Deputy Superintendent Resolution No. 029-2025-SMV/11 — SMV — PE

PERU Ministry of Economy and Finance

That, article 3 of Legislative Decree No. 1683,
Legislative Decree that establishes the deadlines for the attention of administrative appeals presented in the administrative sanctioning procedures of high complexity of the Securities Market Superintendence (hereinafter, DLEG No. 1683), establishes that, within a maximum period of forty-five (45) business days, the Securities Market Superintendence - SMV must resolve the reconsideration appeals filed in the administrative sanctioning procedures of high complexity;
That, article 5 of DLEG No. 1683, provides that
the determination of the high complexity of the administrative sanctioning procedure is carried out within three (3) business days of the administrative appeal being filed, through a reasoned and unappealable resolution in the administrative venue, issued by the body responsible for resolving the same; and that, said period is part of the maximum deadline for resolving the administrative appeal;
That, through Resolution SMV No. 013-2024-
SMV/01, it was established that the administrative authority that resolves the reconsideration appeal may declare the high complexity of the administrative sanctioning procedure when it verifies that any of the following criteria are met: (i) There is a plurality of sanctioned parties; (ii) There is a plurality of administrative infractions; or, (iii) The administrative infraction is classified as serious or very serious in the current Sanctions Regulation (Underline added);
That, through the Deputy Superintendent Resolution
SMV No. 024-2025-SMV/11, it was resolved to sanction COMPAÑIA MINERA PODEROSA S.A. with a fine of 6.30 Tax Units (UIT) equivalent to S/ 31,185.00 (Thirty-One Thousand One Hundred Eighty-Five and 00/100 Soles), for having committed three (3) infractions of a minor nature classified in subsection 3.1 of section 3 of Annex I of the Sanctions Regulation, approved by Resolution SMV

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" 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 No. 035-2018-SMV/01, for the following charges: communicating late the material fact referred to the illegal blockage of roads and access routes that affected the activities of the Pataz mining unit (Charge 1); communicating late the material fact referred to the unblocking of roads and access routes that affected the activities of the Pataz mining unit (Charge 2); and, submitting late the consolidated interim financial statements as of December 31, 2022 (Charge 3);
5. That, through a letter dated April 10, 2025,
COMPAÑIA MINERA PODEROSA S.A. filed a reconsideration appeal against the resolution mentioned above;
6. That, from the review of the sanction resolution and the
reconsideration appeal presented, it is verified that there is a plurality of administrative infractions, as three (3) charges were imputed for (i) communicating late the material fact referred to the illegal blockage of roads and access routes that affected the activities of the Pataz mining unit (Charge 1); (ii) communicating late the material fact referred to the unblocking of roads and access routes that affected the activities of the Pataz mining unit (Charge 2); and, (iii) submitting late the consolidated interim financial statements as of December 31, 2022 (Charge 3);
7. That, according to the legal framework cited above,
the present administrative sanctioning procedure qualifies as high complexity, so the deadline to resolve the reconsideration appeal filed is up to forty-five (45) business days; and, Being in accordance with the provisions of articles 3 and 5 of Legislative Decree No. 1683, Legislative Decree that establishes the deadlines for the attention of administrative appeals presented in the administrative sanctioning procedures of high complexity of the Securities Market Superintendence, article 1 of Resolution SMV No. 013-2024-SMV/01 and section 22 of article 43 of the Regulations on Organization and Functions of the Securities Market Superintendence, approved by Supreme Decree No. 216-2011-EF; RESOLVES:
Article 1°.- Classify the present administrative
sanctioning procedure as high complexity, according to section 3 of article 1 of Resolution SMV No. 013-2024-SMV/01.
Article 2°.- This Resolution is not subject to appeal in the administrative
venue, according to what is established by article 5 of Legislative Decree No. 1683, Legislative Decree that establishes the deadlines for the attention of administrative appeals presented in the administrative sanctioning procedures of high complexity of the Securities Market Superintendence.

PERU Ministry of Economy and Finance

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