PERU Ministry of Economy and Finance
SMV
Superintendency of the Market in 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"

Resolution of the General Intendancy of Supervision of Entities

No. 076-2024-SMV/10.2

Lima, 29 May 2024

The General Intendant of Supervision of Entities

WHEREAS:

File No. 2024005708, initiated by El Dorado Asset Management Sociedad Administradora de Fondos S.A., which contains a request for an exception to be applied to the stock fund named "Peru Soberano Van Eck El Dorado ID ETF";

CONSIDERING:

That, by communication received on 9 February 2024, El Dorado Asset Management Sociedad Administradora de Fondos S.A., requested the Superintendency of the Market in Securities - SMV, that the stock fund named "Peru Soberano Van Eck El Dorado ID ETF" use an international price provider company, not registered in the Public Registry of the Securities Market;

That, by Official Letter No. 1181-2024-SMV/10.2 of 22 March 2024, the request referred to in the preceding paragraph was processed as a request for an exception to compliance with the rules governing natural and legal persons under the competence of the Superintendency of the Market in Securities - SMV, and observations were made in this regard;

That, to date, El Dorado Asset Management Sociedad Administradora de Fondos S.A. has not responded to the previously cited official letter, and the observations made to its request remain pending rectification;

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, causing the procedure to be paralyzed 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, in accordance with article 197, subsection 197.1 of the Single Ordered Text of the General Administrative Procedure Law, the declaration of abandonment ends the corresponding administrative procedure;

That, having elapsed in excess the period indicated in 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 rectifying the observations made by Official Letter No. 1181-2024-SMV/10.2 of 22 March 2024, it is appropriate to declare ex officio the abandonment of the initiated procedure and, consequently, to consider the present 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 Market in Securities, approved by Supreme Decree No. 216-2011-EF and its amendments;

RESOLVES:

Article 1.- Declare ex officio the abandonment of the procedure initiated by El Dorado Asset Management Sociedad Administradora de Fondos S.A., referred to the request for an exception 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.- Transcribe this resolution to El Dorado Asset Management Sociedad Administradora de Fondos S.A.

Register, communicate and publish.

Armando Manco Manco
General Intendant
General Intendancy of Supervision of Entities