Notice revoking the authorization granted to SMB Rural, S.A. de C.V., S.F.C., to operate as a Community Financial Society

DOF: 26/01/2024

OFFICE through which the authorization granted to SMB Rural, S.A. de C.V., S.F.C., to operate as a Community Financial Society is revoked.

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.- Legal Coordination of Procedures B.- Office: P403/2023.- File:
CNBV.2C.9.1 Revocation, 212, " 03/07/2023 - 03/07/2023 " , REV/372/EF/01.

Subject:

Revocation

of

authorization to continue operating as a
Community
Financial
Society.

LEGAL
REPRESENTATIVE
OF
SMB
RURAL,
S.A.
DE
C.V.,
S.F.C.

Juan Pablo II Circuit No. 2918,
El Vergel Neighborhood Subdivision,
Postal Code 72400,
Puebla, Puebla.

This National Banking and Securities Commission, based on the provisions of articles 37, fraction I, 46 Bis first paragraph, and 96, fraction IV, of the Popular Savings and Credit Law (hereinafter LACP), 2, first paragraph; 4, fractions I, XI, and XXXVIII, 5, and 16, fractions VI and XVII, of the Law of the National Banking and Securities Commission (hereinafter LCNBV), insofar as this Decentralized Organ 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 healthy and balanced development of said system as a whole, in protection of the public's interests, to authorize the constitution and operation of those entities that the laws indicate, and, where applicable, to agree on the revocation of said authorizations.

In order to comply with the legal instruments cited, this revocation resolution of the authorization to continue operating as a Community Financial Society is issued, which was at one time granted to the society named SMB RURAL, S.A. DE C.V., S.F.C. , (hereinafter SMB, Entity, Society, or Sofinco interchangeably), in accordance with the following:

I.
BACKGROUND
[ ... ]

II.
CONSIDERATIONS

FIRST. COMPETENCE.

Based on the provisions of articles 37 first paragraph, fraction I, and 46 Bis first paragraph of the Popular Savings and Credit Law, 2, 4, fractions I, XI, and XXXVIII, 12 fractions V and XV, 16, fractions VI and XVII, of the LCNBV, in conformity with the referenced regulations, the National Banking and Securities Commission, as a Decentralized Organ of the Ministry of Finance and Public Credit, is authorized to authorize the constitution and operation as a Community Financial 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 the Federation, concatenated with the fact that this society did not provide sufficient elements to disprove the causal for revocation for which it was summoned, and much less offered any element of conviction by which to discredit said circumstance, this Commission reaches the conviction that the causal for revocation for which SMB RURAL, S.A. DE C.V., S.F.C. , was summoned has been fulfilled, contained in fraction I of article 37 of the Popular Savings and Credit Law.

[ ... ]

RESOLVES

FIRST.

This Decentralized Organ, based on the provisions of articles 37 fraction I and 46 Bis first paragraph of the aforementioned Popular Savings and Credit Law and 12, fraction V and XV, of the Law of the National Banking and Securities Commission; as well as in accordance with the Tenth Agreement adopted by the Government Board of said Commission in its extraordinary session held on December 8, 2023, and the considerations that were exposed in this resolution,

REVOKES

the authorization for the organization and functioning as a Community Financial Society to SMB RURAL, S.A. DE C.V., S.F.C. ,

SECOND.

From the date of notification of this resolution, SMB RURAL, S.A. DE C.V., S.F.C. , will be incapacitated by effect of the revocation of said Community Financial Society, to conduct operations, and will be placed in a state of dissolution and liquidation, in accordance with what is provided in article 37, penultimate paragraph, of the Popular Savings and Credit Law.

THIRD.
[ ... ]

FOURTH.
[ ... ]

FIFTH.
[ ... ]

Thus, it was ruled by the President of the National Banking and Securities Commission, based on what is established in articles 16, fractions 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, fraction III, second paragraph, 4, fraction I, section A, fraction II, section A, subsection 7), 9, 14, and 60 of the Internal Regulations of the National Banking and Securities Commission.

Respectfully,
Mexico City on December 15, 2023. - Legal Vice President of the National Banking and Securities Commission, Lic. Ángel Salvador Vargas Mitre .- Rubric.

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