Individual decision · SMV · 8 Mar 2024
The SMV orders the exclusion of the securities called "Fifth Issue" of the "Fourth Program of Debt Representative Instruments of COFIDE" from the Public Registry of the Securities Market, following total cancellation of the obligations. It also rules in favor of excluding those securities from the Securities Registry of the Lima Stock Exchange. The resolution is to be disseminated on the SMV's institutional page and transcribed to COFIDE, Banco de Crédito del Perú, the Lima Stock Exchange, and CAVALI S.A. I.C.L.V.
Electronic document fi rmado digitally within the framework of Law No. 27269, Law of Fi rmas and Digital Certificates, its Regulations and amendments.
The integrity of the document and the authorship of the( s) fi rma( s) can be verified at https://apps. fi rmaperu.gob.pe/web/validador.xhtml
Lima, 08 March 2024
The General Intendant of Conduct Supervision
File No. 2024005761, as well as Internal Report No. 296-2024-SMV/11.1, of the General Intendancy of Conduct Supervision of the Assistant Superintendency of Market Conduct Supervision.
That, by letter submitted on 12 February 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 called «Fifth Issue» of the «Fourth Program of Debt Representative Instruments of COFIDE» from the Public Registry of the Securities Market and from the Securities Registry of the Lima Stock Exchange, due to total cancellation of the obligations derived from them;
That, it has been verified that by Resolution of the General Intendancy SMV No. 029-2013-SMV/11.1 of 25 March 2013, within the framework of an anticipated procedure and under an automatic approval procedure, the issuance program called «Fourth Program of Debt Representative Instruments of COFIDE» was registered, up to a maximum outstanding amount of US$ 400’000,000.00 (Four Hundred Million and 00/100 United States Dollars) or its equivalent in Soles, and the corresponding Framework Prospectus was registered in the Public Registry of the Securities Market;
That, within the framework of the «Fourth Program of Debt Representative Instruments of COFIDE», on 22 January 2015, under an automatic approval procedure, the securities called «Fifth Issue» were registered, up to a maximum amount of S/ 100’000,000.00 (One Hundred Million and 00/100 Soles), and the corresponding Supplement to the Framework 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, numeral 20.1, of the Regulation for the Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange, approved by SMV Resolution No. 031-2012-SMV/01 and its amending norms, the SMV forwarded the exclusion request to the Lima Stock Exchange, without said entity having made observations to the documentation submitted;
That, from the evaluation of the documentation submitted by Corporación Financiera de Desarrollo S.A. – COFIDE, the submission of the documents referring to the total cancellation of the obligations derived from the securities called «Fifth Issue» of the «Fourth Program of Debt Representative Instruments of COFIDE» has been verified;
That, Corporación Financiera de Desarrollo S.A. – COFIDE has submitted the information and documentation required by the Single Ordered Text of the Securities Market Law, Legislative Decree No. 861, approved by Supreme Decree No. 020-2023-EF, as well as by the Regulation for the Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange, for the purposes of the exclusion of the securities «Fifth Issue» of the «Fourth Program of Debt Representative Instruments of COFIDE»;
That, article 39, literal b), of the Single Ordered Text of the Securities Market Law; as well as articles 20 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, 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 extinction of the rights over the security occurs, by amortization, total redemption or other cause;
That, with respect to the obligation to carry out a Public Tender Offer for Exclusion – OPC when a security is excluded from the Public Registry of the Securities Market, established in article 41 of the Single Ordered Text of the Securities Market Law and in article 32 of the Regulation of Public Tender Offer for Acquisition and Purchase of Securities for Exclusion, approved by CONASEV Resolution No. 009-2006-EF/94.10 and its amending norms, it must be noted that the exclusion of the securities called «Fifth Issue» of the «Fourth Program of Debt Representative Instruments of COFIDE» is within the exception cause for the non-realization of an OPC, contemplated both in article 23 of the Regulation for the Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange, and in article 37, literal a), of the Regulation of Public Tender Offer for Acquisition and Purchase of Securities for Exclusion;
That, article 7, numeral 6, of the Policy on 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 norms, 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 Institutional Page of the SMV on the Single Digital Platform of the Peruvian State for Citizen Orientation (www.gob.pe/smv); and,
In accordance with the provisions of Article 39, paragraph 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 on the Stock Exchange; as well as Article 46, numeral 6, 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, which
Electronic document di gitally signed under Law No. 27269, Law of Di gital Signatures and Certificates, its Regulation and amendments.
The integrity of the document and the authorship of the( s) si gnature( s) can be verified at https://apps. fi rmaperu.gob.pe/web/validador.xhtml
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 «Fifth Issue» of the «Fourth Program of 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).al
Article 4.- To 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 the Lima Stock Exchange S.A.; and to CAVALI S.A. I.C.L.V.
Register, communicate and disseminate.
Signed by: GODOS GARCIA Alix Fernando | Reason:
Alix Godos
General Superintendent
General Superintendency of Conduct Supervision
Electronic document di gitally signed under Law No. 27269, Law of Di gital Signatures and Certificates, its Regulation and amendments.
The integrity of the document and the authorship of the( s) si gnature( s) can be verified at https://apps. fi rmaperu.gob.pe/web/validador.xhtml
Note from RegAlert. AI assistants can read this document in full, and search 70,000+ more, through the RegAlert MCP connector (https://mcp.regalert.today/mcp). Free with an account. How to connect ChatGPT, Claude or Cursor.
The documents this one cites, and the documents that cite it.
“approved by SMV Resolution No. 014-2014-SMV/01 and its amending norms, establishes that the decisions contained”
“approved by SMV Resolution No. 031-2012-SMV/01 and its amending norms, the SMV forwarded the exclusion request”
“approved by Supreme Decree No. 216-2011-EF and its amendments, which empowers the General Superintendency”
More like this from SMV
SMV published 34 documents in the last 30 days. We email you each new one the day it's published.
Source: Superintendencia del Mercado de Valores (Peru) — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
In RegAlert: added