PERÚ Ministerio de Economía y Finanzas
SMV
Superintendency of the Market de Valores
"Decade of Equal Opportunities for Women and Men" "Year of unity, peace and development"

General Intendancy Resolution SMV No. 038-2023-SMV/11.1

Lima, 15 de mayo de 2023

The General Intendant of Conduct Supervision

Vistos:

File No. 2023016871, as well as Internal Report No. 559-2023-SMV/11.1 dated 04 April 2023 from the General Intendancy of Conduct Supervision of the Assistant Superintendency of Market Conduct Supervision of the Superintendency of the Market;

Considerando:

That, by CONASEV Resolution No. 495-97- EF/94.10 of 25 June 1997, at the request of Latino Leasing S.A. (later, Latino Leasing S.A. – In Liquidation), the securities called «Latino Bonos, Legislative Decree No. 299, Latino Leasing S.A. – Sixth Issue» were registered, up to a maximum amount of US$ 10’000,000.00 (Ten Million and 00/100 United States Dollars); that by General Management Resolution No. 133-98-EF/94.11 of 25 May 1998 the securities called «Latino Bonos, Legislative Decree No. 299, Latino Leasing S.A. – Seventh Issue» were registered, up to a maximum amount of US$ 30’000,000.00 (Thirty Million and 00/100 United States Dollars), in the Public Registry of the Securities Market;

That, by SBS Resolution No. 671-2002 of 17 July 2002, the Superintendency of Banking, Insurance and Private Pension Fund Administrators resolved to declare the dissolution of Latino Leasing S.A. and the beginning of the liquidation process;

That, as a consequence of the Invitation Competition carried out by the Superintendency of Banking, Insurance and Private Pension Fund Administrators, by Notarial Record of 15 October 2010, Banco Nuevo Mundo En Liquidación obtained the award to take charge of the remaining assets inside and outside the estate of Latino Leasing;

That, on 19 November 2010, the Contract of Assignment of Rights and Shares with Obligation to Do, dated 04 November 2010, executed between Latino Leasing S.A. – En Liquidación and Banco Nuevo Mundo En Liquidación, was elevated to public deed, by which Latino Leasing S.A. – En Liquidación transferred and conveyed to Banco Nuevo Mundo En Liquidación its ownership in relation to the rights it held over liquid funds, financial leasing contracts, real estate and assets, so that Banco Nuevo Mundo En Liquidación carries out the collection of credits and the sale of movable and

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The integrity of the document and la autoría de la( s) fi rma( s) can be verified at https://apps. fi rmaperu.gob.pe/web/validador.xhtml

properties, and with the income obtained, pay the liabilities of Latino Leasing S.A. – In Liquidation to the extent possible;

That, by means of SBS Resolution No. 10777-2011 of 18 October 2011, published in the Official Gazette El Peruano on 27 October 2011, the Superintendency of Banking, Insurance and Private Pension Fund Administrators resolved to conclude the liquidation process of Latino Leasing S.A. – In Liquidation, and to declare the extinction of its legal personality;

That, on 04 November 2011, the resolution adopted by SBS Resolution No. 10777-2021 was registered in Entry D00035 of Part No. 01979213 of the Registry of Legal Persons of the Lima Registry Office administered by Sunarp, resulting in the extinction of the legal personality of Latino Leasing S.A. – In Liquidation;

That, by means of SBS Resolution No. 01471-2021 of 17 May 2021, published in the Official Gazette El Peruano on 21 May 2021, the SBS resolved to conclude the liquidation process of Banco Nuevo Mundo En Liquidación, the extinction of the legal personality of the aforementioned legal person, and ordered that the corresponding notices be sent to the Public Registries for their respective registration;

That, on 15 June 2021, the resolution adopted by SBS Resolution No. 01471-2021 was registered in Entry D00090 of Part No. 02006790 of the Registry of Legal Persons of the Lima Registry Office administered by Sunarp, resulting in the extinction of the legal personality of Banco Nuevo Mundo en Liquidación;

That, consequently, since both Banco Nuevo Mundo en Liquidación and Latino Leasing S.A. – In Liquidation are extinct, they have ceased to be centers of imputation of rights and obligations, so it is not reasonable that the securities denominated «Latino Bonos, Decreto Legislativo N° 299, Latino Leasing S.A. – Sexta Emisión» and «Latino Bonos, Decreto Legislativo N° 299, Latino Leasing S.A. – Sétima Emisión» continue to be registered in the Public Registry of the Securities Market administered by the Superintendency of the Securities Market – SMV, and even less that they be required to comply with post-extinction obligations;

That, Article 39, subsection c), of the Single Ordered Text of the Securities Market Law, Legislative Decree No. 861, approved by Supreme Decree No. 020-2023-EF, and Article 23 of the Regulation for the Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange, approved by SMV Resolution No. 031-2012-SMV/01 and its amending norms, establish that the exclusion of a security from the Public Registry of the Securities Market takes place by reasoned resolution of the SMV, when the dissolution of the issuer occurs once the liquidation process has concluded;

That, with respect to the obligation to carry out a public tender offer for delisting (OPC), when a security is delisted from the Public Registry of the Securities Market, established in article 41 of the Single Ordered Text of the Securities Market Law and article 32 of the Regulation on Public Tender Offers for Acquisition and Purchase of Securities by Delisting, approved by CONASEV Resolution No. 009-2006-EF/94.10 and its amendatory rules; it must be noted that the delisting of the securities called «Latino Bonos, Decreto Legislativo N° 299, Latino Leasing S.A. – Sexta Emisión» and «Latino Bonos, Decreto Legislativo N° 299, Latino Leasing S.A. – Sétima Emisión» falls within the exception ground for not carrying out an OPC, in accordance with the provisions of article 23 of the Regulation on Registration and Delisting of Securities in the Public Registry of the Securities Market and on the Stock Exchange and in article 37, subsection d), of the Regulation on Public Tender Offers for Acquisition and Purchase of Securities by Delisting;

That, article 7, numeral 6, of the Policy on dissemination of regulatory projects, general legal rules, early agenda and other administrative acts of the SMV, approved by SMV Resolution No. 014-2014-SMV/01 and its amendatory rules, establishes that the decisions contained in administrative resolutions that resolve the delisting of securities from the Public Registry of the Securities Market must be disseminated through the SMV Institutional Page on the Single Digital Platform of the Peruvian State for Citizen Guidance (www.gob.pe/smv); and,

In accordance with the provisions of article 39, subsection c), of the Single Ordered Text of the Securities Market Law; article 23 of the Regulation on Registration and Delisting of Securities in the Public Registry of the Securities Market and on the Stock Exchange; as well as article 46, numeral 6, of the Regulation on Organization and Functions of the Superintendency of the Securities Market, approved by Supreme Decree No. 216-2011-EF and its amendments, which empowers the General Intendancy of Conduct Supervision to order the delisting of securities from the Public Registry of the Securities Market.

Resolves:

Article 1.- To order the ex officio delisting of the securities called «Latino Bonos, Decreto Legislativo N° 299, Latino Leasing S.A. – Sexta Emisión» and «Latino Bonos, Decreto Legislativo N° 299, Latino Leasing S.A. – Sétima Emisión» from the Public Registry of the Securities Market.

Article 2.- To rule in favor of the delisting of the securities indicated in the preceding article of this resolution from the Securities Registry of the Lima Stock Exchange.

Article 3.- To disseminate this resolution on the SMV Institutional Page on the Single Digital Platform of the Peruvian State for Citizen Guidance (www.gob.pe/smv).

Article 4.- To transcribe this resolution to the Lima Stock Exchange S.A., to CAVALI S.A. I.C.L.V. and to the Superintendency of Banking, Insurance and Private Administrators of Pension Funds – SBS.

Register, communicate and disseminate.

Alix Godos
General Intendant
General Intendancy of Conduct Supervision

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