Resolution of the General Intendancy of Supervision of Entities

No. 037-2024-SMV/10.2

Lima, 12 April 2024

The General Intendant of Supervision of Entities

WHEREAS:

File No. 2024008453 submitted by Diviso Fondos Sociedad Administradora de Fondos S.A., as well as Report No. 454-2024-SMV/10.2 of 11 April 2024, prepared by the General Intendancy of Supervision of Entities of the Superintendency of the Securities Market;

CONSIDERING:

That, by means of writings submitted up to 05 April 2024, Diviso Fondos Sociedad Administradora de Fondos S.A. requested the Superintendency of the Securities Market to exclude the investment fund named “Diviso Inversión en Acreencias Fondo de Inversión” from the Public Registry of the Securities Market;

That, by means of Official Letter No. 1203-2024-SMV/10.2 of 26 March 2024, Diviso Fondos Sociedad Administradora de Fondos S.A. was requested to provide a copy of the powers of attorney of the representatives of the participants of the investment fund named “Diviso Inversión en Acreencias Fondo de Inversión”, who represented them at the general meeting of participants of 28 February 2024, at which the decision to exclude the aforementioned investment fund was adopted. This, in accordance with the provisions of article 120, literal c) numeral 4 of the Regulation of Investment Funds and their Management Companies, approved by SMV Resolution No. 029-2014-SMV-01 and its amendments;

That, on 01 April 2024, Diviso Fondos Sociedad Administradora de Fondos S.A. submitted the copy of the powers of attorney of the representatives of the participants of the aforementioned investment fund;

That, by means of Official Letter No. 1297-2024-SMV/10.2 of 02 April 2024, the request for the copy of the powers of attorney of the representatives of the participants was reiterated, because in the special powers of attorney submitted, a time of celebration of the participants' meeting was indicated that was different from the time at which it actually took place, as indicated in the minutes of the participants' meeting submitted previously;

That, on 03 April 2024, Diviso Fondos Sociedad Administradora de Fondos S.A. submitted the validity periods of the powers of attorney of the same representatives;

That, by means of Official Letter No. 1347-2024-SMV/10.2 of 04 April 2024, the request made by means of Official Letters No. 1203-2024-SMV/10.2 and 1297-2024-SMV/10.2 was reiterated, because the validity periods of the powers of attorney sent did not allow accrediting that the representatives had sufficient faculties to exercise their representation at the participants' meetings of investment funds;

That, on 05 April 2024, Diviso Fondos Sociedad Administradora de Fondos S.A. submitted the copy of the powers of attorney of the representatives of the participants of the investment fund;

That, from a joint review of all the documentation sent to date, it is noted that on 26 February 2024 at 11:00 a.m., Diviso Fondos Sociedad Administradora de Fondos S.A. would have received the powers of attorney of the representatives of the participants;

That, Diviso Fondos Sociedad Administradora de Fondos S.A. in its writing of 03 April 2024, indicated that a typographical error had been made in the powers of attorney, specifically, in the recording of the time of the participants' meeting, a relevant aspect of the convocation. Therefore, it subsequently submitted validity periods of powers of attorney of the representatives of the participants, without the necessary faculties. Finally, it submitted the powers of attorney, with a reception date of 26 February 2024 at 11:00 am, and with the time of the Participants' Meeting at 12:00. From the visualization of the document, it is evident that the correction would have been made by superimposing a paper with said time;

That, in view of this, Diviso Fondos Sociedad Administradora de Fondos S.A. would not have had the powers of attorney signed by the representatives, but rather these would have been corrected after the Participants' Meeting in a relevant aspect. Likewise, without prejudice to the fact that the correct powers of attorney should have been available before the Participants' Meeting, it was also not verified that the grantors had granted their authorization for the correction;

That, in view of this, Diviso Fondos Sociedad Administradora de Fondos S.A. has not complied with submitting all the documentation required to proceed with the exclusion of the investment fund requested through observations made and reiterated by Official Letters No. 1203-2024-SMV/10.2, 1297-2024-SMV/10.2 and 1347-2024-SMV/10.2;

That, in application of the provisions of literal c), numeral 4, article 120 of the Regulation of Investment Funds and their Management Companies, it is appropriate to deny the request for exclusion of the investment fund named “Diviso Inversión en Acreencias Fondo de Inversión”, in accordance with the provisions of Report No. 454-2024-SMV/10.2; and,

In accordance with the provisions of article 38, numeral 7, of the Regulation of Organization and Functions of the Superintendency of the Securities Market, approved by Supreme Decree No. 216-2011-EF and its amendments;

RESOLVES:

Article 1.- To deny the request for exclusion of the investment fund named Diviso Inversión en Acreencias Fondo de Inversión.

Article 2.- To require Diviso Fondos Sociedad Administradora de Fondos S.A. to inform the participants of Diviso Inversión en Acreencias Fondo de Inversión of the provisions of article 1 of this Resolution.

Article 3.- To order the dissemination of this resolution on the Securities Market Portal of the Superintendency of the Securities Market (www.gob.pe/smv).

Article 4.- To transcribe this resolution to Diviso Fondos Sociedad Administradora de Fondos S.A. and to Diviso Bolsa Sociedad Agente de Bolsa S.A., in its capacity as custodian.

Register, communicate and publish.

Armando Manco Manco
General Intendant
General Intendancy of Supervision of Entities