La Superintendencia de Valores comunica la obligatoriedad de presentación del Formulario de Solicitud de Verificación Previa

04/04/2024

\ The Superintendency of Securities notifies the mandatory filing of the Prior Verification Request Form

Through Circular SV. SG. No. 04 dated February 15, 2024, the Superintendency of Securities ("SIV") issued the mandatory filing of the Prior Verification Request Form (the "Form") by companies subject to the special regime of the Securities Market. This requirement applies when the company submits requests for prior verification related to incorporation, modification, merger, transformation, dissolution and other procedures before the General Directorate of Legal Persons and Structures and Beneficial Owners ("DGPEJBF"). The Form must be duly completed and signed by the legal representative of the company.

In addition to the Form, the following documents must be submitted:

In the case of incorporation of Publicly Held Corporations ("SAECA"), the digitalized copy of the public deed containing the transcription of the bylaws;
In the case of incorporation of Asset Management Companies for Investment Funds ("AFPI"), a digital copy of the draft bylaws must be submitted for the issuance of the opinion that must be transcribed in the public deed of incorporation. Once the articles of incorporation have been notarized and the objection has been transcribed, a digitalized copy of the public deed must be submitted for confirmation prior to its filing with the DGPEJBF;
In the case of incorporation of other agents of the Securities Market, the digitalized copy of the public deed where the transcription of the bylaws; and,
In the case of merger, transformation, dissolution and withdrawal from the public offering regime, a digitalized copy of the public deed.

It is clarified that, excluding the cases of incorporation of SAECA, AFPI and other agents of the Securities Market, companies are subject to the special regime of the Securities Market as from their registration in the registry of the SIV. For this reason, prior verification of bylaws of companies that intend to make public offerings of securities other than shares is not required, as long as they are not registered and, therefore, requests for prior verification will not be received.