Individual decision · SMV · 30 Apr 2025
The Securities Market Superintendence (SMV) denies the authorization request for the organization of Juntos Collective Fund Administrator Corporation. The denial is based on the failure of organizers Max Amado Jiménez Valdiviezo and Gabriela Angelyne Cuestas Vilcañaupa to prove sufficient economic solvency, specifically lacking the necessary liquid assets to cover their required capital contributions of S/ 140,000.00 and S/ 280,000.00 respectively. Additionally, the organizers failed to fully address observations regarding corporate control structures and ongoing judicial or public ministry investigations.
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" 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. 083-2025-SMV/10.2 Lima, April 30, 2025 The General Superintendent of Entities HAVING SEEN:
File No. 2024046434, referring to the request for authorization to organize a collective fund administrator company to be called "Juntos Collective Fund Administrator Company Sociedad Anónima", as well as Report No. 532-2025-SMV/10.2 of April 30, 2025; CONSIDERING:
That, through writings presented until March 06 of 2025, the gentlemen Pedro Eloy Espinoza Orihuela (hereinafter, MR. ESPINOZA) and Max Amado Jiménez Valdiviezo (hereinafter, MR. JIMÉNEZ), and the lady Gabriela Angelyne Cuestas Vilcañaupa (hereinafter, MS. CUESTAS; and together, the ORGANIZERS), requested authorization for the organization of a collective fund administrator company to be named Juntos Collective Fund Administrator Company Sociedad Anónima (hereinafter, JUNTOS EAFC); That, according to the information presented, MR. ESPINOZA, MR. JIMÉNEZ and MS. CUESTAS, would participate in the share capital of JUNTOS EAFC with 70%, 10% and 20%, respectively; That, articles 5 and 6 of the Common Rules for the Entities that require Authorization of 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 of organization of a collective fund administrator company; That, in accordance with article 4 of the COMMON RULES, the organizers must have, at all times, recognized economic and moral solvency to the satisfaction of the Securities Market Superintendence - SMV, which comprises, among others, presenting a track record of compliance with ethical principles and good commercial and corporate practices; That, to evaluate the economic solvency of the organizers of the entities that require authorization for operation of the SMV, the parameter considered is the general patrimonial backing and the resources liquid or available that it has, to make the contribution of its participation in the capital minimum required by the regulations for the entity, equivalent to S/ 1,368,113.00
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" 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 for 2025; and for successive capital increases, in order to face losses, during the first years of its operations that do not put at risk the continuity of the entity and with the purpose of avoiding the risk of a suspension or revocation of its authorization for operation. To this effect, special attention must be paid to the liquid assets, or eventually to easily liquidable assets, with which the ORGANIZERS have; That, in the present procedure, the ORGANIZERS did not comply with correcting the observation contemplated in paragraph 3 of Letter No. 669- 2025-SMV/10.2, through which information was requested about the legal persons over which they exercise control; nor the observations contemplated in paragraphs 5.1 and 5.2 of said Letter through which information was requested linked to processes and investigations followed by the Judiciary and the Public Ministry, in which case the observations were attended to partially; That, from the evaluation of the documentation presented, it is appreciated that the economic situation of MR. JIMÉNEZ and MS. CUESTAS does not prove that they have sufficient net liquid assets to face their contribution to the initial share capital for the constitution of JUNTOS EAFC, for the amounts of S/ 140,000.00 and S/ 280,000.00, respectively; and, consequently, they would also not have resources to face capital increases in order to cover the costs operating during the first years of the operations of a collective fund administrator company; That, for the reasons mentioned above, it has determined that MR. JIMÉNEZ and MS. CUESTAS have not complied with proving their economic solvency to be organizers of a collective fund administrator company, to the satisfaction of the SMV, as developed in Report No. 532- 2025-SMV/10.2 of the General Supervision of Entities; That, consequently, it is not possible to grant the authorization of organization of a collective fund administrator company to be named Juntos Collective Fund Administrator Company Sociedad Anónima; requested by the ORGANIZERS; and, Being in accordance with what is provided by article 1, paragraph b), of the Organic Law of the Securities Market Superintendence, approved by Decree Law No. 26126 and its modifying norms; as well as article 38, paragraph 5, letter i), of the Regulation of 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 of
organization of a collective fund administrator company to be named Juntos Collective Fund Administrator Company Sociedad Anónima, presented by the gentlemen Pedro Eloy Espinoza Orihuela and Max Amado Jiménez Valdiviezo and the lady Gabriela Angelyne Cuestas Vilcañaupa.
Article 2nd.- Order the dissemination of this resolution
in the Securities Market Portal of the Securities Market Superintendence (www.gob.pe/smv).
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" 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
Article 3rd.- Transcribe this resolution to Mr.
Antonio Carlos Asencios Vilcañaupa, in his capacity as representative of the organizers. Register, communicate and publish. Armando Manco Manco General Superintendent General Supervision of Entities
Note from RegAlert. AI assistants can read this document in full, and search 70,000+ more, through the RegAlert MCP connector (https://mcp.regalert.today/mcp). Free with an account. How to connect ChatGPT, Claude or Cursor.
The documents this one cites, and the documents that cite it.
“article 1, paragraph b), of the Organic Law of the Securities Market Superintendence, approved by Decree Law No. 26126”
“article 38, paragraph 5, letter i), of the Regulation of Organization and Functions of the Securities Market Superintendence, approved by Supreme Decree No. 216-2011-EF”
More like this from SMV
SMV published 34 documents in the last 30 days. We email you each new one the day it's published.
Source: Superintendencia del Mercado de Valores (Peru) — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
In RegAlert: added · updated