PERÚ Ministerio de Economía y Finanzas
SMV
Superintendency of the Market de Valores
“Decade of Equal Opportunities for Women and Men” “Year of the Strengthening of National Sovereignty” “Year of the Bicentennial of the Congress of the Republic of Peru”

SMV General Intendancy Resolution No. 034-2022-SMV/11.1

Lima, 20 May 2022

The General Intendant of Conduct Supervision

Whereas:

File No. 2022019317, as well as Internal Report No. 652-2022-SMV/11.1 dated 20 May 2022 from the General Intendancy of Conduct Supervision of the Deputy Superintendency of Market Conduct Supervision of the Superintendency of the Securities Market;

Considering:

That, by documents submitted on 03 and 06 May 2022, Banco Bci Perú S.A., an entity subject to the control and supervision of the Superintendency of Banking, Insurance and AFP – SBS, requested the Superintendency of the Securities Market – SMV, through the Single Window system, the registration of the common shares representing its share capital in the Public Registry of the Securities Market, under the charge of the SMV, and in the Securities Registry of the Lima Stock Exchange;

That, it has been observed that, under articles 21 and 27 of the General Law of the Financial System and the Insurance System and Organic Law of the Superintendency of Banking and Insurance, Law No. 26702 and its amendments, the SBS issued SBS Resolutions No. 02454-2021 dated 20 August 2021 and No. 01440-2022 dated 29 April 2022, by which it granted the authorizations for organization and operation of Banco Bci Perú S.A., respectively, as a multiple-operations banking company;

That, furthermore, from the review carried out on the documentation and information submitted by Banco Bci Perú S.A., it has been observed that, within the framework of the provisions of article 29 of the aforementioned Law regarding that before a banking company begins its operations it must have registered on the stock exchange the shares representing its share capital, by the General Shareholders' Meetings of Banco Bci Perú S.A., held on 06 and 19 April 2022, it was agreed to register the common shares representing its share capital in the Public Registry of the Securities Market and in the Securities Registry of the Lima Stock Exchange;

That, likewise, considering that Banco Bci Perú S.A. is under the supervision and regulation of the SBS, the preparation, submission and supervision of its financial information are subject to the provisions established by said entity, in accordance with article 31 of the Securities Market Law, Legislative Decree No. 861 and its amending norms, and article 5, literal c), of the Concorded Single Text of the Organic Law of the SMV, Legislative Decree No. 26126 and its amending norms;

That, in accordance with the provisions of article 7, numeral 7.3, of the Regulation for Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange, approved by Resolution No. 031-2012-SMV/01 and its amending norms, the Lima Stock Exchange S.A., by Letter EMI-357/2022, sent to the SMV the conclusions of its evaluation of the documentation and information submitted by Banco Bci Perú S.A. for the purposes of the procedure;

That, from the evaluation carried out on the documentation and information submitted to the SMV, it can be maintained that Banco Bci Perú S.A. has complied with submitting the requirements demanded in the Securities Market Law and article 8 of the Regulation for Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange, for the registration of its common shares representing its share capital in the Public Registry of the Securities Market and in the Securities Registry of the Lima Stock Exchange; That, it should be noted that in accordance with the provisions of articles 3 and 215 of the Securities Market Law, any limitation on the free transferability of securities contained in the bylaws lacks legal effect, as well as once the securities are registered in the Public Registry of the Securities Market, the book-entry registration of the securities clearing and settlement institution shall prevail over any other registry of the issuing company of said securities;

That, article 7, numeral 6, of the Policy on Dissemination of Regulatory Projects, General Legal Norms, Regulatory Agenda and Other Administrative Acts of the SMV, approved by SMV Resolution No. 014-2014-SMV/01 and its amending norms, establishes that the decisions contained in administrative resolutions that resolve, among others, the registration of securities in the Public Registry of the Securities Market must be disseminated through the SMV's Securities Market Portal (www.smv.gob.pe); and,

In accordance with the provisions of article 17 and following of the Securities Market Law, articles 6, 7 and 8 of the Regulation for Registration and Exclusion of Securities in the Public Registry of the Securities Market and in the Stock Exchange; as well as article 46, numeral 6, of the Regulation of Organization and Functions of the SMV, approved by Supreme Decree No. 216-2011-EF and its amending norms, which empowers the General Intendancy of Conduct Supervision to order the registration of securities in the Public Registry of the Securities Market.

Resolves:

Article 1.- To order the registration of the common shares representing the share capital of Banco Bci Perú S.A. in the Public Registry of the Securities Market, under the charge of the Superintendency of the Securities 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.

Article 3.- The registration of the securities referred to in this resolution has not entailed administrative activities of verification, inspection or auditing of the information submitted, nor an examination of the economic-financial situation of the issuer, in accordance with the provisions of article 19 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 solvency of the issuer, or the risks of the security or the offering; the issuer being responsible for the truthfulness of the information submitted to the market, in accordance with the provisions of articles 13 and 22 of the Securities Market Law.

Article 4.- Disseminate this resolution on the Securities Market Portal of the Superintendency of the Securities Market – SMV (www.smv.gob.pe).

Article 5.- Transcribe this Resolution to Banco Bci Perú S.A., as issuer; to the Lima Stock Exchange S.A.; and to CAVALI S.A. I.C.L.V.

Register, communicate and disseminate.

Signed by: GODOS GARCIA Alix Fernando I Reason:

Alix Godos
General Intendant
General Intendancy of Conduct Supervision