Individual decision · SMV · 30 Apr 2024
The SMV orders the exclusion of the "Second Issue" of COFIDE's "Third Program of Short-Term Debt Representative 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 exclusion falls within the exception to the Public Tender Offer for Exclusion requirement. The resolution is to be disseminated on the SMV website and transcribed to COFIDE, the Lima Stock Exchange, and CAVALI S.A. I.C.L.V.
Electronically signed document within the framework of Law No. 27269, Law on 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
Lima, 30 de abril de 2024
The General Superintendent of Conduct Supervision
File No. 2024014484, as well as Internal Report No. 432-2024-SMV/11.1, of the General Superintendency of Conduct Supervision of the Deputy Superintendency of Market Conduct Supervision.
Whereas, by means of a document filed on 02 April 2024, Corporación Financiera de Desarrollo S.A. – COFIDE requested the Superintendency of the Securities Market – SMV, through the Single Window system, the exclusion of the securities denominated "Segunda Emisión" from the "Tercer Programa de Instrumentos Representativos de Deuda de Corto Plazo de COFIDE" 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;
Whereas, it has been verified that on 23 May 2019, within the framework of an early procedure and under an automatic approval procedure, the issuance program denominated "Tercer Programa de Instrumentos Representativos de Deuda de Corto Plazo de COFIDE" was registered, for up to a maximum amount in circulation of US$ 200’000,000.00 (Two Hundred Million and 00/100 United States of America Dollars) or its equivalent in Soles, and the corresponding Master Prospectus was registered in the Public Registry of the Securities Market;
Whereas, within the framework of the "Tercer Programa de Instrumentos Representativos de Deuda de Corto Plazo de COFIDE", on 23 December 2020, under an automatic approval procedure, the securities denominated "Segunda Emisión" were registered, for up to a maximum amount in circulation of S/300’000,000.00 (Three Hundred Million and 00/100 Soles), and the respective Supplement to the Master Prospectus was registered in the Public Registry of the Securities Market and, subsequently, in the Securities Registry of the Lima Stock Exchange;
Whereas, in accordance with the provisions of article 20, item 20.1, of the Regulation on Registration and Exclusion of Securities in the Public Registry of the Securities Market and on the Trading Floor, approved by Resolution SMV No. 031-2012-SMV/01 and its amending regulations, the SMV forwarded the
Document electronically signed digitally within the framework of Law No. 27269, Law on 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
request for exclusion from the Lima Stock Exchange, without said entity having raised any objections to the documentation submitted;
Whereas, from the evaluation of the documentation submitted by Corporación Financiera de Desarrollo S.A. – COFIDE, the submission of the documents relating to the total cancellation of the obligations arising from the securities designated «Second Issue» of the «Third Program of Short-Term Debt Instrument Representatives of COFIDE» has been verified;
Whereas, 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 N° 861, approved by Supreme Decree N° 020-2023-EF, as well as by the Regulation on the Registration and Exclusion of Securities in the Public Registry of the Securities Market and on the Trading Floor, for the purpose of the exclusion of the securities designated "Second Issue" of the "Third Program of Short-Term Debt Instrument Representations of COFIDE";
Whereas, Article 39, subsection b), of the Single Text of the Securities Market Law; as well as Articles 20 and 23 of the Regulation on the Registration and Exclusion of Securities in the Public Registry of the Securities Market and on the Trading Floor, establish that the exclusion 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 another cause;
Whereas, regarding the obligation to carry out a Public Tender Offer for Exclusion – PTO when a security is excluded 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 Tender Offers and Purchase of Securities by Exclusion, approved by CONASEV Resolution N° 009-2006-EF/94.10 and its amending regulations; it must be noted that the exclusion of the securities designated "Second Issue" of the "Third Program of Short-Term Debt Instrument Representations of COFIDE" falls within the exception ground for not carrying out a PTO, contemplated both in Article 23 of the Regulation on the Registration and Exclusion of Securities in the Public Registry of the Securities Market and on the Trading Floor, and in Article 37, subsection a), of the Regulation on Public Tender Offers and Purchase of Securities by Exclusion;
Whereas, Article 7, item 6, of the Policy on the Dissemination of Regulatory Projects, General Legal Norms, Early Agenda and Other Administrative Acts of the SMV, approved by SMV Resolution Nº 014-2014-SMV/01 and its amending regulations, establishes that the decisions contained in administrative resolutions that resolve the exclusion 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 for the Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange; as well as Article 46, numeral 6, of the Regulation of Organization and Functions of the Superintendency of the Securities Market,
Electronic document digitally signed within the framework of Law No. 27269, Law of Signatures and Digital Certificates, its Regulation 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, approved by Supreme Decree No. 216-2011-EF and its amendments, which empowers the General Superintendency of Conduct Supervision to order the exclusion of securities from the Public Registry of the Securities Market.
Article 1.- To order the exclusion of the securities called «Second Issue» of the «Third Program of Short-Term Debt Representative Instruments of COFIDE» from the Public Registry of the Securities Market.
Article 2.- To 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.- To disseminate this resolution on the Institutional Page of the SMV on the Single Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe/smv).
Article 4.- To transcribe this resolution to Corporación Financiera de Desarrollo S.A. – COFIDE, as issuer; 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 Superintendency of Conduct Supervision
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The documents this one cites, and the documents that cite it.
“approved by SMV Resolution Nº 014-2014-SMV/01 and its amending regulations”
“approved by CONASEV Resolution N° 009-2006-EF/94.10 and its amending regulations”
“approved by Resolution SMV No. 031-2012-SMV/01 and its amending regulations”
“approved by Supreme Decree No. 216-2011-EF and its amendments”
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