Individual decision · SMV · 7 Mar 2024
The General Intendancy of Conduct Supervision orders the registration of the Class "A" common shares of Inversiones Portuarias Chancay S.A.A. in the Public Registry of the Securities Market and rules in favor of their registration in the Securities Registry of the Lima Stock Exchange. The registration did not entail verification, inspection, or auditing of the information submitted, nor an examination of the issuer's economic-financial situation, and does not imply certification of the securities' soundness, the issuer's solvency, or the risks of the security or the offer. The resolution is to be disseminated on the SMV Institutional Page and transcribed to the issuer, the Lima Stock Exchange, and CAVALI S.A. I.C.L.V.
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Lima, 07 March 2024
The General Intendant of Conduct Supervision
File No. 2023050189, as well as Internal Report No. 304-2024-SMV/11.1, of the General Intendancy of Conduct Supervision of the Assistant Superintendency of Market Conduct Supervision.
That, by means of writings submitted on 01 and 20 December 2023, Inversiones Portuarias Chancay S.A.A. requested the Superintendency of the Securities Market – SMV, through the Single Window system, the registration of the common shares representing its share capital Class «A», in the Public Registry of the Securities Market and in the Securities Registry of the Lima Stock Exchange;
That, from the review carried out on the documentation and information submitted as support for the request to which this resolution refers, it is noted that in the General Shareholders' Meeting of Inversiones Portuarias Chancay S.A.A., of 25 October 2023, it was agreed, among others, the registration of all the common shares representing the share capital Class «A» of the referred company in the Public Registry of the Securities Market and in the Securities Registry of the Lima Stock Exchange;
That, in accordance with the provisions of article 7, subsection 7.3, of the Regulation for Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange, approved by Resolution No. 031-2012-SMV/01 and its amending norms, the Lima Stock Exchange S.A., by means of Letter EMI-658/2023, sent to the Superintendency of the Securities Market – SMV the conclusions of its evaluation of the documentation and information submitted by Inversiones Portuarias Chancay S.A.A. for the purposes of the procedure;
That, on 06 March 2024, Inversiones Portuarias Chancay S.A.A. completed the documentation and information requirements observed by the Superintendency of the Securities Market – SMV, within the framework of the Single Ordered Text of the Securities Market Law, Legislative Decree No. 861, approved by Supreme Decree No. 020-2023-EF and the Regulation for Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange;
PERÚ Ministry of Economy and Finance
SMV
Superintendency of the Market of Securities
“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"
That, in accordance with the provisions of articles 3 and 210 of the Single Ordered Text of the Securities Market Law, any limitation to the free transferability of securities contained in the bylaws lacks legal effects, as well as once the securities are registered in the Public Registry of the Securities Market, the accounting record of the securities clearing and settlement institution shall prevail, with respect to any other registry of the issuing company of said securities;
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 the administrative resolutions that resolve, among others, the registration of securities in 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 19 and following of the Single Ordered Text of the Securities Market Law, articles 6, 7 and 8 of the Regulation for 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, approved by Supreme Decree No. 216-2011-EF and its amending norms, which empowers the General Intendancy of Conduct Supervision to order the registration of securities in the Public Registry of the Securities Market.
Article 1.- To order the registration of the common shares representing the share capital Class «A» of Inversiones Portuarias Chancay S.A.A. in the Public Registry of the Securities Market, under the charge of the Superintendency of the Securities Market – SMV.
Article 2.- To rule in favor of the registration of the securities indicated in the preceding article in the Securities Registry of the Lima Stock Exchange.
Article 3.- The registration of the securities to which this resolution refers has not entailed administrative activities of verification or inspection, nor auditing of the information submitted, nor an examination of the economic – financial situation of the issuer, in accordance with the provisions of article 21 of the Single Ordered Text of the Securities Market Law.
Likewise, the registration of the aforementioned securities does not imply certification by the Superintendency of the Securities Market – SMV regarding their soundness, the solvency of the issuer, nor the risks of the security or the offer; the issuer being responsible for the veracity of the information submitted to the market, in accordance with the provisions of articles 13 and 24 of the Single Ordered Text of the Securities Market Law.
Article 4.- Disseminate this resolution on the SMV Institutional Page on the Single Digital Platform of the Peruvian State for Citizen Guidance (www.gob.pe/smv).
Electronic document di gitally signed under the framework of Law No. 27269, Law on Di gital Signatures and Certificates, its Regulations 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
Article 5.- Transcribe this resolution to Inversiones Portuarias Chancay S.A.A., as issuer; to the Bolsa de Valores de Lima S.A.; and, to CAVALI S.A. I.C.L.V.
Register, communicate and disseminate.
Alix Godos
General Intendant
General Intendancy of Conduct Supervision
Electronic document di gitally signed under the framework of Law No. 27269, Law on Di gital Signatures and Certificates, its Regulations 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
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The documents this one cites, and the documents that cite it.
“Reglamento de Organización y Funciones de la Superintendencia del Mercado de Valores, aprobado por Decreto Supremo N° 216-2011-EF”
“Política de Difusión de Proyectos Regulatorios... aprobada por Resolución SMV N° 014-2014-SMV/01”
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