Individual decision · SMV · 15 Dec 2021
The SMV ordered the delisting of the "First Subordinated Bond Program of Banco Internacional del Perú S.A.A. – Interbank – Third Issue" from the Public Registry of the Securities Market and the Lima Stock Exchange, following full settlement of its obligations. It also ordered the ex officio delisting of the First and Fourth Issues from the Public Registry because they were not placed and their placement period expired. No public purchase offer by exclusion is required, as the exclusions fall within exception grounds.
“Decade of Equal Opportunities for Women and Men” “Year of the Bicentennial of Peru: 200 years of independence” “Perú suyunchikpa Iskay Pachak Watan: iskay pachak watañam qispisqanmanta karun”
Lima, 15 December 2021
The General Superintendent of Conduct Supervision
File No. 2021043714, as well as Internal Report No. 1540-2021-SMV/11.1 of 15 December 2021, from the General Intendancy of Conduct Supervision of the Deputy Superintendency of Market Conduct Supervision;
That, by means of a document submitted on 16 November 2021, Banco Internacional del Perú S.A.A. – Interbank requested from the Superintendency of the Securities Market – SMV, through the Single Window system, the delisting of the securities designated “First Subordinated Bond Program of Banco Internacional del Perú S.A.A. – Interbank – Third Issue”, which were placed within the framework of the “First Subordinated Bond Program of Banco Internacional del Perú S.A.A. – Interbank”, from the Public Registry of the Securities Market and the Securities Registry of the Lima Stock Exchange, due to the full settlement of the obligations arising therefrom;
That, it has been verified that by means of Issuers Board Resolution No. 107-2008-EF/94.06.3 of 11 July 2008, within the framework of an advance procedure, the issuance program designated “First Subordinated Bond Program of Banco Internacional del Perú S.A.A. – Interbank” was registered, for an amount of up to US$ 200’000,000.00 (Two Hundred Million and 00/100 United States Dollars) or its equivalent in Soles, and the corresponding Master Prospectus was registered in the Public Registry of the Securities Market;
That, on 01 September 2008, within the framework of the aforementioned program, the securities designated “First Subordinated Bond Program of Banco Internacional del Perú S.A.A. – Interbank – Third Issue” were registered, for an amount of up to S/ 150’000,000.00 (One Hundred Fifty Million and 00/100 Soles), and the corresponding Master Prospectus Supplement was registered in the Public Registry of the Securities Market and, subsequently, in the Securities Registry of the Lima Stock Exchange;
That, from the evaluation of the documentation submitted by Banco Internacional del Perú S.A.A. – Interbank, the full settlement of the obligations arising from the securities “First Subordinated Bond Program of Banco Internacional del Perú S.A.A. – Interbank – Third Issue” has been verified;
“Decade of Equal Opportunities for Women and Men” “Year of the Bicentennial of Peru: 200 years of independence” “Perú suyunchikpa Iskay Pachak Watan: iskay pachak watañam qispisqanmanta karun”
That, Banco Internacional del Perú S.A.A. – Interbank has submitted the information and documentation required by the Securities Market Law, Legislative Decree No. 861 and its amending regulations, as well as by the Regulation on Registration and Delisting of Securities in the Public Registry of the Securities Market and on the Trading Floor, approved by SMV Resolution No. 031-2012-SMV/01 and its amending regulations, for the purpose of delisting the securities designated “First Subordinated Bond Program of Banco Internacional del Perú S.A.A. – Interbank – Third Issue”;
That, on the other hand, from the information contained in the Public Registry of the Securities Market, it has been noted that the securities designated “First Subordinated Bond Program of Banco Internacional del Perú S.A.A. – Interbank – First Issue” and “First Subordinated Bond Program of Banco Internacional del Perú S.A.A. – Interbank – Fourth Issue”, registered on 08 August 2008 and 06 October 2008, respectively, under an automatic approval procedure, were not placed within the framework of the “First Subordinated Bond Program of Banco Internacional del Perú S.A.A. – Interbank” and that the placement period for the same has expired; resulting in the cessation of public interest and requiring that the General Intendancy of Conduct Supervision rule ex officio on the delisting of said securities, in accordance with the provisions of Article 25, last paragraph, of the Regulation on Public Primary Offering and Sale of Securities, approved by CONASEV Resolution No. 141-1998-EF/94.10 and its amending regulations, and Article 23, third-to-last paragraph, of the Regulation on Registration and Delisting of Securities in the Public Registry of the Securities Market and on the Trading Floor;
That, Article 37, paragraphs b) and d), of the Securities Market Law, as well as Articles 20 and 23 of the Regulation on Registration and Delisting of Securities in the Public Registry of the Securities Market and on the Trading Floor, establish that the delisting of a security from the Public Registry of the Securities Market takes place by a reasoned resolution of the SMV, when the rights over the security are extinguished, by amortization, total redemption or any other cause; as well as when the cessation of public interest occurs;
Que, regarding the obligation to carry out a Public Purchase Offer by Exclusion – OPC when a security is excluded from the Public Registry of the Stock Market, established in Article 38 of the Stock Market Law and in Article 32 of the Regulation on Public Tender Offers and Purchase of Securities by Exclusion, approved by CONASEV Resolution N° 009-2006-EF/94.10 and its amending rules, it must be pointed out that the exclusion of the securities «Primer Programa de Bonos Subordinados del Banco Internacional del Perú S.A.A. – Interbank – Primera Emisión», «Primer Programa de Bonos Subordinados del Banco Internacional del Perú S.A.A. – Interbank – Tercera Emisión» and «Primer Programa de Bonos Subordinados del Banco Internacional del Perú S.A.A. – Interbank – Cuarta Emisión» falls within the exception grounds for not carrying out an OPC, contemplated in Article 23 of the Regulation on Registration and Exclusion of Securities in the Public Registry of the Stock Market and in the Stock Exchange Trading Floor, as well as in Article 37, subsection a), of the Regulation on Public Tender Offers and Purchase of Securities by Exclusion;
Whereas, Article 7, numeral 6, of the Policy on the dissemination of regulatory projects, legal norms of a general nature, regulatory agenda and other administrative acts of the SMV, approved by Resolution SMV Nº 014-2014-SMV/01 and its amending norms, establishes that the decisions contained in resolutions
“Decade of Equality of Opportunities for Women and Men” “Year of the Bicentennial of Peru: 200 years of independence” “Perú suyunchikpa Iskay Pachak Watan: iskay pachak watañam qispisqanmanta karun”
PERU Ministry of Economy and Finance SMV Superintendency of the Stock Market BICENTENNIAL PERU 2021
administrative decisions that resolve the exclusion of securities from the Public Registry of the Stock Market must be disseminated through the Stock Market Portal of the Superintendency of the Stock Market (www.smv.gob.pe); and,
In accordance with the provisions of Article 37, paragraphs b) and d), of the Stock Market Law; Articles 20, 21 and 23 of the Regulation on Registration and Exclusion of Securities in the Public Registry of the Stock Market and on the Stock Exchange Floor; Article 25 of the Regulation on Primary Public Offering and Sale of Securities; as well as Article 46, item 6, of the Regulation on the Organization and Functions of the Superintendency of the Stock Market, approved by Supreme Decree No. 216-2011-EF and its amendments, which empowers the General Directorate of Conduct Supervision to order the exclusion of securities from the Public Registry of the Stock Market.
Article 1°.- To order the exclusion of the securities designated «Primer Programa de Bonos Subordinados del Banco Internacional del Perú S.A.A. – Interbank – Tercera Emisión», corresponding to the «Primer Programa de Bonos Subordinados del Banco Internacional del Perú S.A.A. – Interbank», from the Public Registry of the Stock Market.
Article 2°.- To rule in favor of the exclusion of the securities indicated in the preceding article from the Securities Registry of the Lima Stock Exchange.
Article 3°.- To order the ex officio exclusion of the securities designated «Primer Programa de Bonos Subordinados del Banco Internacional del Perú S.A.A. – Interbank – Primera Emisión» and «Primer Programa de Bonos Subordinados del Banco Internacional del Perú S.A.A. – Interbank – Cuarta Emisión», from the Public Registry of the Stock Market.
Article 4°.- To disseminate this resolution on the Stock Market Portal of the Superintendency of the Stock Market – SMV (www.smv.gob.pe).
Article 5.- To transcribe this resolution to Banco Internacional del Perú S.A.A. – Interbank, as issuing company and structuring entity; to Banco de Crédito del Perú S.A.A., as Representative of the Bondholders; to the Lima Stock Exchange S.A. and to CAVALI S.A. I.C.L.V.
Register, communicate and disseminate,
Signed by: FIGUEROA BENITES César Aug Reason:
César Figueroa Benites
General Intendant (e)
General Intendancy of Conduct Supervision
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The documents this one cites, and the documents that cite it.
“provisions of Article 25... of the Regulation on Public Primary Offering and Sale of Securities, approved by CONASEV Resolution No. 141-1998-EF/94.10”
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