General Superintendency Resolution SMV No. 034-2020-SMV/11.1

Lima, 02 July 2020

The General Superintendent of Conduct Supervision

Seen:

File No. 2020018577, as well as Internal Report No. 531-2020-SMV/11.1 of 08 June 2020, from the General Superintendency of Conduct Supervision of the Deputy Superintendency of Market Conduct Supervision;

Considering:

That, by means of a document submitted on 02 June 2020, Financiera Efectiva S.A. requested from the Superintendency of the Securities Market – SMV, through the Single Window system, the delisting of the securities denominated «First Issue of the First Program of Negotiable Deposit Certificates of Financiera Efectiva», which were placed within the framework of the «First Program of Negotiable Deposit Certificates of Financiera Efectiva», in 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;

That, it has been verified that on 01 April 2019, under an automatic approval procedure, within the framework of an advance procedure, the issuance program denominated «First Program of Negotiable Deposit Certificates of Financiera Efectiva» was registered, for up to a maximum amount in circulation of S/ 150´000,000.00 (One Hundred Fifty Million and 00/100 Soles), and the corresponding Master Prospectus was registered in the Public Registry of the Securities Market;

That, within the framework of the aforementioned program, on 01 April 2019, by means of an automatic approval procedure, the securities denominated «First Issue of the First Program of Negotiable Deposit Certificates of Financiera Efectiva» were registered, for up to a maximum amount in circulation of S/ 60´000,000.00 (Sixty Million and 00/100 Soles), and the corresponding Master Prospectus Supplement was registered in the Public Registry of the Securities Market and in the Securities Registry of the Lima Stock Exchange;

That, from the evaluation of the documentation submitted by Financiera Efectiva S.A., the total cancellation of the obligations arising from the securities «First Issue of the First Program of Negotiable Deposit Certificates of Financiera Efectiva» has been verified;

That, Financiera Efectiva S.A. has complied with submitting the information and documentation required by the Securities Market Law, Legislative Decree No. 861 and its amending regulations, as well as by the Regulation on Registration and Delisting of Securities in the Public Registry of the Securities Market and on the Trading Floor, approved by SMV Resolution No. 031-2012-SMV/01 and its amending regulations, for the purpose of delisting the securities «First Issue of the First Program of Negotiable Deposit Certificates of Financiera Efectiva»;

That, Article 37, subsection b), of the Securities Market Law, as well as Articles 20 and 23 of the Regulation on Registration and Delisting of Securities in the Public Registry of the Securities Market and on the Trading Floor, establish that the delisting 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 become extinguished, by amortization, total redemption or other cause;

That, Article 23 of the Regulation on Registration and Delisting of Securities in the Public Registry of the Securities Market and on the Trading Floor, establishes that when a security is registered in the Public Registry of the Securities Market, delisting shall proceed upon request of the issuer due to the extinction of the rights over the security, by amortization, redemption or other cause. Furthermore, said provision, in accordance with Article 37, letter a), of the Regulation on Public Tender Offers for Acquisition and Purchase of Securities by Delisting, approved by CONASEV Resolution No. 009-2006-EF/94.10 and its amending regulations, provides that the delisting of securities for the aforementioned cause does not generate the obligation to carry out a Public Tender Offer for Purchase by Delisting referred to in Article 38 of the Securities Market Law and Article 32 of the Regulation on Public Tender Offers for Acquisition and Purchase of Securities by Delisting;

That, Article 7, numeral 6, of the Policy on the dissemination of regulatory projects, legal norms of a general nature, the regulatory agenda and other administrative acts of the SMV, approved by SMV Resolution No. 014-2014-SMV/01 and its amending regulations, establishes that the decisions contained in administrative resolutions that resolve the delisting 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 (www.smv.gob.pe); and,

In accordance with the provisions of Article 37, subsection b), of the Securities Market Law; Articles 20, 21 and 23 of the Regulation on Registration and Delisting of Securities in the Public Registry of the Securities Market and on the Trading Floor; 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 Superintendency of Conduct Supervision to order the delisting of securities from the Public Registry of the Securities Market.

Resolves:

Article 1°.- To order the delisting of the securities denominated «First Issue of the First Program of Negotiable Deposit Certificates of Financiera Efectiva» corresponding to the «First Program of Negotiable Deposit Certificates of Financiera Efectiva» from the Public Registry of the Securities Market.

Article 2°.- To rule in favor of the delisting of the securities indicated in the preceding article from the Securities Registry of the Lima Stock Exchange.

Article 3°.- Disseminate 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 Efectiva S.A., as the issuing company; to Credicorp Capital Servicios Financieros S.A., as the structuring entity; to Credicorp Capital Sociedad Agente de Bolsa S.A., as the placing agent; to the Bolsa de Valores de Lima S.A.A.; and, to CAVALI S.A. ICLV.

Register, communicate, and disseminate.

Signed by: GODOS GARCIA Alix Fernando FAU 201310 Reason:

Alix Godos
General Superintendent
General Directorate of Conduct Supervision