Notice revoking authorization for Caja Popular Tecuala, S.C. de A.P. de R.L. de C.V. to operate as a Savings and Loan Cooperative Society

DOF: 05/12/2023

OFFICE LETTER revoking the authorization granted to Caja Popular Tecuala, 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.- Legal Vice Presidency.- General Litigation Directorate.- Office: P319/2023.- File: CNBV.2C.5 Revocation, 212,() "03/04/2023 - 03/04/ 2023", REV/240/EF/01.

Subject:

Authorization is revoked to continue operating as a Savings and Loan Cooperative Society.

LEGAL REPRESENTATIVE OF CAJA POPULAR TECUALA, S.C. DE A.P. DE R.L. DE C.V.

Mexico 96, North, Centro Neighborhood, Postal Code 63450, Tecuala, Nayarit.

This National Banking and Securities Commission, based on the provisions of articles 84, section III, and 91, section IV of the Law for Regulating the Activities of Savings and Loan Cooperative Societies (hereinafter LRASCAP), the first paragraph of article 2; articles 4, sections I, XI, and XXXVIII, and 5 and 16, sections VI and XVII of the Law of the National Banking and Securities Commission (hereinafter LCNBV), inasmuch as this Decentralized Body of the Ministry of Finance and Public Credit has as its objective to supervise and regulate, within the scope of its competence, the entities that are part of the Mexican financial system, in order to ensure their stability and proper functioning, as well as to maintain and promote the sound and balanced development of said system as a whole, in protection of the interests of the public, to authorize the constitution and operation of those entities specified by the laws and, where applicable, to agree on the revocation of said authorizations.

With the objective of complying with the legal provisions cited, this resolution revoking the authorization to continue operating as a Savings and Loan Cooperative Society is issued, which was at one time granted to the society named CAJA POPULAR TECUALA, S.C. DE A.P. DE R.L. DE C.V., (hereinafter Tecuala, Entity, SOCAP or Society, interchangeably), in accordance with the following:

I BACKGROUND
[ ... ]

II. CONSIDERATIONS

FIRST. COMPETENCE.

Based on the provisions of articles 84, first paragraph, section III of the LRASCAP, 2, 4, sections I, XI, and XXXVIII, 12, sections V and XV, 16, sections VI and XVII, of the LCNBV, in conformity with the referenced regulations, the National Banking and Securities Commission, as a Decentralized Body of the Ministry of Finance and Public Credit, is authorized to authorize the constitution and operation as a Savings and Loan Cooperative Society and, where applicable, to agree on the revocation of said authorizations.

[ ... ]

Therefore, it is reasonable to conclude that in accordance with the information available to this Commission, as well as by the opinion issued by FOCOOP, concatenated with the fact that this society did not provide effective elements to disprove the causal for revocation for which it was summoned, and much less offered any element of conviction to discredit said circumstance, this Commission arrives at the conviction that the causal for revocation for which CAJA POPULAR TECUALA, S.C. DE A.P. DE R.L. C.V. was summoned has occurred, contained in section III of article 84 of the LRASCAP.

[ ... ]

RESOLVES

FIRST. This Decentralized Body, based on the provisions of articles 84, section III of the aforementioned Law for Regulating the Activities of Savings and Loan Cooperative Societies and 12, sections V and XV, of the Law of the National Banking and Securities Commission, as well as in accordance with the SEVENTH AGREEMENT adopted by the Board of Directors of said Commission in its ordinary session held on November 10, 2023, and the considerations exposed in this resolution,

REVOKES the authorization granted to CAJA POPULAR TECUALA, S.C. DE A.P. DE R.L. C.V. to continue carrying out savings and loan operations.

SECOND. From the date of notification of this resolution, CAJA POPULAR TECUALA, S.C. DE A.P. DE R.L. DE C.V. will be incapacitated by effect of the revocation of said Savings and Loan Cooperative Society to carry out operations, and will be placed in a state of dissolution and liquidation, in accordance with what is provided in article 84, antepenultimate paragraph, of the Law for Regulating the Activities of Savings and Loan Cooperative Societies.

THIRD. [ ... ]

FOURTH. [ ... ]

FIFTH. [ ... ]

The foregoing is made known to you based on the provisions of articles 16, section VI, and penultimate paragraph, of the Law of the National Banking and Securities Commission and 14 of the Internal Regulations of the National Banking and Securities Commission, as well as in terms of the SEVENTH AGREEMENT adopted by the Board of Directors of said Commission in its ordinary session held on November 10, 2023.

Thus, it was provided by the President of the National Banking and Securities Commission, based on what is established in articles 16, sections VI and XVII, of the Law of the National Banking and Securities Commission and signed, in substitution for absence by the same, the Legal Vice President of this Commission, in accordance with what is provided in articles 3, section III, second paragraph, 4, section I, subsection A, section II, subsection A, subsection 7), 9, 14 and 60 of the Internal Regulations of the National Banking and Securities Commission.

Respectfully,
Mexico City, November 13, 2023. - Legal Vice President of the National Banking and Securities Commission, Lic. Ángel Salvador Vargas Mitre. - Rubric.

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