Individual decision · SMV · 5 Aug 2024
The SMV ordered the exclusion of Banco Ripley Perú S.A.'s "First Subordinated Bonds Program" from the Public Registry of the Securities Market. The program had been registered up to S/ 100,000,000.00, but no securities were registered or placed under it and its registration validity term expired without possibility of renewal. The exclusion does not trigger the obligation to carry out a Public Tender Offer for Exclusion. The resolution is to be disseminated on the SMV Institutional Page and transcribed to Banco Ripley Perú S.A., Credicorp Capital Servicios Financieros S.A., the Lima Stock Exchange S.A., and CAVALI S.A. I.C.L.V.
PERÚ Ministerio de Economía y Finanzas
SMV
Superintendency of the Securities Market de Valores "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"
Lima, 05 August 2024
The General Intendant of Conduct Supervision
File No. 2024029208, as well as Internal Report No. 1025-2024-SMV/11.1, of the General Intendancy of Conduct Supervision of the Deputy Superintendency of Market Conduct Supervision.
That, by document presented on 05 July 2024, Banco Ripley Perú S.A. requested the Superintendency of the Securities Market – SMV the exclusion of the issuance program called «First Subordinated Bonds Program of Banco Ripley Perú S.A.» from the Public Registry of the Securities Market;
That, by General Intendancy Resolution SMV No. 054-2018-SMV/11.1 of 20 June 2018, within the framework of an anticipated procedure, the issuance program called «First Subordinated Bonds Program of Banco Ripley Perú S.A.» was registered, up to a maximum outstanding amount of S/ 100’000,000.00 (One Hundred Million and 00/100 Soles) or its equivalent in United States Dollars, and the corresponding Framework Prospectus was registered in the Public Registry of the Securities Market;
That, from the evaluation of the documentation presented by Banco Ripley Perú S.A. and of the information in the Public Registry of the Securities Market, it has been observed that within the framework of the «First Subordinated Bonds Program of Banco Ripley Perú S.A.» no security subject to primary public offering has been registered or placed; and, that the validity term of the registration of the «First Subordinated Bonds Program of Banco Ripley Perú S.A.» has expired, its renewal not being possible, nor the registration of new issues of securities within its framework, producing the cessation of public interest and corresponding the application of article 25, last paragraph, of the Regulation of Primary Public Offering and Sale of Securities, approved by CONASEV Resolution No. 141-1998-EF/94.10 and its amendments, and of article 23, penultimate paragraph, of the Regulation of 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, which provide —among others— that the exclusion of an issuance program shall proceed at the request of the issuer when the term
Electronic document digitally signed within the framework of Law No. 27269, Law of Signatures and Digital Certificates, its Regulation 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
PERÚ Ministerio de Economía y Finanzas
SMV
Superintendencia del Mercado de Valores
"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"
of the validity of registration is expired and no securities have been placed under it;
That, Banco Ripley Perú S.A. has submitted the information and documentation required by the Single Ordered Text of the Securities Market Law, Legislative Decree No. 861, approved by Supreme Decree No. 020-2023-EF; as well as by the Regulation for the Registration and Exclusion of Securities in the Public Registry of the Securities Market and on the Stock Exchange;
That, Article 39, literal d), of the Single Ordered Text of the Securities Market Law; as well as Articles 19, 20 and 23 of the Regulation for the Registration and Exclusion of Securities in the Public Registry of the Securities Market and on the Stock Exchange, 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 cessation of public interest occurs;
That, in this regard, taking into consideration that Article 15, subparagraph a), of the Single Ordered Text of the Securities Market Law establishes that securities and issuance programs are registered in the Public Registry of the Securities Market, the provisions of the preceding recital are also applicable to issuance programs, since these are subject to registration in the aforementioned Registry;
That, regarding the obligation to carry out a Public Tender Offer for Exclusion – OPC when a security is excluded from the Public Registry of the Securities Market, established in Article 41 of the Single Ordered Text of the Securities Market Law and in Article 32 of the Regulation for Public Tender Offers and Purchase of Securities for Exclusion, approved by CONASEV Resolution No. 009-2006-EF/94.10 and its amending norms, it must be noted that the exclusion of the «First Program of Subordinated Bonds of Banco Ripley Perú S.A.» does not generate the obligation to carry out an OPC, as provided by Article 23 of the Regulation for the Registration and Exclusion of Securities in the Public Registry of the Securities Market and on the Stock Exchange;
That, Article 7, numeral 6, of the Policy on Dissemination of Regulatory Projects, General Legal Norms, Early Agenda and Other Administrative Acts of the SMV, approved by SMV Resolution No. 014-2014-SMV/01 and its amending norms, establishes that the decisions contained in administrative resolutions that resolve the exclusion of securities from the Public Registry of the Securities Market must be disseminated through the Institutional Page of the SMV on the Single Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe/smv); and,
In accordance with the provisions of article 39, subsection d), of the Single Ordered Text of the Securities Market Law; article 25, last paragraph, of the Regulation on Primary Public Offering and Sale of Securities; articles 19, 20 and 23 of the Regulation on Registration and Exclusion of Securities in the Public Registry of the Securities Market and in 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 Superintendency of Conduct Supervision to order the exclusion of securities from the Public Registry of the Securities Market.
Electronic document digitally signed within the framework of Law No. 27269, Law on Signatures and Digital Certificates, its Regulation 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
Electronic document digitally signed within the framework of Law No. 27269, Law on Signatures and Digital Certificates, its Regulation 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
Article 1.- To order the exclusion of the issuance program called «Primer Programa de Bonos Subordinados del Banco Ripley Perú S.A.» from the Public Registry of the Securities Market.
Article 2.- To disseminate this resolution on the SMV Institutional Page on the Single Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe/smv).
Article 3.- To transcribe this resolution to Banco Ripley Perú S.A., as issuer; to Credicorp Capital Servicios Financieros S.A., as structuring entity; to the Lima Stock Exchange S.A.; and to CAVALI S.A. I.C.L.V.
Register, communicate and disseminate.
Alix Godos
General Intendant
General Intendancy of Conduct Supervision
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The documents this one cites, and the documents that cite it.
“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”
“Article 7, numeral 6, of the Policy on Dissemination of Regulatory Projects, General Legal Norms, Early Agenda and Other Administrative Acts of the SMV, approved by SMV Resolution No. 014-2014-SMV/01”
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