Rule · SMV · 6 Mar 2025
Issuers under the General Regime must disseminate the monthly position of financial derivative instruments as a material fact using the Form for monthly position in Financial Derivative Instruments via the MVNet System. This obligation applies to entities that declared such a duty in their interim financial statements as of December 31, 2024. The report, detailing notional amounts, fair values, and hedged assets, must be submitted within ten business days following the close of each month. A specific deadline of March 14, 2025, is noted for compliance.
PERU Ministry of Economy and Finance
SMV
Superintendency of the Securities Market
"Decade of Equal Opportunities for Women and Men" "Year of recovery and consolidation of the Peruvian economy" Av. Paseo de la República 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 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, March 5, 2025 CIRCULAR NO. 129-2025-SMV/11.1 Gentlemen Issuers under the General Regime Present:- Ref.: File No. 2025008523 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 Superintendency of the Securities Market – SMV, have, among which is the obligation to disseminate material facts truthfully, sufficiently, and timely, as provided for in Article 276 of the Securities Market Law, Legislative Decree No. 861 and its amendments, and by the Regulation on Material Facts and Reserved Information, approved by SMV Resolution No. 005-2014-SMV/11.1 and its amendments (hereinafter, HI Regulation).
Regarding this matter, within the framework of what is provided for in Articles 3, 4, and 5 of the HI Regulation and considering that your represented entity, upon submission of its individual or separate interim financial statements as of December 31, 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 fact, according to item 18.1 of Annex 1 and Annex 2 "Monthly position in financial derivative instruments" of the HI Regulation, which provides the following:
« Annex 2
Monthly position in financial derivative instruments (...)
4. The obligated issuer must send, within ten (10) business days following the close of each month, a material fact with the following updated details of its derivative instruments as of the reporting date:
1 "Monthly position in financial derivative instruments. In accordance with what is stated in Annex 2".
PERU Ministry of Economy and Finance
SMV
Superintendency of the Securities Market
"Decade of Equal Opportunities for Women and Men" "Year of recovery and consolidation of the Peruvian economy" Av. Paseo de la República 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 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
4. Asset / Liability or Variable that the derivative hedges.
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 March 14, 2025 2.
Likewise, you are reminded that the material fact must be sent using the "Form for monthly position in Financial Derivative Instruments", for which you must attach the template found in the material facts section of the MVNet System 3.
In case that, as of the date of receipt of this circular, your represented entity has complied with the obligation in question, we would appreciate it if you would disregard 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 knowing and observing the securities market regulations and complying fully with its obligations to present the information applicable to it.
Sincerely,
Alix Godos
General Superintendent
General Superintendent of Conduct Supervision
2 Notwithstanding, said deadline is subject to what is established in Article 183, item 5 of the Peruvian Civil Code: "The deadline whose last day is a non-business day expires on the first following business day." 3 Use the corresponding route in MVNet: Information Obligations >> Material Facts >> 18.1 Monthly position in financial derivative instruments.
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