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 008-2024-SMV/10.2

Lima, 30 January 2024

The General Intendant of Supervision of Entities

WHEREAS:

File Nº 2023017611, regarding the request submitted by CAVALI S.A. ICLV (hereinafter, CAVALI), for approval of the amendment of articles fourth, sixth and thirtieth of the bylaws of CAVALI;

CONSIDERING:

That, by communication received on 19 April 2023, CAVALI requested the Superintendency of the Securities Market – SMV for approval of the amendment of articles fourth, sixth and thirtieth of the Bylaws agreed by the Mandatory Annual Shareholders' Meeting;

That, by Official Letters Nº 2362-2023-SMV/10.2 and N° 5078-2023-SMV/10.2 of 23 May 2023 and 9 November 2023, respectively, observations were made to the request submitted by CAVALI and a period of ten (10) business days was granted for its correction;

That, by Official Letters N° 2571-2023-SMV/10.2 and Nº 5365-2023- SMV/10.2 of 6 June 2023 and 24 November 2023, respectively, the period for the correction of the observations made by the official letters mentioned in the preceding paragraph was extended, by five (05) business days and ten (10) business days, respectively;

That, by letter of 11 December 2023, CAVALI indicated that in its last Board meeting, held on 30 November 2023, it was agreed that the response to the observations and the continuity of the approval procedure of the statutory amendment be carried out once the results of the Public Offer of Acquisition (OPA) to be carried out in the coming months on the shares of CAVALI are known;

That, to date more than thirty (30) business days have elapsed counted from the expiration of the correction period granted by Official Letter Nº 5365-2023-SMV/10.2, without CAVALI having complied with correcting the observations made to it;

That, article 202 of the Single Ordered Text of the General Administrative Procedure Law, approved by Supreme Decree N° 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, Law N° 27444, without CAVALI having complied with correcting the observations made by Official Letters Nº 2362-2023-SMV/10.2 and N° 5078-2023-SMV/10.2 of 23 May 2023 and 9 November 2023, respectively, 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 article 202 of the Single Ordered Text of the General Administrative Procedure Law, Law N° 27444; subsection 1 of article 4 of Resolution CONASEV Nº 089-2005-EF/94.10; and, 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.

RESOLVES:

Article 1°.- Declare ex officio the abandonment of the procedure initiated by CAVALI S.A. ICLV regarding the request for approval of the amendment of articles fourth, sixth and thirtieth of the bylaws and, consequently, consider this administrative procedure concluded.

Article 2°.- This resolution shall enter into force on the day of its notification.

Article 3°.- Transcribe this resolution to CAVALI S.A. ICLV.

Register, communicate and publish.

Armando Manco Manco
General Intendant
General Intendancy of Supervision of Entities