Notice revoking authorization to operate as a credit union for Union de Credito Industrial, Comercial y de Servicios de Cancun, S.A. de C.V.

DOF: 13/11/2017

OFFICE LETTER through which the authorization granted to Union de Credito Industrial, Comercial y de Servicios de Cancún, S.A. de C.V. to operate as a credit union is revoked.

A seal with the National Emblem appears at the margin, which reads: United Mexican States.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.- Presidency.- Office No.: P306/2017.- CNBV.212.421.12(488) " 2014/OCT/09 " /U-564.

SUBJECT: Authorization revoked.

UNION DE CREDITO INDUSTRIAL, COMMERCIAL AND SERVICES OF CANCÚN, S.A. DE C.V.

Chaca, Block 1, Lot 02, Int. D, Col. Supermanzana 23 Centro, Benito Juárez, Quintana Roo, C.P. 77500

This National Banking and Securities Commission, based on what is established in articles 97, fraction XIV, of the Credit Unions Law, 4, fractions XI and XXXVIII, of the National Banking and Securities Commission Law; as well as in accordance with the EIGHTH, ELEVENTH and TWELFTH agreements adopted by the Board of Directors of said Commission in its ordinary session held on April 13, 2015, and with the object of complying with said legal provisions, issues this resolution revoking the authorization, to operate as a credit union, granted to Union de Credito Industrial, Comercial y de Servicios de Cancún S.A. de C.V., according to the following:

BACKGROUND

1.
By Office number 601-II-2256 of January 10, 1992, the then National Banking Commission, now the National Banking and Securities Commission, granted authorization to operate as a Credit Union.

2.
By office number 132-B/101241/2014, of March 4, 2014, an ordinary inspection visit was ordered, which took place from March 24 to April 4, 2014.

3.
As a result of the above, by office number 132-B/101257/2014 of May 7, 2014, the observations derived from the conducted visit were communicated to them, including those related to their book capital being lower than the required minimum capital, and the right to be heard was granted.

4.
For this reason, that Company, through a document received by this Commission on June 9, 2014, exercised the right to be heard granted in the aforementioned office.

5.
In view of the above, this Commission by office number 132-B/101404/2014, of July 10, 2014, issued corrective actions and measures.

6.
Through a document dated August 25, 2014, that Company requested an extension in order to comply with the measures dictated in the office referred to in the previous paragraph.

7.
As a result of the above, by office number 132-B/101442/2014 dated September 1, 2014, this Commission granted that Company a deadline so that, in exercise of the right to be heard provided for in article 97 of the Credit Unions Law, it could manifest what suited its rights, offer evidence and formulate arguments, regarding the cause for revocation of its authorization to operate as a Credit Union, in which it finds itself located, provided for in fraction XIV of the cited legal provision, for the reasons exposed in the aforementioned Office and which are indicated below:

" As a result of the above, this Commission evidences that that Company presents a book capital lower than the minimum capital it is required to maintain, in accordance with what is established in article 18 of the Credit Unions Law, which establishes:

Article 18.- The minimum subscribed and paid capital for unions will be determined according to the level of operations assigned to it, as follows:
I. For unions with operation level I, it must be equivalent in national currency to the value of 2,000,000 investment units;
II. For unions with operation level II, it must be equivalent in national currency to the value of 3,000,000 investment units, and
III. For unions with operation level III, it must be equivalent in national currency to the value of 5,000,000 investment units.
The amount of minimum capital that unions must have must be subscribed and paid no later than the last business day of the year in question. To this effect, the value of the investment units corresponding to December 31 of the immediately preceding year will be considered. The minimum capital must be integrated by shares without withdrawal rights. Paid capital with withdrawal rights, in no case, may be higher than paid capital without withdrawal rights. When a union announces its social capital, it must simultaneously announce its paid capital. (3) Fourth Paragraph.- Repealed. The Commission will establish the cases and conditions under which unions may temporarily acquire the shares representing their own capital seeking their sound development and liquidity. "

In effect, this Commission observed that, as of December 31, 2013, it presents a Book Capital of $5,921,889, which is lower than the minimum paid capital it is required to maintain of $9,749,248; the result of the difference between its book capital and its minimum capital produces a shortage of $3,827,359, as shown below:
...

Additionally, from the analysis of the financial information sent electronically to this Agency by that Entity through the Interinstitutional Information Transfer System (SITI) with figures as of June 30, 2014, in compliance with what is established in the SECOND TRANSITORY PROVISION of the " RESOLUTION that modifies the General Provisions applicable to credit auxiliary organizations, exchange houses, credit unions, limited object financial societies and multiple object financial societies regulated ", published in the Official Journal of the Federation on February 4, 2011, in relation to articles 49, 50 and 57 of the " General Provisions Applicable to Credit Auxiliary Organizations, Exchange Houses, Credit Unions, Limited Object Financial Societies and Multiple Object Financial Societies Regulated ", the following arises:

As can be seen, that Credit Union as of June 30, 2014, presents a book capital of $6,932,409, which is lower by $3,185,053 than the minimum capital it is required to maintain in accordance with operation level I in which that Entity is located, which amounts to $10,117,462. "

8.
Through a document received by this Commission on September 22, 2014, that Company exercised its right to be heard granted in the office referred to in paragraph 7 above.

9.
Also, on January 14, 2015, this Decentralized Body received various documents dated the 6th of the same month and year, through which Union de Credito Industrial, Comercial y de Servicios de Cancún, S.A. de C.V., made various statements in scope to the document referred to in paragraph 7, of the antecedents in question.

10.
On April 13, 2015, the revocation of the authorization of Union de Credito Industrial, Comercial y de Servicios de Cancún, S.A. de C.V. was submitted to the consideration of the Board of Directors of the National Banking and Securities Commission, based on the facts stated in the paragraphs above of this chapter and adopted, regarding that Society, the EIGHTH, ELEVENTH and TWELFTH agreements, of which certification is attached to the present resolution and transcribed, for quick reference below:

" EIGHTH.- The members of the Board of Directors unanimously agreed to revoke the authorization granted by the then National Banking Commission, currently the National Banking and Securities Commission, by office number 601-II-2256 of January 10, 1992, to operate as a credit union, to the society named Union de Credito Industrial, Comercial y de Servicios de Cancún, S.A. de C.V., so that in accordance with the Credit Unions Law, its dissolution and liquidation proceed, in the terms contained in the resolution attached as annex " 9 " of this minutes.

ELEVENTH.- The members of the Board of Directors, in accordance with what is established in article 16, fraction VI of the National Banking and Securities Commission Law, instruct that the President of the National Banking and Securities Commission execute the Eighth, Ninth and Tenth Agreements above.

TWELFTH.- The members of the Board of Directors, based on what is established in article 16, penultimate paragraph of the National Banking and Securities Commission Law, in relation to what is established in article 12 of the Internal Regulations of the National Banking and Securities Commission, instructed that the resolutions referred to in the Eighth, Ninth and Tenth Agreements above, must 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. "

As a result of the above, the reasons and legal provisions that support the revocation of the authorization, to operate as a Credit Union, granted to that Union de Credito Industrial, Comercial y de Servicios de Cancún, S.A. de C.V., are exposed below, according to the following:

CONSIDERATIONS

FIRST. That based on articles 14 and 97 of the Credit Unions Law, in relation to articles 4, fractions XI and XXXVIII and 12, fractions V and XV of the National Banking and Securities Commission Law, this Decentralized Body is competent to authorize the operation of Credit Unions and to declare the revocation of said authorization.

SECOND. That the Second Transitory Article of the Decree by which the Credit Unions Law is issued and the General Law of Titles and Credit Operations is added and reformed, published in the Official Journal of the Federation on August 20, 2008 provides:

" Second.- Chapter III of Title Two of the General Law of Organizations and Auxiliary Credit Activities, published in the Official Journal of the Federation on January 14, 1985, is repealed, as well as any reference in said Law to credit unions.

Credit unions authorized to operate as such in accordance with the provisions that are repealed, will be deemed authorized to operate under the terms of this Decree.

..."

THIRD. That fraction XIV, of article 97 of the Credit Unions Law, literally states:

" Article 97

The Commission, with the agreement of its Board of Directors and after hearing the interested society, may declare the revocation of the authorization granted to unions, in the following cases:

...

XIV. If the book capital of the union is less than the minimum capital required based on the level of operations authorized for it, and " .

FOURTH. That the National Banking and Securities Commission, through Office number 132-B/101442/2014, cited in paragraph 7 of the Background section of this Resolution, fully complied with article 97 of the Credit Unions Law, granting Union de Credito Industrial, Comercial y de Servicios de Cancún, S.A. de C.V., a deadline so that, in exercise of its right to be heard granted by said article 97, it could manifest what suited its rights, offer evidence and formulate arguments, regarding the cause for revocation of its authorization to operate as a Credit Union in which it finds itself located, provided for in fraction XIV, of the cited article of the invoked legal provision.

FIFTH. That from the analysis of the summons office, the arguments exposed and the evidence exhibited by that Society, this authority determines that they are inoperative, unfounded and insufficient to disprove the cause for revocation for which it was summoned.

In effect, from the analysis of office number 132-B/101442/2014 of September 1, 2014, cited in paragraph 7 of the background chapter of this resolution, it emerges that this Commission summoned that Society because:

" As a result of the above, this Commission evidences that that Company presents a book capital lower than the minimum capital it is required to maintain, in accordance with what is established in article 18 of the Credit Unions Law, which establishes:

Article 18.- The minimum subscribed and paid capital for unions will be determined according to the level of operations assigned to it, as follows:
I. For unions with operation level I, it must be equivalent in national currency to the value of 2,000,000 investment units;
II. For unions with operation level II, it must be equivalent in national currency to the value of 3,000,000 investment units, and
III. For unions with operation level III, it must be equivalent in national currency to the value of 5,000,000 investment units.
The amount of minimum capital that unions must have must be subscribed and paid no later than the last business day of the year in question. To this effect, the value of the investment units corresponding to December 31 of the immediately preceding year will be considered. The minimum capital must be integrated by shares without withdrawal rights. Paid capital with withdrawal rights, in no case, may be higher than paid capital without withdrawal rights. When a union announces its social capital, it must simultaneously announce its paid capital. (3) Fourth Paragraph.- Repealed. The Commission will establish the cases and conditions under which unions may temporarily acquire the shares representing their own capital seeking their sound development and liquidity. "

In effect, this Commission observed that, as of December 31, 2013, it presents a Book Capital of $5,921,889, which is lower than the minimum paid capital it is required to maintain of $9,749,248; the result of the difference between its book capital and its minimum capital produces a shortage of $3,827,359, as shown below:
...

Additionally, from the analysis of the financial information sent electronically to this Agency by that Entity through the Interinstitutional Information Transfer System (SITI) with figures as of June 30, 2014, in compliance with what is established in the SECOND TRANSITORY PROVISION of the " RESOLUTION that modifies the General Provisions applicable to credit auxiliary organizations, exchange houses, credit unions, limited object financial societies and multiple object financial societies regulated ", published in the Official Journal of the Federation on February 4, 2011, in relation to articles 49, 50 and 57 of the " General Provisions Applicable to Credit Auxiliary Organizations, Exchange Houses, Credit Unions, Limited Object Financial Societies and Multiple Object Financial Societies Regulated ", the following arises:

As can be seen, that Credit Union as of June 30, 2014, presents a book capital of $6,932,409, which is lower by $3,185,053 than the minimum capital it is required to maintain in accordance with operation level I in which that Entity is located, which amounts to $10,117,462.

Regarding this, that Society manifested in its document referenced in paragraph 8 of the background chapter of this Resolution the following:

" By this memorial, I respectfully request the General Directorate under your dignified charge and other related areas of the National Banking and Securities Commission to invalidate the summons issued for the reasons I expose below:

Indeed, this Credit Union has been reporting a book capital lower than the Required Minimum Capital with values as of December 31, 2013, a situation that has had variations in its amounts during the current fiscal year.
To correct this deficiency and others inherent to operation, we are carrying out the following activities:
In August of this year we obtained the services of the company " The Yucatán Consulting Group ", a consulting company specialized in financial matters, headquartered in the city of Mérida, Yucatán, according to the service proposal attached as " Annex 1 " .
As a first result of this operation, The Yucatán Consulting Group is presenting preliminarily the Business Plan attached as " Annex 2 " . In the aforementioned document, a scenario of 3 years of operation is analyzed with an expected credit portfolio at the end of that term for credit activities with small and medium-sized enterprises of 356 million pesos and profits before taxes of 9.6 million pesos.
Since the contracted consulting services are in process, we do not yet have the analysis of the impact it will have on the Social Capital of the Union, which will be growing as new partners are incorporated, with whom we will have the proposed credit operations.
With respect to the specific needs to capture income to cease being in the assumption of Fraction XIV of article 97 of the Credit Unions Law, I present the following scenario in the four-month period September-December 2014:
-
The Yucatán Consulting Group or other affiliated companies will subscribe 2,500 shares of Fixed Social Capital before December 31 of this year, prior to report, consultation and authorization if necessary, of the National Banking and Securities Commission. This subscription will represent an increase in Series " A " of Fixed Social Capital -without withdrawal rights-, by 2.5 million pesos.
-
For the cash and treasury service we provide to our partner Manuel Rubén Muñoz Cano Cardoso in the operations he carries out with his companies â Grupo Indi-, we will have income of 2.3 million pesos in the period September â December each year, from this exercise, until 2018, according to the agreement made on the 12th of the current month and attached as " Annex 3 " .
Additionally, in the same period of this year we will have income from commissions with this partner of 886 thousand 875 pesos.
With the operations described in the 2 preceding paragraphs, applying the probable operating expenses, we will have as book capital the sum of $11,440,845, exceeding by $1,323,383 pesos the value of 2 million UDIS as of December 31, 2013 and according to the inflationary behavior of 2014, we would continue above the minimum subscribed and paid capital, with values of UDIS as of December 31, 2014. Attached Projected Financial Statements as of December 31, 2014 as " Annex 4 " . "

In virtue of this, that Society far from disproving, confirms that as of December 31, 2013 (last business day of said year), its book capital was lower than the required minimum capital, - remaining thus as of June 30, 2014-, in terms of what is established by article 18, fraction I and second paragraph, of the Credit Unions Law, which establishes:

" Article 18.- The minimum subscribed and paid capital for unions will be determined according to the level of operations assigned to it, as follows:
I. For unions with operation level I, it must be equivalent in national currency to the value of 2,000,000 investment units; "

...

The amount of minimum capital that unions must have must be subscribed and paid no later than the last business day of the year in question. To this effect, the value of the investment units corresponding to December 31 of the immediately preceding year will be considered. The minimum capital must be integrated by shares without withdrawal rights. Paid capital with withdrawal rights, in no case, may be higher than paid capital without withdrawal rights. ..."

The above is so because, that Society as of December 31, 2013, presented a Book Capital of $5,921,889, which is lower than the minimum paid capital it is required to maintain of $9,749,248; the result of the difference between its book capital and its minimum capital produces a shortage of $3,827,359, as shown below:
Additionally, from the analysis of the financial information sent to this Agency by that Society with figures as of June 30, 2014, it presents a book capital of $6,932,409, which is lower by $3,185,053 than the minimum capital it is required to maintain in accordance with operation level I in which that Entity is located, which amounts to $10,117,462, as shown below:

Therefore, this authority considers that Society confessed of the conduct for which it was summoned, by expressly accepting that " Indeed, this Credit Union has been reporting a book capital lower than the Required Minimum Capital with values as of December 31, 2013 ", which it is obliged to maintain in terms of what is established in fraction I, of article 18 of the Credit Unions Law, so said confession concatenated with the referred financial information makes full proof against that Union, in virtue of this, the cause for revocation for which it was summoned subsists. What is sustained in the following criterion applies to the above:

No. Registration: 2,011
Isolated
Era: Second
Instance: Chamber
Source: R.T.F.F. Second Era. Nos. 16 and 17. Volume II. January - May 1981.
Thesis: II-TASS-2219
Page: 440

EVIDENCE

CONFESSION.- MAKES FULL PROOF IN WHAT PREJUDICES THE ONE WHO MAKES IT.- According to what is provided in articles 96 and 199 of the Federal Code of Civil Procedures, the confession makes full proof insofar as it prejudices the one who makes it; therefore, if in the administrative phase of the procedure the plaintiff presents a document in which she confesses that she omitted income and expresses her desire to regularize herself, it is no longer appropriate that afterwards, in the tax trial, she pretends to deny any omission charged to her, especially if she offers expert evidence and when discharged by the experts of the parties, their results are entirely adverse to her; since in said case the confessional and expert evidence are coincident, so it proceeds to give them full probative value to accredit the omission of income determined by the authority.(79)

Review No. 464/80.- Resolved in session of March 31, 1981, by unanimous vote of 6 votes.- Reporting Magistrate: Mariano Azuela Gitrón.- Secretary: Lic. Diana Bernal Ladrón de Guevara.

Likewise, thesis I.4 º.C.69C, supported by the Fourth Collegiate Court in Civil Matters of the First Circuit, published in the Judicial Weekly of the Federation and its Gazette, Volume XX, August 2014, page 1653, is applicable, which is worded as follows:

PRESUMPTIONS DERIVED FROM THE PROCEDURAL CONDUCT OF THE PARTIES.
The procedural conduct of the parties is a basic element, since it provides the judge with elements

conviction objectives that must be taken into account to derive from them the presumptions that logically and legally follow; therefore, if it is observed that during the trial any of the parties acted deceitfully, by affirming facts or circumstances from which it subsequently contradicts itself, that contradictory conduct must be weighed, which is an objective datum that can be used as an argument of proof, which, administered with the rest of the evidentiary material and the circumstances of the case, will be useful to ascertain the truth of the disputed facts. The joint appreciation of these elements will determine the degree of probability of the fact that is intended to be demonstrated, with the understanding that the presumed fact must be inferred, in a logical manner, from the procedural conduct.

Without this being an obstacle to what is set forth in the Annexes to the writing by which the right to be heard of September 18, 2014, which is exhibited with numbers 1, 2, 3 and 4, consisting of: "Proposal of services of The Yucatán Consulting Group", "Business plan of The Yucatán Consulting Group", "agreement of September 12, 2014" and "Projected Financial Statements as of December 31, 2014", respectively, since it is clear from them that they are capitalization expectations that cannot produce any legal effect, since they are based on future acts of uncertain realization, and since the action of this Commission is one of strict law, it is sufficient that the normative assumption is met, for this Decentralized Body to impose the sanction determined by the Law; in virtue of this, if that Society on December 31, 2013, presented a book capital of $5,921,889 (FIVE MILLION NINE HUNDRED TWENTY-ONE THOUSAND EIGHT HUNDRED EIGHTY-NINE PESOS 00/100 M.N.), which is lower by $3,827,359 (THREE MILLION EIGHT HUNDRED TWENTY-SEVEN THOUSAND THREE HUNDRED FIFTY-NINE PESOS 00/100 M.N.) than the minimum capital it is required to maintain in accordance with Level I of operations in which that Entity is located, which amounts, on that date, to the amount of $9,749,248, (NINE MILLION SEVEN HUNDRED FORTY-NINE THOUSAND TWO HUNDRED FORTY-EIGHT PESOS 00/100 M.N.), the appropriate action is to revoke its authorization to operate as a credit union.

The following criterion applies to the foregoing:

Era: Ninth Era

Registry: 185049

Instance: Circuit Collegiate Courts

Type of Thesis: Isolated

Source: Judicial Weekly of the Federation and its Gacette

Volume XVII, January 2003

Subject(s): Administrative

Thesis: XIV.2o.71 A

Page: 1868

ADMINISTRATIVE SANCTION. ONCE THE INFRACTION HAS OCCURRED, THE AUTHORITY IS OBLIGED TO IMPOSE IT, SINCE IT DOES NOT HAVE DISCRETION IN THIS REGARD.

Discretion exists only when the law grants the authority a wide field of appreciation to decide when and how it must act, or even to freely determine the content of its possible action, from which it is concluded that the authority does not have discretionary powers regarding infractions of the law, since once they have occurred, it is legally obliged to impose the corresponding sanction, because, if it acts otherwise, impunity would be generated by leaving it to its discretion to determine whether the governed must comply or not with the legal imperatives, which is legally inadmissible.

SECOND COLEGIATED TRIBUNAL OF THE FOURTEENTH CIRCUIT.

Direct Amparo 191/2002. Joaquín Pacheco Medina. May 31, 2002. Unanimity of votes. Reporter: Alfonso Gabriel García Lanz, secretary of the tribunal authorized by the Judicial Career Commission of the Council of the Federal Judiciary to perform the functions of Magistrate. Secretary: Leticia Evelyn Córdova Ceballos.

Regarding the writing dated January 6, 2014, although it was received late by this Commission on January 14 of the current year, after having carried out a detailed analysis of its content, it can be concluded that that Credit Union does not provide any documentary support that provides any element of conviction that makes it presumable that said Entity is not located in the cause for revocation for which it was summoned, in addition to the fact that the movements made in its accounting do not have a logical sense nor documentary support to back them up, among which losses from previous exercises are eliminated without basis, they register portfolio without evidence of origin and how the flows were recorded; therefore, it is estimated that the arguments raised by that Society in the aforementioned writing are unfounded and insufficient to disprove the cause for revocation on the basis of which it was summoned.

SIXTH. Regarding the proofs offered by that Credit Union in its writing referred to in number 8, of the chapter of antecedents of the present resolution, as Annexes 1, 2, 3 and 4, they are considered admitted and discharged in terms of what is provided in article 197 in relation to articles 203 and 204 of the Federal Code of Civil Procedures, of supplementary application, in accordance with what is provided in article 108, last paragraph of the Credit Unions Law; proofs that analyzed in their particularity and valued as a whole, lead to conclude that they do not prove the extremes of the claims of that Credit Union, as was explained in the Fifth Consideration of the present resolution; on the contrary, from them it is confirmed that that Society did not comply with its book capital in terms of what is provided by article 18, fraction I of the Credit Unions Law, in virtue of the fact that, on December 31, 2013, it presented a book capital of $5,921,889 (FIVE MILLION NINE HUNDRED TWENTY-ONE THOUSAND EIGHT HUNDRED EIGHTY-NINE PESOS 00/100 M.N.), which is lower by $3,827,359 (THREE MILLION EIGHT HUNDRED TWENTY-SEVEN THOUSAND THREE HUNDRED FIFTY-NINE PESOS 00/100 M.N.) than the minimum capital it is required to maintain in accordance with Level I of operations in which that Entity is located, which amounts, on that date, to the amount of $9,749,248, (NINE MILLION SEVEN HUNDRED FORTY-NINE THOUSAND TWO HUNDRED FORTY-EIGHT PESOS 00/100 M.N.). Situation that is aggravated, given the fact that on June 30, 2014 that Society presented a book capital of $6,932,409 (SIX MILLION NINE HUNDRED THIRTY-TWO THOUSAND FOUR HUNDRED NINE PESOS 00/100 M.N.) which is lower by $3,185,053 (THREE MILLION ONE HUNDRED EIGHTY-FIVE THOUSAND FIFTY-THREE PESOS 00/100 M.N.) than the minimum capital it is required to maintain in accordance with Level I of operations in which that Entity is located, which amounts, on that date, to the amount of $10,117,462 (TEN MILLION ONE HUNDRED SEVENTEEN THOUSAND FOUR HUNDRED SIXTY-TWO PESOS 00/100 M.N.), in accordance with what is provided in the aforementioned article 18, fraction I, of the Credit Unions Law.

Moreover, these proofs do not create conviction in this authority in virtue of the fact that they do not specify their periodic goals, nor the term in which its book capital will obtain the required level in accordance with the applicable provisions. On the other hand, the information regarding its projections does not indicate the basis, the data and criteria used that determine the figures presented; they do not establish a program of improvement in operational efficiency, rationalization of expenses and increase in profitability. Lack of precision in information in the capital contributions; limits are not established for the carrying out of operations that the Union can carry out in compliance with its social object or the risks derived from said operations, and they do not prove the presentation for authorization of their projections to the Board of Directors, for which reason, said projections are considered to be out of context, in accordance with the trend presented in the last years.

Based on the foregoing, the National Banking and Securities Commission, prior agreement of its Board of Government in its ordinary session held on April 13, 2015:

RESOLVES

FIRST. This Decentralized Body, based on articles 97, fraction XIV, of the Credit Unions Law; 4, fractions XI and XXXVIII and 12, fractions V and XV, of the Law of the National Banking and Securities Commission; and in accordance with the agreements EIGHTH and ELEVENTH, adopted by the Board of Government of said Commission in its ordinary session held on April 13, 2015, and to the considerations that were exposed in this Resolution, revokes the authorization to operate as a Credit Union, granted to the Union de Credito Industrial, Comercial y de Servicios de Cancun, S.A. de C.V., through Office No. 601-II-2256 dated January 10, 1992.

SECOND. From the date of notification of this Resolution, the Union de Credito Industrial, Comercial y de Servicios de Cancun, S.A. de C.V., is prevented from carrying out operations and will be placed in a state of dissolution and liquidation without the need for the agreement of the shareholders' assembly of that Society, in accordance with what is provided in articles 99 and 100 of the Credit Unions Law.

THIRD. Based on articles 78 of the Credit Unions Law and 19 of the Law of the National Banking and Securities Commission, the Union de Credito Industrial, Comercial y de Servicios de Cancun, S.A. de C.V., will prove to this Commission, within the term of 60 business days of publication of this Resolution in the Official Gazette of the Federation, that the designation of the corresponding liquidator was carried out in accordance with what is established in article 100, fraction I, of the Law cited in the first place; in the contrary case, the National Banking and Securities Commission will promote before the competent judicial authority so that it designates the liquidator and if it finds impossibility to carry out said liquidation, so that it orders the cancellation of its registration in the corresponding Public Commerce Register, in accordance with what is established in articles 100, fraction II and 102, of the Credit Unions Law.

FOURTH. This Resolution is notified to the Union de Credito Industrial, Comercial y de Servicios de Cancun, S.A. de C.V.

FIFTH. Based on article 99 of the Credit Unions Law, it is registered in the corresponding Public Commerce Register and published in the Official Gazette of the Federation this Office.

SIXTH. Based on what is established in the penultimate paragraph, of article 16 of the Law of the National Banking and Securities Commission, in relation to what is provided in articles 4, 9 and 12 of the Internal Regulations of the National Banking and Securities Commission; published in the Official Gazette of the Federation on November 12, 2014; 7, penultimate paragraph, and 30, fraction I, number 2), of the Agreement by which the President of the National Banking and Securities Commission delegates powers to the Vice Presidents, General Directors, Assistant General Directors of said Commission, made known in said Official Gazette on October 2, 2009, reformed through Decrees published in said Gazette on May 8, July 4 and December 13, 2012, November 7, 2013 and January 3, 2014, and in terms of what is ordered in the agreement TWELFTH adopted by the Board of Government of said Commission in its ordinary session held on April 13, 2015, it is delegated indistinctly in the public servants of this Commission, Karla Patricia Montoya Gutiérrez, María Isabel Almaraz Guzmán, Josué Martínez Rocha, José Luis García González, Ángel Jonathan García Romo, Alberto Erick Méndez Medina, Juan Carlos Macías Luna, Luis Antonio Rodríguez Rodríguez, José Alberto Jiménez Rosales, Selene Saucedo García, Rogelio García Martínez, Rosa Cristina Ávalos Gutiérrez, David Rodrigo Mejía Ríos and Lourdes Andrea Chavero Gaitán, the charge of notifying, jointly or separately this office.

Based on articles 10, fraction III, of the Law of the National Banking and Securities Commission; 3, first paragraph, fraction III and second, 4, fractions I, section A and II, section A, subsection 7), 12 and 54 of the Internal Regulations of the National Banking and Securities Commission, published in the Official Gazette of the Federation on November 12, 2014, as well as article 1, fraction I, of the Agreement by which the administrative units of the National Banking and Securities Commission are organically attached, signs in substitution for the absence of the PRESIDENT OF THE NATIONAL BANKING AND SECURITIES COMMISSION, the Legal Vice President of the National Banking and Securities Commission.

Sincerely

Mexico City, October 17, 2017. - The Legal Vice President, Edgar Manuel Bonilla del Ángel. - Rubric.

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