Individual decision · SMV · 8 Mar 2024
The SMV orders the delisting of the "First Issue" of COFIDE's "Fifth Program of Debt Instruments" from the Public Registry of the Securities Market and rules in favor of its exclusion from the Lima Stock Exchange's Securities Registry, following total cancellation of the obligations. The delisting falls within the exception to the Public Offer for Delisting requirement. The resolution is to be disseminated on the SMV website and transcribed to COFIDE, Banco de Crédito del Perú, the Lima Stock Exchange, and CAVALI.
PERU Ministry of Economy and Finance
SMV
Superintendency of the Securities
Market
“Decade of Equal Opportunities for Women and Men” "Year of the Bicentennial, of the consolidation of our Independence, and of the commemoration of the heroic battles of Junín and Ayacucho"
Lima, 08 March 2024
The General Director of Conduct Supervision
File No. 2024005763, as well as Internal Report No. 295-2024-SMV/11.1, of the General Directorate of Conduct Supervision of the Deputy Superintendency of Market Conduct Supervision.
That, by means of a document submitted on 12 February 2024, Corporación Financiera de Desarrollo S.A. – COFIDE requested from the Superintendency of the Securities Market – SMV, through the Single Window system, the delisting of the securities designated “First Issue” from the “Fifth Program of COFIDE Debt Instruments” from the Public Registry of the Securities Market and the Securities Registry of the Lima Stock Exchange, due to the total cancellation of the obligations arising therefrom;
That, it has been verified that by means of General Directorate of Supervision Resolution SMV No. 032-2019-SMV/11.1 of 08 April 2019, within the framework of an expedited procedure and under an automatic approval procedure, the issuance program designated “Fifth Program of COFIDE Debt Instruments” was registered, for up to a maximum amount in circulation in Soles equivalent to US$ 500´000,000.00 (Five Hundred Million and 00/100 United States of America Dollars) or its equivalent in Soles, and the corresponding Base Prospectus was registered; as well as the registration of the securities designated “First Issue”, for up to a maximum amount in circulation of S/ 150’000,000.00 (One Hundred Fifty Million and 00/100 Soles), and the corresponding Supplement to the Base Prospectus was registered in the Public Registry of the Securities Market and, subsequently, in the Securities Registry of the Lima Stock Exchange;
That, in accordance with the provisions of Article 20, item 20.1, of the Regulation on the Registration and Delisting of Securities in the Public Registry of the Securities Market and on the Trading Floor, approved by SMV Resolution No. 031-2012-SMV/01 and its amending rules, the SMV forwarded the delisting request to the Lima Stock Exchange, without said entity having raised any objections to the documentation submitted;
That, from the evaluation of the documentation submitted by Corporación Financiera de Desarrollo S.A. – COFIDE, the submission of
Electronic document fi nally digitally signed within the framework of Law No. 27269, Law of Si gnatures and Digital Certificates, its Regulations and amendments.
The integrity of the document and the authorship of the si gnature(s) can be verified at https://apps. fi rmaperu.gob.pe/web/validador.xhtml fi rmaperu.gob.pe/web/validador.xhtml
of the documents referring to the total cancellation of the obligations arising from the securities designated “First Issue” of the “Fifth Program of COFIDE Debt Instruments”;
That, Corporación Financiera de Desarrollo S.A. – COFIDE has submitted the information and documentation required by the Single Text of the Securities Market Law, Legislative Decree No. 861, approved by Supreme Decree No. 020-2023-EF, as well as by the Regulation on the Registration and Delisting of Securities in the Public Registry of the Securities Market and on the Trading Floor, for the purpose of delisting the securities “First Issue” of the “Fifth Program of COFIDE Debt Instruments”;
That, Article 39, letter b), of the Single Text of the Securities Market Law; as well as Articles 20 and 23 of the Regulation on the Registration and Delisting of Securities in the Public Registry of the Securities Market and on the Trading Floor, establish that the delisting of a security from the Public Registry of the Securities Market takes place by reasoned resolution of the SMV, when the rights over the security are extinguished, by amortization, total redemption or any other cause;
That, regarding the obligation to carry out a Public Offer for Delisting – POD when a security is delisted from the Public Registry of the Securities Market, established in Article 41 of the Single Text of the Securities Market Law and in Article 32 of the Regulation on Public Acquisition Offers and Purchase of Securities by Delisting, approved by CONASEV Resolution No. 009-2006-EF/94.10 and its amending rules, it must be noted that the delisting of the securities designated “First Issue” of the “Fifth Program of COFIDE Debt Instruments” falls within the exception ground for not carrying out a POD, contemplated both in Article 23 of the Regulation on the Registration and Delisting of Securities in the Public Registry of the Securities Market and on the Trading Floor, and in Article 37, letter a), of the Regulation on Public Acquisition Offers and Purchase of Securities by Delisting;
That, Article 7, item 6, of the Policy on the Dissemination of Regulatory Projects, Legal Rules of a General Nature, Early Agenda and Other Administrative Acts of the SMV, approved by SMV Resolution No. 014-2014-SMV/01 and its amending rules, establishes that the decisions contained in administrative resolutions that resolve the delisting of securities from the Public Registry of the Securities Market must be disseminated through the SMV Institutional Website on the Single Digital Platform of the Peruvian State for Citizen Guidance (www.gob.pe/smv); and,
In accordance with the provisions of Article 39, literal b), of the Single Ordered Text of the Securities Market Law; Articles 19, 20, 21 and 23 of the Regulation on Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange Trading Floor; as well as Article 46, numeral 6, of the Regulation on Organization and Functions of the Superintendency of the Securities Market, approved by Supreme Decree No. 216-2011-EF and its amendments, which empowers the General Directorate of Conduct Supervision to order the exclusion of securities from the Public Registry of the Securities Market.
Documento electrónico fi signed digitally under Law No. 27269, Ley de Fi and Digital Certificates, its Regulations and amendments.
The integrity of the document and la autoría de la( s) fi rma( s) can be verified at https://apps. fi rmaperu.gob.pe/web/validador.xhtml
Documento electrónico fi signed digitally under Law No. 27269, Ley de Fi rmas y Certificados Digitales, su Reglamento y modificatorias.
La integridad del documento y la autoría de la( s) fi rma( s) may be verified at https://apps. fi rmaperu.gob.pe/web/validador.xhtml
Article 1°.- Order the exclusion of the securities denominated «First Issue» of the «Fifth Program of Debt Instrument Representations of COFIDE» 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 Securities Registry of the Lima Stock Exchange.
Article 3°.- Disseminate this resolution on the SMV Institutional Page on the Single Digital Platform of the Peruvian State for Citizen Guidance (www.gob.pe/smv).al
Article 4°.- Transcribe this resolution to Corporación Financiera de Desarrollo S.A. – COFIDE, as issuer; to Banco de Crédito del Perú, as Representative of the Bondholders; to Bolsa de Valores de Lima S.A.; and, to CAVALI S.A. I.C.L.V.
Register, communicate, and disseminate.
Alix Godos
Intendente General
General Intendancy of Conduct Supervision
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The documents this one cites, and the documents that cite it.
“Regulation on Organization and Functions of the Superintendency of the Securities Market, approved by Supreme Decree No. 216-2011-EF”
“Policy on the Dissemination of Regulatory Projects... approved by SMV Resolution No. 014-2014-SMV/01”
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