Individual decision · SMV · 18 Jul 2025
The Securities Market Superintendence (SMV) orders the exclusion of the securities titled "First Issuance of the Sixth Program of Negotiable Deposit Certificates of Banco Falabella Perú S.A." from the Public Registry of the Securities Market and the Lima Stock Exchange's Security Registry, following the total cancellation of obligations derived from these instruments. This decision is based on the verification that all obligations have been extinguished and confirms that an Exclusion Purchase Public Offer is not required under applicable regulations. The resolution mandates the publication of this decision on the SMV's institutional website and its notification to the issuer, structuring entity, exchange, and clearing house.
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 Electronic document digitally signed within the framework of Law No. 27269, Law on 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 of the SMV No. 031-2025-SMV/11.1 Lima, July 18, 2025 The General Superintendent of Conduct Supervision Seen:
The File No. 2025025887, as well as the Internal Report No. 967-2025-SMV/11.1, 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 June 12, 2025, Banco Falabella Perú S.A. requested the Securities Market Superintendence – SMV, through the Single Window system, the exclusion of the securities denominated «First Issuance of the Sixth Program of Negotiable Deposit Certificates of Banco Falabella Perú S.A.», which were inscribed and placed within the framework of the «Sixth Program of Negotiable Deposit Certificates of Banco Falabella Perú S.A.», from the Public Registry of the Securities Market and from the Registry of Securities of the Lima Stock Exchange, due to the total cancellation of the obligations derived from them; That, it has been verified that on August 13, 2019, in the framework of an advance procedure and under an automatic approval procedure, through the E-prospectus system, the issuance program named «Sixth Program of Negotiable Deposit Certificates of Banco Falabella Perú S.A.» was inscribed, up to a maximum circulating amount of S/ 350’000,000.00 (Three Hundred Fifty Million and 00/100 Soles) or its equivalent in United States Dollars, and the corresponding Master Prospectus was registered, in the Public Registry of the Securities Market; That, on August 13, 2019, within the framework of the aforementioned issuance program and under an automatic approval procedure, the securities denominated «First Issuance of the Sixth Program of Negotiable Deposit Certificates of Banco Falabella Perú S.A.» were inscribed, up to a maximum circulating amount of S/ 350’000,000.00 (Three Hundred Fifty Million and 00/100 Soles), and the respective Complement to the Master Prospectus was registered in the Public Registry of the Securities Market and, subsequently, in the Registry of Securities of the Lima Stock Exchange; That, from the evaluation of the documentation presented by Banco Falabella Perú S.A., it has been verified the presentation of the documents referred
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 Electronic document digitally signed within the framework of Law No. 27269, Law on 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 to the total cancellation of the obligations derived from the securities denominated «First Issuance of the Sixth Program of Negotiable Deposit Certificates of Banco Falabella Perú S.A.»; That, Banco Falabella Perú S.A. has presented the information and documentation required by the Unified Text of the Law on the Securities Market, Legislative Decree No. 861, approved by Supreme Decree No. 020-2023-EF; as well as by the Regulation on 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, for the purpose of the exclusion of the securities denominated «First Issuance of the Sixth Program of Negotiable Deposit Certificates of Banco Falabella Perú S.A.»; That, article 39, letter b), of the Unified Text of the Law on the Securities Market; as well as articles 20 and 23 of the Regulation on 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, when the extinction of rights over the security operates, by amortization, total redemption or other cause; That, regarding the obligation to carry out a Public Buyout Offer for Exclusion – OPC when a security is excluded from the Public Registry of the Securities Market, established in article 41 of the Unified Text of the Law on the Securities Market and in article 32 of the Regulation on 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 securities «First Issuance of the Sixth Program of Negotiable Deposit Certificates of Banco Falabella Perú S.A.» falls within the exception cause for not carrying out an OPC, contemplated both in
article 23 of the Regulation on 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, letter a), of the Regulation on Public Offer of Acquisition and Purchase of Securities by Exclusion; That, article 7, numeral 6, of the Policy on Dissemination of Regulatory Projects, Legal Norms of General Character, 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 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, letter b), of the Unified Text of the Law on the Securities Market; articles 19, 20, 21 and 23 of the Regulation on Inscription 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 on 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 Electronic document digitally signed within the framework of Law No. 27269, Law on 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 securities
denominated «First Issuance of the Sixth Program of Negotiable Deposit Certificates of Banco Falabella Perú S.A.», corresponding to the «Sixth Program of Negotiable Deposit Certificates of Banco Falabella Perú S.A.», from the Public Registry of the Securities Market.
Article 2°.- Rule in favor of the exclusion of the
securities indicated in the preceding article, from the Registry of Securities of the Lima Stock Exchange.
Article 3°.- 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 4°.- Transcribe this resolution to Banco
Falabella Perú S.A., in the capacity of issuer; to Scotiabank Perú S.A.A., in the capacity of 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.
“SMV Resolution No. 014-2014-SMV/01”
“CONASEV Resolution No. 009-2006-EF/94.10”
“SMV Resolution No. 031-2012-SMV/01”
“Supreme Decree No. 216-2011-EF”
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