Electronic document digitally signed within the framework of Law No. 27269, Law on 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

Miraflores, 28 June 2024

CIRCULAR Nº 223-2024-SMV/11.1

Señores
Issuers of the General Regime
Presente.-

Ref.: File No. 2024027649

I am writing to you regarding the obligations of issuers with securities registered in the Public Registry of the Securities Market – RPMV under the supervision of the Superintendency of the Securities Market – SMV, among which is the obligation to disseminate material facts in a truthful, sufficient and timely manner, as provided for in Article 27 of the Securities Market Law, Legislative Decree No. 861 and its amendments, and by the Regulation on Material Facts and Confidential Information, approved by SMV Resolution No. 005-2014-SMV/11.1 and its amendments (hereinafter, the Material Facts Regulation).

In this regard, within the framework of the provisions of articles 3, 4 and 5 of the HI Regulation, and considering that your client, at the time of submitting its individual or separate interim financial statements as of 31 March 2024, declared that it is required to submit information on the monthly position of its financial derivative instruments, it is necessary to remind your client of its obligation to disclose as a material fact the monthly position in financial derivative instruments, according to item 18.1 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 the ten (10) business days following the close of each month, a material fact with the following detail of its derivative instruments updated as of the reporting date:

1. Instrumento Derivado.

2. Finalidad.

3. Monto Nocional.

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

5. Moneda.

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

Electronic document digitally signed within the framework of Law No. 27269, Law on 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

7. Amount of total accumulated profit / loss in the year from derivative financial instruments. 8. Other relevant or explanatory information at the Issuer's discretion. (…)»

In this regard, you are urged, within the framework of the duty of diligence, to adopt the necessary measures to comply with the aforementioned obligation, which has a deadline of 12 July 20241 .

Likewise, you are reminded that the material fact must be submitted using the «Monthly position report on 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 it if you disregard the foregoing.

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

Without further ado, I remain at your service.

Atentamente,
Alix Godos
Intendente General
General Superintendence of Conduct Supervision

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

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