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General Intendence Resolution SMV No. 044-2024-SMV/11.1

Lima, 18 de junio de 2024

The General Intendence of Conduct Supervision

Vistos:

File No. 2024025221, as well as Internal Report No. 808-2024-SMV/11.1 of 17 June 2024, from the General Directorate of Conduct Supervision of the Deputy Superintendency of Market Conduct Supervision.

Considerando:

Whereas, by a document filed on 06 June 2024, Desarrolladora del Pacífico S.A.C. requested the Superintendency of the Securities Market – SMV to exclude the securities designated «Bonos Corporativos de Desarrolladora del Pacífico – Primera Emisión», which were registered and placed within the framework of the «Primer Programa de Bonos Corporativos de Desarrolladora del Pacífico», in the section «Del Mercado de Inversionistas Institucionales» of 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 from them;

Whereas, it has been verified that by General Superintendency Resolution SMV No. 009-2020-SMV/11.1 of 03 February 2020, the issuance program designated «Primer Programa de Bonos Corporativos de Desarrolladora del Pacífico» was registered, for a maximum amount in circulation of US$ 50’000,000.00 (Fifty Million and 00/100 United States of America Dollars) or its equivalent in Soles, and the corresponding Master Prospectus was registered in the section «Del Mercado de Inversionistas Institucionales» of the Public Registry of the Securities Market;

Whereas, within the framework of the «Primer Programa de Bonos Corporativos de Desarrolladora del Pacífico», on 03 February 2015, pursuant to the ruling of General Superintendency Resolution SMV No. 009-2020-SMV/11.1, the securities designated «Bonos Corporativos de Desarrolladora del Pacífico – Primera Emisión» were registered, for a maximum amount of US$ 12’000,000.00 (Twelve Million and 00/100 United States of America Dollars), and the corresponding Master Prospectus Supplement was registered in the section «Del Mercado de Inversionistas Institucionales» of the Public Registry of the Securities Market and, subsequently, in the Securities Registry of the Lima Stock Exchange;

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"

That, it is necessary to indicate that article 6, numeral 6.1, of the Regulation of the Institutional Investors Market, approved by SMV Resolution No. 021-2013-SMV/01 and its amendments, provides that the competence of the Superintendency of the Securities Market – SMV, within the framework of the exceptional regime of public offerings directed exclusively to institutional investors, is limited solely to the verification of the presentation of the documentation or requirements established in said regulation;

That, from the review of the documentation presented by Desarrolladora del Pacífico S.A.C., the presentation of the documents referring to the total cancellation of the obligations derived from the securities «Bonos Corporativos de Desarrolladora del Pacífico – Primera Emisión» has been verified, as provided by articles 17 and 18 of the Regulation of the Institutional Investors Market;

That, article 39, subparagraphs a) and b), of the Single Ordered Text of the Securities Market Law, Legislative Decree No. 861, approved by Supreme Decree No. 020-2023-EF, and article 18, numeral 18.3, of the Regulation of the Institutional Investors Market, establish that the exclusion of a security from the Public Registry of the Securities Market takes place by reasoned resolution of the SMV, at the request of the issuer, when the registration of the securities has originated by its own will and when the extinction of the rights over the security occurs, by amortization, total redemption or another cause; likewise, article 6, numeral 6.14, of the Regulation of the Institutional Investors Market provides that in no case is the formulation of a public purchase offer for exclusion of securities referred to in article 41 of the Single Text of the Securities Market Law applicable;

That, Desarrolladora del Pacífico S.A.C. has complied with presenting the information and documentation required by the Single Ordered Text of the Securities Market Law and by the Regulation of the Institutional Investors Market, to request the exclusion of the securities called «Bonos Corporativos de Desarrolladora del Pacífico – Primera Emisión» from the section «Del Mercado de Inversionistas Institucionales» 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 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, subparagraphs a) and b), of the Single Ordered Text of the Securities Market Law; Articles 17, paragraph 17.1, and 18 of the Regulation of the Institutional Investors Market; as well as Article 46, paragraph 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.

Electronically signed document 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 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

Signed by: GODOS GARCIA Alix Fernando | Reason:

Resolves:

Article 1.- To order the exclusion of the securities called «Corporate Bonds of Desarrolladora del Pacífico – First Issue», corresponding to the «First Corporate Bond Program of Desarrolladora del Pacífico», from the «Institutional Investors Market» section of 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 Desarrolladora del Pacífico S.A.C., as issuer; to Banco BBVA Perú, as structuring entity; to Banco Interamericano de Finanzas, 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.

Alix Godos
General Superintendent
General Superintendency of Conduct Supervision