Adjunct Superintendent Resolution No. 034-2025-SMV/10 — SMV — PE

PERÚ 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. 034-2025-SMV/10 Lima, June 10, 2025 Summary: Autoplan Empresa Administradora de Fondos Colectivos S.A. is sanctioned with a reprimand, for having committed five (5) infractions: three (3) infractions of a grievous nature typified in Annex XIII, section 2, subsection 2.16 of the Sanctions Regulation, for not complying with the provisions of the collective fund administration contract, since it failed to remit all payment receipts, for failing to remit the general conditions or remitting them in an incomplete manner, and for failing to respond to a complaint; and two (2) infractions of a minor nature typified in Annex XIII,
section 3, subsection 3.7 of the Sanctions
Regulation, for having failed to remit to the associate the assembly calendars and the account statements for the contracts signed in the observed periods.
Administered Entity: Autoplan Empresa Administradora de Fondos Colectivos S.A.
Subject: Administrative sanctioning procedure
File No.: 2024047278
The Adjunct Superintendent of Prudential Supervision SEEN:
The administrative file No. 2024047278, and Report No. 461-2025-SMV/10.3, issued by the General Superintendent of Prudential Compliance; and, CONSIDERING:

Pursuant to Article 1 of Law No. 29782, Law on
Strengthening the Supervision of the Securities Market, the name of the National Commission for the Supervision of Companies and Securities (CONASEV) is replaced by that of

PERÚ 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 Securities Market Superintendency (SMV), so that any reference to CONASEV in legal norms shall be understood as referring to the SMV;
I. FACTS
2. On April 29, 2021, COMPLAINANT 1 signed
the Collective Fund Administration Contract Special Program of Advance Adjudications with Designated Supplier-Mode of Purchase Certificate, Program “Plan 21” No. 215352 (hereinafter, CONTRACT 1);
3. On May 25, 2021, the COMPLAINANT signed
the Collective Fund Administration Contract Special Program of Advance Adjudications with Designated Supplier-Mode of Purchase Certificate, Program “Plan 21” No. 216943 (hereinafter, CONTRACT 2);
4. On September 25, 2021, the COMPLAINANT
signed the Collective Fund Administration Contract Mode of Purchase Certificate of the Autoplan-002 Program No. 034181 (hereinafter, CONTRACT 3);
5. By the document received on October 10,
2022, the COMPLAINANT filed a complaint before the Securities Market Superintendency (SMV), against AUTOPLAN EAFC 2 , in which he refers, among other things, that due to the delay in what was offered by AUTOPLAN EAFC and not complying with transferring his money from CONTRACT 1 and CONTRACT 2 to CONTRACT 3, on March 22, 2022 he requested through the complaint book of AUTOPLAN EAFC to proceed with payment by compensation, so that the money paid in the first two contracts signed are transferred as advance payments for the respective installments of the awarded vehicle, or in any case return his money paid in the first two contracts so that he can cancel the installments of the new contract directly; however, to the date of filing his complaint, no response has been given to his complaint. He adds that despite having repeatedly requested AUTOPLAN EAFC to effect the return of the money paid for the installments corresponding to CONTRACT 1 and CONTRACT 2, this was not fulfilled;
6. The COMPLAINANT also refers that he was never
given the schedule of the assemblies in which he would participate. Therefore, he requested the receipt of the notification of the assemblies duly signed by his person;
7. Likewise, the COMPLAINANT indicates that he never
received any payment receipt corresponding to the payments made at the beginning, this would imply according to the complainant a breach by AUTOPLAN EAFC of the contracts signed. Therefore, he requests the record of sending his payment receipts;
8. The COMPLAINANT adds that the importance of having
the original contract is that it contains the basic characteristics of his contract, such as the group number, vacancy number and the detail of the amounts he would have to pay monthly;

1 In the 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. 2 With file No. 2022040633

PERÚ 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
9. Likewise, the COMPLAINANT points out that AUTOPLAN
EAFC has not fulfilled delivering his account statements for any month, as established in article 70 of the Regulation of the Collective Fund System and its Administrators, approved by Resolution No. 020-2014-SMV-01 and its amendments (hereinafter, REGULATION), which according to the complainant should have been delivered monthly. Therefore, he requested the remittance of the account statements of CONTRACT 1, 2 and 3; the COMPLAINANT attaches as part of his complaint, among others, the following documents:
a. Copies of the payment records made by the complainant in favor of AUTOPLAN EAFC 3 b. Copy of Complaint Sheet No. 223, presented by the COMPLAINANT on March 22, 2022, which has a received stamp from AUTOPLAN EAFC on that same date.
c. Copy of the complainant's letter with the subject “I request compensation or
return of money” received by AUTOPLAN EAFC on June 13, 2022. d. Copy of notarized letter dated June 10, 2022, received in process by the Banda notary on June 15, 2022, and delivered to AUTOPLAN EAFC on June 22 2022;
10. With Letter No. 5246-2022-SMV/10.3, notified on
October 13, 2022 (hereinafter, LETTER), the General Superintendent of Prudential Compliance transferred the complaint filed by the COMPLAINANT to AUTOPLAN EAFC in order to remit the corresponding comments and was required, among others, the following documentation and/or information:
“(...)
c. Copy of the Collective Fund Administration Contracts No. 215362,
216943 and 034181 signed between Autoplan EAFC and the COMPLAINANT.
(...) e. Copy of the receipts of notification of the calls to the Assemblies in which the COMPLAINANT was entitled to participate, as well as the receipt of delivery of the Calendar of Associates Assemblies respective. f. Copies of the payment receipts of the installments canceled by the COMPLAINANT corresponding to the collective fund administration contracts Nos. 215362, 216943 and 034181; as well as the receipts of reception
i. All correspondence (letters and emails) between the COMPLAINANT and AUTOPLAN EAFC
in attention to the complaints presented, especially the one presented on March 22 2022. j. Any other information and/or documentation that considers pertinent to the case and that allows clarifying the facts complained of. (...) ”;

3 These are the following: Copy of the record for the amount of US$ 388.46 (Three hundred eighty-eight with 46/100 dollars American) dated May 22, 2021, copy of the payment record made by the complainant in favor of AUTOPLAN EAFC for the amount of US$ 1,239.00 (One thousand two hundred thirty-nine with 00/100 dollars American) dated April 29, 2021, copy of the payment record made by the complainant in favor of AUTOPLAN EAFC for the amount of US$ 1,541.55 (One thousand five hundred forty- one with 55/100 dollars American) dated May 25, 2021.

PERÚ 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
11. With document presented on October 24,
2022, AUTOPLAN EAFC requested an additional period for the presentation of the information required by the LETTER;
12. By Letter No. 5452-2022-SMV/10.3,
notified on October 25, 2022, it was made known to AUTOPLAN EAFC the granting of the extension of the period, for the presentation of the information requested by the LETTER;
13. In response to the LETTER, on November 08 of
2022, AUTOPLAN EAFC sent its comments regarding the complaint, as well as part of the information required by the SMV. Additionally, he requested an additional period for the presentation of the missing information requested by the LETTER:
a. Copy of CONTRACT 1 with fingerprint and signature of the COMPLAINANT, dated April 29 of 2021 b. Copy of the document named “Annex 1-General conditions of the contract of collective fund administration”, which is an integral part of CONTRACT 1, which only has the percentage of the administration fee and the enrollment fee.
c. Copy of the document named “Payment receipt for entry into the program
Plan 21”, which is an integral part of CONTRACT 1, in which it is stated that AUTOPLAN EAFC received US$ 1,239.00 (One thousand two hundred thirty-nine with 00/100 soles) from the COMPLAINANT. d. Copy of CONTRACT 2, Plan 21 Program, which was electronically by the COMPLAINANT, on May 25, 2021, at 22:56:01 UTC hours, through the service provided by TOC Biometric. e. Copy of the schedule of the first 3 assemblies in which he was entitled to participate the complainant, corresponding to CONTRACT 2. f. Copy of CONTRACT 3, with fingerprint and signature of the COMPLAINANT, dated September 25 of 2021. g. Copy of the document named “Annex 1-General conditions of the contract of collective fund administration”, which is an integral part of CONTRACT3, the which only has the percentage of the administration fee and the enrollment fee. h. Copy of the document named “Payment Receipt for entry into the Program Autoplan-002” corresponding to CONTRACT 3, in which it is stated that AUTOPLAN EAFC received US$ 805.00 (Eight hundred five with 00/100 dollars American) from the COMPLAINANT.
i. Copy of the letter received by AUTOPLAN EAFC on June 13, 2022, which was
sent and signed by the COMPLAINANT, through which he requests that within the period of seventy-two (72) hours transfer as advance payment the balances of CONTRACT 1 and of CONTRACT 2 in favor of CONTRACT 3 or in any case return the money contributed from the original contracts, taking into account, among others, that he has not received a response to his request for return of contributions.

PERÚ 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 j. Copy of the letter with the subject “I request compensation or return of money” received by AUTOPLAN EAFC on June 13, 2022, which was sent and signed by the COMPLAINANT, through which he requests that the money he paid for his previous contracts be transferred to the last contract that the complainant signed or otherwise return the total amount of money delivered in the original contracts, taking into account, among others, that to date he has not received any response to his complaint of March 22, 2022. k. Copy of the account statements corresponding to CONTRACT 1, for the months of June 2021, July 2021, August 2021, September 2021, October 2021, November 2021, December 2021 and January 2022
l. Copy of the account statements corresponding to CONTRACT 2, for the months of
July 2021, August 2021, September 2021, October 2021, November 2021, December 2021, January 2022. m. Copy of the account statements corresponding to CONTRACT 3, for the months of November 2021, December 2021, January 2022, February 2022, March 2022, April 2022, May 2022, June 2022, July 2022, August 2022, September 2022, October 2022. n. Copy of email sent from the address atencionreclamo@autoplan.pe to the complainant's electronic address EMAIL1 on July 12, 2022, with the subject “Response to letter of request filed in office – (...)”. In said email it is indicated that compliance is given with giving response to the request presented by the Complainant on June 13, 2022, but the attached document is not presented to the email. o. Copy of the receipts of remittance of the account statements of the COMPLAINANT, for the months of June 2022, August 2022, September 2022 and October 2022 corresponding to CONTRACT 3, sent by AUTOPLAN EAFC;
14. By Letter No. 5755-2022-SMV/10.3,
notified on November 11, 2022, it was made known to AUTOPLAN EAFC the granting of the extension of the period requested;
15. In response to the LETTER, on November 23, 2022,
AUTOPLAN EAFC sent part of the information required by the SMV. Additionally, he requested an additional period for the presentation of the missing information requested by the LETTER:

Copies of the Electronic Sales Slips corresponding to Contract 1,
Contract 2 and Contract 3 4
;

4 According to the following detail: Copy of Electronic Sales Slip No. B004- 00047674, corresponding to CONTRACT 1, issued by AUTOPLAN EAFC on May 3, 2021 to the COMPLAINANT for the amount of US$ 849.60 (Eight hundred forty-nine with 60/100 dollars American), copy of the Electronic Sales Slip No. B004- 00047751, corresponding to CONTRACT 1, issued by AUTOPLAN EAFC on May 3, 2021 to the COMPLAINANT for the amount of US$ 0.94 (94/100 dollars American), copy of the Electronic Sales Slip No. B004- 00047791, corresponding to CONTRACT 1, issued by AUTOPLAN EAFC on May 3, 2021 to the COMPLAINANT for the amount of US$ 388.46 (Three hundred eighty-eight and 46/100 dollars American), copy of the Electronic Sales Slip No. B004- 00051680, corresponding to CONTRACT 2, issued by AUTOPLAN EAFC on May 28, 2021 to the COMPLAINANT for the amount of US$ 258.98 (Two hundred fifty-eight and 98/100 dollars American), copy of the Electronic Sales Slip No. B004-0051730, corresponding to CONTRACT 2, issued by AUTOPLAN EAFC on May 28, 2021 to the LADY RAMIREZ for the amount of US$ 566.40 (Five hundred sixty-six and 40/100 dollars American), copy of the Electronic Sales Slip No. B004- 00051731, corresponding to CONTRACT 2, issued by AUTOPLAN EAFC on May 28, 2021 to the COMPLAINANT for the amount of US$ 258.98 (Two hundred fifty-eight and 98/100 dollars American), copy of the Electronic Sales Slip No. B004- 00051778, corresponding to CONTRACT 2, issued by AUTOPLAN EAFC on May 28, 2021 to the COMPLAINANT for the amount of US$ 258.98 (Two hundred fifty-eight and 98/100 dollars American), copy of the Electronic Sales Slip No. B004- 00051826, corresponding to CONTRACT 2, issued by AUTOPLAN EAFC on May 28, 2021 to the COMPLAINANT for the amount of US$ 144.66

PERÚ 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
16. By Letter No. 6033-2022-SMV/10.3,
notified on November 28, 2022, it was made known to AUTOPLAN EAFC the granting of the extension of the period required;
17. In response to the LETTER, on December 07, 2022,
AUTOPLAN EAFC requested an additional period for the presentation of the information required by the LETTER;
18. By Letter No. 6190-2022-SMV/10.3,
notified on December 13, 2022, it was made known to AUTOPLAN EAFC the granting of the extension of the period requested;
19. With document presented on December 22, 2022,
AUTOPLAN EAFC requested an additional period for the presentation of the missing information required by the LETTER;
20. On February 13, 2023, by email,
AUTOPLAN EAFC was required to remit additional information regarding the complaint filed by the COMPLAINANT, and was required, among others, the following documentation and/or information:
(...) a. The notification of the first assembly and the assembly calendar respecting the collective fund administration contracts No. 215352 and No. 34181. b. Response to the complaint filed by Mr. (...) on March 22, 2022. (...) d. Receipts of receipt of the payment receipts corresponding to the collective fund administration contracts No. 215352, No. 216943 and No. 34181.

(One hundred forty-four and 66/100 dollars American), copy of the Electronic Sales Slip No. B004- 00051954, corresponding to CONTRACT 1, issued by AUTOPLAN EAFC on May 29, 2021 to the COMPLAINANT for the amount of US$ 13.55 (Thirteen and 55/100 dollars American), copy of the Electronic Sales Slip No. B004- 00052543, corresponding to CONTRACT 2, issued by AUTOPLAN EAFC on June 1, 2021 to the COMPLAINANT for the amount of US$ 53.55 (Fifty-three and 55/100 dollars American), copy of the Electronic Sales Slip No. B001- 00241163, corresponding to CONTRACT 3, issued by AUTOPLAN EAFC on October 1 of 2021 to the COMPLAINANT for the amount of US$ 566.40 (Five hundred sixty-six and 40/100 dollars American), copy of the Electronic Sales Slip No. B001- 00241292, corresponding to CONTRACT 3, issued by AUTOPLAN EAFC on October 1 of 2021 to the COMPLAINANT for the amount of US$ 1.12 (One and 12/100 dollars American), copy of the Electronic Sales Slip No. B001- 00241357, corresponding to CONTRACT 3, issued by AUTOPLAN EAFC on October 1 of 2021 to the COMPLAINANT for the amount of US$ 237.74 (Two hundred thirty-seven and 74/100 dollars American), copy of the Electronic Sales Slip No. B001- 00252300, corresponding to CONTRACT 3, issued by AUTOPLAN EAFC on November 4, 2021 to the COMPLAINANT for the amount of US$ 200.00 (Two hundred and 00/100 dollars American), copy of the Electronic Sales Slip No. B001- 00252502, corresponding to CONTRACT 3, issued by AUTOPLAN EAFC on November 5, 2021 to the COMPLAINANT for the amount of US$
50.00 (Fifty and 00/100 dollars American), copy of the Electronic Sales Slip No. B001- 00252576, corresponding to
CONTRACT 3, issued by AUTOPLAN EAFC on November 5, 2021 to the COMPLAINANT for the amount of US$ 4.21 (Four and 21/100 dollars American), copy of the Electronic Sales Slip No. B002- 00010219, corresponding to CONTRACT 1, issued by AUTOPLAN EAFC on December 31, 2021 to the COMPLAINANT for the amount of US$ 600.94 (Six hundred and 94/100 dollars American), copy of the Electronic Sales Slip No. B002- 00010235, corresponding to CONTRACT 2, issued by AUTOPLAN EAFC on December 31, 2021 to the COMPLAINANT for the amount of US$ 798.21 (Seven hundred ninety-eight and 21/100 dollars American), copy of the Electronic Sales Slip No. B001- 00283803, corresponding to CONTRACT 3, issued by AUTOPLAN EAFC on February 8, 2022 to the COMPLAINANT for the amount of US$ 263.32 (Two hundred sixty-three and 32/100 dollars American), copy of the Electronic Sales Slip No. B001- 00283850, corresponding to CONTRACT 3, issued by AUTOPLAN EAFC on February 8 of 2022 to the COMPLAINANT for the amount of US$ 257.99 (Two hundred fifty-seven and 99/100 dollars American), copy of the Electronic Sales Slip No. B001- 00284316, corresponding to CONTRACT 3, issued by AUTOPLAN EAFC on February 10 of 2022 to the COMPLAINANT for the amount of US$ 263.32 (Two hundred sixty-three and 32/100 dollars American), copy of the Electronic Sales Slip No. B001- 00342097, corresponding to CONTRACT 3, issued by AUTOPLAN EAFC on August 1, 2022 to the COMPLAINANT for the amount of US$ 317.43 (Three hundred seventeen and 43/100 dollars American), copy of the Electronic Sales Slip No. B001- 00355079, corresponding to CONTRACT 3, issued by AUTOPLAN EAFC on September 19, 2022 to the COMPLAINANT for the amount of US$ 317.43 (Three hundred seventeen and 43/100 dollars American).

PERÚ Ministry of Economy and Finance

a. Receipt charges for the account statements of the collective fund administration contracts No. 215352, No. 216943 and No. 34181.
(...);
21. On February 17, 2023, by email, the request made to AUTOPLAN EAFC via the email sent on February 13, 2023 was reiterated;
22. In response to the email sent on February 17, 2023, AUTOPLAN EAFC submitted its comments regarding the complaint filed by the COMPLAINANT, as well as part of the information requested by the SMV. Additionally, it requested an additional deadline for the submission of the missing information requested by the email of February 13, 2023. In this sense, AUTOPLAN EAFC submitted the following documentation; among others, which is in the file:
b. Copy of the document by which AUTOPLAN EAFC notifies the COMPLAINANT of the first three (3) assemblies of Group No. 023 of the Plan 21 Program. This document bears the signature and fingerprint of the complainant but does not have a receipt date.
c. Copy of the document by which AUTOPLAN EAFC notifies the COMPLAINANT of the first three (3) assemblies of Group No. 069 of the Autoplan-002 Program and of one assembly of Group No. 068 of the Autoplan-002 Program. This document bears the signature and fingerprint of the complainant, but does not have a receipt date.
d. Copy of the document titled "Payment Schedule" corresponding to CONTRACT 1 of the COMPLAINANT. e. Copy of the document titled "Payment Schedule" corresponding to CONTRACT 2 of the COMPLAINANT. f. Copy of the document titled "Payment Schedule" corresponding to CONTRACT 3 of the COMPLAINANT g. Copy of email sent on August 13, 2022 by AUTOPLAN EAFC to the COMPLAINANT sending their account statement corresponding to the month of August of CONTRACT 3. h. Copy of email sent on September 13, 2022 by AUTOPLAN EAFC to the COMPLAINANT sending their account statement corresponding to the month of September of CONTRACT 3.
i. Copy of email sent on October 13, 2022 by AUTOPLAN EAFC to the COMPLAINANT sending their account statement corresponding to the month of October of CONTRACT 3.
j. Copy of email sent on November 12, 2022 by AUTOPLAN EAFC to the COMPLAINANT sending their account statement corresponding to the month of November of CONTRACT 3;
23. Through Office No. 790-2023-SMV/10.3, notified on February 22, 2023 (hereinafter, OFFICE 790), AUTOPLAN EAFC was informed of the granting of the extension of the deadline. Additionally, some observations regarding the information submitted on February 17, 2023 were indicated to it;

PERÚ Ministry of Economy and Finance

SMV
Superintendencia del Mercado de Valores
Electronically signed document within the framework of Law No. 27269, Law of Digital Signatures and Certificates, its regulations and amendments. The integrity of the document and the authorship
24. On March 7, 2023, by email, the request made to AUTOPLAN EAFC via OFFICE 790 was reiterated;
25. In response to OFFICE 790, on March 7, 2023, AUTOPLAN EAFC submitted, among others, its comments on the observations made. Additionally, it requested an additional deadline for the submission of the missing information requested by OFFICE 790;
26. Through Office No. 1038-2023-SMV/10.3 (hereinafter, OFFICE 1038), notified on March 9, 2023, AUTOPLAN EAFC was informed of the granting of the extension of the deadline. On the other hand, AUTOPLAN EAFC was reiterated to submit the response to the complaint of March 22, 2022 and the receipt charges for the account statements of CONTRACT 1, CONTRACT 2 and CONTRACT 3;
27. On March 29, 2023, by email, the request made to AUTOPLAN EAFC via OFFICE 1038 regarding the delivery of the receipts for the payment vouchers corresponding to CONTRACT 1, CONTRACT 2 and CONTRACT 3 was reiterated, and the information that was pending submission was reminded to it;
28. Through a written document dated March 29, 2023, AUTOPLAN EAFC submitted its comments regarding the complaint, as well as part of the information requested by the SMV, among which is the out-of-court transaction signed with the COMPLAINANT (hereinafter, TRANSACTION) and the withdrawal statement, both dated March 8, 2023;
29. Through the TRANSACTION dated March 8, 2023, which includes the agreements between AUTOPLAN EAFC and the COMPLAINANT regarding the complaint subject of this analysis, through which AUTOPLAN EAFC recognizes in favor of the COMPLAINANT the sum of US$ 3,169.01 (Three thousand one hundred sixty-nine with 01/100 US dollars) for the concept of return of contributions made due to CONTRACT 1 and CONTRACT 2. On its part, the COMPLAINANT voluntarily and irrevocably recognizes that this commitment satisfies in its entirety any economic claim that it might have now or in the future with the administrator company;
30. Likewise, AUTOPLAN EAFC presents a copy of a written document dated March 8, 2023, through which the COMPLAINANT addresses the General Superintendent of Prudential Compliance, in order to withdraw their claims and the procedure; as well as to request the filing of the complaint. In this sense, AUTOPLAN EAFC presented the following documentation which is in the file:
a. Copy of the TRANSACTION dated March 8, 2023 signed by AUTOPLAN EAFC and the COMPLAINANT. b. Copy of the withdrawal statement dated March 8, 2023 signed by the COMPLAINANT, through which they address the General Superintendent of Prudential Compliance of the SMV in order to withdraw their claims and the complaint procedure filed against AUTOPLAN EAFC.
c. Copy of the bank transfer operation from BCP, carried out on March 13, 2023 by AUTOPLAN EAFC in favor of the COMPLAINANT for the amount of US$

PERÚ Ministry of Economy and Finance

SMV
Superintendencia del Mercado de Valores
Electronically signed document within the framework of Law No. 27269, Law of Digital Signatures and Certificates, its regulations and amendments. The integrity of the document and the authorship 3,169.01 (Three thousand one hundred sixty-nine and 01/100 US dollars) with operation No. 250367762;
31. Through Office No. 5223-2024-SMV/10.3 notified on November 19, 2024 (hereinafter, NOTICE OF CHARGES), an administrative sanctioning procedure was initiated against AUTOPLAN EAFC, imputing charges for some facts related to the complaint of the COMPLAINANT;
32. AUTOPLAN EAFC has not submitted its defense to the administrative sanctioning procedure initiated through the NOTICE OF CHARGES, up to the date of issuance of this Resolution;
33. The charges formulated against AUTOPLAN EAFC have been subject to evaluation by the General Superintendent of Prudential Compliance in Report No. 461-2025-SMV/10.3, which has been submitted to the knowledge of this Deputy Superintendence;
34. In observance of the Principle of Due Process contemplated both in article IV, paragraph 1, numeral 1.2 of the Preliminary Title, as well as in article 248°, numeral 2, of the Single Text of the General Administrative Procedure Law, Law No. 27444, approved by Supreme Decree No. 004-2019-JUS, published on January 25, 2019 (hereinafter, TUO OF THE LPAG), through Office No. 1929-2025-SMV/10, the administrative file to which this resolution refers was made available to AUTOPLAN EAFC for its review;
II. MATTERS TO BE DETERMINED
35. In the present administrative procedure, in the opinion of this Deputy Superintendence, it corresponds to determine the following:
a. Whether AUTOPLAN EAFC incurred or did not incur the infringement established in Annex XIII, numeral 3, paragraph 3.7 of the Sanctions Regulation, approved by Resolution No. 035-2018-SMV/01 (hereinafter, SANCTIONS REGULATION), for failing to send the associates the assembly calendars in which they were supposed to participate for the contracts signed in the observed periods. b. Whether AUTOPLAN EAFC incurred or did not incur the infringement established in Annex XIII, numeral 3, paragraph 3.7 of the SANCTIONS REGULATION, for failing to send the associates the account statements for the contracts signed in the periods indicated.
c. Whether AUTOPLAN EAFC incurred or did not incur the infringement established in Annex XIII, numeral 2, paragraph 2.16 of the SANCTIONS REGULATION, for failing to send the associate the entirety of the payment vouchers, in relation to the contracts signed.
d. Whether AUTOPLAN EAFC incurred or did not incur the infringement established in Annex XIII, numeral 2, paragraph 2.16 of the SANCTIONS REGULATION, for failing to comply with the contract regarding the legal deadline established to respond to the complaint. e. Whether AUTOPLAN EAFC incurred or did not incur the infringement established in Annex XIII, numeral 2, paragraph 2.16 of the SANCTIONS REGULATION, for failing to send the general conditions or sending them incompletely regarding the contracts signed with the associate. f. Whether it corresponds or not to impose sanctions on AUTOPLAN EAFC;

PERÚ Ministry of Economy and Finance

SMV
Superintendencia del Mercado de Valores
Electronically signed document within the framework of Law No. 27269, Law of Digital Signatures and Certificates, its regulations and amendments. The integrity of the document and the authorship
III. ANALYSIS
3.1 Of the Applicable Normative
ON THE CONTRACT
36. Regarding the CONTRACT, article 21°, first paragraph, of the REGULATION provides:
"Article 21.- Contract
The Contract is of a private nature and has a collective character, it regulates the relationships between the Associates and the Administrator, and in it the rights and obligations of both parties are established; its content is governed by what is established in article 95 of the Regulation. (…)". (Underline added); A. ON THE DELIVERY OF ACCOUNT STATEMENTS TO THE ASSOCIATE AND THE CORRESPONDING ASSEMBLY CALENDAR
37. Clause 10, numeral 10.4, letter l) of CONTRACT 1, CONTRACT 2 and CONTRACT 3 establishes that the functions and obligations of AUTOPLAN EAFC are the following:
"10.4 FUNCTIONS AND OBLIGATIONS OF AUTOPLAN:
The following are the functions and obligations of the Administrator:
(...) l) Others provided for in the Regulation.
(...)");
38. Regarding this, article 70 second paragraph of the REGULATION indicates the following:
"Article 70.- Obligation to provide periodic information to Associates The Administrator has the obligation to provide information to its Associates regarding their account statements and the Assembly calendar. When applicable, it will send information on the price variation of the goods under Programs of specific goods and other services they contract. Account statements must be sent at least with the periodicity in which the Assemblies are held. The Assembly calendar must be sent with a minimum periodicity of three (03) months. The price variation of the goods under Programs of specific goods may be included in the account statement that the Administrator sends to the Associate. The Associate's account statement must contain as a minimum the information contained in Annex 8. The modality to be used to provide the aforementioned information must be agreed upon in the Contracts. Additionally, the Administrator may use different electronic communication means that allow the Associate to be able to take adequate and timely knowledge of the respective information. In the event that email is used, this medium must guarantee non-repudiation and allow traceability of the communication". (Underline added);

PERÚ Ministry of Economy and Finance

SMV
Superintendencia del Mercado de Valores
Electronically signed document within the framework of Law No. 27269, Law of Digital Signatures and Certificates, its regulations and amendments. The integrity of the document and the authorship B. ON THE REMISSION OF PAYMENT VOUCHERS
39. Regarding the obligation of AUTOPLAN EAFC to send the respective payment vouchers to the associate, clause 7, numeral 7.6, of CONTRACT 1, CONTRACT 2 and CONTRACT 3 establishes the following:
"SEVENTH CLAUSE: OF THE PAYMENTS
(...)
7.6 Autoplan will issue the respective payment vouchers in the name of the Associate, which will be sent to the address indicated by the Associate in the General Conditions of this Contract. Prior to the aforementioned, Autoplan must validate the payment made in the Collector Accounts and identify that it has been made, which is done for the obtaining of the Purchase Certificate.
(...)") (Underline added);
C. ON THE DEADLINE FOR ATTENDING COMPLAINTS
40. Regarding the resolution of complaints, article 68 of the REGULATION provides the following:
"Article 68.- Resolution of complaints
The Administrator must have responsible personnel to attend to the complaints of the Associates, subject to what is established in the Applicable Norms on complaints and claims against entities supervised by the Superintendencia del Mercado de Valores - SMV, approved by SMV Resolution No. 006- 2012-SMV-01, or the norm that replaces it";
41. In this sense, article 3 of the "Applicable Norms on complaints and claims against entities supervised by the Superintendencia del Mercado de Valores - SMV" approved through SMV Resolution No. 006-2012-SMV-01 (hereinafter, APPLICABLE NORMS ON COMPLAINTS AND CLAIMS) establishes the procedure for attending to complaints:
"Article 3.- Attention of complaints by legal entities authorized by the SMV Without prejudice to the compliance with the norms that determine the direct attention of complaints that final consumers might formulate and the obligation to have a Complaints Book, within the framework of what is established by articles 24 and 150 of the Consumer Protection and Defense Code, Law No. 29571, the legal entities to which the SMV has granted operating authorization are obliged to directly attend any complaint by their clients regarding the services they provide, within a maximum deadline of thirty (30) calendar days from the date of presentation of the respective complaint. This deadline may be extended by another equal one when the nature of the complaint justifies it, a situation that is made known to the complainant before the end of the initial deadline. If the complainant requires it, the response must be made in writing. (...)." (Underline added);
42. Likewise, clause tenth, numeral 10.1, letter c) last paragraph of CONTRACT 3 establishes:
"TENTH CLAUSE: OF THE RIGHTS AND OBLIGATIONS

PERÚ Ministry of Economy and Finance

SMV
Superintendencia del Mercado de Valores
Electronically signed document within the framework of Law No. 27269, Law of Digital Signatures and Certificates, its regulations and amendments. The integrity of the document and the authorship
10.1 RIGHTS OF THE ASSOCIATES
(...) c). (...)
On its part, in case complaints are made by the Associate, these complaints will be directed to the corresponding area of AUTOPLAN, which will have a deadline of thirty (30) calendar days to resolve the indicated complaint, counted from its receipt. This deadline may be prorogued according to its nature. The formulation of a complaint according to this clause does not constitute a prior path nor implies any limitation for the Associate to use another mechanism for dispute resolution (...)(Underline added)"; D. ON THE REMISSION OF THE GENERAL CONDITIONS OF THE CONTRACT
43. In relation to the obligation of AUTOPLAN EAFC to send the general conditions of the contract to the associate, clause third, numeral 3.2 and clause fifth, numeral 5.2 subsection 5.2.1, and clause eighteenth of CONTRACT 1, CONTRACT 2 and CONTRACT 3 states the following:
THIRD CLAUSE: OBJECT
(...)
3.2. The General Conditions of the Contract will contain, among others, the data of the associate and the Group, as well as the duration of the latter and of the Contract. Likewise, the value of the Purchase Certificate will be recorded, the detail of the awards, the amount of the installments to be paid, their maturity, and any other information required by the SMV.""FIFTH CLAUSE: ENTRY OF THE ASSOCIATE, DURATION AND TERMINATION OF THE GROUP
(...)
5.2 ACCEPTANCE OF THE ASSOCIATE
5.2.1. Once the registration of the applicant is approved, they will enter the Group as an Associate, therefore Autoplan will send them the General Conditions of the Contract duly signed, which will contain the code of the associate with the identification of the program to which they belong, the Group, the position of the Group and its sequence within the position.
(...)")
"EIGHTEENTH CLAUSE: CORRELATION OF DOCUMENTS
The General Conditions of the Contract form an integral part of the latter, therefore in both documents the same identification number will be recorded in the upper right margin. In this sense, the signing of the General Conditions of the Contract will imply the agreement of the Associate regarding the terms and conditions contained in the Contract, which the Associate declares to have received, read and understood, in accordance with what is established in Clause Third and Seventeenth of this document";
3.2. Of the Charges Formulated
A. On the remission of the assembly calendars of the contracts signed

PERÚ Ministry of Economy and Finance

SMV
Superintendencia del Mercado de Valores
Electronically signed document within the framework of Law No. 27269, Law of Digital Signatures and Certificates, its regulations and amendments. The integrity of the document and the authorship
44. According to what is established in the normative, the administrator company has the obligation to provide information to the associate, regarding the assembly calendar. Likewise, it is specified that the assembly calendar must be sent with a minimum periodicity of three (3) months, through the modality established in the contracts signed;
45. In this sense, AUTOPLAN EAFC had to send to the COMPLAINANT, in their capacity as associate of the "Plan 21" Program, Groups 23 and 24 corresponding to CONTRACT 1, and CONTRACT 2, and of the "Autoplan-002" program, Group 70 corresponding to CONTRACT 3, their assembly calendars during the validity of said contracts; that is to say, for the present case, at least with a minimum periodicity of three (3) months;
46. In the case of CONTRACT 1, AUTOPLAN EAFC had to send the assembly calendars from its signing on April 29, 2021, until it was resolved by the administrator company, on December 31, 2021 5;
47. In the case of CONTRACT 2, AUTOPLAN EAFC had to send the assembly calendars from its signing on May 25, 2021, until it was resolved by the administrator company, on December 31, 2021 6;
48. In the case of CONTRACT 3, AUTOPLAN EAFC had to send the assembly calendars from its signing on September 25, 2021, until the date of presentation of the complaint of the COMPLAINANT (October 10, 2022);
49. Regarding this, the COMPLAINANT indicates in their complaint writing that they were never informed about the date of their first assembly, nor were they given the assembly calendar in which they would participate. Therefore, the COMPLAINANT requests from AUTOPLAN EAFC the receipts of the notification of the assemblies duly signed by their person. For this reason, through the OFFICE, the administrator company was requested the receipts of notification of the assembly calls in which the associate was supposed to participate, regarding the contracts signed;
50. It should be specified that this information request was reiterated through emails sent by the SMV to AUTOPLAN EAFC on February 13 and February 17, 2023, regarding CONTRACT 1 and CONTRACT 3;
51. Regarding CONTRACT 1, in response to the requests made, AUTOPLAN EAFC presented on February 17, 2023, a copy of an invitation to an inaugural assembly and two regular assemblies, corresponding to Group 23 of the "Plan 21" Program, to be held on May 19, June 25 and July 27, 2021, respectively, which bears the signature and fingerprint of the COMPLAINANT. However, the date on which it would have been received by the associate is not observed in said document, in order to determine the date on which AUTOPLAN EAFC communicated to the complainant the date of holding the first three assemblies in which they were supposed to participate. It should be noted that, on November 8, 2022,

5 In accordance with the review of the information sent by AUTOPLAN EAFC to the SMV in the "File of the Situation of Associates (SIT)"5 and registered in the collective fund information systems of the SMV consulted for the period from January 1, 2022 to June 30, 2022, it has been verified that the COMPLAINANT presents a "Resolved" situation, regarding CONTRACT 1, with a withdrawal date of December 31, 2021. 6 In accordance with the review of the information sent by Autoplan EAFC to the SMV in the "File of the Situation of Associates (SIT)"6 and registered in the collective fund information systems of the SMV consulted for the period from January 1, 2022 to June 30, 2022, it has been verified that the Complainant presents a "Resolved" situation, regarding CONTRACT 2, with a withdrawal date of December 31, 2021.

PERÚ 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 AUTOPLAN EAFC presented copies of some account statements corresponding to CONTRACT 1, where the dates of the upcoming assemblies corresponding to the COMPLAINANT are also specified, from July 2021 to December 2022; however, the administering company did not present its respective proof of delivery to the complainant;
52. Regarding CONTRACT 2, in response to the
requirements made, AUTOPLAN EAFC presented on November 8, 2022, a copy of the document "Schedule of the next 3 assemblies", which was part of CONTRACT 2, digitally signed by the COMPLAINANT on May 25, 2021, in which the complainant is informed of the date of holding three regular assemblies on June 28, July 28, and August 28, 2021, corresponding to the "Plan 21" Program, Group 23. However, it is observed that CONTRACT 2 belonged to Group 24 of the "Plan 21" Program. From the above, it follows that AUTOPLAN EAFC communicated to the COMPLAINANT the dates for holding assemblies of a group different from the one to which CONTRACT 2 belongs, with which said assembly schedule did not correspond to the COMPLAINANT;
53. In addition to the above, it is observed that on November 8
2022, AUTOPLAN EAFC presented copies of some account statements corresponding to CONTRACT 2 where the dates of the upcoming assemblies corresponding to the COMPLAINANT are also specified, from August 2021 to January 2022; however, the administering company did not present its respective proof of delivery to the complainant;
54. Regarding CONTRACT 3, in response to the
requirements made, AUTOPLAN EAFC presented on February 17, 2023, a copy of an invitation to an inaugural assembly and two regular assemblies, corresponding to the "Autoplan-002" Program, Group 69, to be held on October 5, November 24, and December 22, 2021, respectively, as well as a regular assembly of Group 68, which has the signature and fingerprint of the COMPLAINANT. However, the date on which it would have been received by the member is not observed in said document, in order to determine the date on which AUTOPLAN EAFC communicated to the complainant the date of holding the first three assemblies in which he was entitled to participate;
55. Likewise, it is appreciated that said document
communicates the dates of the assemblies of groups different from Group 70, to which CONTRACT 3 belongs. On this matter, it should be noted that through OFFICE NOTE 790, AUTOPLAN EAFC was observed that the document presented did not correspond to the group to which CONTRACT 3 belongs. Regarding this, the administering company acknowledged that the above was due to a material error committed at the time of signing the contract. Without prejudice to this, it indicated that the member was not prevented from participating in any assembly, since he had information about the monthly allocations on the administering company's website. However, it should be noted that although the administering company can make information available to its members regarding the allocations it makes on its website, this does not exempt it from compliance with what is established in article 70 of the REGULATIONS;
56. It should be noted that, on November 8, 2022,
AUTOPLAN EAFC presented the account statements for the months of June, August, September and October 2022 which contain the date of the assembly that will be held

PERÚ 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 in said month regarding CONTRACT 3. Likewise, on November 8, 2022 and February 17 2023, it presented the emails sent to the complainant of said account statements. Therefore, with the submission of said account statements, it is observed that the administering company communicated to the member the dates of the assemblies to be held in June, August, September and October 2022 prior to their celebration in accordance with what is established in article 70 of the REGULATIONS7;
57. Consequently, it is observed that AUTOPLAN EAFC
has not presented evidentiary means that attest to the delivery to the COMPLAINANT of all the proof of delivery of the respective assembly schedules corresponding to CONTRACT 1, CONTRACT 2 during its validity;
58. Likewise, it has not presented evidentiary means
that attest to the delivery to the COMPLAINANT of the notification of the assemblies corresponding to the months of October, November, December, of 2021 and January, February, March, April, May and July of 2022, because AUTOPLAN EAFC has not presented evidentiary means that attest to the delivery to the COMPLAINANT of the notification of said assemblies corresponding to CONTRACT 3;
59. Therefore, it is observed that AUTOPLAN EAFC has not
complied with delivering to the COMPLAINANT the schedule of the assemblies in which he was entitled to participate corresponding to CONTRACT 1, to CONTRACT 2 and to CONTRACT 3 (in the periods indicated above);
60. In that sense, it is warned that AUTOPLAN EAFC
would have breached clause 10, numeral 10.4, letter l) of the contracts signed and article 70° of the REGULATIONS, since it would not have complied with delivering to the COMPLAINANT the assembly schedules, corresponding to CONTRACT 1, to CONTRACT 2 and to CONTRACT 3 in the observed periods;
61. Therefore, it was attributed to AUTOPLAN EAFC THAT
it would have committed one (1) minor infraction typified in Annex XIII, numeral 3, item
3.7 of the SANCTIONS REGULATIONS, according to which it constitutes an infraction: "Not to timely remit to the members the information on the account statements or assembly schedule";
B. Regarding the delivery of account statements to the member with respect to the contracts signed
62. According to what is established in the regulation
exposed, the administering company has the obligation to provide information to the member, regarding his account statements, the account statements must be sent at least in the same periodicity in which the assemblies are held and, through the modality established in the contracts signed;
63. In that sense, AUTOPLAN EAFC had to send to the
COMPLAINANT, in his capacity as a member of the "Plan 21" Program, Groups 23 and 24 corresponding to CONTRACT 1 and to CONTRACT 2, his account statements monthly during the validity of his contract; that is, for the present case, they had to be sent monthly;

77 However, regarding CONTRACT 1 and CONTRACT 2, such communications cannot be considered valid, since, from the information on file, it is observed that the COMPLAINANT did not have the information corresponding to his group numbers regarding the referred contracts.

PERÚ 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
64. Also, AUTOPLAN EAF had to send to the
COMPLAINANT, in his capacity as a member of the "Autoplan-002" Program, Group 70 corresponding to CONTRACT 3, his account statements; that is, for the present case, they had to be sent monthly, from its signing on September 25, 2021 until the date of presentation of the COMPLAINANT's complaint (October 10, 2022);
65. Regarding this, the COMPLAINANT indicates in his complaint
that AUTOPLAN EAFC has not complied with delivering his account statements for any month, as established in article 70 of the REGULATIONS which states that they must be sent monthly. Therefore, he requests that AUTOPLAN EAFC deliver him the proof of delivery of his account statements for the months that his signed contracts were in force;
66. Therefore, through the emails sent by
the SMV to AUTOPLAN EAFC on February 13 and February 17, 2023, the administering company was required to provide the proof of receipt of the account statements for the signed contracts. Additionally, through OFFICE NOTE 1038, it was reminded that the delivery of certain information was pending, including the proof of receipt of the account statements for the signed contracts, which was reiterated, among others, through the email sent by the SMV to AUTOPLAN EAFC on March 29, 2023;
67. Regarding CONTRACT 1, on November 8, 2022,
AUTOPLAN EAFC presented copies of the account statements for CONTRACT 1 corresponding to the periods from July 2021 to December 2022; however, it did not present the respective proof of delivery to the complainant;
68. Regarding CONTRACT 2, on November 8, 2022,
AUTOPLAN EAFC presented copies of the account statements for CONTRACT 2 corresponding to the periods from August 2021 to January 2022; however, it did not present the respective proof of delivery to the complainant;
69. Regarding CONTRACT 3, on November 8, 2022,
AUTOPLAN EAFC presented copies of the account statements corresponding to CONTRACT 3 from November 2021 to October 2022 (period in which the COMPLAINANT presented his complaint); and on February 17, 2023, it presented only the justification for the delivery to the complainant via email of the account statements for June, August, September and October 2022, regarding CONTRACT 3
8. However, AUTOPLAN EAFC has not presented the proof of delivery
to the complainant of the account statements for CONTRACT 3 corresponding to the periods of October, November, December 2021 and January, February, March, April, May and July 2022;
70. Furthermore, it is observed that through the letter of March 29, 2023,
AUTOPLAN EAFC affirmed that it did not have, among others, the proof of receipt of the account statements corresponding to the signed contracts. Notwithstanding, it indicated that it would have complied with transferring the account statements to the complainant in due course, as indicated in numeral 2.4 of the TRANSACTION;

8 Additionally, it should be noted that through a document presented to the SMV on February 17, 2023, AUTOPLAN EAFC presented the proof of delivery of the account statement corresponding to the month of November 2022, regarding CONTRACT 3, which corresponded to a period subsequent to the date of presentation of the COMPLAINANT's complaint.

PERÚ 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
71. Regarding this, it should be noted that although in numeral 2.4 of the TRANSACTION, the complainant indicated that he has received, among others, his account statements from the first month the program started until its end, in relation to his signed contracts; AUTOPLAN EAFC has not presented the evidentiary means that attest to the delivery to the COMPLAINANT of the respective account statements corresponding to CONTRACT 1, to CONTRACT 2 and the missing ones of CONTRACT 3;
72. Therefore, taking into account that CONTRACT
1 was signed on April 29, 2021 and was resolved on December 31, 2021 and that CONTRACT 2 was signed on May 25, 2021 and was resolved on December 31, 2021, it is observed that AUTOPLAN EAFC would not have complied with delivering the account statements to the COMPLAINANT corresponding to CONTRACT 1 and to CONTRACT 2;
73. Likewise, taking into account that CONTRACT 3
was signed on September 25, 2021 and the complaint was presented by the COMPLAINANT on October 10, 2022, it can be concluded that AUTOPLAN EAFC has not complied with notifying the COMPLAINANT of the account statements for CONTRACT 3 corresponding to the months of October, November, December 2021 and January, February, March, April, May and July 2022;
74. Consequently, AUTOPLAN EAFC breached what is
established in clause 10, numeral 10.4, letter l) of CONTRACT 1, CONTRACT 2 and CONTRACT 3, and article 70° of the REGULATIONS by not having proven that it delivered to the COMPLAINANT the information corresponding to his account statements for the Contracts signed in the periods indicated;
75. Therefore, it is warned that AUTOPLAN EAFC
would have committed one (1) minor infraction typified in Annex XIII, numeral 3, item
3.7 of the SANCTIONS REGULATIONS, according to which it constitutes an infraction: "Not to timely remit to the members the information on the account statements or assembly schedule";
C. Regarding the delivery of payment receipts for the signed contracts
76. In accordance with what is stated in point 2.3 of
section II 9
, AUTOPLAN EAFC has the obligation to issue the respective payment receipts in the name of the member, which will be sent to the address indicated by the latter;
77. On this matter, the COMPLAINANT indicates in his
complaint that he never received any payment receipt corresponding to the payments made at the beginning, which would imply, according to the complainant, a breach by AUTOPLAN EAFC of clause 7.6 of the contracts signed between the parties. Therefore, he requests AUTOPLAN EAFC the proof of delivery of his payment receipts, among others, regarding the signed contracts;
78. Regarding CONTRACT 1, with respect to the payments
made by the complainant, there is in the file a payment schedule as of February 17 2023, presented by AUTOPLAN EAFC, in which it is observed that the COMPLAINANT paid the registration fee "I" and two (2) total monthly installments, which in total amounts to US$ 1,626.52 (One thousand six hundred twenty-six and 52/100 US dollars);
79. Regarding CONTRACT 2, with respect to the payments
made by the complainant, there is in the file a payment schedule as of February 17 2023, in which it is observed that the COMPLAINANT paid the registration fee "I" and three (3) total monthly installments, and part of a monthly installment, which in total amounts to US$ 1,541.55 (One thousand five hundred forty-one and 55/100 US dollars);
80. Regarding CONTRACT 3, with respect to the payments
made by the complainant, there is in the file a payment schedule as of February 17 2023, in which it is observed that the COMPLAINANT paid the registration fee "I", notary expenses and six (6) total monthly installments, which in total amounts to US$ 2,478.96 (Two thousand four hundred seventy-eight and 96/100 US dollars);
81. Therefore, through the OFFICE NOTE, AUTOPLAN EAFC was required to provide the proof of receipt of the payment receipts corresponding to the signed contracts. This requirement was reiterated by the emails sent by the SMV to AUTOPLAN EAFC on February 13, February 17 and March 29, 2023;
82. With respect to CONTRACT 1, on November 23, 2022,
AUTOPLAN EAFC presented copies of five (5) electronic sales receipts. However, it has not presented its respective proof of delivery to the COMPLAINANT;
83. With respect to CONTRACT 2, on November 23, 2022,
AUTOPLAN EAFC presented seven (7) electronic sales receipts. However, it has not presented its respective proof of delivery to the COMPLAINANT;
84. With respect to CONTRACT 3, on November 23, 2022,
AUTOPLAN EAFC presented eleven (11) electronic sales receipts. However, it has not presented its respective proof of delivery to the COMPLAINANT;
85. Therefore, as of the date of the charge, it was observed that the administering company did not present evidentiary means that allow attesting to the delivery to the COMPLAINANT of the respective payment receipts for the installments made under CONTRACT 1, CONTRACT 2 and CONTRACT 3;
86. Considering the above, AUTOPLAN EAFC has not
complied with observing what is provided for in clause 7, numeral 7.6 of CONTRACT 1, CONTRACT 2 and CONTRACT 3; that is, AUTOPLAN EAFC has not complied with remitting all the payment receipts to the COMPLAINANT corresponding to the signed contracts;
87. Therefore, it was attributed to AUTOPLAN EAFC that
it would have committed one (1) infraction classified as serious, according to Annex XIII, numeral 2, item 2.16 of the SANCTIONS REGULATIONS, according to which it constitutes an infraction: "Not to comply with the provisions of the collective fund administration contract signed with the member"; since it would not have complied with remitting the payment receipts to the COMPLAINANT; D. Regarding the deadline for attending the complaint of March 22, 2022, which was reiterated through letters of June 13 and June 22, 2022

PERÚ 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
88. The COMPLAINANT indicates in the complaint that on
March 22, 2022, he requested through the complaint book of AUTOPLAN EAFC that compensation payment be made, in order for the money paid in the first two signed contracts to be transferred as payments for the respective installments of the awarded vehicle, as he states they offered him, or in any case, return his money paid in the first two contracts in order to cancel directly the installments of the new contract;
89. Regarding this, he indicates that as of the date of
presentation of his complaint, AUTOPLAN EAFC has not responded to his complaint.
It should be noted that the COMPLAINANT presented with his complaint, a copy of the complaint made on March 22, 2022, received on the same date by the administering company, which is registered as "Complaint Sheet No. 000223". Additionally, the COMPLAINANT presents with his complaint letter a letter with the subject "I request compensation or refund of money" with proof of receipt from AUTOPLAN EAFC dated June 13, 2022 and a notarial letter delivered to AUTOPLAN EAFC on June 22, 2022, through which, among others, he reiterates the attention of the complaint and the requirement exposed in the same;
90. In response to the above, through the OFFICE NOTE,
AUTOPLAN EAFC was required to provide the communications sent to the COMPLAINANT in response to the complaint presented on March 22, 2022. Likewise, through the emails sent by the SMV to AUTOPLAN EAFC on February 13, February 17, 2023, it was reiterated to AUTOPLAN EAFC to send the response to the complaint of March 22, 2022. Subsequently, through OFFICE NOTE 1038 and the email of March 29, 2023, this requirement to AUTOPLAN EAFC was reiterated once again;
91. Regarding this, AUTOPLAN EAFC, in its letter of November 8, 2022, only presented a copy of an email sent by the address atencionreclamo@autoplan.pe to the address CORREO1 (email address of the
complainant, indicated in the account statements of his contracts) on July 12, 2022, with the subject "Response to letter of request filed in office – (...)". In said email, it indicates that it complies with responding to the request presented by the COMPLAINANT on June 13, 2022, but the document attached to the email is not presented. Likewise, it has presented a copy of an email sent on June 13, 2022 by Giojayra Marcelo, Assistant for Member Service of AUTOPLAN EAFC deriving a document for attention and response;
92. At this point, it must be noted that, according to the applicable regulation, the deadline for resolving complaints from members by AUTOPLAN EAFC is thirty (30) calendar days from their receipt, which may be extended by an equal period if necessary, prior communication to the member;
93. In that sense, the complaint filed by the
COMPLAINANT should have been resolved within thirty (30) days from the receipt of the same. However, it is observed that AUTOPLAN EAFC would not have complied with responding, within the established deadline, the complaint presented by the COMPLAINANT on March 22, 2022, which was reiterated by the complainant on June 13, 2022 and June 22, 2022, since it has not presented any evidentiary means that attest that it has attended said complaint, within the established deadline;

PERÚ Ministry of Economy and Finance

Considering the above, AUTOPLAN EAFC would not have complied with observing what is provided for in article 68 of the REGULATIONS, article 3 of the STANDARDS APPLICABLE TO COMPLAINTS AND CLAIMS and clause tenth, numeral 10.1, literal c), last paragraph of CONTRACT 3; since AUTOPLAN EAFC would not have complied with the deadline established to provide a response to the complaint filed by the COMPLAINANT on March 22, 2022, reiterated by the complainant on June 13, 2022 and June 22, 2022;
Therefore, AUTOPLAN EAFC would have incurred in one (1) infringement classified as serious, according to Annex XIII, numeral 2, item 2.16 of the SANCTIONS REGULATION, according to which it constitutes an infringement: "Not comply with the provisions of the collective fund administration contract celebrated with the associate";

E. On the submission of the general conditions of the contracts signed

AUTOPLAN EAFC has the obligation to submit the General Conditions of the contract, which form an integral part of the contracts signed;
Regarding this, the COMPLAINANT denounces that they were never sent a copy of the original contract but only a copy of the contract without value, emphasizing that the importance of having the original contract lies in the fact that it contains the basic characteristics of their contract, such as the group number, vacancy number and the detail of the amounts they would have to pay monthly;
It should be noted that these basic characteristics of CONTRACT 1, CONTRACT 2 and CONTRACT 3, such as the group number, vacancy number and the detail of the amounts they would have to pay monthly, to which the complainant refers, are contained in the general conditions of each of the contracts signed, as stated in clause third, numeral 3.2 and clause fifth, numeral 5.2, section 5.2.1 of the contracts signed;
Therefore, through OFFICE (literal c) the General Intendancy of Prudential Compliance requested a copy of CONTRACT 1, CONTRACT 2 and CONTRACT 3 from AUTOPLAN EAFC, as well as any information and/or documentation that allows clarifying the facts denounced. It is important to highlight that according to what is stated in clause eighteenth of CONTRACT 1, CONTRACT 2 and CONTRACT 3, the general conditions form an integral part of the contract;
Regarding CONTRACT 1 and CONTRACT 3, AUTOPLAN EAFC through a document presented on November 08, 2022, submitted a copy of said Contracts signed by the COMPLAINANT; however, it is observed that it presented a copy of the format of the general conditions for each contract with the fields empty (except for the percentage of the registration fee and administration fee);
Regarding CONTRACT 2, AUTOPLAN EAFC through a document presented on November 08, 2022, submitted a copy of CONTRACT 2 signed by the COMPLAINANT, it is observed that it failed to present a copy of the General Conditions of CONTRACT 2;
Likewise, it did not present any means of proof that accredits that it sent the COMPLAINANT said general conditions regarding the

PERÚ Ministerio de Economía y Finanzas

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 contracts signed, where the group, number of vacancies and the detail of the amounts that would have to be paid monthly, among other data of the complainant's contract, are recorded;

Considering the above, it is noted that AUTOPLAN EAFC would not have complied with observing what is provided for in clause third, numeral 3.2 and clause fifth, numeral 5.2 section 5.2.1 of CONTRACT 1, CONTRACT 2 and CONTRACT 3, since AUTOPLAN EAFC would not have complied with sending the general conditions or it would not have done so completely regarding the contracts signed with the associate;
Therefore, AUTOPLAN EAFC would have incurred in one (1) infringement classified as serious according to Annex XIII, numeral 2, item 2.16 of the SANCTIONS REGULATION, according to which it constitutes an infringement: "Not comply with the provisions of the collective fund administration contract celebrated with the associate";

3.3. Of the defenses

Regarding this, it must be noted that AUTOPLAN EAFC to the date of issuance of this Resolution, has not presented defenses to the observations formulated through the OFFICE OF CHARGES;

3.4 Of the analysis of the charges

Without prejudice to the above, it is necessary to note that AUTOPLAN EAFC is a company supervised by the SMV, with operating authorization granted through Superintendent Resolution No. 024-2015-SMV/02 of February 17, 2015 and has knowledge of the regulations under which the collective fund system operates, as well as the rights and obligations established in the contracts it administers, for which it has the obligation to act diligently as a collective fund administrator company; however, this did not occur, since the administrator company incurred in the commission of five (5) infringements subject to charges;
It should be indicated that what is stated in the preceding consideration, impacts the fulfillment of the functions and obligations of AUTOPLAN EAFC as a collective fund administrator company; likewise, this administrator has the obligation to safeguard the rights of the associates and in that sense it must comply with the applicable regulations as well as with the contract signed with its associates, which establishes the rights and obligations of the associates and the administrator company, and whose model is authorized by the SMV, at the request of the administrator company;

A. On the submission of the assembly calendars corresponding to the contracts signed

Taking into account the recognition of its responsibility in the commission of the infringement subject to charges, in the present case it has been proven that AUTOPLAN EAFC has not complied with sending all the assembly calendars to the COMPLAINANT corresponding to CONTRACTS 1 and 2, nor those corresponding to the assemblies of the months of October, November, December, of 2021 and January, February, March, April, May and July of 2022 of CONTRACT; and therefore, has failed to comply with what is provided in clause 10, numeral 10.4, literal l) of the contracts signed and article 70 of the REGULATIONS;

PERÚ Ministerio de Economía y Finanzas

In that sense, it is noted that AUTOPLAN EAFC has incurred in one (1) infringement classified as minor, according to Annex XIII, numeral 3, item 3.7 of the SANCTIONS REGULATION, according to which it constitutes an infringement: "Not timely send to the associates information on account statements or assembly calendars";

B. On the delivery of account statements to the associate regarding the contracts signed

Taking into account that AUTOPLAN EAFC has not presented the charges of submission to the COMPLAINANT of its account statements corresponding to CONTRACT 1, to CONTRACT 2 and to CONTRACT 3 in the observed periods; therefore, it has been proven that the administrator company has not complied with sending said account statements. Therefore, AUTOPLAN AEFC has failed to comply with what is provided in clause tenth, numeral 10.4, literal l) of the contracts signed and article 70 of the REGULATIONS;
In that sense, it is noted that AUTOPLAN EAFC has incurred in one (1) infringement classified as minor, according to Annex XIII, numeral 3, item 3.7 of the SANCTIONS REGULATION, according to which it constitutes an infringement: "Not timely send to the associates information on account statements or assembly calendars";

C. On the submission of payment receipts of the contracts signed

Regarding this, it is observed that AUTOPLAN EAFC has not complied with sending the COMPLAINANT the entirety of the payment receipts for the quotas made within the framework of CONTRACT 1, CONTRACT 2 and CONTRACT 3, since it has not presented the charges of submission of the payment receipts; and, therefore, has failed to comply with what is provided in clause seventh, numeral 7.6 of the contracts signed;
In that sense, it is noted that AUTOPLAN EAFC has incurred in one (1) serious infringement typified in Annex XIII, numeral 2, item 2.16 of the SANCTIONS REGULATION, according to which it constitutes an infringement: "Not comply with the provisions of the collective fund administration contract celebrated with the associate";

D. On the deadline for attention of the complaint of March 22, 2022, which was reiterated through writings of June 13 and June 22, 2022

With regard to this charge, it is observed that the complaint of March 22, 2022, filed by the COMPLAINANT, which was reiterated through writings of June 13 and June 22, 2022, to the date of this resolution, AUTOPLAN EAFC has not accredited that it gave a response to the complaint of March 22, 2022, failing to comply with what is established by article 68° of the REGULATIONS, article 3 of the STANDARDS APPLICABLE TO COMPLAINTS AND CLAIMS and clause tenth, numeral 10.1, literal c), last paragraph of CONTRACT 3;
Consequently, it is noted that AUTOPLAN EAFC has incurred in one (1) infringement classified as serious, according to Annex XIII, numeral 2, item 2.16 of the SANCTIONS REGULATION, according to which it constitutes an infringement: "Not comply with the provisions of the collective fund administration contract celebrated with the associate";

PERÚ Ministerio de Economía y Finanzas

E. On the submission of the general conditions of the contracts signed

This charge refers to the obligation of AUTOPLAN EAFC to send the general conditions of the contract to the COMPLAINANT, regarding CONTRACT 1, CONTRACT 2 and CONTRACT 3, where the characteristics of the contracts signed are established; among them, the group number, the vacancy number and the detail of the amounts that the associate would have to pay monthly;
In such sense, it has been proven in the file that AUTOPLAN EAFC has not complied with observing what is provided for in clause third, numeral 3.2 and clause fifth, numeral 5.2 section 5.2.1 of CONTRACT 1, CONTRACT 2 and CONTRACT 3, since it did not send the general conditions or did not do so completely regarding the aforementioned contracts;
Consequently, AUTOPLAN EAFC incurred in one (1) infringement classified as serious according to Annex XIII, numeral 2, item 2.16 of the SANCTIONS REGULATION, according to which it constitutes an infringement: "Not comply with the provisions of the collective fund administration contract celebrated with the associate";

IV. EVALUATION OF THE SANCTION

According to article 7 of Decree Law N° 21907 on Collective Fund Companies and article 25 of the SANCTIONS REGULATION; in concordance with article 248, numeral 3 10 of the TUO OF THE LPAG, and article 257 11 of the aforementioned normative body; the administrative sanctions that are imposed must take into account the criteria provided by Decree Law N° 21907, the SANCTIONS REGULATION and the TUO OF THE LPAG;

"Article 248.- Principles of the administrative sanctioning power The sanctioning power of all entities is additionally governed by the following special principles:
(...)
3. Reasonableness.- The authorities must foresee that the commission of the sanctionable conduct does not result in more advantage for the offender than complying with the infringed norms or assuming the sanction. However, the sanctions to be applied must be proportional to the infringement classified as an infringement, observing the following criteria that are indicated for the purposes of their graduation:
a) The illicit benefit resulting from the commission of the infringement; b) The probability of detection of the infringement; c) The gravity of the damage to the public interest and/or protected legal good; d) The economic damage caused; e) Recidivism, for the commission of the same infringement within a period of one (1) year from when the resolution sanctioning the first infringement became final. f) The circumstances of the commission of the infringement; and g) The existence or not of intentionality in the conduct of the offender".

11 "Article 257°.- Exemptions and mitigating conditions of responsibility for infractions 1.- The following constitute conditions exempting 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 aptitude to understand the infringement. d) Mandatory order of 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 possible sanctioned of the act or omission imputed as constitutive of administrative infringement, prior to the notification of the imputation of charges referred to in item 3) of article 255. 2.- The following constitute mitigating conditions of responsibility for infractions:
a) If an administrative sanctioning procedure is initiated and the offender recognizes their 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 amount. b) Others that are established by special regulation".

PERÚ Ministerio de Economía y Finanzas

Within that framework, the evaluation of the sanction must consider: a) Antecedents of the offender; b) Recidivism; c) Circumstances of the commission of the infringement; d) Economic damage caused and its repercussion in the market; e) Illicit benefit resulting from the commission of the infringement; f) Probability of detection of the infringement; g) Gravity of the damage to the public interest and/or protected legal good; h) Existence or not of intentionality in the conduct of the offender;
In that sense, in order to concord the criteria of the TUO OF THE LPAG, with those indicated in Decree Law N° 21907 and in the SANCTIONS REGULATION, and for these criteria to be considered adequately so that their valuation observes the principle of reasonableness and that the sanction to be imposed adapts to these, it proceeds to analyze the following criteria;
With regard to the sanction antecedents, in accordance with what is provided by article 25, literal a) of the SANCTIONS REGULATION, antecedents constitute the firm sanctions imposed by the SMV within a period of four (4) years prior to the commission of the infringement to be sanctioned. The aforementioned article specifies that the commission of the same infringement in the year prior to the infringement to be sanctioned is not considered as antecedents;
In such sense, from the review carried out in said period, it has been verified that AUTOPLAN EAFC registers the following firm sanctions:

Nº Resolution Resolved Firmness Antecedent
(*)
Recidivism i)
Resolution of
Deputy Superintendent
SMV N°
112-2017-
SMV/10 12
Autoplan Collective Fund Administrator Company S.A. is sanctioned with a fine of two (02) UIT, for having incurred in one (01) infringement of a serious nature typified in Annex XIX, numeral 2, item 2.12 of the Sanctions Regulation approved through CONASEV Resolution N° 055-2001-EF/94.10 and its modifying norms (hereinafter PREVIOUS SANCTIONS REGULATION), for not having complied with provisions of the Standards for the Prevention of Money Laundering and Financing of Terrorism. 12/12/2017 A, B, C and E No ii) Resolution of Deputy Superintendent SMV N° 017-2018- SMV/10 13 AUTOPLAN EAFC is sanctioned, with six (6) warnings and a fine of 15.48 UIT for having incurred in eleven (11) infringements of a minor nature typified in Annex XIV, numeral 3, item 3.1 of the PREVIOUS SANCTIONS REGULATION, for not having complied with presenting periodic information within Through Deputy Superintendent Resolution SMV N° 070-2021-SMV/10 the reconsideration appeal filed by Autoplan EAFC was declared founded in part and consequently the amount of the fine imposed through article 17 of the 30/12/2021 A, B, C and D No

12 Notified on November 17, 2017.
13 Notified on May 11, 2018.

PERÚ Ministerio de Economía y Finanzas

Nº Resolution Resolved Firmness Antecedent
(*)
Recidivism
Resolution of Deputy Superintendent SMV N°
017-2018-SMV/10 to 9.675 UIT. iii)
Resolution of
Deputy Superintendent
SMV N°
011-2019-
SMV/10 14
AUTOPLAN EAFC is sanctioned with two (02) warnings for having incurred in two (02) infringements of a serious nature typified in Annex XIV, numeral 2, item 2.21 and Annex XIV, numeral 2, item 2.41 of the PREVIOUS SANCTIONS REGULATION, for not having adequately determined the order of preference of the substitute awardees. 11/04/2019 A, B, C, D and E No iv) Resolution of Deputy Superintendent SMV N° 004-2020- SMV/10 15 AUTOPLAN EAFC is sanctioned, with a fine of three (03) UIT for having incurred in two infringements; one (01) of a serious nature typified in Annex XIV, numeral 2, item 2.22 of the PREVIOUS SANCTIONS REGULATION, for not complying with the conditions established in the regulations for the convocation or for the celebration of assemblies; and, one (01) of a minor nature typified in Annex XIV, numeral 3, item 3.13 of the Sanctions Regulation, for not timely sending the associate information on the assembly calendar. Through RSUP N° 119-2020-SMV/02, the appeal filed by AUTOPLAN EAFC was declared founded in part and consequently the sanction imposed as a fine in article 3° of the Resolution of Deputy Superintendent SMV N° 004-2020- SMV/10 was modified, reducing it from three (3) UIT to two (2) UIT, valid at the time of effective payment of the fine; and, revoking the corrective measure disposed in article 4° of the mentioned Resolution of Deputy Superintendent. 01/12/2020 B, C, D and E A v) Resolution of Deputy Superintendent SMV N° 013-2021- SMV/10 16 AUTOPLAN EAFC is sanctioned with three (03) warnings and a fine of 28.0045 UIT for having incurred in twenty (20) infringements of a minor nature typified in Annex XIV, numeral 3, item 3.1 of the PREVIOUS SANCTIONS REGULATION and in two (02) infringements of a minor nature typified in Annex I, numeral 3, item 3.1, of the SANCTIONS REGULATION, for not having complied with presenting periodic information within the period established by the applicable regulations referred to this intermediate financial information and management report. 21/04/2021 A, B, C, D and E No vi) Resolution of Deputy Superintendent SMV N° AUTOPLAN EAFC is sanctioned. with a fine of
18.3345 UIT for having incurred in twelve (12)
infringements of a minor nature typified in
Annex I, numeral 3, item 3.1, of the SANCTIONS
REGULATION, for not having complied with presenting 24/01/2022 A, B, C and D No

14 Notified on March 21, 2019.
15 Notified on February 03, 2020.
16 Notified on March 26, 2021.

PERÚ Ministerio de Economía y Finanzas

SMV
Superintendencia del Mercado de Valores
Documento electrónico firmado digitalmente en el framework of Law No. 27269, Law of Digital Signatures and Certificates, its Regulations and modifications. The integrity of the document and authorship

No. Resolution Resolved Finality Precedent
()
Recidivism
060-2021-
SMV/10 17 periodic information within the deadline established by the applicable regulations. vii) Resolution of Adjunct Superintendent SMV No.
003-2022-
SMV/10 18
AUTOPLAN EAFC is sanctioned with four (04) UIT for having committed one (01) infraction of grave nature typified in Annex XIV, paragraph 2, item 2.6 of the SANCTIONS REGULATION, for granting loans in favor of third parties exceeding the limit established by the regulations. 18/03/2022 A, B, C and D No () letters of the consideration 35.

With regard to recidivism for the commission of the
same infraction, that final sanction imposed by the SMV within the period of one (1) year prior to the commission of the infraction to be sanctioned is taken into account. Within this framework and in accordance with the preceding table, it must be stated that AUTOPLAN EAFC presents one (1) recidivism regarding the non-delivery of the assembly calendar. Regarding the other charges, AUTOPLAN EAFC does not present recidivism;
With regard to the circumstances of the commission of the
infractions, it must be mentioned that AUTOPLAN EAFC, in its capacity as a company supervised by the SMV, is aware of the regulations that govern the collective fund system and in that sense, of the regulations that oblige it to deliver the assembly calendars, the account statements and the payment receipts to its associates; as well as, to send the general conditions of the contracts and answer the complaints as established in the REGULATION and contracts that it administers;
Notwithstanding the above, in the present case it has been proven that AUTOPLAN EAFC did not comply with sending to the COMPLAINANT, the calendar of the assemblies and the account statements in the previously indicated periods, nor did it provide all the payment receipts corresponding to the contracts signed. Likewise, the administering company did not comply with answering the complaint made by the COMPLAINANT on March 22, 2022, nor did it send to the complainant the general conditions of the contracts signed;
On this matter, it should be noted that AUTOPLAN
EAFC in the development of its activities is obliged to comply with the regulations that govern the exercise of its activities and its own internal procedures established in the corresponding manuals. Regarding this, the administering company must implement the necessary procedures and controls for their due observance. Likewise, it must be reiterated that AUTOPLAN EAFC has the obligation to comply with the contract signed with its associates, which establishes the rights and obligations of the associates and the administering company; and whose model is authorized by the SMV, at the request of the administering company;
Without prejudice to the foregoing, it should be specified that
AUTOPLAN EAFC by letter of March 29, 2023, informed among other things, that it signed a TRANSACTION on March 8, 2023, with the COMPLAINANT;

17 Notified on December 29, 2021.
18 Notified on February 24, 2022.

PERU Ministry of Economy and Finance

129. Said TRANSACTION includes the agreements between the
administering company and the COMPLAINANT regarding the complaint, through which the administering company recognizes in favor of the COMPLAINANT the sum of US$ 3,169.01 (Three thousand one hundred sixty-nine and 01/100 US dollars) for the concept of return of contributions made by reason of CONTRACT 1 and CONTRACT 2
19. Likewise,
through the letter of March 29, 2023, AUTOPLAN EAFC presented a copy of the bank transfer receipt in favor of the COMPLAINANT for the aforementioned amount;

130. With regard to the damage caused and the repercussion
in the market. In the present case, it has not been evidenced that the infractions in which AUTOPLAN EAFC has incurred have produced a concrete quantifiable damage in the market; however, these facts affect the confidence of the associates or potential associates in the collective fund system;

131. Regarding the illicit benefit resulting from the
commission of the infractions. In this regard, it should be noted that it has not been proven that AUTOPLAN EAFC has obtained a benefit that is directly related to the infractions subject of analysis in the present administrative procedure;

132. With regard to the probability of detection of the
infraction. On this matter, it must be indicated that the facts constituting the infractions committed by AUTOPLAN EAFC were evidenced when verifying the compliance with the applicable regulations for the development of its functions, based on the facts exposed by the COMPLAINANT in the complaint filed against the administering company; therefore, the probability of detection of the infraction was low;

133. Regarding the gravity of the damage to the public interest and/or protected legal good. In the present case it has not been possible to prove that the conduct of
AUTOPLAN EAFC in the commission of the infractions subject of analysis in the present sanctioning procedure has caused damage to the determinable public interest;

134. However, a protected legal good has been affected,
consisting in the protection of the associate, since AUTOPLAN EAFC has failed to comply with the obligations to provide the calendar of the assemblies, deliver the account statements, send the payment receipts, answer the complaint and send the general conditions, within the framework of the corresponding signed contracts;

135. In this sense, and in order to avoid a possible
impact on its clients, AUTOPLAN EAFC should have established procedures to comply with the obligations established in the contracts and the regulations of the collective fund system;

136. In this way, taking into account that the
administering companies of collective funds have the obligation to act in strict compliance with the regulations applicable to them, such as the provisions established in the signed contracts and the REGULATION, in safeguarding the collective fund system, the transgression of said regulations affects the legal good referred to the integrity of the market, that is, of the collective fund system and especially affects

19 It should be specified that through CONTRACT 3, the COMPLAINANT obtained the award of a purchase certificate, which was applied to the acquisition of a vehicle that was delivered to him on February 15, 2022, as informed by the administering company.

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 the confidence of the associates or potential associates in the collective fund system;

Regarding the existence or non-existence of intent in the conduct of the offender. In this regard, it should be specified that intent has not been verified in the conduct of AUTOPLAN EAFC regarding the infractions subject of analysis;
In addition to the above, it corresponds to analyze the exemptions and mitigating circumstances of liability established in article 257 of the TUO OF THE LPAG, as well as the mitigating and exempting conditions of liability established in articles 26 and 27 of the SANCTIONS REGULATION;
Therefore, in accordance with what is determined in article 257, paragraph 1 of the TUO OF THE LPAG and article 27 of the SANCTIONS REGULATION, it is not observed that in the present case any of the circumstances that constitute conditions exempting liability have been configured;
With regard to the voluntary declaration of the
commission of the infractions (article 257, paragraph 2 of the TUO OF THE LPAG) and the contribution of the offender to its clarification, established in article 26, letters a) and b) of the SANCTIONS REGULATION, it must be indicated that AUTOPLAN EAFC did not present defenses. Consequently, it has not expressly recognized the commission of the infractions subject of evaluation, nor has it contributed to the clarification of the facts imputed as charges;
From the above, it is concluded that AUTOPLAN EAFC
has incurred the commission of two (2) infractions classified as minor in Annex XIII, paragraph 3, item 3.7 of the SANCTIONS REGULATION and three (3) infractions classified as grave in Annex XIII, paragraph 2, item 2.16 of the SANCTIONS REGULATION, regarding which it corresponds to impose on AUTOPLAN EAFC a sanction corresponding to the infractions classified as grave in accordance with article 38 of the SANCTIONS REGULATION;
In this regard, it should be noted that due to the fact that the
determined infractions are of different nature, it corresponds to impose the sanction for the infraction of greater gravity, as stated in the second paragraph of article 29 20 of the SANCTIONS REGULATION;
However, taking into account the analyzed sanction criteria, and in application of the Principle of Reasonableness contemplated in article 248, paragraph 3 of the TUO OF THE LPAG which states that the sanctions to be applied must be proportional to the non-compliance classified as an infraction, it must be considered that regarding the infractions subject of charges, it has not been evidenced that these have caused economic damage or that they have had repercussion in the market. Likewise, it has not been verified that the administering company has obtained an illicit benefit with the commission of the infractions subject of charges, nor that it has had intent in its actions regarding this.

20 “Article 29.- CONCURSUS OF INFRACTIONS
(…) Likewise, when several behaviors qualify as more than one infraction, the sanction corresponding to the most serious infraction is imposed”

PERU Ministry of Economy and Finance

Likewise, it has been verified that AUTOPLAN EAFC is not a recidivist with respect to infractions B, C, D and E;

In addition to the above, it should be highlighted that
AUTOPLAN EAFC has returned to the COMPLAINANT, the amount of US$ 3,169.01 (three thousand one hundred sixty-nine and 01/100 US dollars) based on what was agreed in the TRANSACTION, in relation to the contributions made in CONTRACT 1 and CONTRACT 2; likewise, the administering company has presented as support for the return made the transfer receipt;
In that sense, with respect to the infractions under
evaluation in the present administrative sanctioning procedure, this Adjunct Superintendency considers that it corresponds to impose on AUTOPLAN EAFC a sanction of fine applicable to the minor ones, in accordance with what is established in article 39° of the SANCTIONS REGULATION, amounting to five (5) Tax Units;
Being in accordance with what is provided by articles 32°, paragraph
16, of the Organization and Functions Regulation of the SMV, approved by Supreme Decree No. 216-2011-EF and its modifications;

RESOLVES:

Article 1º.- Declare that Autoplan Empresa Administradora de Fondos Colectivos S.A has incurred one (01) infraction of minor nature typified in Annex XIII, paragraph 3, item 3.7 of the Sanctions Regulation, approved by SMV Resolution No. 035-2018-SMV/01, for not having complied with sending to the associate the assembly calendars in which they were supposed to participate for the contracts signed in the observed periods.

Article 2º.- Declare that Autoplan Empresa Administradora de Fondos Colectivos S.A has incurred one (01) infraction of minor nature typified in Annex XIII, paragraph 3, item 3.7 of the Sanctions Regulation, approved by SMV Resolution No. 035-2018-SMV/01, for not having complied with sending to the associate the account statements for the contracts signed in the indicated periods.

Article 3º.- Declare that Autoplan Empresa Administradora de Fondos Colectivos S.A. has incurred one (01) infraction classified as grave as established in Annex XIII, paragraph 2, item 2.16 of the Sanctions Regulation, approved by SMV Resolution No. 035-2018-SMV/01, for not having complied with sending all the payment receipts to the associate, in relation to the signed contracts.

Article 4º.- Declare that Autoplan Empresa Administradora de Fondos Colectivos S.A. has incurred one (01) infraction classified as grave as established in Annex XIII, paragraph 2, item 2.16 of the Sanctions Regulation, approved by SMV Resolution No. 035-2018-SMV/01, for not having complied with the contract regarding the legal deadline established to provide an answer to the complaint.

PERU Ministry of Economy and Finance

Article 5º.- Declare that Autoplan Empresa Administradora de Fondos Colectivos S.A. has incurred one (01) infraction classified as grave as established in Annex XIII, paragraph 2, item 2.16 of the Sanctions Regulation, approved by SMV Resolution No. 035-2018-SMV/01, for not having complied with sending the general conditions or sending them incompletely regarding the contracts signed with the associate.

Article 6º.- Sanction Autoplan Empresa Administradora de Fondos Colectivos S.A. with a reprimand for the commission of the infractions referred to in articles 1°, 2°, 3°, 4° and 5° of this Resolution.

Article 7º.- This resolution does not exhaust the administrative route, unless it is consented, and may be challenged before the Adjunct Superintendency of Prudential Supervision by filing a reconsideration or appeal appeal, presented before the same, within the period of fifteen (15) business days counted from the day following its notification.

Article 8º.- In the event that this resolution is not subject to challenge through a reconsideration or appeal appeal within the period of fifteen (15) business days of being notified and remains consented, it must be published on the Institutional Website of the SMV in the Unique Digital Platform of the Peruvian State, in observance of what is provided by paragraph 1, article 7° of the Policy on dissemination of normative projects, general character legal norms, early agenda and other administrative acts of the SMV, approved by SMV Resolution No. 014-2014-SMV/01 and by what is provided in article 14° of the Sanctions Regulation, approved by SMV Resolution No. 035-2018-SMV/01.

Article 9º.- Transcribe this resolution to
Autoplan Empresa Administradora de Fondos Colectivos S.A.

Omar Gutiérrez Ochoa
Adjunct Superintendent
Adjunct Superintendency of Prudential Supervision

Lineage