Rule · SMV · 3 Jan 2025
Issuers of the General Regime must submit a material event using the "Form for monthly position in Financial Derivative Instruments" via the MVNet system, detailing derivative instruments as of the reporting date. This submission is required within ten business days following the close of each month. The circular also sets a specific compliance deadline of January 15, 2025, for entities obligated to report monthly positions based on their September 30, 2024, financial statements. Entities that have already complied with these requirements are instructed to disregard the circular's instructions.
PERU Ministry of Economy and Finance
SMV
Superintendence of the Securities Market
"Decade of Equal Opportunities for Women and Men" "Year of recovery and consolidation of the Peruvian economy" Paseo de la Republica Ave.
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, January 3, 2025 CIRCULAR NO. 007-2025-SMV/11.1 Gentlemen Issuers of the General Regime Present.- Ref.: File No. 2025000105 I address you regarding the obligations that issuers with securities registered in the Public Registry of the Securities Market – RPMV, under the supervision of the Superintendence of the Securities Market – SMV, have, among which is the obligation to disseminate material events truthfully, sufficiently, and timely, as provided for in Article 27 of the Securities Market Law, Legislative Decree No. 861 and its amendments, and by the Regulation on Material Events and Confidential Information, approved by SMV Resolution No. 005-2014-SMV/11.1 and its amendments (hereinafter, HI Regulation).
Regarding this, within the framework of what is provided for in Articles 3, 4, and 5 of the HI Regulation and considering that your represented entity, at the time of presenting its individual or separate interim financial statements as of September 30, 2024, declared that it is obligated to present information on the monthly position of its financial derivative instruments, it is necessary to remind your represented entity of its obligation to disseminate the monthly position in financial derivative instruments as a material event, according to item 18.11 of Annex 1 and Annex 2 "Monthly position in financial derivative instruments" of the HI Regulation, which provides as follows:
« Annex 2
Monthly position in financial derivative instruments (...)
4. The obligated issuer must submit, within ten (10) business days following the close of each month, a material event with the following updated details of its derivative instruments as of the reporting date:
PERU Ministry of Economy and Finance
SMV
Superintendence of the Securities Market
"Decade of Equal Opportunities for Women and Men" "Year of recovery and consolidation of the Peruvian economy" Paseo de la Republica Ave.
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
5. Currency.
6. Fair value of the derivative instrument at the close of the reporting month.
7. Total accumulated gain / loss amount for the year by financial derivative instruments.
8. Other relevant or explanatory information at the Issuer's discretion.
(...)»
In this sense, you are exhorted to, within the framework of the duty of diligence, adopt the necessary measures to comply with the aforementioned obligation, which has a deadline of January 15, 2025^2.
Likewise, you are reminded that the material event must be sent using the "Form for monthly position in Financial Derivative Instruments", for which you must attach the template found in the material events section of the MVNet system^3.
In case that, by the date of receipt of this circular, your represented entity has complied with the obligation in question, we would appreciate ignoring the previously indicated instructions.
Finally, it should be noted that this circular does not require a response from your represented entity; as well as that this document has a preventive and referential character, so it does not exempt your represented entity from its responsibility to know and observe the securities market regulations and to fully comply with its obligations to present the information applicable to it.
Sincerely,
Alix Godos
General Superintendent
General Superintendence of Conduct Supervision
2 However, this deadline is subject to what is established in Article 183, item 5 of the Peruvian Civil Code: "The deadline whose last day is non-working expires on the first following day." 3 Use the corresponding route in MVNet: Information Obligations >> Material Events >> 18.1 Monthly position in financial derivative instruments.
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“as provided for in Article 27 of the Securities Market Law, Legislative Decree No. 861 and its amendments”
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