivism; e) The circumstances of the commission of the infraction; f) The illicit benefit resulting from the commission of the infraction; g) The existence or non-existence of intent in the infringer's conduct; and, h) The probability of detection of the infraction;

Regarding the gravity of the damage to the public interest and/or protected legal good, it must be considered that regarding the submission of periodic information, any non-compliance with regulations on its timely submission, that is, the non-observance of the deadlines established to present such information, affects the transparency of the collective fund system, as this safeguards the right of members (actual and potential) and the general public to access such information in a timely manner in order to make investment decisions or carry out a specific evaluation; likewise, it affects the SMV in the implementation of its supervision and control activities that seek to protect the integrity of the collective fund system;
Therefore, it can be stated that MIFONDO EAFC has affected the protected legal good, which is the transparency of the collective fund system, as it submitted the interim financial statements corresponding to the fourth quarter of 2023 late;
Regarding the economic harm caused and the repercussion in the market, it has not been evidenced that the infraction incurred by MIFONDO EAFC has produced a concrete quantifiable harm in the market, that is, it has not been determined that there has been concrete harm or caused economic damage to one or more investors or members, so it has not been evidenced that there was repercussion in the collective fund system;
Regarding sanction history, it should be noted that in accordance with the GRADUAL REGIME and Article 25, letter a) of the SANCTIONS REGULATION, history consists of final sanctions imposed by the SMV within the four (4) years prior to the commission of the infraction to be sanctioned. In this sense, in accordance with the above and the review carried out in said period, it has been verified that MIFONDO EAFC has no sanction history;
Regarding recidivism for the commission of the same infraction, that final sanction imposed by the SMV within the one (1) year prior to the commission of the infraction to be sanctioned is taken into account. Within this framework, it must be stated that MIFONDO EAFC has no sanctions within the aforementioned period for the commission of the same infraction under analysis in the present administrative sanctioning procedure, so recidivism is not configured;
As for the circumstances of the commission of the infraction, it should be mentioned that MIFONDO EAFC, in its capacity as a company supervised by the SMV, knows the regulations that govern the collective fund system, and in that sense, the regulations that oblige it to submit periodic information to the SMV within the deadlines and form established in them. However, MIFONDO EAFC submitted the PERIODIC INFORMATION UNDER ANALYSIS with four (04) days of delay with respect to the presentation deadline;

PERÚ Ministry of Economy and Finance

It should be indicated that at the end of 2023, MIFONDO EAFC did not have authorized the management of any collective fund system program. The first authorized program for the administrator was granted by Resolution of the General Superintendent of Entity Supervision No. 006-2024-SMV/10.2 dated January 29, 2024;
With regard to the illicit benefit resulting from the commission of the infraction, it should be noted that it has not been proven that MIFONDO EAFC obtained a benefit directly related to the infraction under analysis in the present administrative sanctioning procedure;
As for the existence or non-existence of intent in the infringer's conduct, it has not been evidenced that MIFONDO EAFC acted with intent in the commission of the infraction under evaluation;
With regard to the probability of detection of infractions, it should be indicated that in the present case the infraction incurred by MIFONDO EAFC was evidenced as a result of the supervision and control activities carried out by the SMV regarding the compliance with the timely submission of periodic and eventual information, in accordance with the applicable regulations; therefore, the probability of detection was high;
Continuing with the analysis, it is necessary to determine the sanction to be imposed on MIFONDO EAFC. In this sense, the GRADUAL REGIME establishes in Article 6, paragraph 6.1, that a reprimand sanction may be applied when the following circumstances occur concurrently: a) When the impact on market transparency is minimal. This statement is linked to the criterion of the gravity of the damage to the public interest and/or protected legal good; b) The infraction committed has not caused concrete harm to investors or members; c) The infringing subject does not have history or, if it does, they are sanctions corresponding to minor infractions imposed by the SMV that had become final in the four (4) years prior to the commission of the infraction being evaluated; d) The infringing subject is not a recidivist; e) The infringer has not obtained benefits from his administrative infraction; and, f) It has not been proven that the infringer acted with intent in the commission of the infraction;
On this matter, as can be seen from the evaluation carried out, it has been verified that MIFONDO EAFC has no sanction history in the four (4) years prior to the commission of the infraction being evaluated. Likewise, it has not been proven that the infraction committed caused concrete harm to investors or members; it has not been evidenced that a benefit was obtained from his illegal conduct, nor has it been proven that he acted with intent in the commission of the infraction;
Regarding the impact on market transparency being minimal, it must be warned in principle and as mentioned in the evaluation of the sanction criteria of the GRADUAL REGIME, that any non-compliance with regulations regarding the deadlines established to present periodic information affects the transparency of the collective fund system, especially if this non-compliance persists over time; since such information is relevant not only for members, but for the market in general. In this sense, it is the obligation of every administrator company to present the periodic information required by regulations within the established deadlines, that is, in a timely manner;

PERÚ Ministry of Economy and Finance

Nevertheless, it should be indicated that although the presentation of the individual quarterly financial statements was delayed by four (04) days, it can be appreciated that during the time MIFONDO EAFC did not present said periodic information to the SMV, the degree of impact on market transparency has been minimal. Without prejudice to the fact that in similar cases, a greater delay in the presentation of said information may determine a greater degree of impact on the transparency of the collective fund system;
Therefore, as a result of the evaluation carried out, MIFONDO EAFC meets the conditions established in Article 6, paragraph 6.1 of the GRADUAL REGIME, so, in accordance with said conditions, it corresponds to apply a reprimand sanction for the infraction under analysis;
In addition to the above, it is necessary to analyze the exculpatory and mitigating circumstances of responsibility established in Article 257 of the TUO LPAG 9, as well as the mitigating and exculpatory conditions of responsibility established in Articles 26 and 27 of the SANCTIONS REGULATION. In this regard, it is not observed that in the present case any of the circumstances that constitute exculpatory or mitigating conditions of responsibility have been configured;
With regard to the voluntary declaration of the commission of the infraction and the contribution of the infringer to its clarification, established in Article 257, paragraph 2, letter a) of the TUO LPAG and in Article 26, letters a) and b) of the SANCTIONS REGULATION, it should be noted that MIFONDO EAFC has not expressly recognized the commission of the infraction under evaluation; however, it has contributed to the clarification of the facts;
In accordance with Article 32, paragraph 17, of the Regulation on Organization and Functions of the SMV, approved by Supreme Decree No. 216-2011-EF and its amendments, as well as the GRADUAL REGIME;

RESOLVES:

Article 1º.- Declare that Mifondo Empresa Administradora de Fondos Colectivos Sociedad Anónima Cerrada has incurred one (1) minor infraction typified in Annex I, paragraph 3, letter 3.1 of the Sanctions Regulation, approved by SMV Resolution No. 035-2018-SMV/01, for

“Article 257.- Exculpatory and mitigating conditions of responsibility for infractions

1.- The following constitute exculpatory conditions of responsibility for infractions:
a) Force majeure or fortuitous event duly proven. b) Acting in compliance with a legal duty or the legitimate exercise of the right of defense. c) Mental incapacity duly proven by the competent authority, provided that this affects the ability to understand the infraction. d) Mandatory order from a competent authority, issued in the exercise of its functions. e) Error induced by the Administration or by confusing or illegal administrative provision. f) Voluntary remediation by the potential sanctioned party of the act or omission imputed as constituting an administrative infraction, prior to the notification of the charges referred to in paragraph 3) of Article 235.

2.- The following constitute mitigating conditions of responsibility for infractions:
a) If an administrative sanctioning procedure has been initiated and the infringer recognizes his responsibility expressly and in writing.
In cases where the applicable sanction is a fine, it is reduced to an amount not less than half of its value. b) Others established by special regulation.”

PERÚ Ministry of Economy and Finance

for submitting the interim financial statements corresponding to the fourth quarter of 2023 outside the deadline established in the applicable regulations.

Article 2º.- Sanction Mifondo Empresa Administradora de Fondos Colectivos Sociedad Anónima Cerrada with one (1) reprimand, pursuant to Article 1 of this resolution.

Article 3º.- This resolution does not exhaust the administrative route, unless it is consented, and may be challenged before the Deputy Superintendent of Prudential Supervision by filing a reconsideration appeal, presented before the same, within the deadline of fifteen (15) business days counted from the day following its notification.

Article 4º.- In the event that this resolution is not subject to challenge through a reconsideration appeal within the deadline of fifteen (15) business days of notification and becomes consented, it must be published on the Institutional Page of the SMV in the Single Digital Platform of the Peruvian State, in observance of what is established in paragraph 1, Article 7 of the Policy on dissemination of normative projects, legal norms of a general nature, early agenda, and other administrative acts of the SMV, approved by SMV Resolution No. 014-2014-SMV/01 and its amendment, and by what is established in Article 14 of the Sanctions Regulation, approved by SMV Resolution No. 035-2018-SMV/01.

Article 5º.- Transcribe this resolution to Mifondo Empresa Administradora de Fondos Colectivos Sociedad Anónima Cerrada.

Omar Gutiérrez Ochoa
Deputy Superintendent
Deputy Superintendent of Prudential Supervision

PERÚ Ministry of Economy and Finance

ANNEX – DESIGNATIONS

Person Designation
Indira Norka Loayza Ortiz ACCOUNTANT OF MIFONDO EAFC

Lineage

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