Rule · SMV · 13 May 2025
Issuers of the General Regime and Alternative Securities Market must disseminate risk classification reports of their securities as material facts, including any changes or updates, attaching the respective report copy. This dissemination must occur promptly, no later than the day the report is sent to the issuer by the contracted risk rating agency. The obligation applies to debt programs registered in the RPMV, where agencies must publish and send reports to the issuer and SMV on the same date of issuance.
PERU Ministry of Economy and Finance
SMV
Securities Market Superintendence
"Decade of Equal 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 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, May 12, 2025
CIRCULAR No. 262-2025-SMV/11.1
Gentlemen
Issuers of the General Regime
Issuers of the Alternative Securities Market
Present:-
Ref.: File No. 2025021370
I address you regarding the obligation of issuers with securities registered in the Public Registry of the Securities Market – RPMV, under the supervision of the Securities Market Superintendence – SMV, to inform and disseminate their material facts truthfully, sufficiently, and promptly, as provided for in Article 30 of the Single Text of the Law of the Securities Market, Legislative Decree No. 861, approved by Supreme Decree No. 020-2023-EF.
In this regard, within the framework of Article 7 of the Regulation on Material Facts and Confidential Information, approved by SMV Resolution No. 005-2014-SMV/11.1 and its amendments (hereinafter, Material Facts Regulation), and considering also the provisions of the last paragraph of Article 5 of said regulation, it is necessary to remind your represented entity of the obligation to disseminate, as a material fact, the risk classification reports of its securities, as well as any changes, updates, or challenges to them, attaching a copy of the respective classification report 1; thereby complying with what is stated in provision number 22 of the section "Securities Offerings," which appears in Annex 1 of the Material Facts Regulation.
This obligation is in accordance with what is established in Article 32, numeral 32.3 2 of the Regulation on Risk Rating Agencies, approved by SMV Resolution No. 032-2015-SMV-01 and its modifying norms, which states that risk rating agencies contracted by your represented entity for the risk rating of debt programs registered in the RPMV are obligated to publish such reports on their respective websites, as well as send them to the issuer and the SMV, on the same date they are issued.
Therefore, you are required to implement, execute, and, if necessary, document the actions taken to correctly comply with the aforementioned obligation that falls upon your represented entity, disseminating such reports promptly as a material fact once they are sent to you by the contracted risk rating agencies, and not in any case later than the day on which it was sent to your represented entity, in accordance with what is established in Article 9 of the Material Facts Regulation.
Finally, it should be indicated that this circular does not require a response from your represented entity; as well as that this document has a preventive and referential character, and therefore does not exempt your represented entity from its responsibility to know and observe the securities market regulations and to fully comply with the obligations derived from the observance thereof.
Without further particulars, I remain at your disposal.
Sincerely,
Alix Godos
General Superintendent
General Superintendent of Conduct Supervision
1 Annex 1 of the Material Facts Regulation
Securities Offerings
(...)
22. Risk classification reports of the Issuer's securities, as well as their changes, updates, or challenges, attaching a copy of the respective classification report.
(...)
2 Article 32.- Of the classification granted
(...)
32.3. On the same date of issuance of the classification report, the Rating Agency will proceed to publish it in the list of classifications referred to in numeral 33.2 of Article 33 of the Regulation, to send it to the Issuer and to the SMV.
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“approved by SMV Resolution No. 005-2014-SMV/11.1 and its amendments (hereinafter, Material Facts Regulation)”
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