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Superintendent Resolution No. 093-2024-SMV/02

Lima, 3 July 2024

The Superintendent of the Securities Market

WHEREAS:

Administrative File No. 2024023765 and Report No. 700-2024-SMV/10.2, issued by the General Superintendence of Entity Supervision with the favorable endorsement of the Deputy Superintendent of Prudential Supervision;

CONSIDERING:

That, by Superintendent Resolution No. 120-2015-SMV/02 of 26 November 2015, the operation of LXG Asset Management S.A. Sociedad Administradora de Fondos de Inversión as an investment fund management company was authorized. Subsequently, by Superintendent Resolution No. 104-2021-SMV/02 of 15 October 2021, its operation as a mutual fund management company was authorized, changing its name to LXG Asset Management S.A. Sociedad Administradora de Fondos, or abbreviated LXG Asset Management S.A. SAF;

That, article 36 of the Regulation of Mutual Funds for Investment in Securities and their Management Companies, approved by Conasev Resolution No. 068-2010-EF/94.01.1 and its amendments, states that the operating authorization may be revoked if two (02) years pass without the management company having at least one operating mutual fund. Once this period has expired, said company shall automatically lose its operating authorization to manage mutual funds;

That, article 180 of the Regulation of Mutual Funds for Investment in Securities and their Management Companies, states that the exclusion from the Public Registry of the Securities Market of management companies proceeds in the event of revocation or cancellation of their operating authorization;

That, according to the information in the Public Registry of the Securities Market, LXG Asset Management S.A. SAF did not register any mutual fund under any of the modalities permitted by the regulations, therefore LXG Asset Management S.A. SAF does not have any operating mutual fund;

That, article 5 of Superintendent Resolution No. 104-2021-SMV/02 establishes that it shall enter into force on the day following its publication in the Official Gazette El Peruano, which occurred on 23 November 2021;

That, taking into consideration the foregoing, LXG Asset Management S.A. SAF has automatically lost its operating authorization as a mutual fund management company since 25 November 2023, and consequently, its automatic exclusion from the section of mutual fund management companies of the Public Registry of the Securities Market proceeds, in accordance with articles 36 and 180 of the Regulation of Mutual Funds for Investment in Securities and their Management Companies;

That, in accordance with the provisions of article 12, numeral 1 of the Regulation of Organization and Functions of the SMV, approved by Supreme Decree No. 216-2011-EF and its amendments, the Superintendent of the Securities Market is responsible for authorizing, canceling and revoking the operating authorization of entities under the supervision scope of the SMV; and, in accordance with article 3, numeral 3 of the Concorded Single Text of the Organic Law of the SMV, Legislative Decree No. 26126, and its amendments, the Superintendent of the Securities Market is empowered to maintain the Public Registry of the Securities Market;

That, consequently, it corresponds to the Superintendent of the Securities Market to declare the automatic revocation of the operating authorization of management companies that have not complied with maintaining an operating investment fund as indicated in article 36 of the Regulation of Investment Funds and their Management Companies;

That, LXG Asset Management S.A. Sociedad Administradora de Fondos maintains its operating authorization as an investment fund management company, in accordance with Superintendent Resolution No. 120-2015-SMV/02. In that sense, it must amend its bylaws and corporate name, replacing the reference to fund management company (SAF) with that of investment fund management company (SAFI), in accordance with article 253 of the Single Ordered Text of the Securities Market Law and article 124 of the Regulation of Mutual Funds for Investment in Securities and their Management Companies; and,

In accordance with the provisions of article 3, numeral 3, of the Concorded Single Text of the Organic Law of the SMV; article 12, numeral 1 and article 38, numeral 12 of the Regulation of Organization and Functions of the Superintendence of the Securities Market; and articles 36 and 180 of the Regulation of Mutual Funds for Investment in Securities and their Management Companies;

RESOLVES:

Article 1.- To declare that the operating authorization of LXG Asset Management S.A. Sociedad Administradora de Fondos as a mutual fund management company for investment in securities has been automatically revoked as of 25 November 2023 and, consequently, to exclude said company from the section of Mutual Fund Management Companies of the Public Registry of the Securities Market of the Superintendence of the Securities Market.

Article 2.- LXG Asset Management S.A. Sociedad Administradora de Fondos must amend its corporate name, replacing the reference to fund management company (and its abbreviation SAF) with that of

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investment fund management company (or its abbreviation SAFI), as well as to amend its corporate purpose.

Article 3.- Publish this resolution on the institutional page of the Superintendency of the Securities Market on the single 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 on the day of its notification to LXG Asset Management S.A. Sociedad Administradora de Fondos, without prejudice to the automatic revocation and exclusion declared in Article 1 above.

Article 5.- Transcribe this resolution to LXG Asset Management S.A. Sociedad Administradora de Fondos.

Register, communicate and publish.

Zósimo Juan Pichihua Serna
Superintendent of the Securities Market

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