Individual decision · SMV · 10 May 2024
The Superintendency of the Securities Market ordered the exclusion of the securitization bonds of the First Issuance of the Second Securitization Bond Program – Inmuebles Panamericana from the Public Registry of the Securities Market, following their total cancellation. It also approved their exclusion from the Securities Registry of the Lima Stock Exchange S.A., ordered the exclusion of the Second Securitization Bond Program – Inmuebles Panamericana, and ordered the ex officio exclusion of the related trust estate from the Public Registry of the Securities Market.
No. 056-2024-SMV/10.2
Lima, 10 May 2024
The General Intendant of Supervision of Entities
File No. 2024015952 submitted by Credicorp Capital Sociedad Titulizadora S.A., as well as Report No. 599-2024-SMV/10.2 dated 09 May 2024 from the General Intendancy of Supervision of Entities of the Superintendency of the Securities Market;
That, by Resolution of the General Intendancy of Supervision of Entities No. 002-2012-SMV/10.2 dated 06 January 2012, the registration of the securitization bond program called “Second Securitization Bond Program – Inmuebles Panamericana”, of the bonds corresponding to the first issuance called “First Issuance of the Second Securitization Bond Program - Inmuebles Panamericana”, of the trust estate called “Trust Estate – D. Leg. No. 861, Title XI, Inmuebles Panamericana – Second Program”, as well as the framework prospectus of the referred program and the complementary prospectus of the first issuance, in the Public Registry of the Securities Market was ordered;
That, by communication submitted on 11 April 2024, Credicorp Capital Sociedad Titulizadora S.A. requested the exclusion of the securities corresponding to the first issuance of the “Second Securitization Bond Program – Inmuebles Panamericana” from the Public Registry of the Securities Market and from the Securities Registry of the Lima Stock Exchange S.A.;
That, in support of its request, Credicorp Capital Sociedad Titulizadora S.A. submitted a copy of the testimony of the public deed of the agreement of “Total Cancellation of the First Issuance of the Trust Estate – D. Leg. 861, Title XI, Inmuebles Panamericana – Second Program placed by Public Offering”, granted by Credicorp Capital Sociedad Titulizadora S.A. as trustee and by Inmuebles Panamericana S.A., as originator of the “Trust Estate – D. Leg. No. 861, Title XI, Inmuebles Panamericana – Second Program”, before notary Eduardo Laos de Lama, on 05 December 2019;
That, in the second clause of the agreement of “Total Cancellation of the First Issuance of the Trust Estate – D. Leg. 861, Title XI, Inmuebles Panamericana – Second Program placed by Public Offering”, Credicorp Capital Sociedad Titulizadora S.A. declares that on 21 October 2019, it made through CAVALI S.A. ICLV, the payment of the entire principal and interest corresponding to the first issuance, as stated in the certificate sent by CAVALI S.A. ICLV dated 22 October 2019;
That, in accordance with the provisions of article 39, literal b) of the Single Ordered Text of the Securities Market Law, Supreme Decree No. 020-2023-EF; in accordance with the provisions of article 23, first paragraph, subsection i) of the Regulation for 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 amendments, the exclusion of a security from the Public Registry of the Securities Market proceeds at the request of the issuer, by reasoned resolution of the Superintendency of the Securities Market, when the rights over the security have been extinguished, by amortization, total redemption or other cause, without the need to carry out a public offering of purchase referred to in article 41 of the Single Ordered Text of the Securities Market Law;
That, in accordance with the provisions of article 21 of the Regulation for Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange, compliance with the requirements for the exclusion of the bonds corresponding to the first issuance called “First Issuance of the Second Securitization Bond Program - Inmuebles Panamericana”, from the Public Registry of the Securities Market, as a consequence of their cancellation, was verified, as developed in Report No. 599-2024-SMV/10.2 dated 09 May 2024, of the General Intendancy of Supervision of Entities;
That, in view of the foregoing, it is appropriate to exclude the securities corresponding to the first issuance of the “Second Securitization Bond Program – Inmuebles Panamericana”, in application of the provisions of article 48 of the Regulation of the Public Registry of the Securities Market, approved by Conasev Resolution No. 079-97-EF/94.10 and its amendments;
That, the last paragraph of subsection 14.2.3 of article 14 of the Regulation of Primary Public Offering and Sale of Securities, approved by Conasev Resolution No. 141-98-EF/94.10 and its amendments, establishes that in the event that no security has been placed under the program or when, having been placed, the security or securities have been extinguished, the issuer may request the exclusion of the security from the Public Registry of the Securities Market and that the registration of the program be left without effect; therefore, by excluding, through this resolution, the only securities that remained registered under the “Second Securitization Bond Program – Inmuebles Panamericana”, it is appropriate that said program also be excluded from the Public Registry of the Securities Market by virtue of the request made by Credicorp Capital Sociedad Titulizadora S.A.;
That, article 43 of the Regulation of Asset Securitization Processes, approved by Conasev Resolution No. 001-97-EF/94.10 and its amendments, establishes that the registration of securities by virtue of securitization processes implies the registration of the trust estate in the corresponding section of the Public Registry of the Securities Market; likewise, article 48 of the same regulation establishes that the registration of the issuance program implies the registration of the trust estate in the referred registry. Consequently, the exclusion of the securities corresponding to the first issuance of the "Segundo Programa de Bonos de Titulización – Inmuebles Panamericana" and of the aforementioned program entails the exclusion of the so-called "Patrimonio en Fideicomiso – D. Leg. N° 861, Título XI, Inmuebles Panamericana – Segundo Programa" from the Public Registry of the Securities Market;
In accordance with the provisions of article 38, numeral 8, of the Regulations on Organization and Functions of the Superintendency of the Securities Market, approved by Supreme Decree No. 216-2011-EF and its amendment.
Article 1.- To order the exclusion of the securitization bonds corresponding to the "Primera Emisión del Segundo Programa de Bonos de Titulización - Inmuebles Panamericana" 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 of this resolution from the Securities Registry of the Lima Stock Exchange S.A.
Article 3.- To order the exclusion of the program called "Segundo Programa de Bonos de Titulización – Inmuebles Panamericana" from the Public Registry of the Securities Market.
Article 4.- To order the ex officio exclusion of the trust estate called "Patrimonio en Fideicomiso – D. Leg. N° 861, Título XI, Inmuebles Panamericana – Segundo Programa" from the Public Registry of the Securities Market.
Article 5.- To order the dissemination of this resolution on the Securities Market Portal of the Superintendency of the Securities Market (www.gob.pe/smv).
Article 6.- To transcribe this resolution to Credicorp Capital Sociedad Titulizadora S.A., in its capacity as trustee, Inmuebles Panamericana S.A., in its capacity as originator, as well as to the Lima Stock Exchange S.A. and to Cavali S.A. ICLV.
Register, communicate and publish.
Armando Manco Manco
Intendente General
General Superintendency of Supervision of Entities
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The documents this one cites, and the documents that cite it.
“in application of the provisions of article 48 of the Regulation of the Public Registry of the Securities Market, approved by Conasev Resolution No. 079-97-EF/94.10 and its amendments”
“In accordance with the provisions of article 38, numeral 8, of the Regulations on Organization and Functions of the Superintendency of the Securities Market, approved by Supreme Decree No. 216-2011-EF and its amendment.”
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