Rule · SMV · 2 May 2024
Representatives of Bondholders must submit the report on compliance with issuance or sale conditions by 08 May 2024, fully executing and documenting due diligence to avoid administrative measures. The report, required under Article 24(g), must be prepared per CONASEV's General Management rules, counted from the start of placement and while the security is registered, within five days following the issuer's submission of interim financial statements to CONASEV; short-term instruments of qualified entities are excepted. They must act with the diligence of an orderly merchant under article 96 of the Single Ordered Text of the Securities Market Law, Legislative Decree No. 861.
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, 30 April 2024
Gentlemen
Representatives of Bondholders
Present.-
Ref.: File No. 2024018145
I address you in relation to the obligation you have in your capacity as Representatives of the Bondholders, referring to the preparation of the report regarding compliance with the conditions of the issuance or sale (hereinafter, Report), and its respective submission to the Superintendency of the Securities Market – SMV, in accordance with the provisions of article 24, subsection g)1 of the Regulation of Primary Public Offering and Sale of Securities, approved by CONASEV Resolution No. 141-98- EF/94.10 and its amendatory norms.
In this regard, within the framework of the administrative activities of a preventive nature being carried out by the General Superintendency of Conduct Supervision – IGSC, it is appropriate to remind you that the deadline for compliance with the aforementioned obligation is 08 May 2024.
Therefore, you are required to fully execute and document due diligence in order to comply with the aforementioned obligation within the established deadline, and thus avoid future risks and/or administrative measures that could arise from its eventual non-compliance, keeping in mind the opportunity and/or deadline indicated.
Likewise, you are reminded that in order to comply with the obligation to submit the Report, you must take into account Title II «Information to be sent through data forms», numeral 3 «Information on Securities by Primary Public Offering», subsection 3.8 «Submission of Reports of Bondholders' Representatives», set forth in the Technical Specifications of the Registry and Supervision Information System – SIRYS, approved by Superintendent Resolution No. 003- 2022-SMV/02.
[1] «Article 24.- Information subsequent to registration and/or record (…) g) Report regarding compliance with the conditions of the issuance or sale, prepared in accordance with what is provided by the General Management of CONASEV, counted from the beginning of the placement stage and during the time in which the security is registered in the Registry, within five days following the submission of the interim financial statements to CONASEV by the issuer. Offers relating to short-term instruments of qualified entities are excepted from this requirement; and, (…).» (Underline added)
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
Additionally, it should be noted that this circular is of a preventive and referential nature, and therefore does not exempt your represented entity from its responsibility to know and observe the securities market regulations and to fully comply with its information submission obligations applicable to it.
Finally, to remind you of your duty to act in the exercise of your functions with the diligence of an orderly merchant, taking care of the interests of the bondholders as well as your own, as established in article 96 of the Single Ordered Text of the Securities Market Law, Legislative Decree No. 861, approved by Supreme Decree No. 020-2023-EF.
Without any other particular, I remain yours.
Sincerely,
Alix Godos
General Superintendent
General Superintendency of Conduct Supervision
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
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