Notice revoking the authorization granted to Neo Salud Seguros, S.A. de C.V. to organize and operate as a specialized health insurance institution

DOF: 02/01/2018

OFFICE DOCUMENT revoking the authorization granted to Neo Salud Seguros, S.A. de C.V. to organize and operate as an insurance institution.

At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- Ministry of Finance and Public Credit.- National Commission for Insurance and Bonds.- Presidency.- Legal Vice Presidency.- General Legal Direction.- Consultative and Intermediaries Direction.- Consultative Direction.- Consultative Subdirection. - File: C00.411.13.4.1-H0716"16".-

Office No. 06-C00-41100/28301.

SUBJECT:

Revocation of the authorization to organize and operate as an insurance institution is declared.

NEO SALUD SEGUROS, S.A. DE C.V.

Monte Cáucaso 1320

Col. Lomas de Chapultepec

Miguel Hidalgo

11000, Mexico City

Attn:

Lic. Roberto Vigil Calderón

Legal Representative

The National Commission for Insurance and Bonds, with the agreement of its Board of Directors, and based on articles 332, fraction XI, 334, second paragraph, 369, fraction II, 370, fourth paragraph, 372, fraction XLI, 373, 389, 443, fraction I, 444, fractions I and II, and 445 of the Law of Insurance and Bond Institutions;

in

Dispositions 29.3.5 and 29.3.6 and Annex 29.3.5 of the Single Insurance and Bonds Circular, published in the Official Gazette of the Federation on December 19, 2014; in articles 4, fractions III, items a) and b),

and

IV, items a), b), d) and g), 6 and 9 of the Internal Regulations of the National Commission for Insurance and Bonds, issues the resolution indicated below, in attention to the following Background and Considerations:

BACKGROUND

FIRST.- The Federal Government, through the Ministry of Finance and Public Credit, through Office No. 100.-57 of July 4, 2014, published in the Official Gazette of the Federation on November 4, 2014,

granted authorization to Neo Salud Seguros, S.A. de C.V., to function and operate as an insurance institution

specialized in health, to practice the operation of Accident and Disease insurance,

in the branches

of Health and Medical Expenses.

SECOND.- Through a written document dated May 6, 2016, Neo Salud Seguros, S.A. de C.V., through Mr.

Francisco Daniel Pérez Fayad, principal shareholder, representative, and president of the board of directors

of said Institution, informed this Commission about the holding of an Extraordinary General Assembly,

through which the shareholders of the Institution agreed to enter the process of dissolution of the same, therefore

that, in terms of what is provided in articles 332, fraction XI, 443, fraction I, and 444 of the Law of

Insurance and Bond Institutions, it requests that its dissolution be acknowledged and the initiation of the

procedure for its conventional liquidation be authorized.

THIRD.- This Decentralized Body through Office No. 06-C00-41100/20601 of July 8

of

2016, notified to Neo Salud Seguros, S.A. de C.V., on July 11, 2016, informed it that the Board of

Directors of this Commission resolved to declare the revocation of the authorization granted to it to

function and operate as an insurance institution specialized in health, to practice the operation of insurance

of Accident and Disease, in the branches of health and Medical Expenses, having been requested by said

institution in terms of what is provided in article 332, fraction XI, of the Law of Insurance and Bond

Institutions and having accredited the requirements provided in articles 443, fraction I and 444, fractions I and II

of the

same legal framework, proceeding to declare its dissolution and subsequent liquidation.

In this context, it was requested that the aforementioned institution send the original and a notarially certified copy

of the deed of protocolization of the Act of the Extraordinary General Assembly of May 6, 2016, prior

modification to the First Point of the Agenda, in the sense that it is indicated in the first resolution,

that the dissolution of the company will take effect prior to the declaration of the revocation of the authorization by this

Commission to operate as an insurance institution; and, with respect to the Second resolution,

that the liquidation procedure can only begin once this Commission declares the revocation of the

respective authorization.

FOURTH.- Through a written document dated August 24, 2016, presented at this Commission on the 31st of the same month

and year, Neo Salud Seguros, S.A. de C.V., exhibited in response to Office No. 06-C00-41100/20601, referred to in

the Background that precedes, the original and a certified copy, of the testimony of the deed that protocolizes the

Extraordinary General Assembly of Shareholders dated May 6, 2016, attending to the observations

requested in said Office.

CONSIDERATIONS

I.

That based on article 332, fraction XI, of the Law of Insurance Institutions

and

Bonds, this Commission, with the agreement of its Board of Directors, may declare the revocation of the

authorization to operate as an Insurance Institution, when the general assembly of shareholders of

an insurance institution, through a decision adopted in an extraordinary session, resolves to request the

revocation of the authorization to operate as an insurance institution.

II.

That through the written document indicated in the Second Background, Mr. Francisco Daniel Pérez

Fayad, legal representative of Neo Salud Seguros, S.A. de C.V., and subsequently Mr. Roberto Vigil

Calderón, requested the declaration of the dissolution and subsequent liquidation of the Institution to

organize and function as an Insurance Institution specialized:

in health, having been

agreed upon in the Extraordinary General Assembly of Shareholders of May 6, 2016.

III.

That once this Commission has reviewed the documentation and information sent by the

institution,

it was determined that the cause for revocation of the authorization provided for

in article 332,

fraction XI, of the Law of Insurance and Bond Institutions is met, having accredited the update

of the conditions provided in articles 443, fraction I and 444, fractions I and II of the Law of

Insurance and Bond Institutions;

in Dispositions 29.3.5 and 29.3.6 of the Single Circular of

Insurance and Bonds;

as well as in article 229, fraction III of the General Law of Commercial Companies.

IV.

That the Board of Directors of the National Commission for Insurance and Bonds, in its session of July 4

of 2016 and prior favorable opinion of its Authorizations Committee in session on June 24 of the

same year, agreed to revoke the authorization granted to Neo Salud Seguros, S.A. de C.V., to

function and operate as an insurance institution specialized in health, to practice the operation of

Accident and Disease insurance, in the branches of Health and Medical Expenses, instructing the

undersigned to notify said agreement.

V.

That Neo Salud Seguros, S.A. de C.V., exhibited the original and a certified copy, of the testimony

of the

deed that protocolizes the Extraordinary General Assembly of Shareholders dated May 6

of

2016, attending to the observations requested in Office No. 06-C00-41100/20601

which is

referenced in the Seventh Background.

Based on the above, the National Commission for Insurance and Bonds issues the following:

RESOLUTIONS

FIRST.- The National Commission for Insurance and Bonds revokes the authorization granted and under which

Neo Salud Seguros, S.A. de C.V. operates, in accordance with the agreement adopted by its Board of Directors,

in its session 188 held on July 4, 2016, based on article 369, fraction II, of the Law

of

Insurance and Bond Institutions, taking into consideration the favorable opinion of its Committee of

Authorizations issued in its session of June 24, 2016, having been requested by said institution in

terms of what is provided in article 332, fraction XI, of the Law of Insurance and Bond Institutions

and

having accredited the requirements provided in articles 443, fraction I and 444, fractions I and II, of the same

legal framework.

SECOND.- This declaration of revocation incapacitates Neo Salud Seguros, S.A. de C.V. from

granting any insurance, from the date on which said insurance institution is notified of the same.

THIRD.- As a consequence of the revocation of the referenced authorization, Neo Salud Seguros,

S.A. de C.V., will be placed in a state of liquidation, such that henceforth, when citing the denomination

of the insurance institution, the expression "in liquidation" must be added.

FOURTH.- The liquidator of Neo Salud Seguros, S.A. de C.V., must send to this Commission, within

ninety (90) business days following the date on which this Office is notified, the original and a copy by

notarial comparison of the deed of protocolization of the Act of the Extraordinary General Assembly in which

the

agreements adopted by said social body are provided, consisting of:

a)

The approval of the financial statements of the company, in which no longer registered

on behalf of Neo Salud Seguros, S.A. de C.V., obligations derived from insurance contracts,

reinsurance or suretyship accompanied by the opinion of an external auditor that includes

its

opinions regarding components, accounts or specific items of the financial statements,

as established in article 443, fraction I, item b), of the Law of Insurance Institutions

and

Bonds;

b)

The appointment of the liquidator who will carry out the liquidation, with the documentation that accredits that

it meets the requirements provided in article 396 of the Law of Insurance and Bond Institutions;

c)

The approval of the start of the liquidation process; and

d)

The request to this Commission for the revocation of the authorization granted to Neo Salud Seguros, S.A.

of C.V., to function and operate as an insurance institution specialized in health to practice

the

operation of Accident and Disease insurance, in the branches of Health and Medical Expenses, for

its approval and subsequent registration in the Public Commerce Registry corresponding.

FIFTH.- The liquidator appointed in terms of what is stated in item b) of the Third Resolutive Clause

of

the present, must instrument and adopt a calendarized work plan in accordance with what is established in the

item c) of fraction III of article 444 of the Law of Insurance and Bond Institutions, must

send it to this Commission in terms of Disposition 29.3.5 of the Single Circular of Insurance and Bonds,

and

which must contain the procedures and measures necessary for pending obligations to be

settled no later than within the year following the date on which he presented his

appointment, as well as present the following information in accordance with what is provided in Disposition 29.3.6 of

the Single Circular of Insurance and Bonds, as part of the start of the conventional liquidation process:

I.

The opinion that the liquidator prepares regarding the integral situation of the company, from the

information received from the administrators, relative to the assets, books and documents

of the

company, to have an inventory of its assets and liabilities; and

II.

The initial balance of the liquidation, which must be accompanied by the opinion of an external auditor

independent of recognized experience that the liquidator hires for such effect.

Additionally, in accordance with Disposition 29.3.7 of the Single Circular of

Insurance and

Bonds, the liquidator

must deliver to this Commission, within ten (10) business days following the close of each month, a report

on the progress of the liquidation process that contains, as a minimum, the following information:

I.

General balance and monthly income statement, as well as its trial balance at first

level highlighting the main changes with respect to the previous month;

II.

Report on the monthly progress of the liquidation process and the actions carried out by

the

conventional liquidator to comply with the obligations indicated in fraction III of

article 444 of the Law of Insurance and Bond Institutions; and

III.

Analysis of expenses incurred within the liquidation process, with the monthly detail

and

accumulated from the start of the liquidation.

Likewise, in accordance with what is provided in Disposition 29.3.8 of the Single Circular of

Insurance and

Bonds, the conventional liquidator, prior to the publication referred to

in article 426 of the Law

of Insurance and Bond Institutions, must

present to this Commission the final balance of the

liquidation and the income statement of the

liquidation process, accompanied by the opinion of an external auditor

independent of recognized experience that the liquidator hires for such effect, the above in the

terms indicated in Annex 29.3.4 of the aforementioned Circular. Likewise, the liquidator

must carry out the

publication of the present resolution in the Official Gazette of the

Federation and in two newspapers of wide

circulation in the social domicile of the institution

to be liquidated, in the terms indicated in this Office.

SIXTH.- Neo Salud Seguros, S.A. de C.V., must finalize the obligations at its charge

derived from

labor or commercial relationships that, if any, it had with its agents

of insurance; the commissions

to which they are entitled for policies contracted

with their intermediation must be covered, while

they remain in force, the above with

basis in article 25 of the Regulations of Insurance Agents and of

Bonds.

Regarding this, the company in liquidation must observe the labor,

commercial and tax

dispositions that apply to them, since this Commission is not empowered to regulate or intervene in

situations derived from the cited matters.

SEVENTH.- The declaration of revocation contained herein, in accordance with

what is provided in the

article 334 of the Law of Insurance and Bond Institutions, must

be published in the Official Gazette

of the

Federation and in two newspapers of wide circulation

in the country at the expense of the interested parties, within the

one hundred twenty (120) days following the

date of notification and registered in the Public Commerce Registry in a

term of

ninety (90) days counted from said notification.

These resolutions are issued in exercise of the powers of the National Commission for Insurance

and

Bonds, based on the information provided by Neo Salud

Seguros, S.A. de C.V., contained in the

writings cited in the Backgrounds of this

Office and is limited exclusively to the revocation

of the

authorization granted to Neo

Salud Seguros, S.A. de C.V., to function and operate as an insurance institution

specialized in health, to practice the operation of Accident and

Disease insurance, in the branches

of Health and Medical Expenses, requested through the written

document of May 6, 2016, which in accordance with the

applicable provisions competes

to resolve to this Commission with the agreement of its Board of Directors, and does not

prejudge on the

performance of any other act that Neo Salud Seguros, S.A. de C.V., carries out,

that

implies prior authorization or approval of other authorities and also does not validate

any act that has

been carried out in contravention of current regulations.

The above based on articles 332, fraction XI, 334, second paragraph,

369, fraction II, 370,

fourth paragraph, 372, fraction XLI, 373, 389,

443, fraction I, 444,

fractions I and II, and 445, of the Law of

Insurance and Bond Institutions, in relation to

Dispositions 29.3.5 and 29.3.6 and Annex 29.3.5.

of the

Single Circular of

Insurance and

Bonds, as well as in articles 6 and 9 of the Internal Regulations of the

Commission

National for Insurance and Bonds.

Respectfully,

Effective Suffrage. No Re-election.

Mexico City, September 22, 2016. - The President of the National Commission for Insurance and

Bonds, Norma Alicia Rosas Rodríguez. - Rubric.

(R.- 460912)

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