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General Intendence Resolution SMV No. 034-2024-SMV/11.1

Lima, 30 de abril de 2024

The General Intendence of Conduct Supervision

Vistos:

File No. 2024014492, as well as Internal Report No. 479-2024-SMV/11.1, of the General Directorate of Conduct Supervision of the Deputy Superintendency of Market Conduct Supervision.

Considerando:

Whereas, by means of a document submitted on 02 April 2024, Corporación Financiera de Desarrollo S.A. – COFIDE requested the Superintendency of the Securities Market – SMV, through the Single Window system, the exclusion of the securities denominated “Fourth Issue” of the “Fifth Program of Debt Instrument Representations of COFIDE” from the Public Registry of the Securities Market and the Securities Registry of the Lima Stock Exchange, due to the total cancellation of the obligations arising therefrom;

Whereas, it has been verified that by means of General Directorate of Superintendency Resolution SMV No. 032-2019-SMV/11.1 of 08 April 2019, within the framework of an advance procedure, the issuance program denominated “Fifth Program of Debt Instrument Representations of COFIDE” was registered, for up to a maximum amount in circulation in Soles equivalent to US$ 500´000,000.00 (Five Hundred Million and 00/100 United States of America Dollars), and the corresponding Master Prospectus was registered in the Public Registry of the Securities Market;

Whereas, within the framework of the “Fifth Program of Debt Instrument Representations of COFIDE”, on 23 December 2020, under an automatic approval procedure, the securities denominated “Fourth Issue” were registered, for up to a maximum amount of S/ 300’000,000.00 (Three Hundred Million and 00/100 Soles), and the corresponding Supplement to the Master Prospectus was registered in the Public Registry of the Securities Market and, subsequently, in the Securities Registry of the Lima Stock Exchange;

That, in accordance with the provisions of article 20, numeral 20.1, of the Regulation for the Registration and Exclusion of Securities in the Public Registry of the Securities Market and on the Stock Exchange, approved by SMV Resolution No. 031-2012-SMV/01 and its amendatory norms, the SMV forwarded the exclusion request to the Lima Stock Exchange, without said entity having raised any observations to the documentation submitted;

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That, from the evaluation of the documentation submitted by Corporación Financiera de Desarrollo S.A. – COFIDE, the submission of the documents referring to the total cancellation of the obligations derived from the securities called «Fourth Issue» of the «Fifth Program of Debt Representing Instruments of COFIDE» has been verified;

That, Corporación Financiera de Desarrollo S.A. – COFIDE 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, for the purposes of the exclusion of the securities «Fourth Issue» of the «Fifth Program of Debt Representing Instruments of COFIDE»;

That, article 39, literal b), of the Single Ordered Text of the Securities Market Law; as well as articles 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 extinction of the rights over the security occurs, by amortization, total redemption or another cause;

That, with respect to the obligation to carry out a Public Offer for Acquisition by 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 Offer for Acquisition and Purchase of Securities by Exclusion, approved by CONASEV Resolution No. 009-2006-EF/94.10 and its amendatory norms, it must be noted that the exclusion of the securities called «Fourth Issue» of the «Fifth Program of Debt Representing Instruments of COFIDE» falls within the exception cause for not carrying out an OPC, contemplated both in 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, and in article 37, literal a), of the Regulation for Public Offer for Acquisition and Purchase of Securities by Exclusion;

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 amendatory 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, literal b), of the Single Ordered Text of the Securities Market Law; Articles 19, 20, 21 and 23 of the Regulation for the 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 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 Superintendency of Conduct Supervision to order the exclusion of securities from the Public Registry of the Securities Market.

PERÚ Ministerio de Economía y Finanzas
SMV
Superintendency of the 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"

Resolves:

Article 1°.- To order the exclusion of the securities called «Fourth Issue» of the «Fifth Program of Debt Representative Instruments of COFIDE» 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 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 Corporación Financiera de Desarrollo S.A. – COFIDE, as issuer; to Banco de Crédito del Perú, 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: GODOS GARCIA Alix Fernando | Reason:

Alix Godos
General Intendant
General Intendancy of Conduct Supervision

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