PERÚ Ministerio de Economía y Finanzas
SMV
Superintendency of the Market de Valores

“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"

Resolution of the General Intendancy of Supervision of Entities

No. 139-2024-SMV/10.2

Lima, 14 October 2024

The General Intendant of Supervision of Entities(e)

WHEREAS:

File No. 2024029482 initiated by Grupo Coril Sociedad Titulizadora S.A., as well as Report No. 1324-2024-SMV/10.2 dated 14 October 2024 from the General Intendancy of Supervision of Entities;

CONSIDERING:

That, in accordance with the provisions of articles 300 and 313 of the Single Ordered Text of the Securities Market Law, Supreme Decree No. 20-2023-EF and its amendments, in securitization trusts, the securitization company acting as trustee is the one that carries out the issuance of the securities backed by the trust estate;

That, in accordance with article 70 of the Regulation of Asset Securitization Processes, approved by CONASEV Resolution No. 001-97-EF/94.10 and its amendments, the denomination “Real Estate Investment Securitization Trust – FIBRA” or the abbreviation “FIBRA” may only be used by securitization trusts that comply with the requirements set forth in article 71 of said regulation;

That, in accordance with article 71 of the Regulation of Asset Securitization Processes, Real Estate Investment Securitization Trusts – FIBRA are those whose participation certificates have been placed exclusively by primary public offering and whose purpose is the acquisition or construction of real estate intended for lease or another onerous form of transfer of use, and provided that, in addition, the requirements determined in said norm are met;

That, by Resolution of the General Intendancy of Supervision of Entities No. 100-2018-SMV/10.2 of 29 August 2018, the advance procedure was approved and the participation certificate program denominated “First FIBRA PRIME Participation Certificate Issuance Program” was registered up to a maximum issuance amount of US$ 500 000 000,00 (five hundred million and 00/100 United States Dollars), as well as the corresponding framework prospectus and the “Trust Estate – D. Leg. No. 861, Title XI – Real Estate Investment Securitization Trust – FIBRA – PRIME” in the Public Registry of the Securities Market;

That, the Trust Estate – D. Leg. No. 861, Title XI – Real Estate Investment Securitization Trust – FIBRA – PRIME and the securities issued under the First FIBRA PRIME Participation Certificate Issuance Program to date are registered in the Public Registry of the Securities Market and have not been excluded from it;

That, article 48 of the Regulation of Asset Securitization Processes states that the registration of a program is valid for up to six years counted from the business day following the approval of the resolution that orders its registration in the Public Registry of the Securities Market and that the issuer may request a new registration of the same securities issuance program based on the constitutive act that supported the prior registration of the program and on the amendments that may have been agreed;

That, the so-called “Constitutive Act of Trust Estate – D. Leg. No. 861, Title XI - Real Estate Investment Securitization Trust – FIBRA – PRIME”, elevated to public deed on 24 August 2018 before Public Notary of Lima Víctor Tinageros Loza and amended on subsequent occasions, contemplates in its numeral 8.2 the power of the trustee to request from the SMV a new registration of the First FIBRA PRIME Participation Certificate Issuance Program;

That, by extraordinary session of the Technical Committee of the Trust Estate – D. Leg. No. 861, Title XI – Real Estate Investment Securitization Trust – FIBRA – PRIME of 12 June 2024, with the participation of representatives of Grupo Coril Sociedad Titulizadora S.A. and Administradora Prime S.A., it was agreed to approve the re-registration of the First FIBRA PRIME Participation Certificate Issuance Program and to instruct Grupo Coril Sociedad Titulizadora S.A. in its capacity as trustee so that, in accordance with numeral 8.2 of the Constitutive Act and article 48 of the Regulation of Asset Securitization Processes, it request a new registration thereof;

That, by communications submitted up to 10 October 2024, Grupo Coril Sociedad Titulizadora S.A. requested from the Superintendency of the Securities Market a new registration of the First FIBRA PRIME Participation Certificate Issuance Program and the registration of the corresponding framework prospectus, which contains fundamental variations, in the Public Registry of the Securities Market;

That, from the evaluation of the documentation submitted it has been determined that Grupo Coril Sociedad Titulizadora S.A. has complied with the provisions of the Single Ordered Text of the Securities Market Law, the Regulation of Asset Securitization Processes and its amendments, the Regulation of Primary Public Offering and Sale of Securities, approved by Conasev Resolution No. 141-98-EF/94.10 and its complementary norms, as well as with the requirements contained in the Single Text of Administrative Procedures of the Superintendency of the Securities Market, approved by Superintendent Resolution No. 023-2015-SMV/02; as developed in Report No. 1324-2024-SMV/10.2 of the General Intendancy of Supervision of Entities;

In accordance with the provisions of Article 332 of the Single Ordered Text of the Securities Market Law; the Regulation of Asset Securitization Processes; as well as Article 38, numeral 8, of the Regulation of Organization and Functions of the Superintendency of the Securities Market, approved by Supreme Decree No. 216-2011-EF.h

RESOLVES:

Article 1.- To approve the advance procedure and register the participation certificate program called “First FIBRA PRIME Participation Certificate Issuance Program” up to a maximum placement amount of US$ 500 000 000,00 (five hundred million and 00/100 United States Dollars) or its equivalent in Soles, and to order the registration of the corresponding framework prospectus in the Public Registry of the Securities Market.

Article 2.- The approval, inscription and registration referred to in Article 1 of this resolution does not imply that the Superintendency of the Securities Market recommends investment in the securities issued under said program or expresses a favorable opinion on the business prospects. The documents and information for a complementary evaluation are available to interested parties in the Public Registry of the Securities Market.

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

Article 4.- Transcribe this resolution to Grupo Coril Sociedad Titulizadora S.A. in its capacity as trustee; Administradora Prime S.A. in its capacity as management company and originator; the Bolsa de Valores de Lima S.A. and Cavali S.A. ICLV.

Register, communicate and publish.

Marcela Seraylan Ormachea
General Superintendent (e)
General Superintendency for Supervision of Entities