Rule · SMV · 8 May 2025
Issuers of the General Regime must disseminate the monthly position of financial derivative instruments as a material fact. They must send this information within ten business days following the close of each month using the "Form for monthly position in Financial Derivative Instruments" via the MVNet System. The specific deadline for this obligation is May 16, 2025. The report must include updated details such as the derivative instrument, purpose, notional amount, hedged asset or liability, currency, and fair value.
PERU Ministry of Economy and Finance
SMV
Securities Market Superintendence
"Decade of Equality of Opportunities for Women and Men" "Year of recovery and consolidation of the Peruvian economy" Av. Paseo de la Republica 3617 San Isidro Central: 610 - 6300 www.smv.gob.pe Electronically signed document within 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, May 07, 2025 CIRCULAR No. 253-2025-SMV/11.1 Gentlemen Issuers of the General Regime Present.- Ref.: File No. 2025020662 I address you regarding the obligations that issuers with securities registered in the Public Registry of the Securities Market – RPMV, under the responsibility of the Securities Market Superintendence – SMV, have, 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 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 party, at the time of presenting its individual or separate interim financial statements as of March 31, 2025, declared that it is obligated to present information on the monthly position of its financial derivative instruments, it is necessary to remind your represented party of its obligation to disseminate as a material fact the monthly position in financial derivative instruments, 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
Securities Market Superintendence
"Decade of Equality of Opportunities for Women and Men" "Year of recovery and consolidation of the Peruvian economy" Av. Paseo de la Republica 3617 San Isidro Central: 610 - 6300 www.smv.gob.pe Electronically signed document within 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
3. Notional Amount.
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 May 16, 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 the event that, as of the date of receipt of this circular, your represented party has complied with the obligation in question, we would appreciate ignoring the previously indicated instructions.
Finally, it should be noted that this circular does not require a response from your represented party; as well as that this document has a preventive and referential character, so it does not exempt your represented party from knowing and observing the securities market regulations and fully complying with its obligations to present the information applicable to it.
Sincerely,
José Luis Salazar Marín
General Superintendent (e)
General Superintendent of Conduct Supervision
2 However, this deadline is subject to what is established in Article 183, item 5 of the Peruvian Civil Code: "The deadline whose last day is non-working expires on the first following day." 3 Use the corresponding route in MVNet: Information Obligations >> Material Facts >> 18.1 Monthly position in financial derivative instruments.
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