Rule · SMV · 16 Apr 2025
Bondholder Representatives must execute and document due diligence by May 9, 2025, to avoid administrative measures. They must report on issuance or sale conditions within five days of presenting interim financial statements to CONASEV, a requirement exempted for short-term instruments of qualified entities. These obligations apply during the placement stage and while the security is inscribed in the Registry. Representatives must also act with the diligence of an orderly merchant, safeguarding bondholder interests as mandated by Article 96 of the Single Text of the Law of the Securities Market.
PERU Ministry of Economy and Finance
SMV
Securities Market
Superintendence
"Decade of Equal Opportunities for Women and Men" "Year of the recovery and consolidation of the Peruvian economy" Av. Paseo de la Republica 3617 San Isidro Central: 610-6300 www.smv.gob.pe 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 of the signature(s) can be verified at https://apps.firmaperu.gob.pe/web/validador.xhtml San Isidro, April 16, 2025 CIRCULAR NO. 219-2025-SMV/11.1 Gentlemen Bondholder Representatives Present:- Ref.: File No. 2025015923 I address you regarding the obligation you hold in your capacity as Representatives of the Bondholders, referred to the preparation of the report regarding compliance with the conditions of the issuance or sale (hereinafter, Report), and its respective presentation to the Securities Market Superintendence – SMV, in accordance with what is provided by article 24, subsection g) 1 of the Regulation of Primary Public Offer and Sale of Securities, approved by CONASEV Resolution No. 141-98-EF/94.10 and its modifying norms. With respect to this, within the framework of the preventive administrative activities being deployed by the General Superintendence of Conduct Supervision – IGSC, it is appropriate to remind you that the deadline for compliance with the aforementioned obligation is May 9, 2025. Therefore, you are required to fully execute and document the due diligence in order to comply with the referred obligation within the established deadline, and thus avoid future risks and/or administrative measures that could derive from eventual non-compliance, having in mind the opportunity and/or indicated deadline. Likewise, you are reminded that in order to comply with the obligation of presenting the Report, you must take into account Title II "Information to be sent through data forms", section 3 "Information of Securities by Primary Public Offer", subsection 3.8 "Sending of Reports of Bondholder Representatives", contained in the Technical Specifications of the Registration and Supervision Information System – SIRYS, approved by Superintendent Resolution No. 003-2022-SMV/02.
1 "Article 24.- Information after inscription and/or registration (...) g) Report regarding compliance with the conditions of the issuance or sale, prepared in accordance with what is disposed by the General Management of CONASEV, counted from the start of the placement stage and during the time the security is inscribed in the Registry, within the five days following the presentation of the interim financial statements to CONASEV by the issuer. This requirement is exempted for offers related to short-term instruments of qualified entities; and, (...)." (Underline added)
PERU Ministry of Economy and Finance
SMV
Securities Market
Superintendence
"Decade of Equal Opportunities for Women and Men" "Year of the recovery and consolidation of the Peruvian economy" Av. Paseo de la Republica 3617 San Isidro Central: 610-6300 www.smv.gob.pe 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 of the signature(s) can be verified at https://apps.firmaperu.gob.pe/web/validador.xhtml Additionally, it should be indicated that this circular has a preventive and referential character, therefore it does not exempt your represented party from its responsibility to know and observe the securities market regulations and to fully comply with its information presentation obligations that apply to it. Finally, reminding you of your duty to act in the exercise of your functions with the diligence of an orderly merchant, caring for the interests of the bondholders as well as your own, as established in article 96 of the Single Text of the Law of the Securities Market, Legislative Decree No. 861, approved by Supreme Decree No. 020-2023-EF. Without further particulars, I remain at your disposal. Sincerely, Alix Godos General Superintendent General Superintendence of Conduct Supervision
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“contained in the Technical Specifications of the Registration and Supervision Information System – SIRYS, approved by Superintendent Resolution No. 003-2022-SMV/02.”
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