2018-01-02 | DOF 5509859Added
The National Commission for Insurance and Bonds revokes the authorization for Neo Salud Seguros, S.A. de C.V. to operate as a specialized health insurance institution following the company's request for dissolution and liquidation. The revocation prohibits the entity from issuing any new insurance policies upon notification and mandates its transition into a liquidation status, requiring the appointed liquidator to submit financial statements, a work plan, and monthly progress reports within specified deadlines. The resolution also outlines obligations regarding the settlement of labor and commercial debts with insurance agents and requires the publication of the revocation in the Official Gazette and two widely circulated newspapers.
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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