Individual decision · SMV · 19 Apr 2024
The SMV orders the exclusion of Consorcio Industrial de Arequipa S.A.'s investment shares from the Public Registry of the Securities Market and rules in favor of their exclusion from the Lima Stock Exchange's Securities Registry. The exclusion is based on cessation of public interest, as the shares had null or scarce trading during the last three years, and no Public Offer for Acquisition by Exclusion is required due to this exception. The resolution is to be disseminated on the SMV's institutional page and transcribed to the company, CAVALI S.A. I.C.L.V., and the Lima Stock Exchange.
Electronic document digitally signed within the framework of Law No. 27269, Law on 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
Lima, 19 de abril de 2024
The General Intendence of Conduct Supervision
File No. 2024011576, as well as Internal Report No. 478-2024-SMV/11.1, of the General Directorate of Conduct Supervision of the Deputy Superintendency of Market Conduct Supervision.
That, by means of a document submitted on 20 March 2024, Consorcio Industrial de Arequipa S.A., represented by Mr. Christopher Murdoch Peschiera, requested from the Superintendency of the Stock Market – SMV, through the Single Window system, the exclusion of the investment shares issued by the company from the Public Registry of the Stock Market and from the Securities Registry of the Lima Stock Exchange, due to the cessation of public interest in the security, as provided in Article 39, subsection d), of the Single Ordered Text of the Stock Market Law, Legislative Decree No. 861, approved by Supreme Decree No. 020-2023-EF, and Article 23, second paragraph, subsection (i), of the Regulation on Registration and Exclusion of Securities in the Public Registry of the Stock Market and in the Trading Floor, approved by Resolution SMV No. 031-2012-SMV/01 and its amending rules;
That, from the evaluation carried out within the framework of the administrative procedure to which this resolution refers, it has been verified that by means of Resolution CONASEV No. 499-94-EF/94.10 of 06 December 1994, the registration of the work shares (today, investment shares) issued by Consorcio Industrial de Arequipa S.A. in the Public Registry of Securities and Intermediaries (today, Public Registry of the Stock Market) and, subsequently, in the Securities Registry of the Lima Stock Exchange was authorized;
That, by means of the Mandatory Annual Shareholders' Meeting of Consorcio Industrial de Arequipa S.A., held on 20 March 2024, among other resolutions, the exclusion of the investment shares of Consorcio Industrial de Arequipa S.A. from the Public Registry of the Stock Market and from the Securities Registry of the Lima Stock Exchange was approved, referring to the fact that said securities fell within the exclusion assumption of cessation of public interest in the security, as a consequence of their null or scarce trading during the last three (03) years;
Electronically signed document digitally signed under the framework of Law No. 27269, Law on Signatures and Digital 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
likewise, it was agreed to grant powers to Mr. Christopher Murdoch Peschiera, so that with a single signature and acting individually on behalf of the company, he may execute all public and/or private documents necessary to formalize the agreement;
That, within the framework of the provisions of article 20, numeral 20.3, of the Regulations for the Registration and Exclusion of Securities in the Public Registry of the Securities Market and on the Stock Exchange, by means of Letter EMI- 146/2024, the Bolsa de Valores de Lima S.A. indicated that it had no observation regarding the documentation submitted by Consorcio Industrial de Arequipa S.A., referring that according to the information in its database and records, the investment shares of Consorcio Industrial de Arequipa S.A. have not registered trading on the Stock Exchange for more than three (03) years;
That, in accordance with article 39, literal d), of the Single Ordered Text of the Securities Market Law and article 23, second paragraph, subsection (i), of the Regulations for the Registration and Exclusion of Securities in the Public Registry of the Securities Market and on the Stock Exchange, the cessation of public interest in the investment shares of Consorcio Industrial de Arequipa S.A. has been evidenced, since such securities have not registered trading on the Stock Exchange during the last three (03) years;
That, Consorcio Industrial de Arequipa S.A. has submitted the information and documentation required by the Single Ordered Text of the Securities Market Law, as well as by the Regulations for the Registration and Exclusion of Securities in the Public Registry of the Securities Market and on the Stock Exchange, for the purposes of the exclusion of the investment shares of the aforementioned company;
That, article 39, literal d), of the Single Ordered Text of the Securities Market Law, in conjunction with article 23, second paragraph, subsection (i), of the Regulations for the Registration and Exclusion of Securities in the Public Registry of the Securities Market and on the Stock Exchange, establishes that the exclusion of a security from the Public Registry of the Securities Market takes place by reasoned resolution of the Superintendencia del Mercado de Valores – SMV, when the cessation of public interest is verified, which in the case of capital stock shares or investment shares, registered at the request of the issuer or the holders of securities, is evidenced when such securities have had null or scarce trading during the last three (03) years;
That, with respect to the obligation to carry out a Public Offer for Acquisition by Exclusion – 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 in article 32 of the Regulation on Public Offers for Acquisition and Purchase of Securities by Exclusion, approved by CONASEV Resolution No. 009-2006-EF/94.10 and its amending norms, it must be noted that the exclusion of the investment shares of Consorcio Industrial de Arequipa S.A. falls within the exception for not carrying out an OPC, because said securities have not been traded during the last three (03) years, evidencing the cessation of public interest, as provided by article 37, literal a), of the Regulation on Public Offers for Acquisition and Purchase of Securities by Exclusion and by article 23, second paragraph, item (i), of the Regulation on Registration and Exclusion of Securities in the Public Registry of the Securities Market and on the Stock Exchange;
Electronic document digitally signed under Law No. 27269, Law on Digital Signatures and 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
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 SMV Institutional Page 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, literal d), of the Single Ordered Text of the Securities Market Law; articles 20, 21 and 23 of the Regulation on Registration and Exclusion 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 exclusion of securities from the Public Registry of the Securities Market.
Article 1.- To order the exclusion of the investment shares of Consorcio Industrial de Arequipa S.A. from the Public Registry of the Securities 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 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 4.- To transcribe this resolution to Consorcio Industrial de Arequipa S.A., to CAVALI S.A. I.C.L.V; and, to the Lima Stock Exchange S.A.
Register, communicate and disseminate.
Signed by: GODOS GARCIA Alix Fernando | Reason:
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.
“approved by SMV Resolution No. 014-2014-SMV/01 and its amending norms”
“approved by Resolution SMV No. 031-2012-SMV/01 and its amending rules”
“approved by Supreme Decree No. 216-2011-EF and its amendments”
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