PERÚ Ministerio de Economía y Finanzas
SMV
Superintendencia del Mercado de Valores

“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"

SMV Resolution No. 009-2024-SMV/01

Lima, 2 September 2024

WHEREAS:

File No. 2024035498, Joint Report No. 1077-2024-SMV/06/10/12 of 19 August 2024, issued by the Office of Legal Counsel, the Deputy Superintendency of Prudential Supervision and the Deputy Superintendency of Research, Development and Innovation; as well as the draft of “Provisions that regulate the mechanisms for the signing of the Format that contains the information of the beneficial owner of Legal Entities” (hereinafter, the Draft)

CONSIDERING:

That, in accordance with article 1 of the Single Concorded Text of the Organic Law of the Superintendency of the Securities Market – SMV, approved by Decree Law No. 26126 and its amendments (hereinafter, Organic Law), the SMV has the purpose of ensuring the protection of investors, 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, in accordance with literal a) of article 1 of the Organic Law, the SMV has, among other functions, the power to issue legal rules that regulate matters of the securities market;

That, according to literal b) of article 5 of the Organic Law, the Board of Directors of the SMV has, among other attributions, the approval of the regulations of the securities market, as well as those to which natural or legal persons subject to its supervision must adhere;

That, by Legislative Decree No. 1372 (hereinafter, the Law), the obligation of legal persons and/or legal entities to report the identification of their beneficial owners is regulated;

That, article 6 of the Law provides that legal persons and/or legal entities must implement an internal procedure that includes reasonable mechanisms to obtain and preserve information on their beneficial owners, for which purpose they are obliged to reveal their identity and provide the data indicated in said law and those established by supreme decree; legal persons and/or legal entities must verify such data presented in a supported manner, as well as keep said information updated;

That, in accordance with the provisions of literal a) of numeral 7.1 of article 7 of the Regulation of the Law, approved by Supreme Decree No. 003-

Electronic document digitally signed within the framework of Law No. 27269, Law of Digital Signatures and Certificates, its Regulation and amendments.
The integrity of the document and the authorship of the( s) sign ature( s) can be verified at https://apps.fi rmaperu.gob.pe/web/validador.xhtml

PERÚ Ministerio de Economía y Finanzas
SMV
Superintendencia del Mercado de Valores

“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"

2019-EF (hereinafter, the Regulation), in order to access the identification of the beneficial owner, legal persons and/or legal entities must implement the annexed format of the Regulation, in which the beneficial owners must provide their identification data and, if applicable, the information referring to the cases of chain of ownership. Said format may be physical, in which case it must have the notarially or consularly certified signature of the beneficial owners, or be in other media, provided that they allow the beneficial owner to be reliably identified in accordance with what SUNAT establishes, by superintendency resolution;

That, by Superintendency Resolution No. 000236-2023/SUNAT, an alternative means to the physical format that contains the information of the beneficial owners included in the scope of Legislative Decree No. 1372 is regulated, and the deadline for the submission of the declaration of the beneficial owner of legal entities established in Superintendency Resolution No. 000041-2022/SUNAT is modified;

That, in order to facilitate legal persons and/or legal entities obtaining the information of their beneficial owner, by Superintendency Resolution No. 000236-2023/SUNAT the possibility is recognized that the format containing the information of the beneficial owner be in an electronic document digitally signed by said beneficial owner;

That, without prejudice to the provisions of the preceding recital, numeral 4.2. of article 4 of Superintendency Resolution No. 000236-2023/SUNAT states that in the case of obligated parties supervised by the Superintendency of the Securities Market or by the Superintendency of Banking, Insurance and Pension Fund Administrators, the electronic document containing the format that contains the information of the beneficial owner may dispense with the digital signature of the beneficial owner, to the extent that said subjects use any of the mechanisms that, in accordance with the provisions of said superintendencies, they implement to interact with their users, provided that they allow the beneficial owner to be reliably identified;

That, in that framework, this regulation incorporates alternative means to the digital signature of the ultimate beneficiary in the electronic document that entities with operating authorization granted by the SMV, which administer Legal Entities, included within the scope of Legislative Decree No. 1372, Legislative Decree that regulates the obligation of legal persons and/or legal entities to report the identification of the ultimate beneficiaries, and its amendments, may use for purposes of verifying the identity of the ultimate beneficiary;

That, on 29 August 2024, the Technical Secretariat of the Multisectoral Commission for Regulatory Quality has communicated to this Superintendency that the Multisectoral Commission for Regulatory Quality, under the provisions of numeral 18 of subsection 28.1 of article 28 of the Regulation that develops the Institutional Framework governing the Regulatory Quality Improvement Process and establishes the General Guidelines for the application of the Ex Ante Regulatory Impact Analysis, approved by Supreme Decree No. 063-2021-PCM, has declared that the Ex Ante Regulatory Impact Analysis by the entity is not required for the approval of the Project;

Electronic document di gitally signed within the framework of Law No. 27269, Law on Di gital Signatures and Certificates, its Regulation and amendments.
The integrity of the document and the authorship of the( s) si gnature( s) can be verified at https://apps.fi rmaperu.gob.pe/web/validador.xhtml

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"

That, according to the provisions of the "Policy on dissemination of regulatory projects, general legal norms, early agenda and other administrative acts of the SMV", approved by SMV Resolution No. 014-2014-SMV/01, it is considered necessary to disseminate the Project for public consultation, through the Institutional Page of the Superintendency of the Market in Securities on the Single Digital Platform of the Peruvian State (www.gob.pe/smv), for a period of ten (10) calendar days, counted from the day following the date of publication of this resolution, so that the public may submit its suggestions or comments on the proposal; and,

In accordance with the provisions of literal a) of article 1 and literal b) of article 5 of the Organic Law of the SMV, numeral 2 of article 9 of the Regulation of Organization and Functions of the Superintendency of the Market in Securities, approved by Supreme Decree No. 216-2011-EF, as well as what was agreed by the Board of Directors of the SMV in its session of 20 August 2024;

IT IS RESOLVED:

Article 1.- To authorize the dissemination of the draft "Provisions that regulate the mechanisms for the signing of the Format that contains the information of the ultimate beneficiary of the Legal Entities".

Article 2.- To provide that the project indicated in the preceding article be disseminated for public consultation on the Institutional Page of the Superintendency of the Market in Securities on the Single Digital Platform of the Peruvian State (www.gob.pe/smv).

Article 3.- The term for interested persons to submit to the Superintendency of the Market in Securities their comments and observations on the project indicated in the preceding articles is ten (10) 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 previous article may be sent to the following email address: proynormbenef@smv.gob.pe.

Register, communicate and publish.

Zósimo Juan Pichihua Serna
Superintendent of the Market in Securities

Electronic document di gitally signed within the framework of Law No. 27269, Law on Di gital Signatures and Certificates, its Regulation and amendments.
The integrity of the document and the authorship of the( s) si gnature( s) can be verified at https://apps.fi rmaperu.gob.pe/web/validador.xhtml

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"

Electronic document di gitally signed within the framework of Law No. 27269, Law on Di gital Signatures and Certificates, its Regulation and amendments.
The integrity of the document and the authorship of the( s) si gnature( s) can be verified at https://apps.fi rmaperu.gob.pe/web/validador.xhtml