Report of Foreign Issuer (6-k)
December 08 2017 - 6:02AM
Edgar (US Regulatory)
UNITED STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
6-K
REPORT
OF FOREIGN ISSUER
PURSUANT
TO RULE 13a-16 OR 15b-16 OF
THE
SECURITIES EXCHANGE ACT OF 1934
For
the month of December, 2017
Commission
File Number 001-35591
GRAÑA Y MONTERO S.A.A.
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(Exact name of registrant as specified in its charter)
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GRAÑA Y MONTERO GROUP
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(Translation of registrant’s name into English)
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Republic of Peru
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(Jurisdiction of incorporation or organization)
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Avenida Paseo de la República 4667, Lima 34,
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Surquillo, Lima
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Peru
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(Address of principal executive offices)
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Indicate by
check mark whether the registrant files or will file annual reports
under cover Form 20-F or Form 40-F:
Form 20-F
__X__ Form 40-F ______
Indicate by
check mark if the registrant is submitting the Form 6-K in paper as
permitted by Regulation S-T Rule 101(b)(1): [ ]
Indicate by
check mark if the registrant is submitting the Form 6-K in paper as
permitted by Regulation S-T Rule 101(b)(7): [ ]
Indicate by
check mark whether the registrant by furnishing the information
contained in this Form is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act
of 1934.
Yes
______ No __X__
If "Yes" is
marked, indicate below the file number assigned to the registrant in
connection with Rule 12g3-2(b): Not applicable.
December 06, 2017
Messrs.,
Superintendencia del Mercado de Valores – SMV
Present.
-
Attn.: Dr. Alix Godos
General
Intendant - General Intendance of Behavior Supervision
Reference: File N° 2017047472
Official
Letter N° 7961-2017-SMV/11.1
Dear Sirs,
By means of this letter and as an important Relevant Information of
Communication, we refer to the Official Letter N ° 7961-2017-SMV / 11.1
(hereinafter, the "Official Letter"), through which the [Office of
Company Oversight requires certain information related to the order of
preventive detention that the Judiciary has ordered against former
members of the Board of Directors of Graña y Montero S.A.A.
(hereinafter, "Graña y Montero" or “we”), Mr. José Graña Miró Quesada
and Mr. Hernando Graña Acuña, as well as the house arrest measure
ordered against Mr. Gonzalo Ferraro Rey, who served as Corporate Manager
of Business Development of the company. The Official Letter specifically
requires the following:
1.
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Disclose information regarding the measures ordered by the
Judiciary against its former directors and current Corporate
Manager of Business Development.
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In this regard, we must point out that Graña y Montero is only aware of
the measures ordered by the Judiciary against its former directors
through the information that is public and that has been disseminated
through the media.
As such, we know that the measures indicated in the Official Letter have
been ordered by the Judiciary orally, in a public and televised hearing.
The formal decision, that is the written resolution, has only been
notified to its recipients and therefore does not involve Graña y
Montero.
Additionally, we must indicate that Mr. Gonzalo Ferraro Rey, who served
as Corporate Manager of Business Development of Graña y Montero,
submitted his resignation to on November 27, 2017 stating "that said
decision relates to circumstances of personal nature, due to the disease
that I have been suffering, so I request to be exempted from the period
of 30 calendar days notice required by Article 18 of the Single Order
Text of Legislative Decree 728 ", and served at the company until
November 30th. Therefore, he is not a current employee of Graña y
Montero.
Finally, and with due respect to the powers of the Public Prosecutor,
Graña y Montero considers that the measure taken against former
directors and employees of the company is disproportionate, taking into
account the alternatives available to the Judiciary .
2.
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To inform about the measures that the represented company
will adopt in relation to its Corporate Manager of Business
Development, Mr. Gonzalo Ferraro Rey, as well as regarding the
former directors Mr. José Graña Miró Quesada and Mr. Hernando
Graña Acuña.
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As indicated in the previous paragraph, Mr. Gonzalo Ferraro Rey is no
longer a manager or employee of Graña y Montero, and consequently we
have no measures to take with respect to him.
Moreover, to date, the Board of Directors of Graña y Montero has not
decided to take measures against the former directors and employees
indicated in the Official Letter. It should be noted that the judicial
decision that is the motive of the Official Letter, is due to the
application of a precautionary measure whose purpose is to ensure the
development of a process and its result. It is not a decision of
substance, nor does it suppose the confirmation of an act, crime,
occurrence or premise of any kind.
Based on the foregoing, we request that the requirement contained in the
Official Letter be absolved.
Sincerely,
___________________________
/s/ Luis Diaz Olivero
Chief
Executive Officer
GRAÑA Y MONTERO S.A.A
Pursuant to
the requirements of the Securities Exchange Act of 1934, the registrant
has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.
GRAÑA Y MONTERO S.A.A.
By: /s/ CLAUDIA DRAGO MORANTE
Name:
Claudia Drago Morante
Title: Stock Market Representative
Date:
December
6, 2017
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