Rule · SMV · 21 Jan 2025
Issuers of the General Regime and specific foreign-constituted national security issuers must complete and sign the Annex SWORN DECLARATION via the MVNet System’s «Notification Electronic Mailbox => Give Response» option. This submission is mandatory within five business days of the circular’s notification. The declaration confirms whether these issuers fall under the information obligations specified in article 5, numeral 5.2, of the Registration and Exclusion Regulation.
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 in 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 San Isidro, January 20, 2025 CIRCULAR No. 038-2025-SMV/11.1 Gentlemen Issuers of the General Regime Present:- Ref.: File No. 2025002320 I address you regarding the information obligations in your capacity as issuers of national securities registered in the Public Registry of the Securities Market – RPMV, within the framework of what is provided for in the Regulation on Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange Wheel, approved by SMV Resolution No. 031-2012-SMV/01 and its modifications (hereinafter, Registration and Exclusion Regulation), as well as by the "Standards on Preparation, Presentation and Dissemination of Financial Statements, Annual Report and Management Report applicable to entities supervised by the Securities Market Superintendence", approved by SMV Resolution No. 013-2023-SMV/01 (hereinafter, EEFF Standards).
With respect to this, you are reminded that issuers of national securities included in article 2, numeral 2.18, of the Registration and Exclusion Regulation are obliged to comply with all national legislation of the securities market referred to the presentation and dissemination of information and other established requirements. Without prejudice to the foregoing, it is necessary to highlight that:
(i) issuers of national securities that fall under any of the cases indicated in article 5, numeral 5.2, of the Registration and Exclusion Regulation, must take into account the considerations established in said article regarding their information obligations; (ii) issuers of national securities regulated by the Superintendence of Banks, Insurance and AFPs must observe what is provided in article 22 of the EEFF Standards in the presentation and dissemination of their financial information; and, (iii) issuers of national securities that are in liquidation status must adhere to what is provided in the First Complementary Final Provision of the EEFF Standards, in the presentation and dissemination of their financial information.
In this context, you are required to inform whether, as of the date, in your capacity as issuers of national securities registered in the RPMV, you are or are not under the scope of any of the cases described in the previous paragraph, completing the sworn declaration contained in the annex of this circular, which must be signed by your General Manager.
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 in 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 This requirement must be attended to within a maximum period of five (05) business days, calculated from the next business day following the notification of this circular, through the following option of the MVNet System:
«Notification Electronic Mailbox => Give Response».
Without further particulars, I remain at your disposal.
Sincerely,
Alix Godos
General Intendant
General Intendancy of Conduct Supervision
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 in 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
ANNEX
SWORN DECLARATION
REGIME FOR PRESENTATION AND DISSEMINATION OF INFORMATION [Name or corporate name of the issuer], issuer of national securities registered in the Public Registry of the Securities Market – RPMV, duly represented by the General Manager, [indicate full name, name or corporate name 1 of General Manager, as applicable], identified with [indicate identity document number or RUC, as applicable], declares under oath the following [mark with an X in the corresponding option]:
( ) The issuer is not included in any of the cases described in subsections 5.2.1, 5.2.2, 5.2.3, 5.2.4 and 5.2.5 of numeral 5.2 of article 5 of the Regulation on Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange Wheel, approved by SMV Resolution No. 031-2012- SMV/01 and its modifications (Registration and Exclusion Regulation), nor under the scope of article 22 and/or First Complementary Final Provision of the "Standards on Preparation, Presentation and Dissemination of Financial Statements, Annual Report and Management Report applicable to entities supervised by the Securities Market Superintendence", approved by SMV Resolution No. 013-2023-SMV/01 (EEFF Standards). ( ) The issuer is indeed included in the case indicated below:
Case or particular situation of the issuer Mark with (X) one option Issuer of national securities included in subsection 2.18.1 of numeral 2.18 of article 2 of the Registration and Exclusion Regulation, which are branches of foreign companies whose securities are in some stock exchange or organized market abroad included in Section I of Annex 15 of the Registration and Exclusion Regulation. (Article 5, numeral 5.2, subsection 5.2.1, of the Registration and Exclusion Regulation). Issuer of national securities included in subsection 2.18.2 of numeral 2.18 of article 2 of the Registration and Exclusion Regulation, which are multilateral organizations or equivalents. (Article 5, numeral 5.2, subsection 5.2.2, of the Registration and Exclusion Regulation). Issuer of national securities, referred to in subsection 2.18.3 of numeral 2.18 of article 2 of the Registration and Exclusion Regulation, constituted abroad, whose securities are registered prior or simultaneously in some stock exchange or organized market abroad included in Section I of Annex 15 of the Registration and Exclusion Regulation, and whose main
1 In the event that the General Management falls on a legal entity, additionally indicate the full name and identity document of the legal representative of the company.
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 in 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 income and/or own assets from its final productive activity are generated or are located outside the country. (Article 5, numeral 5.2., subsection 5.2.3, of the Registration and Exclusion Regulation). Issuer of national securities registered in the RPMV and the Registry of Securities of the Lima Stock Exchange, whose securities have been registered simultaneously or subsequently in some stock exchange or organized market abroad included in Section I of Annex 15 of the Registration and Exclusion Regulation, including ADSs, ADRs or other similar instruments, issued on said securities, different from those referred to in the preceding case. (Article 5, numeral 5.2., subsection 5.2.4, of the Registration and Exclusion Regulation). Issuer of national securities registered in the RPMV and the Registry of Securities of the Lima Stock Exchange, that does not have securities that are traded in any stock exchange or organized market abroad, but whose parent company reports financial information to a stock exchange or organized market abroad of Annex 15 of the Registration and Exclusion Regulation. (Article 5, numeral 5.2, subsection 5.2.5, of the Registration and Exclusion Regulation). Issuer of national securities registered in the RPMV in liquidation status. (First Complementary Final Provision of the EEFF Standards) Issuer of national securities registered in the RPMV regulated by the Superintendence of Banks, Insurance and AFPs. (Article 22 of the EEFF Standards). General Manager 2
2
Indicate full name and surname; as well as the identity document number of the natural person who signs the declaration.
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