2021-09-29 | DOF 5631170

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Agreements of the Board of Directors of the National Banking and Securities Commission revoking the authorization of Accendo Banco, S.A., Multiple Banking Institution

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.

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Secretaria de Hacienda y Credito Publico

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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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