Individual decision · SMV · 16 Jul 2025
The Superintendency of the Securities Market denies Diviso Fondos Sociedad Administradora de Fondos S.A.'s request for authorization to merge the "Diviso Conservador Dólares FMIV" fund into the "Diviso Conservador Soles FMIV" fund. The denial is based on the administrator's failure to rectify observations regarding asset valuation, investment policy violations, inconsistent exchange factors, and inaccurate prospectus information. Additionally, both funds are in a deficit situation, lacking the minimum regulatory net worth of S/ 962,531.00 required for the 2025 period.
PERU Ministry of Economy and Finance
SMV
Securities Market
Superintendency
"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 Intendancy Resolution No. 129-2025-SMV/10.2 Lima, July 16, 2025 Acting General Intendant of Entity Supervision SEEN:
The File No. 2025021230 initiated by Diviso Fondos Fund Administrator Society S.A. and Report No. 957-2025-SMV/10.2 dated July 15, 2025; CONSIDERING:
That, Article 50 of the Regulation of Mutual Funds for Investment in Securities and their Administrator Societies, approved by Conasev Resolution No. 068-2010-EF/94.1.1 and its amendments, has established the requirements that an administrator society of funds must present in order to obtain authorization to proceed with the merger of mutual funds; That, by General Supervision of Entities Intendancy Resolution No. 011-2015-SMV/10.2 dated February 11, 2015, and General Supervision of Entities Intendancy Resolution No. 169-2012-SMV/10.2 dated December 11, 2012, the registration of the mutual funds for investment in securities named “Diviso Conservador Dólares FMIV” and “Diviso Conservador Soles FMIV” (hereinafter and collectively, FUNDS), respectively, as well as the simplified prospectuses and annexes of the Participation Regulation corresponding thereto, was ordered in the Public Registry of the Securities Market; That, Diviso Fondos Sociedad Administradora de Fondos S.A. requested authorization to carry out a merger by absorption in which the mutual fund for investment in securities named “Diviso Conservador Dólares FMIV” would be absorbed by the mutual fund for investment in securities named “Diviso Conservador Soles FMIV”; That, through Office No. 3034-2025-SMV/10.2 the General Supervision of Entities Intendancy (IGSE) observed that Diviso Fondos Sociedad Administradora de Fondos S.A. had not complied with due diligence in the valuation of the assets of the FUNDS;
PERU Ministry of Economy and Finance
SMV
Securities Market
Superintendency
"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 That, through Office No. 3678-2025-SMV/10.2, dated July 4 2025, the IGSE made new observations related to problems in the recording and valuation of investments and assets of the FUNDS. Furthermore, it was observed the existence of investments not foreseen in their respective investment policies and, whose investments, would not be permitted to mutual funds for investment in securities; That, considering the existing problems in the investment portfolios of the FUNDS, a possible merger and unification of their assets could cause negative effects on the portfolios, harming the participants of “Diviso Conservador Dólares FMIV” or “Diviso Conservador Soles FMIV”; That, on the other hand, in the present procedure, Diviso Fondos Sociedad Administradora de Fondos S.A. did not comply with remedying the following observations made to the documentation presented through Office No. 3118-2025-SMV/10.2: i) observation 1.1, as it failed to present a new version of the Annex to the Participation Regulation of “Diviso Conservador Soles FMIV” that included the changes made in the Simplified Prospectus of said fund; ii) observation 1.2, referring to the exchange factor, this being because the information sent contains inconsistencies between the formula, the result of this and the example included; iii) observation 1.3, referring to the correct valuation of the portfolios and the determination of the reliable share value; iv) observation 2.3, inasmuch as the merger notice contains information referring to the main characteristics of the FUNDS that is not precise and differs from the information registered in the Public Registry of the Securities Market; v) observation 2.5, inasmuch as the administrator society incorrectly states that participants could not make scheduled subscriptions, even though the Participation Regulation of “Diviso Conservador Dólares FMIV” indicates otherwise; and, vi) observation 2.7, through which it was requested to inform about the treatment of investment excesses that could occur in “Diviso Conservador Soles FMIV” and was not implemented; That, “Diviso Conservador Dólares FMIV” and “Diviso Conservador Soles FMIV” are in a situation of patrimonial deficit, as they do not have the minimum regulatory net worth required for mutual funds for investment in securities for the 2025 period, which amounts to S/ 962,531.00. This was communicated in Office No. 3505-2025-SMV/10.2; That, for the foregoing, considering that Diviso Fondos Sociedad Administradora de Fondos S.A. has not remedied the observations formulated through Office No. 3118-2025-SMV/10.2, it
is not possible to grant the authorization for the merger of the FUNDS; and, Being subject to what is provided by Article 1, letter b, of the Unified Text of the Organic Law of the Superintendency of the Securities Market, approved by Legislative Decree No. 26126; Article 38, numeral 5, item vii of the Regulation of Organization and Functions of the Superintendency of the Securities Market, approved by Supreme Decree No. 216-2011-EF;
PERU Ministry of Economy and Finance
SMV
Securities Market
Superintendency
"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 RESOLVES:
Article 1st.- Deny the request for authorization to
carry out a merger by absorption in which the mutual fund for investment in securities named “Diviso Conservador Dólares FMIV” would be absorbed by the mutual fund for investment in securities named “Diviso Conservador Soles FMIV”.
Article 2nd.- Order the dissemination of this resolution
on the Portal of the Securities Market of the Superintendency of the Securities Market (www.gob.pe/smv).
Article 3rd.- Transmit this resolution to Diviso
Fondos Sociedad Administradora de Fondos S.A. and to Scotiabank Perú S.A.A., in its capacity as custodian. Register, communicate and publish. Luis Enrique Achata Romero Acting General Intendant General Supervision of Entities Intendancy
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.
“Being subject to what is provided by Article 1, letter b, of the Unified Text of the Organic Law of the Superintendency of the Securities Market, approved by Legislative Decree No. 26126”
“Article 38, numeral 5, item vii of the Regulation of Organization and Functions of the Superintendency of the Securities Market, 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