Individual decision · SMV · 10 Jan 2025
The Securities Market Superintendence (SMV) orders the exclusion of the "Sixth Corporate Bonds Program of Enel Generación Perú S.A.A." from the Public Registry of the Securities Market. This exclusion is granted at the request of the issuer, Orygen Perú S.A.A., due to the expiration of the registration validity period and the absence of primary public offerings under the program. The resolution also mandates the publication of this decision on the SMV's institutional website and notifies relevant entities including Banco BBVA Perú, the Lima Stock Exchange, and CAVALI S.A.
PERU Ministry of Economy and Finance
SMV
Securities Market
Superintendence
"Decade of Equality of Opportunities for Women and Men" "Year of recovery and consolidation of the Peruvian economy" 1 Electronically signed document under the framework of Law No. 27269, Law of 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 General Superintendent Resolution SMV No. 002-2025-SMV/11.1 Lima, January 10, 2025 The General Superintendent of Conduct Supervision Seen:
The File No. 2024049825, as well as the Internal Report No. 030-2025-SMV/11.1, from the General Superintendent of Conduct Supervision of the Adjunct Superintendence of Market Conduct Supervision. Considering:
That, through writings presented on December 03, 2024 and January 06, 2025, Orygen Perú S.A.A. (formerly, Enel Generación Perú S.A.A.) requested the Securities Market Superintendence – SMV the exclusion from the program of issuance named "Sixth Corporate Bonds Program of Enel Generación Perú S.A.A." from the Public Registry of the Securities Market; That, through General Superintendent Resolution SMV No. 020-2018-SMV/11.1 of March 13, 2018, within the framework of an advance procedure, the program of issuance named "Sixth Corporate Bonds Program of Enel Generación Perú S.A.A." was registered, up to a maximum circulating amount of US$ 350,000,000.00 (Three Hundred Fifty Million and 00/100 Dollars of the United States of America) or its equivalent in Soles, and the Prospectus Corresponding Framework was registered in the Public Registry of the Securities Market; That, from the evaluation of the documentation presented by Orygen Perú S.A.A. and the information on file in the Public Registry of the Securities Market, it has been observed that within the framework of the "Sixth Corporate Bonds Program of Enel Generación Perú S.A.A." no securities subject to a primary public offering have been registered or placed; and, that the validity period of the registration of the "Sixth Corporate Bonds Program of Enel Generación Perú S.A.A." has expired, making its renewal impossible, nor the registration of new issuances of securities within the framework of the same, resulting in the cessation of public interest and the application of Article 25, last paragraph, of the Regulation of Primary Public Offering and Sale of Securities, approved by CONASEV Resolution No. 141-1998-EF/94.10 and its amendments, and of Article 23, third-to-last paragraph, of the Regulation of Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange Wheel, approved by SMV Resolution No. 031- 2012-SMV/01 and its modifying norms, which provide —among others— that
PERU Ministry of Economy and Finance
SMV
Securities Market
Superintendence
"Decade of Equality of Opportunities for Women and Men" "Year of recovery and consolidation of the Peruvian economy" 2 Electronically signed document under the framework of Law No. 27269, Law of 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 proceeds the exclusion of an issuance program at the request of the issuer when the validity period of registration has expired and no securities had been placed within the framework of the same; That, Orygen Perú S.A.A. has presented the information and documentation required by the Single Consolidated Text of the Law of the Securities Market, Legislative Decree No. 861, approved by Supreme Decree No. 020-2023-EF; as well as by the Regulation of Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange Wheel; That, Article 39, letter d), of the Single Consolidated Text of the Law of the Securities Market; as well as Articles 19, 20 and 23 of the Regulation of Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange Wheel, 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 cessation of public interest operates; That, in this sense, taking into consideration that
Article 15, item a), of the Single Consolidated Text of the Law of the Securities Market
establishes that securities and issuance programs are registered in the Public Registry of the Securities Market, the statement in the preceding consideration also applies to issuance programs, since these are subject to registration in said Registry; That, regarding the obligation to carry out a Public Offer of Purchase by Exclusion – POP when excluding a security from the Public Registry of the Securities Market, established in Article 41 of the Single Consolidated Text of the Law of the Securities Market and in Article 32 of the Regulation of Public Offer of Acquisition and Purchase of Securities by Exclusion, approved by Resolution CONASEV No. 009-2006-EF/94.10 and its modifying norms, it must be noted that the exclusion of the "Sixth Corporate Bonds Program of Enel Generación Perú S.A.A." does not generate the obligation to carry out a POP, as provided by Article 23 of the Regulation of Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange Wheel; That, Article 7, numeral 6, of the Policy on Dissemination of Normative Projects, General Character Legal Norms, Early Agenda and Other Administrative Acts of the SMV, approved by SMV Resolution No. 014-2014- SMV/01 and its modifying norms, establishes that decisions contained in administrative resolutions that resolve the exclusion of securities from the Public Registry of the Securities Market must be subject to dissemination through the SMV Institutional Website on the Unique Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe/smv); and, Being in accordance with what is provided by Article 39, item d), of the Single Consolidated Text of the Law of the Securities Market; Article 25, last paragraph, of the Regulation of Primary Public Offering and Sale of Securities; Articles 19, 20 and 23 of the Regulation of Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange Wheel; as well as by the
Article 46, numeral 6, of the Regulation of Organization and Functions of the
Securities Market Superintendence, approved by Supreme Decree No. 216- 2011-EF and its amendments, which empowers the General Superintendent of Conduct Supervision to order the exclusion of securities from the Public Registry of the Securities Market.
PERU Ministry of Economy and Finance
SMV
Securities Market
Superintendence
"Decade of Equality of Opportunities for Women and Men" "Year of recovery and consolidation of the Peruvian economy" 3 Electronically signed document under the framework of Law No. 27269, Law of 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 Resolves:
Article 1°.- Order the exclusion of the program of
issuance named "Sixth Corporate Bonds Program of Enel Generación Perú S.A.A." from the Public Registry of the Securities Market.
Article 2°.- Disseminate this resolution on the SMV Institutional
Website on the Unique Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe/smv).
Article 3°.- Transcribe this resolution to Orygen
Perú S.A.A.; as issuer; to Banco BBVA Perú, as structuring entity; 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 Superintendent of Conduct Compliance
Note from RegAlert. AI assistants can read this document in full, and search 70,000+ more, through the RegAlert MCP connector (https://mcp.regalert.today/mcp). Free with an account. How to connect ChatGPT, Claude or Cursor.
The documents this one cites, and the documents that cite it.
“Regulation of Organization and Functions of the Securities Market Superintendence, approved by Supreme Decree No. 216-2011-EF”
“Policy on Dissemination of Normative Projects... approved by SMV Resolution No. 014-2014-SMV/01”
More like this from SMV
SMV published 34 documents in the last 30 days. We email you each new one the day it's published.
Source: Superintendencia del Mercado de Valores (Peru) — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
In RegAlert: added