2026-07-03

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Resolution SMV No. 009-2026-SMV/01

The Securities Market Superintendence (SMV) authorizes the public consultation of a draft modification to the Regulation of Clearing and Settlement Institutions. The proposed changes introduce provisions allowing these institutions to function as central counterparties to enhance risk management and systemic security. Interested parties are granted a thirty-day period to submit comments and observations via email to proy_iclv@smv.gob.pe.

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PERÚ Ministry of Economy and Finance

SMV Securities Market Superintendence "Decade of Equal Opportunities for Women and Men" "Year of Hope and Strengthening of Democracy" 1 Electronic document digitally signed under 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. 009-2026-SMV/01 Lima, July 3, 2026

SEEN: The File No. 2026029540 and the Joint Report No. 993-2026-SMV/06/10/12 of June 30, 2026, issued by the Legal Advisory Office, the Adjunct Superintendence of Prudential Supervision and the Adjunct Superintendence of Investigation, Development and Innovation, as well as the draft modification of the Regulation of Clearing and Settlement Institutions referred to in Title VIII of the Securities Market Law, approved by CONASEV Resolution No. 031-99-EF/94.10, and the Common Standards for Entities requiring authorization of Organization and Functioning of the SMV, approved by SMV Resolution No. 039-2016-SMV/01 (hereinafter, Project);

CONSIDERING: That, in accordance with Article 1 of the Unified Concordant Text of the Organic Law of the Securities Market Superintendence, approved by Legislative Decree No. 26126 and its amendments (hereinafter, Organic Law), the Securities Market Superintendence – SMV aims to protect investors, ensure the efficiency and transparency of the markets under its supervision, the correct formation of prices and the dissemination of all information necessary for such purposes, through regulation, supervision and promotion;

That, likewise, according to paragraph a) of Article 1 of the Organic Law, the SMV has among its functions to issue the legal norms that regulate matters of the securities market, product market and collective fund system;

That, paragraph b) of Article 5 of the Organic Law establishes that the Board of Directors of the SMV has the attribute to approve the regulations of the securities market, product market and collective fund system, as well as those to which natural and legal persons subject to the supervision of the SMV must adhere;

That, through CONASEV Resolution No. 031-99-EF/94.10, the Regulation of Clearing and Settlement Institutions referred to in Title VIII of the Securities Market Law was approved (hereinafter, ICLV Regulation), which establishes the norms applicable to Clearing and Settlement Institutions (hereinafter, ICLV), their participants, the persons who intervene in the securities clearing and settlement systems, as well as to the issuers of securities represented by book entries and other securities registered in the accounting register;

That, it is considered of special relevance to modify and incorporate normative provisions into the ICLV Regulation to allow ICLVs to perform functions as central counterparties, introducing mechanisms for more efficient and specialized counterparty risk management. With this, it is sought to strengthen the security and efficiency of the post-trade system, reduce systemic risk and improve the capacity of the local securities market to integrate competitively with other jurisdictions;

PERÚ Ministry of Economy and Finance

SMV Securities Market Superintendence "Decade of Equal Opportunities for Women and Men" "Year of Hope and Strengthening of Democracy" 2 Electronic document digitally signed under 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

That, according to paragraph 19.1 of Article 19 of the Regulation establishing provisions on publication and dissemination of legal norms of a general nature, resolutions and normative projects, approved by Supreme Decree No. 009-2024-JUS, drafts of legal norms of a general nature must be published on the digital headquarters of the entities of the Public Administration responsible for their elaboration or in another medium, ensuring their proper dissemination and easy access;

That, likewise, paragraph c) of paragraph 20.1 of Article 20 of the Regulation mentioned in the preceding paragraph, provides that the deadline for receiving comments, contributions or opinions must not be less than fifteen (15) calendar days counted from the day following its publication, unless a normative provision of higher rank establishes otherwise; therefore, given the nature of the proposed changes, it is considered convenient to disseminate the Project for public consultation for thirty (30) calendar days; and,

Being in accordance with paragraph a) of Article 1 and paragraph b) of Article 5 of the Organic Law; paragraph 2 of Article 9 of the Organization and Functions Regulation of the Securities Market Superintendence, approved by Supreme Decree No. 216-2011-EF; Articles 1 and 2 of the Policy on dissemination of normative projects, legal norms of a general nature, early agenda and other administrative acts of the SMV, approved by SMV Resolution No. 014-2014-SMV/01 and its amendments; as well as what was agreed by the Board of Directors of the SMV in its session of June 30, 2026;

IT IS RESOLVED:

Article 1.- Authorize the dissemination of the Draft modification of the Regulation of Clearing and Settlement Institutions referred to in Title VIII of the Securities Market Law, approved by CONASEV Resolution No. 031-99-EF/94.10.

Article 2.- Provide that the project mentioned in the preceding article be disseminated on the Institutional Page of the Securities Market Superintendence – SMV on the Unified Digital Platform of the Peruvian State (www.gob.pe/smv).

Article 3.- The deadline for interested persons to send their comments and observations on the project mentioned in the preceding articles to the Securities Market Superintendence – SMV is thirty (30) calendar days, counted from the day following the date of publication of this resolution in the Official Gazette El Peruano.

Article 4.- The comments and observations referred to in the preceding article may be sent to the following email address: proy_iclv@smv.gob.pe

Register, communicate and publish.

Zosimo Juan Pichihua Serna Superintendent of the Securities Market

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