Resolution SMV No. 002-2025-SMV/01

PERU Ministry of Economy and Finance

SMV
Securities Market
Superintendence
"Decade of Equality of Opportunities for Women and Men" "Year of recovery and consolidation of the Peruvian economy" 1 Electronically signed document within the framework of Law No. 27269, Law of 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 Resolution SMV No. 002-2025-SMV/01 Lima, January 29, 2025

SEEN:
The File No. 2025001290, the Joint Report No.
053-2025-SMV/06/12 and the Joint Memorandum No. 348-2025-SMV/06/12, dated January 13 and 24 of 2025, issued by the Legal Advisory Office and the Deputy Superintendency of Investigation, Development and Innovation;

CONSIDERING:

That, the Unified Concorded Text of the Organic Law of the Securities Market Superintendence (SMV), approved by Decree Law No. 26126, establishes in its article 18, paragraph b) that regarding issuers, with the exception of issuers by virtue of autonomous assets, mutual investment funds in securities and investment funds, contributions are fixed in proportion to the total of the securities subject to public offering without exceeding annually one per thousand (0.001) of said amount;

That, the Norm on Contributions for the Supervision Services provided by the SMV, approved by CONASEV Resolution No. 095-2000- EF/94.10, establishes that in the case of securities representative of social capital, the taxable base for the calculation of the contribution to the SMV applicable to issuers is the amount of the issuance of registered securities;

That, for the shares of junior mining companies, as referred to in the Regulation of the Venture Capital Segment of the Lima Stock Exchange, approved by approved by CONASEV Resolution 026-2005-EF/94.10, which lack nominal value, through CONASEV Resolution No. 096-2007-EF/94.01.1, modified by SMV Resolution No. 004-2014-SMV/01, criteria were established to estimate the taxable base of the contribution, being these: i) the amount of the issuance of the registered securities; or, ii) the market capitalization at the end of the month; whichever is lower;

That, in the case of foreign securities representative of social capital that lack nominal value, a similar criterion should be applied as the one adopted for junior mining companies;

That, in order to gather in a single legal provision what is stated in the preceding considerations, it is convenient to incorporate into the letter a) of article 3 of the Norm on Contributions for the Supervision Services provided by the SMV, approved by CONASEV Resolution No. 095-2000-EF/94.10, the criteria to estimate the taxable base of the contribution in the case of securities representative of social capital issued by junior mining companies, as well as those issued by issuers of foreign securities; and,

Being in accordance with what is provided by letter a) of article 1° and the letters b) and f) of article 5° of the Unified Concorded Text of the Organic Law of the SMV,

PERU Ministry of Economy and Finance

SMV
Securities Market
Superintendence
"Decade of Equality of Opportunities for Women and Men" "Year of recovery and consolidation of the Peruvian economy" 2 Electronically signed document within the framework of Law No. 27269, Law of 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 Decree Law No. 26126 and article 7° of the Securities Market Law, Legislative Decree No. 861, as well as what was agreed by the Board of Directors of the SMV meeting in its session of January 28, 2025;

IT IS RESOLVED:

Article 1°.- Incorporate into paragraph a) of article 3 of the
Norm on Contributions for the Supervision Services provided by the SMV, approved by CONASEV Resolution No. 095-2000-EF/94.10, as second, third and fourth paragraphs, the following texts:

“Article 3.- (...) a) (...)
When the securities representative of social capital issued by the companies junior mining referred to in the Regulation of the Venture Capital Segment of the Lima Stock Exchange, approved by CONASEV Resolution 026-2005- EF/94.10, as well as those issued by issuers of foreign securities, do not have nominal value, the contribution will be applied to the amount of the issuance of the registered securities or the market capitalization at the end of the month, whichever results in the lower amount. The amount of the issuance of the registered securities is the amount of the quotient between the Social Capital account and the number of shares, obtained from the latest available financial statements through the issuer's website and/or the website to which it corresponds to report according to the regulations of its primary market, multiplied by the number of shares in circulation which is obtained from the portal or from the bulletins of the BVL. The market capitalization is obtained from the bulletins of the BVL and is calculated taking as reference the quotation in the market of origin of the issuer.”

Article 2°.- Repeal CONASEV Resolution No. 096-
2007-EF/94.01.1.

Article 3°.- This resolution will enter into force from
February 1, 2025.

Article 4°.- Publish this resolution in the Official Journal
El Peruano and on the Institutional Page of the Securities Market Superintendence – SMV on the Single Digital Platform of the Peruvian State (www.gob.pe/smv). Register, communicate and publish.

Zósimo Juan Pichihua Serna
Superintendent of the Securities Market