Rule · SMV · 6 Nov 2024
Issuers of the General Regime that declared they must report their monthly derivative position must disseminate as a material fact their monthly position in financial derivative instruments, using the "Monthly Position Form for Financial Derivative Instruments" template in the MVNet System, within ten (10) business days following each month's close, with a deadline of 19 November 2024; those already compliant may disregard the reminder.
PERU Ministry of Economy and Finance
SMV
Superintendency of the Securities
Market
“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, 05 November 2024
Messrs.
Issuers of the General Regime
Present.-
Ref.: File No. 2024046089
I am writing to you regarding the obligations that issuers of securities registered in the Public Registry of the Securities Market – RPMV under the Superintendency of the Securities Market – SMV have, among which is the obligation to disseminate material facts in a truthful, sufficient and timely manner, as provided 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 Articles 3, 4, and 5 of the Material Facts Regulation, and considering that your company, at the time of submitting its individual or separate interim financial statements as of 30 September 2024, declared that it is obligated to submit information on the monthly position of its financial derivative instruments, it is necessary to remind your company 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 Material Facts Regulation, which provides the following:
« 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. Derivative Instrument.
2. Purpose.
3. Notional Amount.
4. Asset / Liability or Variable that the derivative hedges.
[1] «Monthly position in financial derivative instruments. In accordance with what is stated in Annex 2».
Electronic document di gitally signed under Law No. 27269, Law of Si gnatures and Digital Certificates, its Regulations and amendments. The integrity of the document and the authorship of the si gnature(s) can be verified at https://apps. fi rmaperu.gob.pe/web/validador.xhtml
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 from financial derivative instruments.
8. Other relevant or explanatory information at the Issuer's discretion.
(…)»
In this sense, you are urged to adopt, within the framework of the duty of care, the necessary measures to comply with the aforementioned obligation, which has a deadline of 19 November 20242.
Likewise, you are reminded that the material fact must be sent using the “Monthly Position Form for Financial Derivative Instruments”, for which you must attach the template found in the material facts section of the MVNet3 System.
In the event that, as of the date of receipt of this circular, your company has complied with the aforementioned obligation, we would appreciate you disregarding the above.
Finally, it should be noted that this circular does not require a response from your company; as well as that said document is of a preventive and referential nature, so it does not exempt your 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.
Nothing further, I remain at your disposal.
Sincerely,
Alix Godos
General Superintendent
General Superintendent's Office of Conduct Supervision Reason:
Signed by: GODOS GARCIA Alix Fernando
2 Notwithstanding, said term is subject to the provisions of art. 183 item 5 of the Peruvian Civil Code: “A term whose last day is a non-business day expires on the following day”.
3 Use the corresponding path in MVNet: Information Obligations>>Material Facts>>18.1 Monthly position in financial derivative instruments.
[2] Electronic document di
[3] gitally signed under Law No. 27269,
Law of Si gnatures and Digital Certificates, its Regulations and amendments. rmas y Certificados Digitales, its Regulation and amendments. The integrity of the document and the authorship of the ( s) sig na( s) can be verified at https://apps. sig naperu.gob.pe/web/validador.xhtml
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“as provided in Article 27 of the Securities Market Law, Legislative Decree No. 861 and its amendments”
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Source: Superintendencia del Mercado de Valores (Peru) — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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