Resolution of the Assistant Superintendent of Prudential Supervision No. 017-2026-SMV/10 — SMV — PE

PERÚ Ministerio de Economía y Finanzas

Pursuant to Article 1 of Law No. 29782, Law on Strengthening the Supervision of the Securities Market, the name of the National Commission for the Supervision of Companies and Securities (CONASEV) is replaced by that of the Superintendency of the Securities Market (SMV), so that any reference to CONASEV in legal norms shall be understood as a reference to the SMV;
I. FACTS
Within the supervisory functions assigned to the SMV, an evaluation was carried out regarding the timely presentation of eventual and periodic information by ANKA Sociedad Administradora de Fondos de Inversión S.A. (hereinafter, ANKA SAFI) to the Public Registry of the Securities Market (hereinafter, RPMV);

PERÚ Ministerio de Economía y Finanzas

1 Exp. 2022019352
2 Exp. 2023020490
3 Exp. 2023033596
4 Exp. 2023033875
5 Exp. 2023033869
6 Also, pursuant to Article 5 of the STANDARDS, October 31, 2023, is the maximum deadline for the approval and presentation of the individual interim financial statements corresponding to the third quarter.
7 Exp. 2023046239.

PERÚ Ministerio de Economía y Finanzas

SMV
Superintendencia del Mercado de Valores
“Decenio de la Igualdad de Oportunidades para Mujeres y Hombres” “Año de la Esperanza y el Fortalecimiento de la Democracia” Documento electrónico firmado digitalmente en el marco de la Ley N° 27269, Ley de Firmas y Certificados Digitales, su Reglamento y modificatorias. La integridad del documento y la autoría de la(s) firma(s) pueden ser verificadas en https://apps.firmaperu.gob.pe/web/validador.xhtml g. The important fact referred to the call for the Extraordinary Non-Presential General Meeting of Participants of the YAKU SOLES FUND, according to the decision of the General Management of ANKA SAFI of August 11, 2023. This important fact should have been communicated to the RPMV on the day it occurred, notwithstanding it was informed on August 14, 20238; h. The important fact referred to the call for the Extraordinary Non-Presential General Meeting of Participants of the YAKU DOLLARS FUND, according to the decision of the General Management of ANKA SAFI of August 11, 2023. This important fact should have been communicated to the RPMV on the day it occurred, notwithstanding it was informed on August 14, 20239;
i. The important fact referred to the appointment of Mr. Javier Moran Ortiz as director of ANKA SAFI, occurred on May 31, 2023. This important fact should have been communicated on the day it occurred10, notwithstanding it was informed on July 25, 202311;
4. The charges mentioned in the preceding consideration are defined in Annex I, numeral 3, subsection 3.1, of the Sanctions Regulation, approved by SMV Resolution No. 035-2018-SMV/01 (hereinafter, SANCTIONS REGULATION) which prescribes as a minor infraction “To submit outside the established deadline, or to do so incompletely, or, without observing the technical specifications approved by the SMV or without communicating the approval by the corresponding corporate body, to the SMV, to the Stock Exchange, to the entity in charge of the centralized trading mechanism or to any other entity or subject of the securities market, the individual or consolidated audited financial information, the individual or consolidated interim financial statements, management report, special audit report, important facts, and annual reports”;
5. In writing received on January 22, 2026, ANKA SAFI presented the defenses to the observations made;
6. The charges brought, as well as the defenses presented by ANKA SAFI have been the subject of evaluation by the General Superintendent of Prudential Compliance in Report No. 198-2026-SMV/10.3, which has been submitted to the knowledge of this Assistant Superintendency;
7. In observance of the Principle of Due Process contemplated in both Article IV, subsection 1, numeral 1.2 of the Preliminary Title, as well as in Article 248, numeral 2, of the TUO LPAG, through Letter No. 699-2026-SMV/10, the administrative file to which this resolution refers was made available to ANKA SAFI for its review;
II. MATTERS TO BE DETERMINED
8. In the present administrative procedure, in the opinion of this Assistant Superintendency, it corresponds to determine the following:
a. Whether ANKA SAFI committed or did not commit an infraction for not having presented the individual interim financial statements of ANKA SAFI and its respective management report corresponding to the fourth quarter of the 2021 fiscal year, within the deadline established in Article 5 of the STANDARDS; b. Whether ANKA SAFI committed or did not commit an infraction for not having presented the individual interim financial statements of ANKA SAFI corresponding to the first quarter of the 2023 fiscal year, within the deadline established in Article 5 of the STANDARDS;
c. Whether ANKA SAFI committed or did not commit an infraction for not having presented the individual interim financial statements of ANKA SAFI corresponding to the second quarter of the 2023 fiscal year, within the deadline established in Article 5 of the STANDARDS;
d. Whether ANKA SAFI committed or did not commit an infraction for not having presented the individual interim financial statements of the YAKU DOLLARS FUND corresponding to the second quarter of the 2023 fiscal year, within the deadline established in Article 85 of the FI REGULATION; e. Whether ANKA SAFI committed or did not commit an infraction for not having presented the individual interim financial statements of the YAKU SOLES FUND corresponding to the second quarter of 2023, within the deadline established in Article 85 of the FI REGULATION; f. Whether ANKA SAFI committed or did not commit an infraction for not having presented the individual interim financial statements of ANKA SAFI corresponding to the third quarter of the 2023 fiscal year, within the deadline established in Article 5 of the STANDARDS g. Whether ANKA SAFI committed or did not commit an infraction for not having presented the important fact referred to the call for the Extraordinary Non-Presential General Meeting of Participants of the YAKU SOLES FUND, according to the decision of the General Management of ANKA SAFI of August 11, 2023, within the deadline established in Article 9, numeral 9.1 of the RHI; h. Whether ANKA SAFI committed or did not commit an infraction for not having presented the important fact referred to the call for the Extraordinary Non-Presential General Meeting of Participants of the YAKU DOLLARS FUND, according to the decision of the General Management of ANKA SAFI of August 11, 2023, within the deadline established in Article 9, numeral 9.1 of the RHI;
i. Whether ANKA SAFI committed or did not commit an infraction for not having presented the important fact referred to the appointment of Mr. Javier Moran Ortiz as director of ANKA SAFI, occurred on May 31, 2023, within the deadline established in Article 9, numeral 9.1 of the RHI;
j. Whether it corresponds or not to impose a sanction on ANKA SAFI;
III. ANALYSIS
3.1. Of the applicable regulations
9. Regarding the financial information related to the investment funds administered by ANKA SAFI, the provisions of Articles 85 and 86 of the FI REGULATION in force at the time the facts occurred are taken into account, which establish the following:
“Article 85.- Information of the Funds
The Administrating Companies, once the activities of the Fund have begun, must send to the Registry the following information for each Fund:
(…)

c. Interim or unaudited financial statements and the management report, prepared and presented in accordance with applicable accounting standards, for the first three quarters, by April 30, July 31, and October 31 of each year, respectively, and those corresponding to the fourth quarter, by February 15 of each year.
(…)
Article 86.- Submission of information
The audited annual financial statements, the interim financial statements, and other information, for them to be considered presented to the Registry, must comply with the information submission standards established by the SMV.”;
10. Regarding the financial information related to the administrating company, the provisions of Article 133 of the FI REGULATION are observed, which indicates the following:
“Article 133 Financial information of the Administrating Company The Administrating Company must send to the Registry the following information regarding itself:
a) The intermediate financial information, individual and consolidated, and the respective management analysis and discussion, as applicable, in accordance with what is established in the applicable Accounting Standards.
(….)
The deadlines for the presentation of financial information will be established by general norms issued by the SMV. The annual report must be presented on the same occasion as the presentation of the audited annual financial information.”;
11. Pursuant to the above, Articles 2 and 5 of the STANDARDS establish the following:
“Article 2.- Obligation to present financial information and annual report Issuing companies with securities registered in the RPMV, legal entities registered in the RPMV, collective fund administering companies, and Investment Funds, are obliged to present to the SMV their annual individual or separate financial statements and interim individual or separate financial statements and annual report. Additionally, issuing companies with securities registered in the RPMV, legal entities registered in the RPMV whose special regulation requires it, and Investment Funds must prepare the Management Report referred to in Chapter VIII of the Financial Information Regulation, according to the guidelines indicated in the Third Section of the Manual for the preparation of financial information, and present it together with the individual or separate interim financial statements.” “Article 5.- Deadlines for presentation of individual or separate and consolidated interim financial statements Issuing companies with securities registered in the RPMV, legal entities registered in the RPMV, and collective fund administering companies must present to the SMV and, if applicable, to the entities responsible for the conduct of the centralized trading mechanisms, the individual or separate interim financial statements and consolidated interim financial statements, as applicable, on the day they have been approved by the corresponding body. These entities have as the maximum deadline for the respective approval of the individual or separate interim financial statements of the first three quarters April 30, July 31, and October 31 of each year; (…) For the fourth quarter, the maximum deadline for the approval of the individual or separate interim financial statements is February 15 of each year (…)”;
12. Regarding the communication of important facts, ANKA SAFI is subject to Article 140 of the FI REGULATION, which indicates the following:
“Article 140.- Subject to the Regulation on Important Facts The Administrating Company is governed by the Regulation on Important Facts and the provisions on the matter issued by the SMV.
The Administrating Company has the obligation to inform the Registry of the important facts regarding the Administrating Company and the Funds it administers while it maintains Funds registered in the Registry.”;
13. Likewise, regarding some important facts, what is stated in Article 141 of the FI REGULATION must be considered, which provides the following:
“Article 141.- Important Facts and Disclosure
Without prejudice to what is stated in the preceding article, the following qualify as important facts referred to in Article 28 of the LMV:
a) The call to General Assembly (…)”;
14. On the other hand, Articles 5 and 9 of the RHI state the following:
“Article 5.- Information that by its nature may qualify as an important fact
5.1. The Annex that forms part of this Regulation includes an enumerative list of facts, acts, agreements, and decisions, which aims to facilitate the Issuer in the identification, qualification, and classification of information that could qualify as an important fact.
5.2. The scenarios in the Annex must be communicated as important facts when they have the capacity to significantly influence as defined in Articles 3 and 4. If any act, decision, agreement, fact, or ongoing negotiation is not listed in said Annex, it does not necessarily imply that it does not qualify as an important fact, and it must be communicated as such if it complies with what is stated in the cited articles.
What is stated in this numeral is not applicable to specific scenarios contained in the current regulations approved by the SMV that qualify certain scenarios as important facts.
5.3. In all cases, the Issuer must act diligently to communicate its important facts, and in case of doubt about whether information qualifies as an important fact, it must opt to reveal it as such.
Any reference to Annex in this article shall be understood as referring to Annex 1” “Article 9.- Opportunity to inform important facts
9.1. The Issuer must inform its important fact as soon as such fact occurs or the Issuer takes knowledge of it, and in no case later than the day it has occurred or has been known. This information must be communicated to the SMV before any other person, entity, or means of dissemination, and simultaneously when it corresponds to the Stock Exchange or to the entity administering the respective centralized trading mechanism. This is independent of whether the information has been generated or not within the Issuer itself.

PERÚ Ministerio de Economía y Finanzas

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