PERÚ Ministerio de Economía y Finanzas
SMV
Superintendency of the Market de Valores

“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"

Miraflores, 01 April 2024

CIRCULAR No. 101-2024-SMV/11.1

Gentlemen
Issuers of the General Regime
Present.-

Ref.: File No. 2024012526

I address you in relation to the obligations that issuers with securities registered in the Public Registry of the Securities Market – RPMV under the Superintendency of the Securities Market – SMV have, among which is the obligation to disseminate material facts truthfully, sufficiently and in a timely manner, as provided by article 27 of the Securities Market Law, Legislative Decree No. 861 and its amendments and by the Regulation of Material Facts and Reserved Information, approved by SMV Resolution No. 005-2014- SMV/11.1 and its amendments (hereinafter, HI Regulation).

In this regard, within the framework of the provisions of articles 3, 4 and 5 of the HI Regulation and considering that your represented company, at the time of presenting its individual or separate interim financial statements as of 31 December 2023, has declared that it is obliged to present information on the monthly position of its derivative financial instruments, it is necessary to remind your represented company of its obligation to disseminate as a material fact the monthly position in derivative financial instruments, according to item 18.1 Annex 1 and Annex 2 «Monthly position in derivative financial instruments» of the HI Regulation, which provides the following:

« Annex 2 Monthly position in derivative financial instruments (…) 4. The obligated issuer must submit, within ten (10) business days after the close of each month, a material fact with the following detail of its derivative instruments updated as of the report date:

1. Derivative Instrument.

2. Purpose.

3. Notional Amount.

4. Asset / Liability or Variable that the derivative hedges.

5. Currency.

Electronic document digitally signed within the framework of Law No. 27269, Law of Signatures and Digital Certificates, its Regulation 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

Electronic document digitally signed within the framework of Law No. 27269, Law of Signatures and Digital Certificates, its Regulation 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

6. Fair value of the derivative instrument at the close of the reporting month

7. Amount of total accumulated gain / loss in the year from derivative financial instruments.

8. Other relevant or explanatory information at the Issuer's discretion.

(…)»

In this sense, you are urged to, within the framework of the duty of diligence, adopt the necessary measures to comply with the aforementioned obligation, which has as its deadline 12 April 20241 .

Likewise, you are reminded that the material fact must be sent using the «Monthly position form in Derivative Financial Instruments», for which you must attach the template found in the material facts section of the MVNet System2 .

If, as of the date of receipt of this circular, your represented company has complied with the aforementioned obligation, we would appreciate you disregarding the foregoing.

Finally, it should be noted that this circular does not require a response from your represented company; as well as that said document is preventive and referential in nature, so it does not exempt your represented company from its responsibility to know and observe the securities market regulations and fully comply with its obligations to present the information applicable to it.

Without further particular, I remain yours.

Sincerely,
Alix Godos
General Intendant
General Intendancy of Conduct Supervision

[1] However, said term is subject to the provisions of art. 183 numeral 5 of the Peruvian Civil Code: «The term whose last day is non-business ends on the first following day».

[2] Use the corresponding path in MVNet: Information obligations >> Material Facts >>18.1 Monthly position in derivative financial instruments.