Individual decision · SMV · 15 Apr 2025
The Securities Market Superintendence (SMV) orders the exclusion of the emission program titled "First Program of Negotiable Deposit Certificates of Financiera Efectiva" from the Public Registry of the Securities Market. This exclusion is granted at the request of the issuer, Financiera Efectiva S.A., following the expiration of the program's validity period and the total cancellation of its issued securities. The resolution also mandates the publication of this decision on the SMV's institutional website and notifies the Lima Stock Exchange and CAVALI S.A. I.C.L.V.
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 in 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. 015-2025-SMV/11.1 Lima, April 15, 2025 The General Superintendent of Conduct Supervision Seen:
The File No. 2025011597, as well as the Internal Report No. 488-2025-SMV/11.1 of April 15, 2025, from the General Superintendent of Conduct Supervision of the Adjunct Superintendence of Conduct Supervision of Markets.
Considering:
That, by means of a written submission presented on March 19, 2025, Financiera Efectiva S.A. requested the Securities Market Superintendence – SMV the exclusion from the emission program titled "First Program of Negotiable Deposit Certificates of Financiera Efectiva" from the Public Registry of the Securities Market; That, from the evaluation carried out within the framework of the request referred to in the preceding consideration, it has been verified that on April 1, 2019, within the framework of an advance procedure and under an automatic approval procedure, the emission program titled "First Program of Negotiable Deposit Certificates of Financiera Efectiva" was inscribed, up to a maximum circulating amount 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, taking into account the information available in the Public Registry of the Securities Market, it has been observed that within the framework of the "First Program of Negotiable Deposit Certificates of Financiera Efectiva" the securities titled "First Issuance of the First Program of Negotiable Deposit Certificates of Financiera Efectiva", "Second Issuance of the First Program of Negotiable Deposit Certificates of Financiera Efectiva" and "Third Issuance of the First Program of Negotiable Deposit Certificates of Financiera Efectiva" were issued, which, upon the total cancellation of the corresponding obligations, have been excluded from the Public Registry of the Securities Market and from the Securities Registry of the Lima Stock Exchange; likewise, it has been verified that the validity period of the "First Program of Negotiable Deposit Certificates of Financiera Efectiva" has expired, complying with what is established in the last paragraph of
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 in 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
Article 25 of the Regulation of Primary Public Offer and Sale of Securities, approved by CONASEV Resolution No. 141-98-EF/94.10 and its modifying norms, which states that the exclusion of programs operates when the validity period of inscription has expired and no value has been placed within the framework of the program or when, having been placed, the value or values are excluded from the Public Registry of the Securities Market;
That, Financiera Efectiva S.A. has presented the information and documentation required by the Single Consolidated Text of the Securities Market Law, Legislative Decree No. 861, approved by Supreme Decree No.
020-2023-EF; as well as by the Regulation of Inscription 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; That, Article 39, subsections a) and d), of the Single Consolidated Text of the Securities Market Law; as well as Articles 20 and 23 of the Regulation of Inscription 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, at the request of the issuer, when the inscription of the securities has originated by its own will and by cessation of public interest in the value; That, taking into consideration that Article 15, subsection a), of the Single Consolidated Text of the Securities Market Law establishes that in the Public Registry of the Securities Market securities and emission programs are registered, what is stated in the preceding consideration is also applicable to emission programs, since these are subject to inscription in the said Registry; That, regarding the obligation to carry out a Public Buy Offer for Exclusion – OPC when a value is excluded from the Public Registry of the Securities Market, established in Article 41 of the Single Consolidated Text of the Securities Market Law 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 stated that the exclusion of the "First Program of Negotiable Deposit Certificates of Financiera Efectiva" falls within the exception cause for not carrying out an OPC, contemplated in Article 23 of the Regulation of Inscription and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange Wheel, as well as in Article 37, subsection a), of the Regulation of Public Offer of Acquisition and Purchase of Securities by Exclusion; 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 the 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 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, subsections a) and d), of the Single Consolidated Text of the Securities Market Law; Articles 19, 20, 21 and 23 of the Regulation of Inscription and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange Wheel; Article
25 of the Regulation of Primary Public Offer and Sale of Securities; as well as by Article 46, numerals 4 and 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 resolve the requests made by the regulated entities related to primary public offers and to evaluate and/or resolve any procedure related to said offers, as well as to order the exclusion of securities from the Public Registry of the Securities Market. Resolves:
Article 1.- Order the exclusion of the emission program
titled "First Program of Negotiable Deposit Certificates of Financiera Efectiva" from the Public Registry of the Securities Market.
Article 2.- Disseminate this resolution on the Institutional
Website of the SMV on the Unique Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe/smv).
Article 3.- Transcribe this resolution to
Financiera Efectiva S.A.; as issuer; 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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“approved by SMV Resolution No. 014-2014-SMV/01 and its modifying norms”
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