Adjunct Superintendent Resolution on Prudential Supervision No. 061-2024-SMV/10

PERU Ministry of Economy and Finance

SMV
Securities Market Superintendence
"Decade of Equal Opportunities for Women and Men" "Year of the Bicentennial, of the consolidation of our Independence, and of the commemoration of the heroic battles of Junín and Ayacucho" 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 of the signature(s) can be verified at https://apps.firmaperu.gob.pe/web/validador.xhtml Adjunct Superintendent Resolution SMV No. 061-2024-SMV/10 Lima, December 17, 2024 Regulated Entity: Plan Rentable Perú S.A.C ex Collective Fund Administrator Subject: Administrative sanctioning procedure File No.: 2024012957 The Adjunct Superintendent of Prudential Supervision HAVING SEEN:
The administrative file No. 2024012957.
CONSIDERING:
By Office No. 1242-2024-SMV/10.3, notified on April 3, 2024, an administrative sanctioning procedure was initiated against Plan Rentable Perú S.A.C ex Collective Fund Administrator (hereinafter, PLAN RENTABLE) for alleged infractions to the regulations governing the securities market; On April 15 and December 6, 2024, PLAN RENTABLE presented its statements and defenses; Through Report No. 1686-2022-SMV/10.3 dated December 13, 2024, the General Superintendent of Prudential Compliance elevated before this Adjunct Superintendence the report containing the proposal for the classification of the proven conduct as constituting infractions by PLAN RENTABLE and the respective sanction proposal; By Office No. 5701-2024-SMV/10, dated December 17, 2024, this Adjunct Superintendence informed PLAN RENTABLE that the aforementioned file is in this office for resolution; this with the purpose that the regulated entity, as part of its right to defense, if deemed pertinent, formulate additional statements;
Article 259, numeral 1, of the Single Consolidated Text of Law No. 27444 - General Administrative Procedure Law, states that the deadline to resolve sanctioning procedures initiated ex officio is nine (09) months counted from the date of notification of the charges, a deadline that can be exceptionally extended by a maximum of three (03) months;
In this sense, with the purpose of better resolving the complexity of the present case in which the possible commission of serious infractions referred to the affectation of legal interests protected in the collective fund system is discussed, by PLAN RENTABLE, in application of the cited article 259, numeral 1, it corresponds to exceptionally extend the deadline for the resolution of the present administrative sanctioning procedure against PLAN RENTABLE; Being in accordance with what is established by article 32, numeral 16, of the Organization and Functions Regulation of the SMV, approved by Supreme Decree No. 216-2011-EF. RESOLVES:
Article 1°.- Exceptionally extend by an additional period of three (03) months, the term for the resolution of the present administrative sanctioning procedure initiated against Plan Rentable Perú S.A.C ex Collective Fund Administrator
Article 2°.- Transcribe this resolution to Plan Rentable Perú S.A.C ex Collective Fund Administrator.
Register and communicate.
Omar Gutiérrez Ochoa
Adjunct Superintendent
Adjunct Superintendence of Prudential Supervision