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Superintendency Resolution Adjunct SMV No. 008-2024-SMV/11

Lima, 26 January 2024

Regulated Entity
:
EMPRESA AGROINDUSTRIAL TUMÁN S.A.A.
Subject
:
Correction of a clerical error in Superintendency Resolution Adjunct SMV No. 005-2024-SMV/11 Case No.:
2023024117

The Acting Deputy Superintendent of Market Conduct Supervision

SEEN:

Administrative Case No. 2023024117, and Superintendency Resolution Adjunct SMV No. 005-2024-SMV/11 of 22 January 2024;

CONSIDERING:

1. That, by Superintendency Resolution Adjunct SMV No. 005-2024-SMV/11 of 22 January 2024 (hereinafter, the Resolution), the Deputy Superintendency of Market Conduct Supervision resolved in Article 4 of the Resolution that Empresa Agroindustrial Tumán S.A.A. had committed one (1) serious infringement typified in subsection 2.33 of item 2 of Annex I of the Sanctions Regulations, approved by SMV Resolution No. 035-2018-SMV/01, for failing to comply with the requirement made by means of Memorandum No. 3273-2021-SMV/11.1.

2. That, however, in Article 5 of the operative part of the Resolution, it stated: “Impose a fine of 26 UIT on Empresa Agroindustrial Tumán S.A.A. equivalent to S/. 114,400.00 (One Hundred and Ten Thousand and 00/100 Soles), pursuant to Article 4 of this Resolution”; regarding which it is noted that a clerical error has been committed, since it should read: “Impose a fine of 26 UIT on Empresa Agroindustrial Tumán S.A.A. equivalent to S/. 114,400.00 (One Hundred and Fourteen Thousand Four Hundred and 00/100 Soles), pursuant to Article 4 of this Resolution”, (underline added);

3. That, the same clerical error has been identified in the recitals of the Resolution (page 24), which must be corrected in the same manner as indicated in the preceding recital of this Resolution;

4. That, clerical or arithmetic errors in administrative acts may be corrected with retroactive effect, at any time, ex officio or at the request of the regulated entities; provided that the substantive content or the meaning of the decision is not altered, which is verified in the present case, therefore it is appropriate to correct the Resolution, with respect to what is indicated in the preceding paragraphs, pursuant to the provisions of Article 212 of the Single Ordered Text of the General Administrative Procedure Act – Law No. 27444 approved by Supreme Decree No. 004-2019-JUS; and

In accordance with the provisions of items 14 and 36 of Article 43 of the SMV Organization and Functions Regulations, approved by Supreme Decree No. 216-2011-EF;

RESOLVES:

Article 1.- Correct the clerical error contained in the recitals (page 24) of Superintendency Resolution Adjunct SMV No. 005-2024-SMV/11 of 22 January 2024, which shall be worded as follows:

“27. Impose a fine of 26 UIT on the Issuer equivalent to S/. 114,400.00 (One Hundred and Fourteen Thousand Four Hundred and 00/100 Soles) for failing to comply with the requirement made by means of Memorandum No. 3273-2021-SMV/11.1”.

Article 2.- Correct the clerical error contained in Article 5 of the operative part of Superintendency Resolution Adjunct SMV No. 005-2024-SMV/11 of 22 January 2024, which shall be worded as follows:

“Article 5.- Impose a fine of 26 UIT on Empresa Agroindustrial Tumán S.A.A. equivalent to S/. 114,400.00 (One Hundred and Fourteen Thousand Four Hundred and 00/100 Soles), pursuant to Article 4 of this Resolution”.

Article 3.- Transcribe this Resolution to Empresa Agroindustrial Tumán S.A.A.

Register, notify and publish,

Reason:

Signed by: RIVERO ZEVALLOS Carlos Fabian FAU 2013

Carlos Rivero Zevallos
Acting Deputy Superintendent
Deputy Superintendency of Market Conduct Supervision

Reason:

Signed by: MENESES CAMARGO Carlos Er

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The integrity of the document and the authorship de la( s) fi rma( s) may be verified at https://apps. fi rmaperu.gob.pe/web/validador.xhtml