2024-08-12 | DOF 5735757Added
The National Banking and Securities Commission authorizes Afluenta Peer to Peer, S.A. de C.V. to organize and operate as a collective financing institution named Afluenta Mexico, S.A. de C.V., subject to specific conditions including a minimum initial capital of 500,000 UDI and indefinite duration. The entity is subject to supervision by the Commission and the Bank of Mexico and must comply with the Law for the Regulation of Financial Technology Institutions and related general provisions. This authorization is intransmissible and requires adherence to obligations outlined in official notice P130/2021.
DOF: 12/08/2024
OFFICE LETTER through which authorization is granted for the organization and operation of a collective financing institution to be named Afluenta Mexico, S
At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.- Presidency.- Office No.: P129/ 2021.
Subject:
Authorization for the organization and operation of a
collective financing institution to
be named Afluenta Mexico, S.A. de C.V.,
Collective Financing Institution.
AFLUENTA PEER TO PEER, S.A. DE C.V.
Blvd. Manuel Avila Camacho No. 24, floor PH,
Colonia Lomas de Chapultepec, C.P. 11000,
Miguel Hidalgo, Mexico City.
TO:
MR. ALEJANDRO JOSE COSENTINO
Legal Representative
With a writing presented on September 23, 2019, Afluenta Peer to Peer, S.A. de C.V. (Afluenta or the
company) requested authorization from the National Banking and Securities Commission (Commission) to organize and
operate as a Collective Financing Institution to be named Afluenta Mexico, S.A. de C.V.,
Collective Financing Institution, attaching the corresponding supporting information and documentation.
As a background, it should be noted that this Commission warned Afluenta within the established term in the
Law for the Regulation of Financial Technology Institutions, in order for it to address various observations and
recommendations regarding its authorization request, granting it the extension requested to
this authority.
In relation to the above, Afluenta submitted various documents and information in order to respond
to the aforementioned warning. Likewise, this authority required Afluenta to provide various
complementary documents and information in order to be in a position to address its authorization request, so that, that company complied with the request for complementary information and sent
updated documentation and information regarding its file. The company requested an extension
of the resolution term and an extension for the processing, which were granted.
Regarding this matter, the Interinstitutional Committee in a session held on May 24, 2021, with
basis in articles 11 and 35, in relation to article 15 of the Law for the Regulation of Financial Technology Institutions and,
CONSIDERING
FIRST.- That the documentation and information presented in connection with the authorization request
for the organization and operation of the collective financing institution to be named Afluenta Mexico,
S.A. de C.V., Collective Financing Institution, meets the requirements provided in article 15, in
relation to article 39 of the Law for the Regulation of Financial Technology Institutions and with articles
3, 4 and 6 of the General Provisions applicable to Financial Technology Institutions.
SECOND.- That from the analysis of the documentation and information received, it was concluded that from the point
of view legal, financial and operational, it is appropriate to grant the requested authorization, so the following was adopted:
AGREEMENT
"THIRD.- The members of the Interinstitutional Committee, based on articles 11 and 35, in
relation to article 15 of the Law for the Regulation of Financial Technology Institutions, approve by
unanimity the authorization for the organization and operation of a Collective Financing Institution to
be named Afluenta Mexico, S.A. de C.V., Collective Financing Institution, under the terms of the
proposal presented to the Committee. ".
The above agreement is adopted without prejudice to the other authorizations that, in connection with the act described
must be obtained from the National Banking and Securities Commission, in terms of the applicable provisions,
as well as the exercise of the powers attributed to said Commission during the organization process of
Afluenta Mexico, S.A. de C.V., Collective Financing Institution, in which all
conditions and requirements imposed by said Commission must be met.
The entity whose organization and operation is authorized, will be subject to the following:
BASES
FIRST.-
The name of the company will be Afluenta Mexico, S.A. de C.V., Collective
Financing Institution.
SECOND.-
It will have its social domicile in Mexico City.
THIRD.-
Its duration will be indefinite.
FOURTH.-
The amount of its minimum initial social capital must be at least the equivalent in
national currency to 500,000 Investment Units (UDI's).
FIFTH.-
Its corporate purpose will correspond to the performance of all activities in national
currency contemplated in articles 15, 16 fraction I and 19 of the Law for the Regulation of
Financial Technology Institutions.
SIXTH.-
The authorization referred to in this office letter is, by its very nature,
inalienable.
SEVENTH.-
The institution will be subject to the supervision of the National Banking and Securities Commission
and of the Bank of Mexico, in the exercise of their respective attributes, as well as, of the
other competent financial authorities in the terms established by law.
EIGHTH.-
The services consisting of collective debt financing that the institution provides
by virtue of this authorization, as well as the other operations it carries out, at
the same time as its organization and operation in general, will be subject, in what is not expressly stated
in this office letter, to the Law for the Regulation of Financial Technology
Institutions, to the rules and general provisions applicable to Financial Technology
Institutions issued by the National Banking and Securities Commission, to the
provisions regarding its operations issued by the Bank of Mexico and to the other
current norms and provisions and those that are issued in the future by any competent
authority, including those related to operations with resources of illicit origin and
financing of terrorism, which by their nature are applicable.
In relation to the above, Afluenta must observe the terms and comply with the obligations
contained in office letter P130/2021 dated May 27, 2021.
This is issued with basis in articles 16, fractions I and XVII of the Law of the National
Banking and Securities Commission and 12 and 41, fraction I of the Internal Regulations of the National Banking and Securities Commission
and of the National Banking and Securities Commission.
Respectfully
Mexico City, May 27, 2021. - President, Juan Pablo Graf Noriega.- Signature.
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