Individual decision · SMV · 22 May 2024
The SMV ordered the registration of Inversiones Portuarias Chancay S.A.A.'s Class "B" shares in the Public Registry of the Stock Market and ruled in favor of their registration in the Lima Stock Exchange's Securities Registry. The registration did not entail administrative verification, inspection, or audit of the information submitted, nor certification of the securities' soundness, the issuer's solvency, or the risks of the security or offering; the issuer is responsible for the veracity of the information submitted to the market.
Electronically signed document pursuant to Law No. 27269, Law on Digital Signatures and Certificates, its Regulations and amendments. The integrity of the document and the authorship of the signature(s) can be verified at https://apps.firmaperu.gob.pe/web/validador.xhtml
Lima, 22 May 2024
The General Superintendent of Conduct Supervision
File No. 2024019719, as well as Internal Report No. 662-2024-SMV/11.1, from the General Superintendent of Conduct Supervision of the Deputy Superintendency of Market Conduct Supervision.
That, by means of documents submitted on 30 April and 07 May 2024, Inversiones Portuarias Chancay S.A.A. requested from the Superintendency of the Stock Market – SMV, through the Single Window system, the registration of the Class "B" shares representing its share capital in the Public Registry of the Stock Market and in the Securities Registry of the Lima Stock Exchange;
That, from the review of the documentation and information submitted as support for the request to which this resolution refers, it is noted that at the General Shareholders' Meeting of Inversiones Portuarias Chancay S.A.A., held on 01 April 2024, it was agreed, among other matters, the registration of all Class "B" shares representing the share capital of the aforementioned company in the Public Registry of the Stock Market and in the Securities Registry of the Lima Stock Exchange;
That, in accordance with the provisions of Article 7, item 7.1, of the Regulation on Registration and Exclusion of Securities in the Public Registry of the Stock Market and on the Trading Floor, approved by Resolution No. 031-2012-SMV/01 and its amending rules, the SMV forwarded to the Lima Stock Exchange S.A. the file containing the registration request; without said entity having raised any objections to the documentation and information submitted by Inversiones Portuarias Chancay S.A.A.;
That, by means of Official Letter No. 2118-2024-SMV/11.1, objections were raised within the framework of the registration procedure for the Class "B" shares representing the share capital of Inversiones Portuarias Chancay S.A.A., which was addressed by the aforementioned company through documents dated 21 May 2024, in order to comply with the documentation and information requirements established in the Single Ordered Text of the Stock Market Law, Legislative Decree No. 861,
Electronically signed document pursuant to Law No. 27269, Law on Digital Signatures and Certificates, its Regulations and amendments. The integrity of the document and the authorship of the signature(s) can be verified at https://apps.firmaperu.gob.pe/web/validador.xhtml
approved by Supreme Decree No. 020-2023-EF, and the Regulation on Registration and Exclusion of Securities in the Public Registry of the Stock Market and on the Trading Floor;
That, regarding the request for information on the economic group to which Inversiones Portuarias Chancay S.A.A. belongs, it must be indicated that on 21 May 2024, Volcan Compañía Minera S.A.A. —majority shareholder of Inversiones Portuarias Chancay S.A.A.— disseminated the update of said information on the SMV's Institutional Website on the Single Digital Platform of the Peruvian State for Citizen Guidance; however, the same will be subject to supervision by the Superintendency of the Stock Market – SMV, considering both the information disseminated by said issuer in the material events of 06 and 12 May 2024 and the provisions of the Regulation on Indirect Ownership, Affiliation and Economic Groups approved by SMV Resolution No. 019-2015-SMV/01;
That, in accordance with the provisions of Articles 3 and 210 of the Single Ordered Text of the Stock Market Law, any restriction on the free transferability of securities contained in the bylaws has no legal effect, and once the securities are registered in the Public Registry of the Stock Market, the book-entry record of the securities clearing and settlement institution shall prevail over any other record of the issuer of said securities;
That, Article 7, item 6, of the Policy on Dissemination of Regulatory Projects, Legal Rules of a General Nature, Early Agenda and Other Administrative Acts of the SMV, approved by SMV Resolution No. 014-2014-SMV/01 and its amending rules, establishes that the decisions contained in administrative resolutions that resolve, among other matters, the registration of securities in the Public Registry of the Stock Market, must be disseminated through the SMV's Institutional Website on the Single Digital Platform of the Peruvian State for Citizen Guidance (www.gob.pe/smv); and,
In view of the provisions of Article 19 and following of the Single Ordered Text of the Stock Market Law; Articles 6, 7 and 8 of the Regulation on Registration and Exclusion of Securities in the Public Registry of the Stock Market and on the Trading Floor; as well as Article 46, item 6, of the Regulation on Organization and Functions of the Superintendency of the Stock Market, approved by Supreme Decree No. 216-2011-EF and its amending rules, which empowers the General Superintendent of Conduct Supervision to order the registration of securities in the Public Registry of the Stock Market.
Article 1.- To order the registration of the Class "B" shares representing the share capital of Inversiones Portuarias Chancay S.A.A. in the Public Registry of the Stock Market, under the responsibility of the Superintendency of the Stock 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.
Document electronically signed digitally within the framework of Law No. 27269, Law on Digital Signatures and Certificates, its Regulations and amendments. The integrity of the document and the authorship of the signature(s) can be verified at https://apps.firmaperu.gob.pe/web/validador.xhtml
Article 3.- The registration of the securities referred to in this resolution has not entailed administrative verification or inspection activities, nor an audit of the information submitted, nor an examination of the issuer's economic and financial situation, 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 as to their soundness, the issuer's solvency, or the risks of the security or the offering; 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's Institutional Website on the Single Digital Platform of the Peruvian State for Citizen Guidance (www.gob.pe/smv).
Article 5.- Transcribe this resolution to Inversiones Portuarias Chancay S.A.A., as issuer; to Bolsa de Valores de Lima S.A.; and to CAVALI S.A. I.C.L.V.
Register, communicate, and disseminate.
Alix Godos
General Superintendent
General Superintendent's Office of Conduct Supervision
Note from RegAlert. AI assistants can read this document in full, and search 70,000+ more, through the RegAlert MCP connector (https://mcp.regalert.today/mcp). Free with an account. How to connect ChatGPT, Claude or Cursor.
The documents this one cites, and the documents that cite it.
“Regulation on Organization and Functions of the Superintendency of the Stock Market, approved by Supreme Decree No. 216-2011-EF and its amending rules”
More like this from SMV
SMV published 34 documents in the last 30 days. We email you each new one the day it's published.
Source: Superintendencia del Mercado de Valores (Peru) — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
In RegAlert: added