Individual decision · SMV · 15 Apr 2025
Financiera Efectiva S.A. is authorized to exclude its "Second Program of Corporate Bonds" from the Public Registry of the Securities Market due to the expiration of the program's validity period and the prior exclusion of all issued securities. The exclusion is granted without the requirement to conduct a Public Offer for Exclusion, as the situation falls under specific regulatory exceptions. The resolution 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 Equal Opportunities for Women and Men" "Year of recovery and consolidation of the Peruvian economy" 1 General Superintendent Resolution SMV No. 016-2025-SMV/11.1 Lima, April 15, 2025
The General Superintendent of Conduct Supervision
Having seen:
File No. 2025011596, as well as Internal Report No. 414-2025-SMV/11.1 dated April 15, 2025, from the General Superintendent's Office of Conduct Supervision of the Adjunct Superintendence of Conduct Supervision of Markets.
Considering:
That, by means of a document presented on March 19, 2025, Financiera Efectiva S.A. requested the Securities Market Superintendence – SMV, through the Single Window system, the exclusion of the issuance program denominated "Second Program of Corporate Bonds of Financiera Efectiva" from the Public Registry of the Securities Market;
That, from the evaluation carried out within the framework of the request to which the preceding consideration refers, it has been verified that by means of General Superintendent Resolution SMV No. 083-2018-SMV/11.1 dated October 4, 2018, under an expedited procedure, the issuance program denominated "Second Program of Corporate Bonds of Financiera Efectiva" was inscribed, up to a maximum issuance amount of S/ 200,000,000.00 (Two Hundred 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 on file in the Public Registry of the Securities Market, it has been observed that, within the framework of the "Second Program of Corporate Bonds of Financiera Efectiva", on October 5 2018, under an automatic approval procedure, the securities denominated "First Issuance of the Second Program of Corporate Bonds of Financiera Efectiva" were issued, which, upon the total cancellation of the respective obligations, have been excluded from the Public Registry of the Securities Market and from the Securities Registry of the Lima Stock Exchange, by virtue of the Resolution of General Superintendent SMV No. 011-2023-SMV/11.1 dated January 26, 2023; likewise, it has been verified that the validity period of the "Second Program of Corporate Bonds of Financiera Efectiva" has expired, complying with what is established in the last paragraph of 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
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 modifying norms, which states that the exclusion of programs operates when the validity period of registration has expired and no securities had been placed within the framework of the program or when, having been placed, the security or securities 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 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 Trading 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 Law of the Securities Market, as well as articles 20 and 23 of the Regulation of Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Trading 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 registration of the securities has originated by its own will and by cessation of public interest in the security;
That, taking into consideration that article 15 of the Single Consolidated Text of the Law of the Securities Market establishes that in section a) of the Public Registry of the Securities Market, securities and issuance programs are registered, the statement in the preceding consideration also applies to issuance programs, since these are also subject to registration in said Registry;
That, regarding the obligation to carry out a Public Offer for Exclusion – OPC, when a security is excluded from the Registry Public 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 stated that the exclusion of the "Second Program of Corporate Bonds of Financiera Efectiva" is within the cause of exception for not carrying out an OPC, contemplated in article 23 of the Regulation of Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Trading 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 Regulatory 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 modifications, establishes that decisions contained in resolutions administrative that resolve the exclusion of securities in the Public Registry of the Securities Market must be subject to dissemination through the Institutional Page of the SMV on the Digital Platform Unique of the Peruvian State for Orientation to the Citizen (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 Law of the Securities Market; articles 19, 20, 21 and 23 of the Regulation of Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Trading Wheel; article 25 of the Regulation of Primary Public Offer and Sale of Securities; as well as by article
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 46, numerals 4 and 6, of the Regulation of Organization and Functions of the Superintendence of the Securities Market, approved by Supreme Decree No. 216- 2011-EF and its modifications, which empowers the General Superintendent of Conduct Supervision to resolve the requests made by the regulated entities related to the primary public offers and evaluate and/or resolve any procedure related to such 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 program of
emission denominated "Second Program of Corporate Bonds of Financiera Efectiva" from the Public Registry of the Securities Market.
Article 2°.- Disseminate this resolution on the Page
Institutional of the SMV on the Digital Platform Unique of the Peruvian State for Citizen Orientation (www.gob.pe/smv).
Article 3°.- Transcribe this resolution to
Financiera Efectiva S.A., in its capacity 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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The documents this one cites, and the documents that cite it.
“Policy on Dissemination of Regulatory Projects... approved by SMV Resolution No. 014-2014-SMV/01 and its modifications”
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