Enforcement · SMV · 7 Oct 2025
The Peruvian Securities Market Superintendence (SMV) imposes three (03) warnings on CAMPOSUR INC S.A.C. for three serious infractions: failure to present unaudited interim individual financial information as of June 30, 2024, annual audited individual financial information for the 2023 fiscal year, and the annual report for the 2023 fiscal year. The administrative sanctioning procedure regarding the charge of failing to present unaudited interim individual financial information as of December 31, 2023, is archived based on the principle of non bis in idem, as the issuer had already been sanctioned for this specific omission in a previous resolution. The sanctions are applied under Article 2.10, numeral 2 of Annex I of the Sanctions Regulation.
PERU Ministry of Economy and Finance
SMV
Securities Market Superintendence
Electronically signed document in 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. 065-2025-SMV/11 Lima, October 07, 2025 Summary: To sanction CAMPOSUR INC S.A.C. with three (03) warnings for having incurred three (03) serious infractions, typified in subsection 2.10 numeral 2 of Annex I of the Sanctions Regulation. File of the Administrative Sanctioning Procedure regarding Charge No. 1. Administrated: CAMPOSUR INC S.A.C. Subject: Administrative Sanctioning Procedure of double administrative instance Main Type: Subsection 2.10 numeral 2 of Annex I of the Sanctions Regulation SERIOUS INFRACTIONS File No.: 2025011782 The Adjunct Superintendent of Market Conduct Supervision SEEN:
The administrative file No. 2025011782 containing the administrative sanctioning procedure (hereinafter, PAS) initiated by the General Intendancy of Conduct Compliance of the Securities Market Superintendence – SMV (hereinafter, the IGCC), against CAMPOSUR INC S.A.C. (hereinafter, the Issuer); as well as Report No. 977-2025-SMV/11.2 (hereinafter, the Report), issued by the IGCC; CONSIDERING:
I. Function and competence of the SASCM
PERU Ministry of Economy and Finance
SMV
Securities Market Superintendence
Electronically signed document in the framework of Law No. 27269, Law of Digital Signatures and Certificates, its regulations and amendments. The integrity of the document and authorship Not presenting annual audited individual financial information for the 2023 exercise, which should have been presented by the deadline of April 15, 2024; however, to date it has not been presented.
Charge No. 4
Not presenting the annual report for the 2023 exercise, which should have been presented by the deadline of April 15, 2024; however, to date it has not been presented.
2.3 Defenses and allegations
5. That, despite having been notified through the MVNet System on April 02, 2025; and in person at its physical address on April 07, 2025, the Issuer did not present defenses for the infractions described in the aforementioned Charge Letter;
6. That, the Unified Ordered Text of the General Administrative Procedure Law, approved by Supreme Decree No. 004-2019-JUS (hereinafter, the TUO of the LPAG) contains common rules for the actions of the State's administrative function and regulates all administrative procedures developed in entities, including special procedures. Likewise, numeral 3) of article 248 of the TUO of the LPAG, points out the criteria regarding the graduation of the sanction: (a) The illicit benefit resulting from the commission of the infraction, (b) The probability of detection of the infraction, (c) The gravity of the damage to the public interest and/or protected legal good, (d) The economic harm caused, (e) Recidivism, for the commission of the same infraction within a period of one (1) year from when the resolution sanctioning the first infraction became final, (f) The circumstances of the commission of the infraction; and, (g) The existence or not of intent in the conduct of the infringer;
7. That, the charges formulated and the criteria regarding the graduation of the sanction have been the subject of evaluation in the Report, which has been brought to the knowledge of the SASCM;
8. That, in observance of what is provided in numeral 5 of article 255 of the TUO of the LPAG, through Letter No. 4040-2025-SMV/11 dated July 30, 2025, the Report was sent to the Issuer so that it could formulate its allegations within a period of five (5) business days. However, despite having been validly notified through the MVNet System, in accordance with the MVNet System and SMV Virtual Regulation approved by SMV Resolution No. 004-2024-SMV/01, on July 30, 2025; and in person at its physical address on August 14, 2025, to date the Issuer has not presented its defenses;
III. ISSUES TO DETERMINE
9. That, in the present PAS it corresponds to determine the following:
(i) If the Issuer incurred or not in the infractions indicated in the Charge Letter and Report.
(ii) If it corresponds or not to impose a sanction on the Issuer;
IV. ANALYSIS
4.1 Applicable regulations
10. That, article 31 of the TUO of the LMV establishes that:
PERU Ministry of Economy and Finance
SMV
Securities Market Superintendence
Electronically signed document in the framework of Law No. 27269, Law of Digital Signatures and Certificates, its regulations and amendments. The integrity of the document and authorship “What is established in the previous article does not relieve the issuer of the timely delivery to the SMV (…) of the information (…) necessarily, which is indicated below:
a) Its financial states and indicators, with the minimum information that the SMV generally indicates, with a frequency not greater than quarterly; and, b) Its annual report, with the minimum information that the SMV generally establishes. (…)” (Underlining added);
11. That, regarding this, subsection 24.1.1 of article 24 of the Regulation of the Alternative Securities Market – MAV, approved by SMV Resolution No. 025-2012-SMV/01 (hereinafter, MAV Regulation) establishes that:
“24.1 Once the value or issuance program is registered in the Registry and/or in the RVB as a result of a primary public offer or for its secondary negotiation, the Companies must present to the SMV only the following information:
24.1.1 Annual audited individual or separate financial information.
This information will be presented on the day approved by the corresponding body, the deadline for its respective approval being April 15 of each year. The approval of said information is considered a material event.
24.1.2 Interim individual financial information.
The companies participating in this market must reveal in the informative prospectus their regime for presenting financial information to the market, having to opt for any of the following alternatives:
(…)
1 In article 245 of the TUO of the LPAG it is indicated as forms or modes in which the inspection activity could conclude the following: 1) Certificate of conformity of the activity developed by the administrated; 2) Recommendation of improvements or corrections of the activity developed by the administrated; 3) The warning of the existence of non-compliance not susceptible of meriting the determination of administrative responsibilities; 4) The recommendation of the start of a procedure with the aim of determining the administrative responsibilities that correspond; 5) The adoption of corrective measures and 6) Other forms as established by special laws. “Article 9.- PRELIMINARY INQUIRIES AS A CONSEQUENCE OF SUPERVISION ACTIONS (…) When said organs conclude that there are sufficient indications of possible administrative infractions they remit the corresponding reports to the General Intendancies of Compliance, which determine if it corresponds to initiate or not an administrative sanctioning procedure. If so, the General Intendancies of Compliance may carry out additional inspections or investigations of the reported indications. In the case of possible infractions in the scope of the Financial Financing Activity Regulation
PERU Ministry of Economy and Finance
SMV
Securities Market Superintendence
Electronically signed document in the framework of Law No. 27269, Law of Digital Signatures and Certificates, its regulations and amendments. The integrity of the document and authorship Participatory Financial and its Managing Societies, the preliminary inquiries are carried out by the General Intendancy of Investigation and Innovation, a dependency that if there are sufficient indications of possible administrative infractions will determine if it corresponds to initiate or not an administrative sanctioning procedure. (…).
18. That, in this way it is had that in the evaluation of the facts related to the present PAS have intervened and participated previously to the emission of the present resolution, two (2) other organs of the SMV, functionally independent from each other and from this Office; first the IGSC that on its occasion reported the indications of infractions through the aforementioned memorandums and then the IGCC that, as a result of its evaluation, formulated the Charge Letter and the Report; and at this point of the PAS it corresponds to the Office of the SASCM, to issue a pronouncement containing its decision regarding the mentioned charges, it being precise to indicate that by the nature of the same, it will be a decision of first administrative instance for the non-compliance referred to not presenting unaudited interim individual financial information (Charge No. 1 and 2), annual audited individual financial information (Charge No. 3) and annual report (Charge No. 4);
19. That, it should be clarified that the Issuer, by maintaining values registered in the RPMV, is obliged to observe and comply with the regime of communication and revelation of information in strict, regarding the presentation of periodic and eventual information in a clear, truthful, sufficient and timely manner;
20. That, the compliance with the obligation relative to the presentation of eventual truthful, sufficient and timely information by the issuers of values registered in the RPMV, is essential for the transparency of the securities market and its adequate functioning. In that sense the transparency of the information is a protected legal good, since it guarantees that all participants have timely, real and reliable information to take, in an adequate manner, informed investment decisions, so its protection is indispensable in order to maintain the confidence of investors and preserve the integrity of the securities market;
21. That, it proceeds with the evaluation of the infractions subject of the present PAS:
Charge No. 1
22. That, regarding Charge No. 1, referred to the non-presentation of the unaudited interim individual financial information as of December 31, 2023, it is observed ex officio that through articles 1 and 2 of Adjunct Superintendent Resolution SMV No. 67-2024-SMV/11 of November 06, 2024 (File No. 2024011735), a warning was imposed on the Issuer for the commission of said infraction:
“Article 1°.- Declare that CAMPOSUR INC S.A.C. has incurred nine (09) serious infractions. Eight (08) of them, typified in subsection 2.10 of numeral 2 of Annex I of the Sanctions Regulation, approved by SMV Resolution No. 035-2018-SMV/01, for not having presented (…), (viii) Unaudited Interim Individual Financial Statements as of December 31, 2023; (…).
Article 2°.- Sanction CAMPOSUR INC S.A.C., with nine (09) warnings for what is provided in article 1° of the present Resolution.”
Participatory Financial and its Managing Societies, the preliminary inquiries are carried out by the General Intendancy of Investigation and Innovation, a dependency that if there are sufficient indications of possible administrative infractions will determine if it corresponds to initiate or not an administrative sanctioning procedure.
(…).
PERU Ministry of Economy and Finance
SMV
Securities Market Superintendence
Electronically signed document in the framework of Law No. 27269, Law of Digital Signatures and Certificates, its regulations and amendments. The integrity of the document and authorship
23. That, it must be taken into account that Letter No. 1300-2024-SMV/11.2 through which charges were formulated in the administrative sanctioning procedure followed in File No. 2024011735, was notified to the Issuer on April 08, 2024, as evidenced by the receipt certificate that is in said file;
24. That, in that sense, taking into account that, as has been indicated, said charge was already the subject of sanction in Adjunct Superintendent Resolution SMV No. 67-2024-SMV/11 of November 06, 2024, and in application of the principle of non bis in idem, principle of the administrative sanctioning power collected in numeral 11 of article 248 of the TUO of the LPAG 3 , no administrative sanction can be imposed for the same fact in cases where the identity of the subject, fact and foundation is appreciated, as established;
25. That, according to what was evaluated by this Office, in the aspect referred to Charge No. 1, it is appreciated that the three (3) elements described for the application of the principle of non bis in idem, subject, fact and foundation, concur; therefore, it corresponds to proceed with the filing of the PAS in the aspect referred to Charge No. 1, according to what is established in literal e) of article 17 4 of the Sanctions Regulation;
Charges No. 2, 3 and 4
26. That, regarding this, from the review of the Institutional Page of the SMV in the Unique Digital Platform of the Peruvian State for Citizen Orientation (hereinafter, Institutional Page of the SMV) 5 in what refers to the publication and remittance of the information associated with the facts subject of charges, it can be indicated that to date, the Issuer has not complied with presenting the unaudited interim individual financial information as of June 30, 2024 (Charge No. 2), the annual audited individual financial information for the 2023 exercise (Charge No. 3) and the annual report for the 2023 exercise (Charge No. 4);
27. That, consequently, the conduct constitutive of the three (3) infractions contained in Charges No. 2, 3 and 4 has been proven, and the administrative responsibility of the Issuer is determined, by reason of which, it corresponds to analyze the sanction proposal in attention to what is provided by the principle of reasonableness and to the sanction criteria, which will be evaluated in the subsection of determination of the sanction;
“Article 248.- Principles of the administrative sanctioning power The sanctioning power of all entities is additionally governed by the following special principles:
(…) e) The final resolution must pronounce itself regarding the commission of the infraction, the application of a sanction or the decision to archive the procedure. Likewise, it may impose precautionary, provisional or corrective measures. The Adjunct Superintendent may dispose of the execution of the guarantees granted by the legal entities under the competence of the SMV.” (Underlining added).
“Article 17.- SANCTIONING PHASE
(…)
11. Non bis in idem.- Successive or simultaneous imposition of a penalty and an administrative sanction for the same fact will not be allowed in cases where the identity of the subject, fact and foundation is appreciated.”
5 www.gob.pe/smv
PERU Ministry of Economy and Finance
SMV
Securities Market
Superintendency
Electronically signed document within the framework of Law No. 27269, Law of Digital Signatures and Certificates, its Regulations and modifications. The integrity of the document and the authorship
V. DETERMINATION OF THE SANCTION
That, regarding this matter, in view that the infractions for the omission of the presentation of financial information are not contemplated within the circumstances of Article 32 of the MAV Regulation, the application of Article 33 of said regulation corresponds, according to which, the other infractions committed by companies and persons intervening in the MAV will be sanctioned in accordance with the Sanctions Regulation;
That, in this sense, regarding the omission in the presentation of annual individual financial statements, annual report, and individual interim financial statements, these infractions are typified in paragraph 2.10 of numeral 2 of Annex I of the Sanctions Regulation, which states that it constitutes a serious infraction: "To not communicate important facts or not present audited individual or consolidated financial information, individual or consolidated interim financial statements, management report or special audit report and annual reports." (Underlining added);
That, in accordance with Article 34 of the Sanctions Regulation, such infractions are sanctionable with a fine of not less than twenty-five (25) UIT and up to fifty (50) UIT, or suspension of the negotiation of securities for up to one (1) year;
SANCTION CRITERIA
That, having determined the commission of the imputed infractions in Charges No. 2, 3 and 4, it corresponds to evaluate the sanction to be determined in accordance with Article 25 of the Sanctions Regulation, concordant with numeral 3) of Article 248 of the Single Text of the General Administrative Procedure Law No. 27444, approved by Supreme Decree No. 004-2019-JUS (TUO of the LPAG) and Article 344 of the TUO of the LMV, which develop the criteria for sanction graduation: (i) the sanction history of the issuer, (ii) recidivism, (iii) the circumstances of the commission of the infraction, (iv) the economic damage caused and its repercussion on the market, (v) the illicit benefit resulting from the commission of the infraction, (vi) the probability of detection of the infraction, (vii) the gravity of the damage to the public interest and/or protected legal good and (viii) the existence or not of intent in the conduct of the offender;
That, in application of the aforementioned norms, it proceeds to evaluate the sanction criteria;
That, regarding the criterion of the gravity of the damage to the public interest and/or protected legal good, it must be indicated that the presentation of periodic or eventual information by issuers of securities registered in the RPMV constitutes a fundamental obligation in the transparency of the securities market, so that market participants can make their investment decisions adequately informed. Consequently, although no gravity of damage to the public interest is evidenced, the non-compliance by the issuer affects the transparency of the market, which is considered a protected legal good;
That, regarding the sanction history, paragraph a) of Article 25 of the Sanctions Regulation establishes that the offender's history consists of sanctions imposed by the SMV that became final within the four (4) years prior to the moment of the commission of the infraction to be sanctioned. It also states that the commission of the same infraction in the year prior to the infraction to be sanctioned is not considered history. In application of this criterion, it has been verified that the Issuer has a sanction history as detailed in the Report;
That, regarding recidivism, for the commission of the same infraction, it has been verified that there is no recidivism by the Issuer according to what was evaluated in the Report, in the terms referred to in paragraph b) of Article 25 of the Sanctions Regulation, which provides that there is recidivism for the commission of the same infraction within a period of one (1) year from when the resolution sanctioning the first infraction became final;
That, regarding the criterion of circumstances of the commission of the infraction, it should be noted that, from the verification of the information disseminated by issuers on the SMV Institutional Page, it is observed regarding infractions for omission in the presentation of financial information and annual report, that as of the date of issuance of the Report, the Issuer has not fulfilled its obligation to present its unaudited individual interim financial information as of June 30, 2024, audited individual financial information for the annual exercise 2023 and the annual report for the exercise 2023.
That, from the review of the information registered in the Integrated Registration and Supervision System (SIRyS) of the SMV, it is observed that the Issuer through General Superintendent Resolution SMV No. 091-2018-SMV/11.1 of October 26, 2018, registered an issuance program called "First Short-Term Instruments Program" in the Public Registry of the Securities Market (RPMV), which has as the expiration date of the placement period October 26, 2024, as can be seen below in Table No. 1:
That, in this sense, the Issuer as of the date no longer has active securities nor an issuance program that allows it to issue values, so materially there are no longer investors who require protection by the securities market norms and to be informed by the Issuer about the obligations regarding the presentation of its financial information;
That, on the other hand, it is verified that its last placement was carried out on October 17, 2019 with the Second Issuance of the First Short-Term Instruments Program - Series A, which according to what was communicated in its Annual Report of the 2019 exercise (File No. 2020043025) the obligation would be fully cancelled;
That, regarding the existence of damage caused and its repercussion on the market, we must point out that in the present PAS it has not been evidenced that there has been a quantifiable damage, understood as an economic damage caused to one or several investors;
That, regarding the illegal benefit obtained resulting from the commission of the infraction, in the present PAS there are not sufficient elements to indicate that the Issuer obtained an illegal benefit as a consequence of the commission of the infractions under evaluation;
That, regarding the probability of detection of the infraction, the referred non-compliances are corroborated by control actions of the SMV itself, so the probability of detection is high;
That, regarding the existence or not of intent in the conduct of the offender, it can be noted that there are not sufficient elements to indicate that the Issuer acted with intent in the commission of the infractions, so this criterion would not have been configured. However, it is necessary to indicate that despite there being no indications to state that the Issuer acted with intent, it can be reported that the conduct was negligent, as it did not act with the diligence required before its obligations already known by it;
APPLICATION OF SANCTION CORRESPONDING TO A CLASSIFICATION LOWER THAN PRESCRIBED
That, according to the charges formulated, the Issuer has incurred three (3) infractions of a serious nature, whose fine corresponds between twenty-five (25) and fifty (50) UIT, however, this Office considers that in application of the principle of reasonableness, in the present administrative sanctioning procedure, it would be applicable what is provided by the last paragraph of Article 25 of the Sanctions Regulation, which states that: "When, from the evaluation of the aforementioned criteria, it is observed that there is no proportionality between the sanction to be imposed and the imputed facts, by exception and through a reasoned resolution, a sanction corresponding to a classification lower than the prescribed can be imposed.", for the following considerations: i) it is an Issuer that participates in the MAV; ii) as of the date there has been no claim or complaint from any shareholder or investor against the Issuer, so it can be affirmed that it has not been evidenced that the non-compliances have produced a quantifiable damage, understood as an economic damage caused to one or several investors; iii) although it has a sanction history and is a recidivist, it has not been evidenced that by the non-compliances evaluated in the present report it has obtained a benefit from its illegal conduct, nor has it been accredited that it acted with intent;
That, consequently, in attention to the above, this Office considers that by exception, a sanction corresponding to a classification lower than the prescribed should be applied to it, that is, impose a sanction corresponding to minor infractions, as stated by the last paragraph of Article 25 of the Sanctions Regulation. Likewise, it must be taken into account that through Assistant Superintendent Resolution SMV No. 067-2024-SMV/11, sanctions of reprimand were imposed on the Issuer for, among others, non-compliances referred to the omission of presentation of financial information of the exercises 2021, 2022 and 2023;
That, therefore, although we are of the opinion that the conduct of the Issuer regarding the imputed infractions is reprehensible to the extent that it is not complying with the obligations established in the regulations; it cannot be overlooked that the Issuer no longer has active securities nor an issuance program that allows it to issue values, so it can be stated that no concrete damage has been produced to the investors;
That, likewise, it must be mentioned that, as of the date, there has been no claim or complaint from any shareholder and/or investor against the Issuer, so it can be affirmed that it has not been evidenced that the non-compliances have produced a quantifiable damage, understood as an economic damage caused to one or several investors;
That, in accordance with what is detailed in this Resolution, this Office considers that although it agrees with the analysis carried out in the Report to sanction the Issuer for the committed non-compliances, regarding the proposal of sanction to be applied it considers that in attention to the evaluation carried out in the present PAS it corresponds to apply as a sanction a reprimand for each of the infractions committed and not a fine sanction;
Being in accordance with what is provided in numerals 13 and 36 of Article 43 of the Organization and Functions Regulation of the SMV, approved by Supreme Decree No. 216-2011-EF;
RESOLVES:
Article 1º.- Declare the non-existence of the infraction corresponding to the charge referred to not presenting unaudited individual interim financial information as of December 31, 2023, imputed to CAMPOSUR INC S.A.C., in application of the principle of non bis in idem, according to what is stated in this Resolution and consequently, archive the present administrative sanctioning procedure in the extent of Charge No. 1.
Article 2º.- Declare that CAMPOSUR INC S.A.C. has incurred three (3) infractions of a serious nature, typified in paragraph 2.10 of numeral 2 of Annex I of the Sanctions Regulation, approved by SMV Resolution No. 035-2018-SMV/01, for not having presented the unaudited individual interim financial information as of June 30, 2024 (Charge No. 2), the audited individual annual financial information for the 2023 exercise (Charge No. 3) and the Annual Report of the 2023 exercise (Charge No. 4).
Article 3º.- Sanction CAMPOSUR INC S.A.C. with three (03) reprimands for what is provided in Article 2 of this Resolution.
Article 4º.- This Resolution does not exhaust the administrative route, this being able to be challenged before this Assistant Superintendent of Market Conduct Supervision by filing the reconsideration or appeal resource, administrative resources recognized in Article 218 of the Single Text of Law No. 27444, General Administrative Procedure Law, approved by Supreme Decree No. 004-2019-JUS, within the term of fifteen (15) business days counted from the day following its notification, as it is a procedure of double administrative instance.
Article 5º.- In case that this resolution is not subject to challenge through reconsideration or appeal resource, it must be published on the SMV Institutional Page in the Unique Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe/smv), in observance of what is provided in numeral 1 of Article 7 of the Policy on publicity of normative projects, norms of general character and other administrative acts of the SMV, approved by SMV Resolution No. 014-2014-SMV/01, and by what is provided in the last paragraph of Article 14 of the Sanctions Regulation, approved by SMV Resolution No. 035-2018-SMV/01.
Article 6º.- Transcribe this Resolution to CAMPOSUR INC S.A.C.
Register, communicate and publish,
Carlos Rivero Zevallos
Assistant Superintendent
Assistant Superintendency of Market Conduct Supervision
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The documents this one cites, and the documents that cite it.
“Sanctions Regulation, approved by SMV Resolution No. 035-2018-SMV/01 (hereinafter, Sanctions Regulation)”
“Policy on publicity of normative projects, norms of general character and other administrative acts of the SMV, approved by SMV Resolution No. 014-2014-SMV/01”
“Regulation of Organization and Functions of the SMV, approved by Supreme Decree No. 216-2011-EF”
“Unified Ordered Text of the General Administrative Procedure Law, approved by Supreme Decree No. 004-2019-JUS”
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