Adjunct Superintendent Resolution on Supervision of Market Conduct No. 061-2025-SMV/11

That, the IGCC—the instructing body of the PAS referred
to in the present case—has brought to the attention of the Adjunct Superintendent of Supervision of Market Conduct of the SMV (hereinafter, SASCM), the PAS of administrative file No. 2025011155, in order that it issues a decision as the sanctioning body of first or single administrative instance, as appropriate for the type of offenses evaluated in said PAS. In this way, the SASCM assumes competence in observance of the exercise of the supervision function and the sanctioning power of the SMV established through the Unified Concordant Text of its Organic Law, Law Decree No. 26126 (hereinafter, LOSMV), and the Unified Text of the Securities Market Law, Legislative Decree No. 861, approved by Supreme Decree No. 020-2023-EF 1 (hereinafter, TUO LMV); as well as by what is provided in the Sanctions Regulation, approved by SMV Resolution No. 035-2018-SMV/01 (hereinafter, Sanctions Regulation); and, in articles 42 and 43 of the Organization and Functions Regulation of the SMV, approved by Supreme Decree No. 216-2011-EF (hereinafter, ROFSMV), in the sense that it is a specific function of the SASCM, to impose sanctions in single administrative instance or first instance, according to the type of offenses evaluated whose compliance control corresponds to the referenced Adjunct Superintendency. Likewise; the SASCM has the powers to issue corrective measures aimed at reversing the situation altered by the commission of the offense;
That, regarding the charge referred to the communication
of incomplete information in the material fact of March 13, 2024, it corresponds to a single administrative instance in accordance with the second paragraph of article 14 of the Sanctions Regulation and paragraph 14 of article 43 of the ROF-SMV, which establish that, among others, it is a specific function of the Adjunct Superintendent of the SASCM, to impose sanctions in single administrative instance for the commission of offenses regarding timeliness in the presentation of periodic and eventual information, whose compliance control corresponds to the SASCM, with the Adjunct Superintendent of the SASCM resolving the reconsideration appeals filed against the pronouncements it issues in single administrative instance;
That, regarding the charge referred to the communication
of information related to registrable agreements in an untimely manner, it corresponds to two (2) administrative instances in accordance with the first paragraph of article 14 of the Sanctions Regulation and paragraph 13 of article 43 of the ROF-SMV, which establish that, among others, it is a specific function of the Adjunct Superintendent of the SASCM, to impose sanctions in first administrative instance for the commission of offenses whose control of compliance corresponds to the SASCM. Complementarily, in accordance with
article 15 of the Sanctions Regulation and paragraph 26 of article 12 of the ROFSMV, the Superintendent of the Securities Market resolves the appeals against the
resolutions issued in first instance by the Adjunct Superintendent of the SASCM, with the exception of single-instance procedures;
II. FACTS, CHARGES AND DEFENSES OF THE ISSUER

1 Approved by Supreme Decree No. 020-2023-EF, published on February 10, 2023 in the Official Gazette El Peruano, the Unified Text of the Securities Market Law, Legislative Decree No. 861 was approved.

PERÚ Ministry of Economy and Finance
SMV
Securities Market
Superintendency
Electronically signed document under the framework of Law No. 27269, Law on Digital Signatures and Certificates, its Regulations and amendments. The integrity of the document and authorship
2.1 Facts
4. That, it was evaluated whether the Issuer complied or not with
disclosing to the securities market material facts and related information;
2.2 Charges
5. That, as a result of said evaluation,
through Letter No. 1952-2025-SMV/11.2 (hereinafter, Charge Letter), the following charges were formulated against the Issuer:
MATERIAL FACTS
Charge No. 1: Submission of incomplete information in the material fact of March 13, 2024 Through a material fact of March 13, 2024 (File No.
2024010653), it communicated the call for the Mandatory Annual Shareholders Meeting to be held on March 27, 2024, which indicated, among other agenda points, the approval of the Audited Annual Individual Financial Statements for the 2023 fiscal year; however, it attached the Audited Individual Financial Statements for the 2022 fiscal year, and not the financial information that corresponded to be approved in the referred meeting. In said communication of the material fact, it also indicated that said financial statements were at that date in the process of completion by the auditing company, so it could not present them, but at the request of the MVNet system and to continue in the calling process, it attached the Audited Individual Financial Statements 2022. It should be noted that through Letter No. 1206-2024-SMV/11.1 sent on March 26, 20241 the General Superintendent of Conduct Compliance (IGSC) requested from the Issuer the presentation of the Audited Financial Statements for the 2023 fiscal year. In response, the Issuer in a regularization process presented on March 26, 2024, the required information, attaching the Audited Financial Statements for the 2023 fiscal year. From the foregoing, the Issuer would have presented incompletely the material fact of March 13, 2024, related to the call for the Mandatory Annual Shareholders Meeting, by not attaching the Audited Annual Financial Statements for the 2023 fiscal year, which were presented through regularization on March 26, 2024. Consequently, the material fact of March 13, 2024 is incomplete. Thus, the Issuer, through a material fact of March 26, 2024, in the regularization process of the material fact of March 13, 2024, in response to Letter No. 1206-2024-SMV/11.1 sent on March 26, 2024, by the IGSC, presented the required information, attaching the Audited Annual Individual Financial Statements for the 2023 fiscal year, one day (01) before the celebration of the said meeting and only upon the request of the IGSC, a situation that violates the right to information established in article 130 of the General Companies Law (LGS), and what is regulated by paragraph 1 of Annex I of the Regulation on Material Facts which states:
“Calls and Agreements 1. Call to shareholders meetings, creditors meetings or bondholders assemblies, indicating the respective agenda and the documentation that is available to shareholders, creditors and bondholders, as the case may be, as well as the agreements adopted in them. In the case of call to an annual mandatory meeting or equivalent body, the Issuer must attach a copy of the audited annual financial information and the annual report that will be submitted for approval.” Consequently, the material fact of March 13, 2024, was presented with information that did not correspond to the subject matter of the call to the meeting nor of the material fact itself, that is, the information sent constitutes incomplete information. Charge No. 2: Late submission of information related to agreements registrable in the Public Registries Through a material fact of June 13, 2023 (File No. 2023026474), its representative communicated the agreements adopted in the Special Shareholders Meeting, among other agenda points approved: i) the adaptation of its representative from Open Joint Stock Company to Joint Stock Company; and, ii) the integral modification of its Social Pact and the Corporate Bylaws of its company. Regarding this, through communication via material facts of July 19, 2024 (File No. 2024031044), its representative sent the testimony of the public deed of the agreements approved in the referred meeting, which were registered on May 06, 2024, in Entry B00010 of Electronic Part No. 40008309 of the Public Registries of the Barranca Registry Office of the National Superintendency of Public Registries – SUNARP. It should be noted that through Letter No. 3091-2024-SMV/11.1, sent on July 17, 20243, the IGSC requested from its representative the referred information. The Issuer sent said information on July 19, 2024. In accordance with the foregoing, its representative would not have sent in a timely manner the testimony of the public deed of the agreements indicated above which were registered in the public registries on May 06, 2024, which should have been sent no later than May 27, 2024; however, it was sent on July 19, 2024.”
2.3 Defenses
6. That, through a document presented on June 20,
2025, the Issuer presented its defenses stating; among others, the following:
Charge 1
(i) The Issuer maintains that the involuntary delay in sending the Audited Annual Individual Financial Statements corresponding to the 2023 fiscal year originated in the request of the external auditing company Tanaka, Valdivia & Associates S.C.R.L., referred to the delivery of additional information, reviews and clarifications, in order to determine the reasonableness of said financial statements. These were published, presented and approved at the General Shareholders Meeting of May 27, 2024. (ii) Likewise, it clarifies that the presentation of the financial information was not due to the request of the IGCC, since Letter No. 1206-2024-SMV/11.1 was received at 4:00 p.m. on March 26, 2024. On that same day, the Issuer received from the auditors the 2023 Audited Financial Statements at 2:08 p.m., reviewed them and sent them to the SMV at 2:42 p.m., via MVNET, attaching the presentation receipt to the SMV. In this sense, said presentation was made before the issuance of the mentioned request letter. (iii) Finally, the Issuer adds that, for the 2024 fiscal year, it has changed its auditing company and has complied with presenting the corresponding documentation in the dates scheduled for the call to the General Shareholders Meeting of March 31, 2025. Charge 2 (i) The Issuer states that it was an atypical case of omission by the area in charge of monitoring and sending information to the entities with which it has reporting obligations. These obligations are calendarized; however, as this particular sending was not scheduled, the mentioned omission may have occurred. (ii) Likewise, it indicates that the communication of the material fact of June 13, 2024, relating to the General Shareholders Meeting in which the agreements for the adaptation of the Open Joint Stock Company to Joint Stock Company, as well as the Integral Modification of the Social Pact and the Corporate Bylaws, was carried out timely on that same date. Consequently, there was no intent to hide information or to omit its communication to the SMV. (iii) The Issuer recognizes the lateness in complying with the established deadlines. However, it specifies that it is an act approved in the General Shareholders Meeting and communicated on the same day through a material fact, with the registration in the Public Registries being a complementary act. (iv) Finally, it presents its apologies for the involuntary omission and states that it will strengthen its controls and monitoring mechanisms, in order to avoid the repetition of similar situations.
7. That, through Supreme Decree No. 004-2019-
JUS, the Unified Text of Law No. 27444, General Administrative Procedure Law (hereinafter, TUO of the LPAG), was approved, which contains common norms for the actions of the administrative function of the State and regulates all administrative procedures developed in the entities, including special procedures. Likewise, paragraph 3) of article 248 of the TUO of the LPAG, indicates the criteria regarding the graduation of the sanction: (a) The illicit benefit resulting from the commission of the offense, (b) The probability of detection of the offense, (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 offense within a period of one (1) year from when the resolution sanctioning the first offense became final, (f) The circumstances of the commission of the offense and, (g) The existence or not of intent in the conduct of the offender;

PERÚ Ministry of Economy and Finance
SMV
Securities Market
Superintendency
Electronically signed document under the framework of Law No. 27269, Law on Digital Signatures and Certificates, its Regulations and amendments. The integrity of the document and authorship
8. That, the charges, the defenses and the criteria
regarding the graduation of the sanction have been the subject of evaluation in the Report, which has been submitted to the knowledge of the SASCM;
9. That, in observance of what is provided in paragraph
5 of article 255 of the TUO of the LPAG, through Letter No. 4152-2025-SMV/11 of date August 05, 2025, the Report was sent to the Issuer in order to formulate its allegations within the term 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, to date it has not presented its allegations;
III. MATTERS TO BE DETERMINED
10. That, in the present PAS it corresponds to determine
the following:
(i) Whether the Issuer incurred or not in the offenses indicated in the Charge Letter and Report; (ii) Whether it corresponds or not to sanction the Issuer;
IV. ANALYSIS
4.1 Applicable Normativity
11. That, with regard to Charge 1, article 30 of the TUO
LMV states: “The registration of a certain value or issuance program entails for its issuer the obligation to inform the SMV and, if applicable, to the respective stock exchange or entity responsible for conducting the centralized trading mechanism, of the material facts, including ongoing negotiations, about itself, the value and the offer made of it, as well as to disclose such facts in a truthful, sufficient and timely manner. The information must be provided to said institutions and disclosed as soon as the fact occurs or the issuer takes knowledge of it, as the case may be.” (Underlining added);
12. That, paragraph 5.1 of article 5 of the Regulation
on Material Facts states the following: “In the Annex that forms part of the present Regulation, an enumerative list of facts, acts, agreements and decisions is included, which aims to facilitate the Issuer’s identification, classification and classification of the information that could qualify as a material fact.” It should be noted that the reference to Annex corresponds to Annex 1 of the mentioned regulation;
13. That, according to paragraph 1, of Annex 1, which
forms part of the Regulation on Material Facts, it is stated that it constitutes a material fact: “1. Call to shareholders meetings, creditors meetings or bondholders assemblies, indicating the respective agenda and the documentation that is available to shareholders, creditors and bondholders, as the case may be, as well as the agreements adopted in them. In the case of call to an annual mandatory meeting or equivalent body, the Issuer must attach a copy of the audited annual financial information and the annual report that will be submitted for approval”. (Underlining added);
14. That, for the purpose of determining the possible sanction,
with respect to Charge 1, this offense is classified in subsection 3.1 of paragraph 3 of Annex I of the Sanctions Regulation, which states that it constitutes a minor offense: “Submit outside the established deadline, or do so in an incomplete manner, or, without observing the technical specifications approved by the SMV or without communicating the approval by the corresponding corporate body, to the SMV, to the Stock Exchange, to the entity in charge of the centralized trading mechanism or to any other entity or subject of the securities market, the individual or consolidated audited financial information, the individual or consolidated interim financial statements, management report, special audit report, material facts and, annual reports.” (Underlining added);
15. That, with regard to Charge 2, according to
subsection iii) of the second paragraph of paragraph 2 of said Annex 1 of the Regulation on Material Facts, it states the following: “(…) The information related to the processes of merger, spin-off or reorganization and modification of bylaws of an Issuer, must be sent to the RPMV within fifteen (15) business days of its registration in the Public Registries in accordance with the following: (...)
iii. In the case of all bylaw modifications a copy of the testimonies of the corresponding public deeds. (…)”. (Underlining added);
16. That, for the purpose of determining the possible sanction,
with respect to Charge 2, this offense is classified in subsection 3.6 of paragraph 3 of Annex I of the Sanctions Regulation, which states that it constitutes a minor offense: “Submit outside the deadline, or not submit, the documentation or information, other than that indicated in the preceding paragraph 3.1 to which they are obligated by the regulation or by request of the SMV or not send it according to the technical specifications, when applicable, or send it in an incomplete manner”. (Underlining added);
4.2 Evaluation of the case
17. That, in the administrative file No.
2025011155, which contains the documentation of the present PAS, it is appreciated that through Memorandum No. 4046-2024-SMV/11.1 of October 11, 2024 (File No. 2024041367), the IGSC—the body of the SMV that has within its functions and powers, the supervision of the compliance of the norms applicable to issuer companies with values registered in the RPMV, evaluating the indications of possible offenses, and sends, for its consideration, the reports on indications of offense respectively, to the IGCC—, sent to the IGCC, the result of its evaluation, and specifically what refers to the present case;
18. That, it must be kept in mind that the
procedures and legal forms with which the IGSC conducts its activity of inspection and/or supervision and upon concluding it with a report on indications of offense, determine that its pronouncement or opinion on a specific topic of supervision—which can even contain a decision, such as, for example, the adoption of corrective measures—, is an opinion on the merits of the matter; it must be specified that said opinion and the report on indications of offense of the IGSC is not binding for the IGCC, as established in the second paragraph of the

Charge 1:
21. That, with respect to Charge 1 formulated against the Issuer, this resides in the fact of importance of March 13, 2024, through which the date of convocation to the Mandatory Annual Shareholders' Meeting was communicated, whose agenda included the approval of the Audited Individual Annual Financial Statements corresponding to the 2023 exercise, the corresponding financial statements for the 2022 exercise were attached and not those of 2023, for which reason said fact of importance was considered at the time as incomplete;
22. That, although the Issuer recognizes that the delay in sending the 2023 audited financial information was the product of an involuntary error, originated by the request of the external audit firm Tanaka, Valdivia & Associates SCRL, which requested additional information, reviews and clarifications on said financial statements, and that it has currently changed its audit firm, complying with the scheduled dates for the convocation to the

2 In article 245 of the TUO of the LPAG, the following forms or modes in which the supervision activity could be concluded are indicated: 1) Certificate of conformity of the activity developed by the administrator; 2) Recommendation of improvements or corrections of the activity developed by the administrator; 3) The warning of the existence of non-compliance not susceptible of warranting the determination of administrative responsibilities; 4) The recommendation to initiate a procedure in order to determine 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 these bodies conclude that there are sufficient indications of possible administrative infringements, they remit the corresponding reports to the General Inspectorates of Compliance, which determine whether or not to initiate an administrative sanctioning procedure. If the case arises, the General Inspectorates of Compliance may carry out additional inspections or investigations of the reported indications. In the case of possible infringements in the scope of the Regulation of the Participatory Financial Financing Activity and its Managing Societies, the preliminary inquiries are carried out by the General Inspectorate of Investigation and Innovation, a dependency that, if there are sufficient indications of possible administrative infringements, will determine whether or not to initiate an administrative sanctioning procedure. (...)».

Charge 2
24. That, with respect to Charge 2 formulated against the Issuer, this refers to the fact of importance of June 13, 2023, through which the agreements adopted in the Special General Shareholders' Meeting held on that same date were communicated: i) the adaptation of the society from Open Joint Stock Company to Joint Stock Company; and ii) the integral modification of its Social Pact and of the Social Statutes, which had to be sent within fifteen (15) days following their registration in the Public Registries;
25. That, in that sense, the testimony of the public deed that collected the agreements approved in the referred meeting was inscribed on May 6, 2024, in Entry B00010 of Electronic Part No. 40008309 of the Public Registries of the Barranca Registry Office of the National Superintendency of Public Registries – SUNARP; therefore, the Issuer had a maximum deadline to send said information of May 27, 2024. Nevertheless, the Issuer only sent the referred testimony through a fact of importance of July 19, 2024;
26. That, it is worth specifying that this fact of importance was communicated as a consequence of the information request formulated by the IGSC through Letter No. 3091-2024-SMV/11.1 dated July 17, 2024;
27. That, on the particular, the Issuer, as part of its defenses, states that it was an atypical case of omission by the area in charge of the follow-up and sending of information to the entities with which it maintains reporting obligations, which are calendarized. However, as this particular sending was not scheduled, the omission could have occurred. Likewise, it maintains that there was no intention to hide the information or to omit its communication to the SMV;
28. That, finally, with respect to both charges, the Issuer presents its apologies for the involuntary omission and manifests that it will strengthen its controls and follow-up mechanisms in order to avoid the repetition of similar situations, requesting that it be considered that this fact had not presented itself previously;
29. That, consequently, the conduct constitutive of the two (2) infringements subject of charges is accredited and the administrative responsibility of the Issuer is determined, for which reason, it corresponds to analyze the sanction proposal in attention to what is established by the principle of reasonableness, the defenses and the sanction criteria, which will be evaluated in the subsection of determination of the sanction;

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 amendments. The integrity of the document and the authorship
V. DETERMINATION OF THE SANCTION
30. That, with relation to Charge 1, the existence of administrative responsibility on the part of the Issuer has been determined, for the commission of one (1) infringement typified in paragraph 3.1 of numeral 3 of Annex I of the Sanctions Regulation, which states that it constitutes a minor infringement: "To present outside the established deadline, or to do so in an incomplete manner, or, without observing the technical specifications approved by the SMV or without communicating the approval by the corresponding corporate body, to the SMV, to the Stock Exchange, to the entity in charge of the centralized negotiation mechanism or to any other entity or subject of the securities market, the individual or consolidated audited financial information, the individual or consolidated intermediate financial statements, management report, special audit report, facts of importance, and annual reports."
(Underline added);
31. That, with relation to Charge 2, the existence of administrative responsibility on the part of the Issuer has been determined, for the commission of one (1) infringement typified in paragraph 3.6 of numeral 3 of Annex I of the Sanctions Regulation, which states that it constitutes a minor infringement: "To present outside the deadline, or not to present, the documentation or information, different from that indicated in the preceding numeral 3.1 to which they are obligated by the regulations or by request of the SMV or not to send it according to the technical specifications, when applicable, or to send it in an incomplete manner". (Underline added);
32. That, according to what is established in article 35 of the Sanctions Regulation, it corresponds that these infringements be sanctioned with a reprimand or a fine not less than one (1) UIT and up to the limit of twenty-five (25) UIT.

5.1 Sanction Criteria
33. That, having determined the commission of the imputed infringements, it corresponds to evaluate the sanction in accordance with article 25 of the Sanctions Regulation, concordant with numeral 3) of article 248 of the TUO OF THE LPAG, which develop the sanction graduation criteria: (i) the sanction antecedents of the issuer, (ii) recidivism, (iii) the circumstances of the commission of the infringement, (iv) the economic damage caused and its repercussion on the market, (v) the illicit benefit resulting from the commission of the infringement, (vi) the probability of detection of the infringement, (vii) the gravity of the damage to the public interest and/or protected legal good and (viii) the existence or non-existence of intent in the conduct of the infringer;
34. That, in addition to the previously cited norms, in order to determine the sanction to be imposed on the Issuer for the non-compliance referred to the late communication of facts of importance, the Gradual Sanction Regime for late presentation of financial information, annual report and facts of importance (hereinafter, Gradual Sanction Regime), approved by SMV Resolution No. 007-2023-SMV/01, valid at the time of the commission of the infringements, must be taken into account;
35. That, in application of the aforementioned norms, the following proceeds to be evaluated:
36. That, with relation to the gravity of the damage to the public interest and/or protected legal good, it must be indicated that the timely presentation of information by issuers of securities registered in the RPMV constitutes a fundamental obligation in the transparency of the securities market, in such a way 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 with the obligation to inform the market by the issuers affects the transparency of the market, which is considered a protected legal good;
37. That, with respect to the sanction antecedents, the Gradual Sanction Regime states that "The resulting amount from the application of the guidelines contemplated in numeral 6.2 can be increased up to five percent (5%) if it is accredited that the infringing subject has sanction antecedents", without making distinction on whether they correspond to different or the same type of infringer. Therefore, in order to determine which is the most beneficial rule, it is considered that the application of the new regulation will increase one percent (1%) for each sanction resolution that constitutes the antecedent up to a maximum of five percent (5%). On this particular, from the verification carried out in the SMV Sanctions System, it has been determined that the Issuer has sanction antecedents, as detailed in the Report;
38. That, with respect to recidivism for the commission of the same infringement, the Gradual Sanction Regime states that: "The resulting amount from the application of the guidelines contemplated in numeral 6.2 can be increased (...) up to ten percent (10%) if it is verified that the infringing subject is a recidivist"; in that sense, it is considered that it will increase by five percent (5%) when the Issuer has one (1) sanction resolution that grants recidivism or ten percent (10%) when it has two (2) or more sanction resolutions that grant recidivism. Regarding this, it has been verified that there is recidivism on the part of the Issuer, as detailed in the Report;
39. That, as to the circumstances of the commission of the infringement, it must be pointed out that, from the verification of the information disseminated by the issuers on the Institutional Page of the SMV, the following is observed:
(i) The Issuer presented the fact of importance in an incomplete manner, by not attaching the Audited Individual Annual Financial Statements corresponding to the 2023 exercise, which had to be presented on March 13, 2024, being finally sent on March 26, 2024. A delay of fourteen (14) days in the presentation of the information is observed. (ii) Likewise, it presented late the information related to the agreements registrable in the Public Registries, which had to be sent by May 27, 2024 at the latest, but was presented only on July 19, 2024. A delay of fifty-three (53) days in the presentation of the information is observed;
40. That, with relation to the economic 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;
41. That, with respect to the illicit benefit resulting from

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 amendments. The integrity of the document and the authorship the commission of the infringement, it must be pointed out that there are not sufficient elements to indicate that the Issuer as a consequence of the infringements committed has obtained or generated an illicit benefit;
42. That, with relation to the probability of detection of the infringement, it must be pointed out that non-compliances such as those that are the material of the present PAS are verified through internal control systems, so it is considered that for this type of non-compliance, the probability of detection is high;
43. That, with respect to the existence or non-existence of intent in the conduct of the infringer, it can be pointed out that there are not sufficient elements to indicate that the Issuer acted with intent in the commission of the infringements, 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 affirmed that the conduct of the Issuer was negligent, by not acting with the diligence required before obligations already known by the Issuer;
44. That, in attention to what is exposed previously, with relation to Charge 1, from the evaluation of the Report and of the Sanction Criteria by this Adjunct Superintendency, it corresponds to impose on the Issuer as a sanction a fine of 3.53 4 UIT equivalent to S/ S/ 18,184.65 (Eighteen Thousand One Hundred Eighty-Four and 65/100 Soles);
45. That, with respect to Charge 2, from the evaluation of the Report and of the Sanction Criteria by this Adjunct Superintendency, it corresponds to impose as a sanction one (1) reprimand, and;
Being in accordance with what is established in numerals 13, 14 and 36 of
article 43 of the Regulation of Organization and Functions of the SMV, approved by
Supreme Decree No. 216-2011-EF;

RESOLVES:
Article 1º.- Declare that AGRO INDUSTRIAL
PARAMONGA S.A., has incurred one (1) minor infringement typified in numeral 3, paragraph 3.1 of Annex I of the Sanctions Regulation, approved by SMV Resolution No. 035-2018-SMV/01, for the incomplete presentation of fact of importance.
Article 2º.- Sanction AGRO INDUSTRIAL
PARAMONGA S.A., with a fine of 3.53 UIT equivalent to S/ S/ 18,184.65 (Eighteen Thousand One Hundred Eighty-Four and 65/100 Soles) for what is provided in article 1° of this Resolution.
Article 3º.- Declare that AGRO INDUSTRIAL PARAMONGA S.A., has incurred one (1) minor infringement typified
in numeral 3, paragraph 3.6 of Annex I of the Sanctions Regulation, approved by SMV Resolution No. 035-2018-SMV/01, for the late presentation of information related to agreements registrable in the Public Registries.

4 The Supreme Decree No. 309-2023-EF established the value of the UIT for the year 2024 at S/ 5,150.00 (Five Thousand One Hundred Fifty and 00/100 Soles).

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 amendments. The integrity of the document and the authorship
Article 4º.- Sanction AGRO INDUSTRIAL
PARAMONGA S.A., with one (1) reprimand for what is provided in article 3° of this Resolution
Article 5º.- This Resolution does not exhaust the administrative
way, this being able to be challenged before this Adjunct Superintendency of Market Conduct Supervision by filing the reconsideration or appeal resource, administrative resource recognized in article 218 of the Unified Text of the Law No. 27444, Law of the General Administrative Procedure, approved by Supreme Decree No. 004-2019-JUS, within the deadline of fifteen (15) business days counted from the day following its notification, for being a procedure of single and double administrative instance. In case the present Resolution is not challenged, the regime of reduction of the corresponding sanction may be accepted.
Article 6º.- In case the present Resolution is not
subject to challenge, it must be published in the "Institutional Page of the SMV on the Unique Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe/smv)", in observance of what is established by numeral 1 of
article 7 of the "Policy on diffusion 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 established in the last paragraph of article 14 of the Sanctions Regulation, approved by SMV Resolution No. 035-2018-SMV/01.
Article 7º.- Transcribe this Resolution to
AGRO INDUSTRIAL PARAMONGA S.A.
Register, communicate and publish.
Carlos Rivero Zevallos
Adjunct Superintendent
Adjunct Superintendency of Market Conduct Supervision

Lineage

Similar documents from other regulators