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Peru’s Top Court Gives MEF 60 Days to Rewrite Agrarian-Debt Bond Payout Rules

The court upheld valorista valuation by striking down the 2017 formula as unconstitutional.

Overview

  • The Constitutional Court ordered the Ministry of Economy and Finance to issue a Supreme Decree within 60 days creating a new update methodology and an administrative process for registering and paying agrarian-debt bonds.
  • The ruling declared Annex 1 of Supreme Decree 242-2017-EF inapplicable and stated that nominal calculations that depart from valorista criteria are confiscatory and unconstitutional.
  • The court granted an amparo brought by Mónica Jimena Burga Fernández, annulled a 2021 resolution by the Lambayeque civil chamber, and ordered the State to pay case costs.
  • Bondholder representatives said the previous MEF formula drastically reduced bond values, in some cases to zero, and they view the decision as enabling fairer calculations.
  • Advisers say that, if the MEF issues the decree as ordered, an administrative scheme could allow beneficiaries to choose payment form, while Congress’s Economy Committee has advanced a bill to restore such a procedure.