Agreement 31/2022 modifying Article 7 of the Organic Regulations of Nacional Financiera to increase its share capital

DOF: 03/03/2022

AGREEMENT 31/2022 modifying Article 7

At the margin, a seal with the National Coat of Arms, which says: United Mexican States.- FINANCE.- Ministry of Finance and Public Credit.

Agreement 31/2022

AGREEMENT modifying Article 7, paragraphs first and second of the Organic Regulations of Nacional Financiera, National Credit Society, Development Banking Institution, to increase its share capital.

ROGELIO EDUARDO RAMÍREZ DE LA O, Secretary of Finance and Public Credit, based on articles 31, fractions VII and XXXII of the Organic Law of the Federal Public Administration; 30, second and last paragraphs, and 38, first paragraph of the Credit Institutions Law, in exercise of the powers conferred upon me by article 6, fraction XXI of the Internal Regulations of the Ministry of Finance and Public Credit, and

CONSIDERING

That the Honorable Congress of the Union, through a Decree published in the Official Journal of the Federation on December 26, 1986, issued the Organic Law of Nacional Financiera.

That the Ministry of Finance and Public Credit issued the Organic Regulations of Nacional Financiera, National Credit Society, Development Banking Institution, published in the Official Journal of the Federation on April 2, 1991 and reformed through Agreements published in the same dissemination medium on June 5, 2009, August 25, 2015, and February 18, 2021.

That based on articles 38, first paragraph and 42, third paragraph, fractions XI, XII, XIII and XIV of the Credit Institutions Law, the Board of Directors of Nacional Financiera, National Credit Society, Development Banking Institution, in its ordinary session held on February 24, 2021, through agreement number 7-240221, approved: i. an increase in share capital by an amount of $1,500,000,000.00 (one billion five hundred million pesos 00/100 M.N.), to stand at $4,500,000,000.00 (four billion five hundred million pesos 00/100 M.N.), for which it agreed to propose to the Ministry of Finance and Public Credit the modification of Article 7 of the Organic Regulations of Nacional Financiera, National Credit Society, Development Banking Institution, and ii. to carry out the formalization of the contributions of the Federal Government within the paid-in share capital of the Institution, for a total amount of $7,290,000,000.00 (seven billion two hundred ninety million pesos 00/100 M.N.).

That Nacional Financiera, National Credit Society, Development Banking Institution, through letter DGAJF/17-2021 dated November 16, 2021, requested this Ministry to modify the Organic Regulations of the Society in the terms indicated in the two preceding paragraphs.

That since, based on articles 30, second paragraph and 38, first paragraph of the Credit Institutions Law, as well as Article 7, third paragraph of the Organic Regulations of Nacional Financiera, National Credit Society, Development Banking Institution, it corresponds to the Ministry of Finance and Public Credit to issue, subject to what is provided in the Credit Institutions Law; the Organic Law of Nacional Financiera, and the Organic Regulations of said National Credit Society in which the bases are established according to which its organization and functioning will be governed, I have deemed it appropriate to issue the following:

Agreement 31/2022

AGREEMENT MODIFYING ARTICLE 7, FIRST AND SECOND PARAGRAPHS OF THE ORGANIC REGULATIONS OF NACIONAL FINANCIERA, NATIONAL CREDIT SOCIETY, DEVELOPMENT BANKING INSTITUTION, TO INCREASE ITS SHARE CAPITAL.

SOLE.- The first and second paragraphs of Article 7 of the Organic Regulations of Nacional Financiera, National Credit Society, Development Banking Institution are MODIFIED, to read as follows:

"Article 7.- The share capital of Nacional Financiera, National Credit Society, Development Banking Institution, is $4,500,000,000.00 (FOUR BILLION FIVE HUNDRED MILLION PESOS 00/100 M.N.).

This share capital will be represented by 59,400,000 (FIFTY-NINE MILLION FOUR HUNDRED THOUSAND) participation certificates of series "A" with a nominal value of $50.00 (FIFTY PESOS 00/100 M.N.) each and by 30,600,000 (THIRTY MILLION SIX HUNDRED THOUSAND) participation certificates of series "B", with a nominal value of $50.00 (FIFTY PESOS 00/100 M.N.) each.

..."

TRANSITORY PROVISIONS

ARTICLE FIRST.- This Agreement enters into force the day following its publication in the Official Journal of the Federation.

ARTICLE SECOND.- The paid-in capital of the institution at the time of this Agreement will amount to $3,108,161,000.00 (three billion one hundred eight million one hundred sixty-one thousand pesos 00/100 M.N.), which will be represented by 62,163,220 participation certificates (CAPs) at their nominal value of $50.00 (fifty pesos 00/100 M.N.) each, of which 41,027,725 CAPs of series "A" (66%) correspond, with a nominal value of $50.00 (fifty pesos 00/100 M.N.) each, and 21,135,495 CAPs of series "B" (34%), with a nominal value of $50.00 (fifty pesos 00/100 M.N.) each.

ARTICLE THIRD.- Nacional Financiera, National Credit Society, Development Banking Institution, in terms of the applicable legal provisions, will proceed to carry out the necessary acts to comply with this Agreement.

ARTICLE FOURTH.- In accordance with what is established by the last paragraph of Article 30 of the Credit Institutions Law, Nacional Financiera, National Credit Society, Development Banking Institution, must register in the Public Commerce Registry the modifications that, by virtue of this Agreement, are made to its Organic Regulations.

Mexico City, February 21, 2022.- The Secretary of Finance and Public Credit, Rogelio Eduardo Ramírez de la O. - Signature.

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