Enforcement · SMV · 6 Nov 2025
The Superintendent Resolution No. 135-2025-SMV/02 reinstates the 30-business-day suspension of Diviso Fondos Sociedad Administradora de Fondos S.A.'s operating authorization, which is set to expire on November 12, 2025. This measure follows a court decision that lifted a previous precautionary measure, confirming that shareholder Yésica Ysabel Del Carpio lacks the required economic solvency. The resolution mandates that Diviso SAF comply with information requests from the SMV and maintains the validity of previous articles regarding the suspension. The document is published on the SMV's institutional website and notified to Diviso SAF, CAVALI S.A. ICLV, the Lima Stock Exchange, and shareholder Julio César Kanashiro Tome.
PERU Ministry of Economy and Finance
SMV
Securities Market
Superintendence
"Decade of Equal Opportunities for Women and Men" "Year of recovery and consolidation of the Peruvian economy" 1 Electronically signed document in 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. 135-2025-SMV/02 Lima, November 6, 2025 The Superintendent of the Securities Market SEEN:
The File No. 2025023227 and Report No. 1612-2025- SMV/10.2 of November 5, 2025, issued by the General Superintendent of Entity Supervision, with the favorable ruling of the Adjunct Superintendent of Prudential Supervision; CONSIDERING:
That, through Office No. 3671-2025-SMV/10.2 of July 4, 2025 (hereinafter, OFFICE 3671), the IGSE communicated to Diviso Fondos Sociedad Administradora de Fondos S.A. (hereinafter, DIVISO SAF) that the economic solvency of Yésica Ysabel Del Carpio, Nicole Alexandra Espinoza Rengifo, Evely Herrera Peña, Esperanza Teresa Livelli Bacigalupo, Julio Ángel Peraltilla Fernández Baca, Diego Jesús Rodríguez Torres, Miguel Ángel Rodríguez Vargas and Enma Dabida Rojas Pomahuali (hereinafter, EVALUATED SHAREHOLDERS) was evaluated, and it was concluded that it had not been proven that said shareholders have the necessary economic solvency to be shareholders of DIVISO SAF. It should be noted that, after the maximum period of fifteen (15) business days to file an administrative appeal against OFFICE 3671 had expired, it was not challenged by DIVISO SAF. Consequently, OFFICE 3671 is final; That, according to Superintendent Resolution No. 077-2025- SMV/02 of July 4, 2025 (hereinafter, RESOLUTION 077) 1 it was stated that because OFFICE 3671 declared that the EVALUATED SHAREHOLDERS did not have the corresponding economic solvency, it was necessary to suspend the operating authorization of DIVISO SAF; That, on July 14, 2025, DIVISO SAF filed before the Third Specialized Chamber in Administrative Litigation of the Superior Court of Justice of Lima (hereinafter, SUPERIOR COURT OF JUSTICE OF LIMA) the lawsuit for, among others, nullity of RESOLUTION 077. Said lawsuit was followed in File No. 00716-2025-0-1853-SP-CA-03; That, through Resolution No. 02 of August 5, 2025 (hereinafter, RESOLUTION 02) issued by the SUPERIOR COURT OF JUSTICE OF LIMA in the Precautionary File No. 00716-2025-46-1801-SP-CA-03, the requested precautionary measure granted by DIVISO SAF was granted and the effects of RESOLUTION 077 were ordered to be suspended, which resolves, among others, the suspension of the operating authorization granted to DIVISO SAF, for 30 business days; That, with Superintendent Resolution No. 098-2025- SMV/02 of August 21, 2025, the Securities Market Superintendence – SMV resolved to comply with and give effect to RESOLUTION 02;
1 Corrected by Superintendent Resolution No. 079-2025-SMV/02 of July 9, 2025.
PERU Ministry of Economy and Finance
SMV
Securities Market
Superintendence
"Decade of Equal Opportunities for Women and Men" "Year of recovery and consolidation of the Peruvian economy" 2 Electronically signed document in 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 That, DIVISO SAF has presented a request for prior authorization of share transfer through which Mr. Julio César Kanashiro Tome would acquire 28% of the shares of the fund administrator society and Mrs. Catalina Rabinovich Woloshin, 34% of said shares; to 7 of the 8 shareholders mentioned in the first consideration of this resolution; That, through Resolution No. 07 of October 24, 2025, corresponding to File No. 00716-2025-0-1853-SP-CA-03, the SUPERIOR COURT OF JUSTICE OF LIMA declared unfounded the lawsuit for, among others, the nullity of RESOLUTION 077, filed by DIVISO SAF, on July 14, 2025; That, consequently, with Resolution No. 06 of October 24, 2025 (hereinafter, RESOLUTION 06), corresponding to the Precautionary File No. 00716-2025-46-1801-SP-CA-03, the SUPERIOR COURT OF JUSTICE OF LIMA ordered declare founded the opposition filed by the SMV to the precautionary measure granted to DIVISO SAF through RESOLUTION 02. In this sense, through RESOLUTION 06 the said precautionary measure is left without effect, which suspended the effects of RESOLUTION 077 and ordered that the SMV refrain from imposing any other measure against DIVISO SAF for the lack of economic solvency of the EVALUATED SHAREHOLDERS; That, DIVISO SAF would maintain as a shareholder Mrs. Yésica Ysabel Del Carpio who has 10% of the share capital of the fund administrator society and does not have economic solvency, according to what is established in OFFICE 3671; That, article 2 of RESOLUTION 077 establishes that the suspension period of Diviso SAF would be thirty (30) business days. It should be noted that this period was suspended by RESOLUTION 02, notified by electronic mailbox on August 8 of 2025, issued by the SUPERIOR COURT OF JUSTICE OF LIMA; however, it corresponds to restart the computation of said suspension period, in accordance with what is provided in RESOLUTION No. 06, notified by electronic mailbox on October 30 of 2025; That, consequently, in accordance with what is established by
article 155-C of the Single Text of the Organic Law of the Judicial Power,
approved by Supreme Decree No. 017-93-JUS, the suspension period of the operating authorization of DIVISO SAF, ordered by RESOLUTION 077, will expire on November 12, 2025; That, in accordance with what is established in article 3, numeral 14, literal ii), of the Concorded Single Text of the Organic Law of the Superintendence of the Securities Market, Legislative Decree No. 26126 and its amendments, the Superintendent of the Securities Market is empowered to suspend automatically the operating authorization granted to legal entities under its supervision and control, without it being necessary to initiate a sanctioning administrative procedure. This, among other cases, when any of its shareholders incurs in impediment or fails to comply with the requirements established by the regulation. Likewise, in case the non-compliance that originates the suspension persists, the Superintendent of the Securities Market may revoke the operating authorization without it being necessary to initiate a sanctioning administrative procedure; and, Being in accordance with what is provided by article 3, numeral 14, literal ii), of the Concorded Single Text of the Organic Law of the
PERU Ministry of Economy and Finance
SMV
Securities Market
Superintendence
"Decade of Equal Opportunities for Women and Men" "Year of recovery and consolidation of the Peruvian economy" 3 Electronically signed document in 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 Securities Market, approved by Legislative Decree No. 26126, as well as by article 12, numeral 6, of the Organization and Functions Regulation of the SMV, approved by Supreme Decree No. 216-2011-EF; RESOLVES:
Article 1st.- To resume the suspension period of the
operating authorization of Diviso Fondos Sociedad Administradora de Fondos S.A., ordered by Superintendent Resolution No. 077-2025-SMV/02, which will expire on November 12, 2025.
Article 2nd.- Diviso Fondos Sociedad Administradora de
Fondos S.A. must comply with informing the Securities Market Superintendence, the day following the execution of the measure ordered in article 1 of this resolution and under responsibility, the information that the Securities Market Superintendence requires of it.
Article 3rd.- What is established in articles
4th to 6th of Superintendent Resolution No. 077-2025-SMV/02 remains in force.
Article 4th.- Publish this resolution on the
Institutional Website of the Securities Market Superintendence on the digital platform unique of the Peruvian State (www.gob.pe/smv).
Article 5th.- This resolution will enter into force
on the day of its notification to Diviso Fondos Sociedad Administradora de Fondos S.A.
Article 6th.- Transcribe this resolution to Diviso
Fondos Sociedad Administradora de Fondos S.A., to CAVALI S.A. ICLV, to the Lima Stock Exchange S.A. and to Mr. Julio César Kanashiro Tome. Register, communicate and publish. Zósimo Juan Pichihua Serna Superintendent of the Securities Market
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The documents this one cites, and the documents that cite it.
“Legislative Decree No. 26126 and its amendments”
“article 155-C of the Single Text of the Organic Law of the Judicial Power, approved by Supreme Decree No. 017-93-JUS”
“Supreme Decree No. 216-2011-EF”
“and Superintendent Resolutions No. 135-2025-SMV/02, No. 140-2025-SMV/02 and No. 150-2025-SMV/10.2, the operating authorization granted to Diviso Fondos Sociedad Administradora de Fondos S.A.”
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