Rule · SMV · 24 Jul 2024
Bondholder Representatives must submit the report on compliance with issuance or sale conditions by 08 August 2024, fully executing and documenting due diligence to avoid administrative measures. Under Article 24, the report must be prepared per the General Management of CONASEV, counted from the start of placement and while the security is registered, within five days of the issuer's 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.
Miraflores, 22 July 2024
Gentlemen
Bondholder Representatives
Present.-
Ref.: File No. 2024031221
I address you in relation to the obligation you hold in your capacity as Bondholder Representatives, 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 amending norms.
In this regard, within the framework of the preventive administrative activities 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 August 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 indicated opportunity and/or deadline.
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 of Securities by Primary Public Offering», subsection 3.8 «Submission of Reports of Bondholder Representatives», set forth in the Technical Specifications of the Registry and Supervision Information System – SIRYS, approved by Superintendent Resolution No. 003-2022-SMV/02.
Additionally, it should be noted that this circular is preventive and referential in nature, and therefore does not exempt your represented party from its
[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 the General Management of CONASEV provides, 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 di gitally signed within the framework of Law No. 27269, Law of Di gital Signatures and Certificates, its Regulation and amendments.
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responsibility to know and observe the securities market regulations and 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 of 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 further particular, I remain yours.
Sincerely,
Signed by: GODOS GARCIA Alix Fernando Reason:
Alix Godos
General Superintendent
General Superintendency of Conduct Supervision
Electronic document di gitally signed within the framework of Law No. 27269, Law of Di gital Signatures and Certificates, its Regulation and amendments.
The integrity of the document and the authorship of the( s) si gnature( s) can be verified at https://apps. fi rmaperu.gob.pe/web/validador.xhtml
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“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”
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