General Intendency Resolution SMV No. 062-2022-SMV/11.1

Lima, 08 September 2022

The Acting General Intendant of Conduct Supervision

Vistos:

File No. 2022033166, as well as Internal Report No. 1099 -2022-SMV/11.1, of the General Conduct Supervision Intendency of the Deputy Superintendency of Market Conduct Supervision.

Considerando:

Whereas, by means of a document filed on 09 August 2022, Financiera Credinka S.A. requested the Superintendency of the Stock Market – SMV, through the Single Window system, the exclusion of the securities designated «Segunda Emisión del I Programa de Certificados de Depósito Negociables de Financiera Credinka S.A.», which were placed within the framework of the «I Programa de Certificados de Depósito Negociables de Financiera Credinka S.A.», from the Public Registry of the Stock 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 on 18 August 2017, within the framework of an expedited procedure and under an automatic approval procedure, the issuance program designated «I Programa de Certificados de Depósito Negociables de Financiera Credinka S.A.» was registered, for up to a maximum amount in circulation of S/ 100’000,000.00 (Cien Millones y 00/100 Soles), and the corresponding Framework Prospectus was registered in the Public Registry of the Stock Market;

Whereas, within the framework of the aforementioned program and under an automatic approval procedure, on 15 January 2018, the securities designated «Segunda Emisión del I Programa de Certificados de Depósito Negociables de Financiera Credinka S.A.» were registered, for up to a maximum amount in circulation of S/ 90’000,000.00 (Noventa Millones y 00/100 Soles), and the corresponding Supplement to the Framework Prospectus was registered in the Public Registry of the Stock Market and, subsequently, in the Securities Registry of the Lima Stock Exchange;

Whereas, from the evaluation of the documentation filed by Financiera Credinka S.A., the total cancellation of the obligations arising from the securities «Segunda Emisión del I Programa de Certificados de Depósito Negociables de Financiera Credinka S.A.» has been verified;

That, Financiera Credinka S.A. has submitted the information and documentation required by the Securities Market Law, Legislative Decree No. 861 and its amendatory norms, 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, approved by SMV Resolution No. 031-2012-SMV/01 and its amendatory norms, for the purposes of the exclusion of the securities called «Second Issue of the I Program of Negotiable Certificates of Deposit of Financiera Credinka S.A.»;

That, Article 37, literal b), 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 rights over the security are extinguished, by amortization, total redemption or another cause;

That, on the other hand, with respect to the obligation to carry out a public tender offer for exclusion – OPC when a security is excluded from the Public Registry of the Securities Market, established in Article 38 of the Securities Market Law and in Article 32 of the Regulation for Public Tender Offers for Acquisition and Purchase of Securities for 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 «Second Issue of the I Program of Negotiable Certificates of Deposit of Financiera Credinka S.A.» 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 Tender Offers for Acquisition and Purchase of Securities for Exclusion;

That, Article 7, numeral 6, of the Policy on Dissemination of Regulatory Projects, General Legal Norms, Regulatory 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 Securities Market Portal of the Superintendency of the Securities Market – SMV (www.smv.gob.pe); and,

In accordance with the provisions of Article 37, literal b), 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 on 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.

Resuelve:

Article 1.- To order the exclusion of the securities called «Second Issue of the I Program of Negotiable Certificates of Deposit of Financiera Credinka S.A.», corresponding to the «I Program of Negotiable Certificates of Deposit of Financiera Credinka 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.- Publish this resolution on the Securities Market Portal of the Superintendency of the Securities Market – SMV (www.smv.gob.pe).

Article 4.- Transcribe this resolution to Financiera Credinka S.A., as issuer; Diviso Bolsa Sociedad Agente de Bolsa S.A., as placement agent; to the Lima Stock Exchange S.A.; and, to CAVALI S.A. I.C.L.V

Register, communicate and publish.

Jessica Cuadra Galvez
General Superintendent (e)
General Superintendency of Conduct Supervision