SUNARP Resolution No. 00011-2025-SUNARP/SN, published in the Official Gazette El Peruano on January 23, 2025 (Resolution), ordered the entry into operation of the SIGM, as well as the entry into force of certain rules related to the SIGM, including Legislative Decree No. 1400, Law that approves the Chattel Collateral Regime (New Chattel Collateral Law), and its regulations approved by Supreme Decree No. 243-2019-EF (Regulations).
The SIGM is the electronic platform whose purpose is to operate a public database, remotely accessible and accessible 24 hours a day, in which notices of creation, modification, cancellation and enforcement of movable collateral are filed electronically. The SIGM will become operational on March 2, 2025.
The main aspects and relevant provisions of the Resolution are as follows:
1. Entry into force of related rules:
As of March 3, 2025, the following rules become effective: (i) the New Chattel Collateral Law; (ii) the Regulations; and (iii) certain Resolutions amending the registration regulations of (a) the Vehicle Property Registry, (b) the Public Registry of Aircraft, and (c) the Registries of Ships, Fishery Vessels.
2. Adaptation period:
A period of adaptation and operational simulations is established from January 23 to February 14, 2025 so that SIGM users can perform technical tests and comply with the basic access conditions.
3. Cancellation and modifications of movable guarantees under the previous regulations:
The cancellation of movable guarantees registered in the Legal Registers of Assets or in the Movable Register of Contracts, will be carried out both in said registers and in the SIGM, while modifications and extensions will be carried out exclusively in the SIGM.
4. Acts that can be registered under the previous regulations:
Acts entered into under Law No. 28677, Chattel Collateral Law, and its regulations may only be submitted for registration until February 28, 2025. Likewise, registration applications filed at the Registry Offices prior to the effective date of the New Chattel Guarantee Law and its Regulations will be governed by the previous regulations until their conclusion.
5. Formal publicity of the Legal Property Registries and the Movable Registry of Contracts of acts under the previous regulations:
Formal publicity services on movable guarantees and other affectations on movable property registered in the Legal Registries of Assets or in the Movable Registry of Contracts, remain in force and will continue to be issued by such registries.
Finally, through Resolution SUNARP No. 00013-2025-SUNARP/SN (also published in El Peruano on the same date of the Resolution), Directive DI-001-2025- SUNARP-DTR, “Directive that regulates the access to the Information System of Movable Guarantees and issuance of certifications in application of Legislative Decree No. 1400 and its Regulations”, is approved, through which the management mechanisms that people have to access the services of the SIGM are regulated. Said provisions will become effective on March 3, 2025.
For further information, please contact Nydia Guevara (nguevara@estudiorodrigo.com) y/o Jacques D’Auriol (jdauriol@estudiorodrigo.com).
