2021-09-29 | DOF 5631170Added · Updated
The National Banking and Securities Commission revokes the authorization of Accendo Banco, S.A., Multiple Banking Institution to operate as a multiple banking institution due to the institution's failure to substantiate the grounds for revocation or restore required capital. The institution is immediately placed into liquidation without needing shareholder approval, and its offices must remain closed while all active, passive, and service operations are suspended until the liquidator determines otherwise. The Commission decided not to declare an intervention of the bank and ordered the publication of the resolution in the Official Gazette and two widely circulated newspapers.
DOF: 29/09/2021
AGREEMENTS of the Board of Directors of the National Banking and Securities Commission, through which the revocation of the authorization granted to Accendo Banco, S.A., Multiple Banking Institution to organize and operate as a multiple banking institution is resolved.
A seal with the National Coat of Arms appears on the margin, which reads: United Mexican States.- TREASURY.- Ministry of
Treasury and Public Credit.- National Banking and Securities Commission.
This
National
Banking
and
Securities
Commission,
based on
the provisions
of
Article
25,
second paragraph of the
Political Constitution
of the
United Mexican States,
as well as
in Articles 28,
first paragraph,
fraction V of the
Credit Institutions Law and
4, fractions XI
and XXXVIII of the
National Banking and Securities Commission Law;
and in accordance with
what is established in
Agreement First adopted by the
Board of Directors of the
same Commission in its
extraordinary session held
on September 28, 2021,
with the objective of complying with
such legal frameworks,
issues this
resolution of revocation of the
authorization, which
was granted to Accendo
Banco, S.A.,
Multiple Banking Institution
to organize and
operate as a Multiple Banking Institution,
according to the following:
AGREEMENTS
FIRST.- The
members of the Board of Directors,
based on Article 12,
fraction V of the
National Banking and Securities Commission Law,
in relation to
Article 28, fraction V of the
Credit Institutions Law and
having the favorable opinion of
the Bank of Mexico and the
Institute for the Protection of Bank Savings,
approved unanimously to revoke the
authorization granted by the
Ministry of Treasury and Public Credit,
through letter number 101-1374 dated June 30,
1995, to
Accendo Banco, S.A.,
Multiple Banking Institution,
to organize and
operate as a multiple banking
institution, since said
institution did not disprove the
grounds for revocation for which
it was summoned through
Letter number 212-1/8970/2020,
dated September 23, 2021,
notified on the
same date, provided for in
fraction V of Article 28,
in relation to
Article 29 Bis,
fraction III,
subparagraph a) of the
Credit Institutions Law,
nor presented the elements that, in the judgment of the
National Banking and Securities Commission,
proved that the
facts and omissions indicated in the
referenced letter were remedied,
nor reintegrated the
capital in the necessary amount to maintain
its operation within
the limits required in the
letter VSGIF B
140/015/2021 of
September 23, 2021.
The foregoing, in terms of the
resolution attached to the
corresponding minutes and which
forms part of this
agreement.
From the date of
notification of this
Agreement, Accendo Banco, S.A.,
Multiple Banking Institution,
will be placed in
liquidation without the need for
the agreement of its
shareholders' assembly, in accordance with
what is provided in the
penultimate and last paragraphs of
Article 28,
in relation to
Article 170 of the
Credit Institutions Law,
as well as in accordance with
what is provided in
Section Second "On the
Liquidation and Judicial Liquidation of
Multiple Banking Institutions",
Chapter II "On the
Bank Savings Protection System"
of Title Seventh "On the
Protection of Public Interests"
of the Credit Institutions Law,
and must keep its
offices and branches closed,
as well as suspend
the carrying out of any type of
active, passive, or
service operation, until such time as
the liquidator resolves what is
appropriate in terms of the
Credit Institutions Law.
SECOND.- The
members of the Board of Directors,
based on what is
established by Article 12,
fractions III and
XIV of the
National Banking and Securities Commission Law,
in relation to
Articles 139, fraction I
and 28, penultimate paragraph of the
Credit Institutions Law,
agreed unanimously that it is
not appropriate to declare the
intervention of Accendo Banco, S.A.,
Multiple Banking Institution,
in terms of what is
provided in Article 129,
fraction I of the
Credit Institutions Law.
THIRD.- The
members of the Board of Directors,
in accordance with what is
provided in Article 16,
fraction VI of the
National Banking and Securities Commission Law,
instructed that the
President of the
National Banking and Securities Commission execute
Agreement First above.
FOURTH.- The
members of the Board of Directors,
based on what is
established by Article 16,
penultimate paragraph of the
National Banking and Securities Commission Law,
instructed that
Agreement First above be
notified by the
President, Legal Vice President, or by the
public servants attached to the
National Banking and Securities Commission
that either of the
two first designates, in terms of the
penultimate paragraph of Article 28
of the
Credit Institutions Law.
FIFTH.- Based on
what is provided in the
penultimate paragraph of Article 28
of the
Credit Institutions Law,
publish this
resolution in the
Official Gazette of the Federation and in two
newspapers of wide circulation in
the country, and register it in the
Public Registry of Commerce that
corresponds to the corporate address of
Accendo Banco, S.A.,
Multiple Banking Institution.
The foregoing, the
President of the
National Banking and Securities Commission makes known,
in accordance with what is
provided in Articles 16,
fraction VI of the
National Banking and Securities Commission Law;
11, first paragraph of the
Internal Regulations of the
National Banking and Securities Commission,
and in terms of what is
ordered in
Agreement Fifth adopted by the
Board of Directors of the
same Commission in its
extraordinary session held
September 28, 2021.
Respectfully,
Mexico City, September 28, 2021.- NATIONAL
BANKING AND SECURITIES COMMISSION.-
President, Juan
Pablo Graf
Noriega.- Signature.
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