Individual decision · SMV · 9 May 2024
The SMV ordered the registration in the Public Registry of the Securities Market of the Second Framework Prospectus for the "First Program of Negotiable Deposit Certificates of CMAC Cusco," submitted by Caja Municipal de Ahorro y Crédito Cusco S.A. The application was filed outside the 30-calendar-day period following the three-year validity of the program's registration, so it was processed under the prior evaluation procedure subject to negative administrative silence. The registration involved no verification, inspection, audit, or examination of the issuer's economic-financial situation and does not imply an SMV recommendation or favorable opinion on the securities or business prospects.
Electronically signed document pursuant to 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, 09 de mayo de 2024
The Acting General Intendence of Conduct Supervision
File No. 2024019471, as well as Internal Report No. 594-2024-SMV/11.1 of 08 May 2024, from the General Intendence of Conduct Supervision of the Deputy Superintendency of Market Conduct Supervision.
Whereas, by means of a document filed on 30 April 2024, Caja Municipal de Ahorro y Crédito Cusco S.A. requested the Superintendency of the Securities Market – SMV to register the Second Framework Prospectus corresponding to the "First Program of Negotiable Deposit Certificates of CMAC Cusco" in the Public Registry of the Securities Market;
Whereas, it has been verified that by means of General Intendency Resolution SMV N° 037-2020-SMV/11.1 of 21 July 2020, within the framework of an advance procedure, the issuance program named "First Program of Negotiable Deposit Certificates of CMAC Cusco" was registered, for a maximum amount in circulation of S/ 100’000,000.00 (One Hundred Million and 00/100 Soles), and the corresponding Framework Prospectus was registered in the Public Registry of the Securities Market;
Whereas, in accordance with the provisions of Article 63 of the Single Ordered Text of the Securities Market Law, Legislative Decree N° 861, approved by Supreme Decree N° 020-2023-EF, during the validity of the public offering placement, the issuer or offeror is obliged to keep the information prospectus updated and any modification to the prospectus must be submitted to the Superintendency of the Securities Market – SMV prior to its delivery to investors;
Whereas, in accordance with the provisions of Article 14, numeral 14.2.3, of the Regulation on Primary Public Offering and Sale of Securities, approved by CONASEV Resolution N° 141-1998-EF/94.10 and its amending and complementary rules, after three (03) years of the validity of the registration of the issuance program, the issuer must necessarily submit an updated framework prospectus consolidating all variations made to it, which must be forwarded to the SMV within a period of thirty (30) calendar days
Electronic document digitally signed within the framework of Act No. 27269, Digital Signatures and Certificates Act, 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
siguientes. Likewise, the aforementioned article provides that the registration of the referred prospectus be carried out under an automatic approval procedure if it is submitted within said period and under a prior evaluation procedure subject to negative administrative silence if it is submitted outside said period;
That, from the information in the Public Registry of the Securities Market, it has been verified that Caja Municipal de Ahorro y Crédito Cusco S.A. submitted its application to the Superintendency of the Securities Market outside the thirty (30) calendar day period following the three (03) year term of validity of the registration of the «Primer Programa de Certificados de Depósito Negociables de CMAC Cusco», making it appropriate to apply the prior evaluation procedure subject to negative administrative silence;
That, Caja Municipal de Ahorro y Crédito Cusco 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 on Primary Public Offering and Sale of Securities, for the registration procedure of the Second Framework Prospectus corresponding to the «Primer Programa de Certificados de Depósito Negociables de CMAC Cusco» in the Public Registry of the Securities Market;
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 N° 014-2014- SMV/01 and its amending norms, establishes that the decisions contained in administrative resolutions referring to the registration of securities and the registration of informative prospectuses corresponding to issuance programs in 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 articles 58 and following of the Single Ordered Text of the Securities Market Law; article 14 of the Regulation on Primary Public Offering and Sale of Securities; as well as article 46, numeral 4, of the Regulation on Organization and Functions of the Superintendency of the Securities Market, approved by Supreme Decree Nº 216-2011-EF and its amending norms, which empowers the General Superintendency of Conduct Supervision to resolve all procedures related to primary public offerings and to evaluate and/or resolve all procedures related to such offerings.
Article 1°.- Order the registration of the Second Framework Prospectus corresponding to the «Primer Programa de Certificados de Depósito Negociables de CMAC Cusco» in the Public Registry of the Securities Market, the same that has been submitted by Caja Municipal de Ahorro y Crédito Cusco S.A., as established by article 14, numeral 14.2.3, of the Regulation on Primary Public Offering and Sale of Securities.
Article 2.- The registration referred to in the preceding article has not entailed administrative verification activities, nor inspection, nor audit of the information submitted, 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, said 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, the issuer being responsible for the truthfulness of the information submitted to the market, in accordance with the provisions of articles 13 and 65 of the Single Ordered Text of the Securities Market Law.
Article 3.- 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.- Transcribe this resolution to Caja Municipal de Ahorro y Crédito Cusco S.A. – CMAC Cusco S.A., as issuer; to Banco Internacional del Perú S.A.A. – Interbank, as structuring entity; to Inteligo Sociedad Agente de Bolsa S.A., as placement agent; to the Bolsa de Valores de Lima S.A.; and to CAVALI S.A. I.C.L.V.
Register, communicate and disseminate.
José Luis Salazar Marín
Intendente General (e)
General Superintendency of Conduct Supervision
Electronic document digitally signed within the framework of Law No. 27269, Law of 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
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The documents this one cites, and the documents that cite it.
“in accordance with the provisions of Article 63 of the Single Ordered Text of the Securities Market Law, Legislative Decree N° 861”
“Regulation on Primary Public Offering and Sale of Securities, approved by CONASEV Resolution N° 141-1998-EF/94.10”
“Electronically signed document pursuant to Law No. 27269, Law on Digital Signatures and Certificates, its Regulations and amendments.”
“Policy on Dissemination... approved by SMV Resolution N° 014-2014- SMV/01”
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