Enforcement · SMV · 2 Apr 2025
The Securities Market Superintendence revokes the operating authorization of Afluenta Perú Sociedad Administradora de Plataforma de Financiamiento Participativo Financiero S.A.C. and excludes it from the Special Register because it failed to publish at least one project during the twelve months following the last publication on March 23, 2024. The resolution stipulates that this revocation does not exempt the company or its directors from obligations incurred prior to the decision or from administrative responsibilities arising during their tenure. The resolution takes effect the day after notification to the company and is published on the SMV website and in the Official Gazette El Peruano.
PERÚ Ministerio de Economía y Finanzas
SMV
Superintendencia del Mercado de Valores
“Decenio de la Igualdad de Oportunidades para Mujeres y Hombres” "Año de la recuperación y consolidación de la economía peruana" 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 Superintendent Resolution No. 039-2025-SMV/02 Lima, April 2, 2025 The Superintendent of the Securities Market HAVING SEEN:
File No. 2025012226 and Report No. 402-2025-
SMV/12.1 dated March 27, 2025, issued by the General Directorate of Investigation and Innovation with the endorsement of the Adjunct Superintendency of Investigation, Development and Innovation; CONSIDERING:
That, by Superintendent Resolution No. 038-
2022-SMV/02 published in the Official Gazette El Peruano on April 21, 2022, the operation of Afluenta Perú Sociedad Administradora de Plataforma de Financiamiento Participativo Financiero S.A.C. was authorized, as a Platform Administrator for Participatory Financial Financing; That, Article 17 of the Regulations on the activity of Participatory Financial Financing and its Administrator Companies (hereinafter, REGULATIONS), establishes that the operating authorization of the Administrator Company is of indefinite duration and can only be suspended or revoked by the SMV in the cases provided for in numeral 14 of Article 3 of the Organic Law of the SMV; numeral 21.2 of Article 21 of the Decree of Urgency or cancelled at the request of the Administrator Company; That, Article 57 of the REGULATIONS establishes that the revocation of the operating authorization of an Administrator Company occurs among other cases, for not publishing at least one (1) Project during the last twelve (12) months. This condition applies after six (6) months of the Administrator Company being registered in the Special Register; That, on March 23, 2024, Afluenta Perú Sociedad Administradora de Plataforma de Financiamiento Participativo Financiero S.A.C. published a project on its platform, and from that date, twelve (12) months have passed without the aforementioned supervised entity having published at least one (1) project, consequently, the revocation of its operating authorization is warranted; That, in order to comply with the principles of material publicity and formal publicity collected in the Preliminary Title of the General Regulations of the Public Registries and the principle of predictability established by Article IV, numeral 1.15, of the Single Text of the Law of Administrative Procedure
PERÚ Ministerio de Economía y Finanzas
SMV
Superintendencia del Mercado de Valores
“Decenio de la Igualdad de Oportunidades para Mujeres y Hombres” "Año de la recuperación y consolidación de la economía peruana" 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 General, it is necessary to declare which administrator companies have lost their operating authorization to carry out activities of administration of participatory financial financing platforms; That, in accordance with what is provided in Article 12, numeral 1, of the Organization and Functions Regulations of the SMV, approved by Supreme Decree No. 216-2011-EF and amendments (hereinafter, ROF), it is the Superintendent of the Securities Market who is in charge of authorizing, cancelling or revoking the operating authorization of legal entities that are under the supervision of the SMV; That, consequently, it corresponds to the Superintendent of the Securities Market to declare the revocation of the operating authorization of the administrator companies of participatory financial financing platforms that have failed to publish at least one (1) Project during a period of twelve (12) months, as stated in Article 57 of the REGULATIONS; and, Being in accordance with what is provided in Article 12, numeral 1 and Article 32, numeral 8, of the Organization and Functions Regulations of the Superintendency of the Securities Market, approved by Supreme Decree No. 216- 2011-EF; and Article 57 of the Regulations on the activity of Participatory Financial Financing and its Administrator Companies; RESOLVES:
Article 1.- Declare that the operating authorization of Afluenta Perú Sociedad Administradora de Plataforma de
Financiamiento Participativo Financiero S.A.C. as an administrator company of a participatory financial financing platform has been revoked, and, consequently, said company has been excluded from the Special Register of the Superintendency of the Securities Market.
Article 2.- The revocation of the operating authorization does not exempt Afluenta Perú Sociedad Administradora de Plataforma de Financiamiento Participativo Financiero S.A.C. from compliance with obligations contracted prior to the issuance of this resolution, nor from the administrative responsibility incurred by its directors or managers during their operation.
Article 3.- Publish this resolution on the Institutional Website of the Superintendency of the Securities Market on the Unified Digital Platform of the Peruvian State (www.gob.pe/smv) and in the Official Gazette El Peruano.
Article 4.- This resolution shall enter into force the day following its notification to Afluenta Perú Sociedad Administradora de
Plataforma de Financiamiento Participativo Financiero S.A.C., without prejudice to the automatic revocation and exclusion declared in the preceding Article 1.
PERÚ Ministerio de Economía y Finanzas
SMV
Superintendencia del Mercado de Valores
“Decenio de la Igualdad de Oportunidades para Mujeres y Hombres” "Año de la recuperación y consolidación de la economía peruana" 3 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
Article 5.- Notify this resolution to Afluenta
Perú Sociedad Administradora de Plataforma de Financiamiento Participativo Financiero S.A.C.
Register, communicate and publish.
Zósimo Juan Pichihua Serna
Superintendent of the Securities Market
Note from RegAlert. AI assistants can read this document in full, and search 70,000+ more, through the RegAlert MCP connector (https://mcp.regalert.today/mcp). Free with an account. How to connect ChatGPT, Claude or Cursor.
The documents this one cites, and the documents that cite it.
“Supreme Decree No. 216-2011-EF and amendments”
More like this from SMV
SMV published 34 documents in the last 30 days. We email you each new one the day it's published.
Source: Superintendencia del Mercado de Valores (Peru) — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
In RegAlert: added