Individual decision · SMV · 17 Sep 2024
The registration, by fundamental variation, of Update No. 01 of the Supplement to the Framework Prospectus of the First Issue of the First Short-Term Instruments Program of INCIMMET S.A. is ordered in the Public Registry of the Securities Market. The update modifies the placement procedure of the securities, specifically the proration mechanism. The registration did not entail administrative verification, inspection, or audit of the information, nor an examination of the issuer's economic-financial situation, and does not imply SMV recommendation or favorable opinion; INCIMMET S.A. is responsible for the veracity of the information.
PERÚ Ministerio de Economía y Finanzas
SMV
Superintendency of the Market de Valores
Lima, 17 September 2024
The General Intendant of Conduct Supervision
File No. 2024039266, as well as Internal Report No. 1217-2024-SMV/11.1 dated 17 September 2024, from the General Intendancy of Conduct Supervision of the Deputy Superintendency of Market Conduct Supervision.
That, by document submitted on 16 September 2024, INCIMMET S.A. requested from the Superintendency of the Securities Market – SMV the registration, by fundamental variation, of Update No. 01 of the Supplement to the Framework Prospectus of the «First Issue of the First Short-Term Instruments Program of INCIMMET S.A.» in the section «Of securities and/or issuance programs registered in the Alternative Market of Securities» of the Public Registry of the Securities Market – RPMV, having made changes in the placement procedure of the securities, referring to the proration mechanism thereof;
That, it has been verified that, by General Intendancy Resolution SMV No. 048-2024-SMV/11.1 dated 09 August 2024, within the framework of an anticipated procedure, the «First Short-Term Instruments Program of INCIMMET S.A.» was registered, up to a maximum outstanding amount of US$ 3’000,000.00 (Three Million and 00/100 United States Dollars) or its equivalent in Soles, and the corresponding Framework Prospectus was registered in the section «Of securities and/or issuance programs registered in the Alternative Market of Securities» of the Public Registry of the Securities Market, under the charge of the Superintendency of the Securities Market;
That, likewise, by General Intendancy Resolution SMV No. 048-2024-SMV/11.1 dated 09 August 2024, within the framework of the «First Short-Term Instruments Program of INCIMMET S.A.», the securities called «First Issue of the First Short-Term Instruments Program of INCIMMET S.A.» were registered, up to a maximum outstanding amount of US$ 3’000,000.00 (Three Million and 00/100 United States Dollars), and the Supplement to the Framework Prospectus was registered in the section «Of securities and/or issuance programs registered in the Alternative Market of
Electronically signed 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
Electronically signed 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
Securities» of the Public Registry of the Securities Market and in the Securities Registry of the Lima Stock Exchange;
That, in accordance with the provisions of article 63 of the Single Ordered Text of the Securities Market Law, approved by Supreme Decree No. 020-2023-EF, as well as in articles 6, last paragraph, and 10 of the Regulation of the Alternative Market of Securities – MAV, approved by SMV Resolution No. 025-2012-SMV/01 and its amendatory and complementary norms, during the validity of the placement of the public offering, the issuer or offeror is obliged to keep the informative prospectus updated and any modification made must be submitted to the Superintendency of the Securities Market – SMV, accompanied by the pertinent documentation and information, prior to its delivery to the investors, and the placement or sale may be suspended until such modification has been registered;
That, from the evaluation of the documentation on which the request to which this resolution refers is based, it has been verified that a fundamental variation has been made in the Supplement to the Framework Prospectus of the «First Issue of the First Short-Term Instruments Program of INCIMMET S.A.», modifying the placement procedure of the securities, which implies the incorporation of clarifications in the proration mechanism thereof;
That, INCIMMET S.A. has submitted the documentation and information required by the Single Ordered Text of the Securities Market Law, as well as by the Regulation of the Alternative Market of Securities – MAV, for the registration of the update of the supplement to the framework prospectus, by fundamental variation, in the section «Of the Securities and/or Issuance Programs registered in the Alternative Market of Securities – MAV» of the Public Registry of the Securities Market;
That, article 7, numeral 6, of the Policy on Dissemination of Regulatory Projects, Legal Norms of General Character, Early Agenda and Other Administrative Acts of the SMV, approved by SMV Resolution No. 014-2014-SMV/01 and its amendatory norms, establishes that the decisions contained in the referred administrative resolutions, among others, to the registration of the informative prospectuses corresponding to the issuance programs in the Public Registry of the Securities Market ― RPMV, 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 articles 58 et seq. of the Single Ordered Text of the Securities Market Law; article 10 of the Regulation of the Alternative Securities Market – MAV; section V "Provisions for the determination of fundamental and non-fundamental variations in the offer" of the Manual for Compliance with the Requirements Applicable to Public Offers of Short-Term Instruments in the Alternative Securities Market – MAV, approved by Superintendency Resolution No. 021-2017-SMV/02 and its amending norms; as well as by article 46, numeral 4, of the Regulation of 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 resolve requests made by administered parties related to primary public offers and to evaluate and/or resolve all procedures related to such offers.
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
Article 1.- To order the registration, by fundamental variation, of Update No. 01 of the Complement to the Framework Prospectus of the "First Issue of the First Program of Short-Term Instruments of INCIMMET S.A." in the section "Of securities and/or issuance programs registered in the Alternative Securities Market" of the Public Registry of the Securities Market; the same that consists of the modification of the placement procedure of the securities, regarding the prorating mechanism thereof.
Article 2.- The registration referred to in article 1 of this resolution has not entailed administrative verification, inspection, or audit activities of the information presented, nor an examination of the economic-financial situation of the issuer, in accordance with the provisions of article 21 of the Single Ordered Text of the Securities Market Law.
Likewise, the aforementioned registration does not imply that the Superintendency of the Securities Market – SMV recommends investment in the securities or expresses a favorable opinion on the business prospects, with INCIMMET S.A. being responsible for the veracity of the information contained in the updated informative prospectuses, in accordance with the provisions of articles 13 and 65 of the Single Ordered Text of the Securities Market Law. The documents and information for a complementary evaluation are available to interested parties in the Public Registry of the Securities Market.
Article 3.- To disseminate this Resolution on the Institutional Page of the SMV on the Single Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe/smv).
Article 4.- To transcribe this resolution to INCIMMET S.A., in its capacity as issuer; to BNB Valores Perú S.A. Sociedad Agente de Bolsa, in its capacity as structuring entity; to CAVALI S.A. I.C.L.V.; and, to the Lima Stock Exchange S.A.
Register, communicate and disseminate.
Alix Godos
General Intendant
General Intendancy of Conduct Supervision
Note from RegAlert. AI assistants can read this document in full, and search 70,000+ more, through the RegAlert MCP connector (https://mcp.regalert.today/mcp). Free with an account. How to connect ChatGPT, Claude or Cursor.
The documents this one cites, and the documents that cite it.
“article 7, numeral 6, of the Policy on Dissemination of Regulatory Projects... approved by SMV Resolution No. 014-2014-SMV/01”
“article 46, numeral 4, of the Regulation of Organization and Functions of the Superintendency of the Securities Market, approved by Supreme Decree No. 216-2011-EF”
“Electronically signed document digitally signed within the framework of Law No. 27269, Law of Signatures and Digital Certificates”
More like this from SMV
SMV published 34 documents in the last 30 days. We email you each new one the day it's published.
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
In RegAlert: added