Individual decision · SMV · 6 Jun 2025
The Superintendencia del Mercado de Valores (SMV) orders the exclusion of the securities known as "First Issuance of the First Corporate Bond Program of Atria Energy" and the exclusion of the "First Corporate Bond Program of Atria Energy" from the Institutional Investor Market section of the Public Registry of the Securities Market. This action is taken following Atria Energía S.A.C.'s request, based on the total cancellation of obligations and the extinction of rights over the securities. The resolution also mandates the exclusion of these securities from the Lima Stock Exchange Securities Register and requires the diffusion of the decision through the SMV's institutional website.
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 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. 024-2025-SMV/11.1 Lima, June 06, 2025 The General Superintendent of Conduct Supervision Seen:
The File No. 2025023561, as well as the Internal Report No. 758-2025-SMV/11.1, from the General Superintendent of Conduct Supervision of the Adjunct Superintendence of Market Conduct Supervision. Considering:
That, through writings presented on May 27 and June 05 of 2025, Atria Energía S.A.C. requested the Securities Market Superintendence – SMV the exclusion of the securities named "First Issuance of the First Corporate Bond Program of Atria Energy", which were registered and placed under the framework of the "First Corporate Bond Program of Atria Energy", in the section "Of the Institutional Investor Market" of the Public Registry of the Securities Market; as well as the exclusion of the issuance program denominated "First Corporate Bond Program of Atria Energy" from the section "Of the Institutional Investor Market" of the Public Registry of the Securities Market; That, it has been verified that through Resolution of General Superintendent SMV No. 083-2019-SMV/11.1, of November 25, 2019, it was disposed the registration of the issuance program named "First Corporate Bond Program of Atria Energy", up to a maximum circulating amount of US$ 20,000,000.00 (Twenty Million and 00/100 Dollars of the United States of America), and the registration of the corresponding Master Prospectus in the section "Of the Market of Institutional Investors" of the Public Registry of the Securities Market; That, by virtue of what is established by the Resolution of General Superintendent SMV No. 083-2019-SMV/11.1 and within the framework of the mentioned issuance program, the securities named "First Issuance of the First Corporate Bond Program of Atria Energy" were registered, up to a maximum circulating amount of US$ 10,000,000.00 (Ten Million and 00/100 Dollars of the United States of America); and the Complement to the Master Prospectus was registered in the section "Of the Institutional Investor Market" of the Public Registry of the Securities Market; and, subsequently, said securities were registered in the Register of Securities of the Lima Stock Exchange; That, from the review of the documentation presented by Atria Energía S.A.C. and from the information on file in the Public Registry of the
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 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 Securities Market, the following has been verified: (i) Presentation of the document regarding the total cancellation of the obligations derived from the securities "First Issuance of the First Corporate Bond Program of Atria Energy", as provided by articles 17 and 18 of the Regulations of the Institutional Investor Market; and, (ii) Considering that the securities registered under the framework of the "First Program of Corporate Bonds of Atria Energy" in the section "Of the Market of Institutional Investors" of the Public Registry of the Securities Market will be subject to exclusion through this resolution and that there are no other securities registered under the framework of the same, the application of the Sixth Final Complementary Provision of the Regulations of the Institutional Investor Market and of article 14, numeral 14.2, item 14.2.3, last paragraph, of the Regulations of Primary Public Offering and Sale of Securities, approved by CONASEV Resolution No. 141-1998-EF/94.10 and its amendments, which provides that when no value has been placed under the program or when, having been placed, the value or values have been extinguished, the issuer may request the exclusion of the value from the registry and that the registration of the program be left without effect; That, it is necessary to indicate that article 6, numeral 6.1, of the Regulations of the Institutional Investor Market, approved by SMV Resolution No. 021-2013-SMV/01 and its amendments, provides that the competence of the Securities Market Superintendence – SMV, within the framework of the regime of exceptional public offers directed exclusively to institutional investors, is limited solely to the verification of the presentation of the documentation or requirements established in said regulations; That, Atria Energía S.A.C. has complied with presenting the information and documentation required by the Single Ordered Text of the Law of the Securities Market and by the Regulations of the Institutional Investor Market, to request the exclusion of the securities named "First Issuance of the First Corporate Bond Program of Atria Energy", as well as of the "First Corporate Bond Program of Atria Energy" from the section "Of the Market of Institutional Investors" of the Public Registry of the Securities Market; That, article 39, letters a) and b), of the Single Ordered Text of the Law of the Securities Market, Legislative Decree No. 861, approved by Supreme Decree No. 020-2023-EF, and article 18, numeral 18.3, of the Regulations of the Institutional Investor Market, establish that the exclusion
of a value 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 when the extinction of rights over the value operates, by amortization, total redemption or other cause; likewise, article 6, numeral 6.14, of the Regulations of the Institutional Investor Market provides that in no case is the formulation of a public offer of purchase for exclusion of securities applicable to the value referred to in article 41 of the Single Ordered Text of the Law of the Securities Market; 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 amendments, establishes that the decisions contained in resolutions that resolve the exclusion of securities in the Public Registry of the Securities Market must be subject to dissemination through the Institutional Page
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 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 of the SMV in the Unique Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe/smv); and Being in accordance with what is established by article 39, letters a) and b), of the Single Ordered Text of the Law of the Securities Market; articles 17 and 18 of the Regulations of the Institutional Investor Market; the Sixth Final Complementary Provision of the Regulations of the Institutional Investor Market; the
article 14, numeral 14.2, item 14.2.3, of the Regulations of Primary Public Offering and
Sale of Securities; as well as by article 46, numeral 6, of the Regulations of Organization and Functions of the Securities Market Superintendence, approved by Supreme Decree No. 216- 2011-EF and its amendments, which empowers the General Superintendence of Conduct Supervision to dispose of the exclusion of values from the Public Registry of the Securities Market. Resolves:
Article 1°.- Dispose the exclusion of the securities
named "First Issuance of the First Corporate Bond Program of Atria Energy", corresponding to the "First Corporate Bond Program of Atria Energy", from the section "Of the Institutional Investor Market" of the Public Registry of the Securities Market.
Article 2°.- Pronounce in favor of the exclusion of the
values indicated in the preceding article, from the Securities Register of the Lima Stock Exchange.
Article 3°.- Dispose the exclusion of the "First Program
of Corporate Bonds of Atria Energy" from the section "Of the Institutional Investor Market" of the Public Registry of the Securities Market.
Article 4°.- Disseminate this resolution on the
Institutional Page of the SMV in the Unique Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe/smv).
Article 5°.- Transcribe this resolution to Atria
Energía S.A.C., in its capacity as issuer; to Kallpa Securities Brokerage Entity 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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“That, article 7, numeral 6, of the Policy on Dissemination of Normative Projects... approved by SMV Resolution No. 014-2014-SMV/01 and its amendments...”
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