Individual decision · SMV · 11 Mar 2025
The Securities Market Superintendence (SMV) orders the exclusion of Ferreycorp S.A.A.'s "Third Program of Debt-Representative Instruments" from the Public Registry of the Securities Market. This exclusion is granted following the issuer's request, the expiration of the program's registration validity, and the absence of any primary public offerings placed under the program. The decision confirms that no Mandatory Public Offer for Exclusion is required and mandates the publication of the resolution on the SMV's institutional website and notification to relevant financial entities.
PERU Ministry of Economy and Finance
SMV
Securities Market
Superintendence
"Decade of Equal Opportunities for Women and Men" "Year of recovery and consolidation of the Peruvian economy" 1 Electronically signed document within 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. 012-2025-SMV/11.1 Lima, March 11, 2025 The General Superintendent of Conduct Supervision Seen:
The File No. 2025004735, as well as the Internal Report No. 347-2025-SMV/11.1, from the General Superintendent of Conduct Supervision of the Adjunct Superintendence of Market Conduct Supervision. Considering:
That, by means of a written submission presented on February 04, 2025, Ferreycorp S.A.A. requested the Securities Market Superintendence – SMV to exclude the issuance program named "Third Program of Debt-Representative Instruments Ferreycorp" from the Public Registry of the Securities Market; That, by means of General Superintendent Resolution SMV No. 112-2018-SMV/11.1 of December 21, 2018, within the framework of an advance procedure, the issuance program named "Third Program of Debt-Representative Instruments Ferreycorp" was registered, up to a maximum circulating amount of US$ 100,000,000.00 (One Hundred Million and 00/100 United States Dollars) or its equivalent in Soles, and the corresponding Master Prospectus was registered in the Public Registry of the Securities Market; That, from the evaluation of the documentation presented by Ferreycorp 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 "Third Program of Debt-Representative Instruments Ferreycorp" no security that is the subject of a primary public offering has been registered or placed; and, that the validity period of the registration of the "Third Program of Debt-Representative Instruments Ferreycorp" 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 corresponding 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
PERU Ministry of Economy and Finance
SMV
Securities Market
Superintendence
"Decade of Equal Opportunities for Women and Men" "Year of recovery and consolidation of the Peruvian economy" 2 Electronically signed document within 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 among others—that the exclusion of an issuance program shall proceed at the request of the issuer when the validity period of registration has expired and no securities had been placed within the framework thereof; That, Ferreycorp 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 a reasoned resolution of the SMV, when the cessation of public interest occurs; That, in this sense, taking into consideration that
Article 15, clause 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 is also applicable to issuance programs, since these are subject to registration in said Registry; That, regarding the obligation to carry out a Mandatory Public Offer for Exclusion – OPC when a security is excluded 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 CONASEV Resolution No. 009-2006-EF/94.10 and its modifying norms, it must be noted that the exclusion of the "Third Program of Debt-Representative Instruments Ferreycorp" does not generate the obligation to carry out an OPC, 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 Institutional Website of the SMV on the Unified Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe/smv); and, In accordance with the provisions of Article 39, clause 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 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 Equal Opportunities for Women and Men" "Year of recovery and consolidation of the Peruvian economy" 3 Electronically signed document within 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 issuance program
named "Third Program of Debt-Representative Instruments Ferreycorp" from the Public Registry of the Securities Market.
Article 2°.- Disseminate this resolution on the Institutional
Website of the SMV on the Unified Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe/smv).
Article 3°.- Transmit this resolution to
Ferreycorp S.A.A., in its capacity as issuer; to Credicorp Capital Servicios Financieros S.A., in its capacity 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 Supervision
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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”
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