Individual decision · SMV · 18 Jan 2024
The General Intendancy of Supervision of Entities declared ex officio the abandonment of the procedure initiated by El Dorado Asset Management Sociedad Administradora de Fondos S.A. concerning its request for exceptions to be applied to the stock fund "Peru Soberano Van Eck El Dorado ID ETF". The procedure was abandoned because the company failed to correct observations made in Official Letter No. 5074-2023-SMV/10.2 within the 30-business-day period under article 202 of the Single Ordered Text of the General Administrative Procedure Law. The resolution enters into force on the day of its notification.
No. 002-2024-SMV/10.2
Lima, 18 January 2024
The General Intendant of Supervision of Entities
File No. 2023044901, initiated by El Dorado Asset Management Sociedad Administradora de Fondos S.A., regarding the request for exceptions to be applied to the stock fund named "Peru Soberano Van Eck El Dorado ID ETF";
That, by communication received on 26 October 2023, El Dorado Asset Management Sociedad Administradora de Fondos S.A., requested the Superintendency of the Securities Market- SMV, among other aspects, that for the stock fund named "Peru Soberano Van Eck El Dorado ID ETF", a price provider company not registered in the Public Registry of the Securities Market be used, exceptionally, provided it is a global company with recognized experience in the capital markets;
That, by Official Letter No. 5074-2023-SMV/10.2 of 9 November 2023, observations were made to said request;
That, to date El Dorado Asset Management Sociedad Administradora de Fondos S.A. has not responded to the previously cited official letter, remaining pending the correction of the observations made to its request;
That, article 202 of the Single Ordered Text of the General Administrative Procedure Law, approved by Supreme Decree No. 004-2019- JUS, provides that in procedures initiated at the request of a party, when the administrated party fails to comply with any procedure that had been required of it that produces the paralysis of the procedure for thirty (30) business days, the authority ex officio or at the request of the administrated party shall declare the abandonment of the procedure;
That, having elapsed in excess the period indicated by article 202 of the Single Ordered Text of the General Administrative Procedure Law, without El Dorado Asset Management Sociedad Administradora de Fondos S.A. having complied with correcting the observations made by Official Letter No. 5074-2023-SMV/10.2 of 9 November 2023, it proceeds to declare ex officio the abandonment of the initiated procedure and, consequently, to consider the administrative procedure concluded; and,
In accordance with the provisions of numeral 11 of article 38 of the Regulation of Organization and Functions of the Superintendency of the Securities Market, approved by Supreme Decree No. 216-2011-EF;
Article 1.- To declare ex officio the abandonment of the procedure initiated by El Dorado Asset Management Sociedad Administradora de Fondos S.A., regarding the request for exceptions to be applied to the stock fund named "Peru Soberano Van Eck El Dorado ID ETF".
Article 2.- This resolution shall enter into force on the day of its notification.
Article 3.- To transcribe this resolution to El Dorado Asset Management Sociedad Administradora de Fondos S.A.
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Armando Manco Manco
General Intendant
General Intendancy of Supervision of Entities
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“In accordance with the provisions of numeral 11 of article 38 of the Regulation of Organization and Functions of the Superintendency of the Securities Market, approved by Supreme Decree No. 216-2011-EF;”
“That, article 202 of the Single Ordered Text of the General Administrative Procedure Law, approved by Supreme Decree No. 004-2019- JUS, provides that...”
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