Individual decision · SMV · 9 Jan 2025
The Securities Market Superintendence (SMV) denies the authorization request for the organization of Prestamype Sociedad Administradora de Fondos de Inversión Sociedad Anónima Cerrada. The decision is based on the organizers' failure to submit audited financial statements for Prestamype LLC, Prestamype Holdings, and Alive Early Growth Fund II LP, as well as the list of legal entities in the economic group controlled by the organizer's controller. Consequently, the SMV determined that the organizers did not meet the solvency and documentation requirements established in the Common Rules.
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" 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 Supervision of Entities Resolution No. 003-2025-SMV/10.2 Lima, January 9, 2025 The General Superintendent of Supervision of Entities SEEN:
File No. 2024034678, regarding the request for authorization to organize an investment fund management company to be called “Prestamype Investment Fund Management Company Closed Joint Stock Company”, as well as Report No. 26-2025-SMV/10.2 of January 7, 2025; CONSIDERING:
That, through writings submitted until November 27, 2024, Mr. Carlos Enrique Ferreyros Vicuña (hereinafter, MR. FERREYROS) and Prestamype Fintech Group LLC (hereinafter, PRESTAMYPE LLC) requested authorization for the organization of an investment fund management company to be named “Prestamype Investment Fund Management Company Closed Joint Stock Company” (hereinafter, PRESTAMYPE SAFI); That, according to the information presented, Mr. Carlos Enrique Ferreyros Vicuña and Prestamype Fintech Group LLC (hereinafter, the ORGANIZERS) would participate in the share capital of PRESTAMYPE SAFI with 0.00000054% and 99.99999946%, respectively; That, articles 5 and 6 of the Common Rules for Entities that require Authorization for Organization and Operation of the SMV, approved by SMV Resolution No. 039-2016-SMV/01 and its amendments (hereinafter, COMMON RULES), establish the requirements to obtain the authorization for the organization of an investment fund management company; That, in accordance with article 4 of the COMMON RULES, organizers must have, at all times, recognized economic and moral solvency to the satisfaction of the Securities Market Superintendence - SMV. Likewise, the aforementioned article provides that in the case of organizers that are legal entities, the requirement of economic and moral solvency extends to all those who, through these organizers, have indirect ownership above ten percent (10%) of the share capital of the entity to be constituted or who, having less than that participation, have control of said entity; That, according to the evaluation of the documentation presented, the ORGANIZERS have not complied with sending the following requirements provided for in article 5 of the COMMON RULES: (i) the audited financial statements
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" 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 of the organizer PRESTAMYPE LLC, Prestamype Holdings and Alive Early Growth Fund II LP; these two latter, entities that through said organizer, will have indirect ownership of more than ten percent (10%) of the share capital of PRESTAMYPE SAFI; and (ii) the list of legal entities of the economic group over which one of the controllers of the organizer PRESTAMYPE LLC, exercises individual or joint control; That, in view that the information referred to in the previous paragraph is not available, it is not possible to carry out the corresponding evaluation of the economic solvency that they should have, as provided in article 4 of the COMMON RULES; That, for the reasons mentioned above, it has been determined that the ORGANIZERS do not comply with what is established in articles 4 and 5 of the COMMON RULES to be organizers of an investment fund management company, as developed in Report No. 26-2025-SMV/10.2 of the General Supervision of Entities; Being in accordance with what is provided by article 1, subsection b), of the Organic Law of the Securities Market Superintendence, approved by Legislative Decree No. 26126 and its modifying norms; as well as article 38, numeral 5, subsection i), of the Regulations on Organization and Functions of the Securities Market Superintendence, approved by Supreme Decree No. 216-2011-EF and its amendment. RESOLVES:
Article 1st.- Deny the request for authorization for the
organization of an investment fund management company to be named Prestamype Investment Fund Management Company Closed Joint Stock Company presented by Mr. Carlos Enrique Ferreyros Vicuña and Prestamype Fintech Group LLC.
Article 2nd.- Order the dissemination of this resolution
on the Securities Market Portal of the Securities Market Superintendence (www.gob.pe/smv).
Article 3rd.- Transmit this resolution to the
Messrs. Marvin Yambilem Durán Castillo, Julio Álvaro Castro Lora and Alma Velia Jiménez Panta, in their capacity as representatives of the organizers. Register, communicate and publish. Armando Manco Manco General Superintendent General Supervision of Entities
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The documents this one cites, and the documents that cite it.
“article 1, subsection b), of the Organic Law of the Securities Market Superintendence, approved by Legislative Decree No. 26126 and its modifying norms”
“article 38, numeral 5, subsection i), of the Regulations on Organization and Functions of the Securities Market Superintendence, approved by Supreme Decree No. 216-2011-EF and its amendment”
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