2023-07-20 | DOF 5696111Added
Authorization is granted for the organization and operation of an Electronic Payment Funds Institution to be named Efectifintech, S.A. de C.V., Electronic Payment Funds Institution, with an initial share capital of $5,200,000.00 MXN and indefinite duration. The entity is headquartered in Mexico City and must conduct operations specified in Articles 22 and 25 of the Law for Regulating Financial Technology Institutions, subject to supervision by the National Banking and Securities Commission and the Bank of Mexico. This authorization is non-transferable and requires compliance with all applicable regulations regarding electronic payment funds, including anti-money laundering and counter-terrorist financing provisions.
Official Gazette of the Federation: 20/07/2023
OFFICE LETTER granting authorization for the organization and operation of an electronic payment funds institution to be named Efectifintech, S
In the margin a seal with the National Shield, reading: United Mexican States.- TREASURY.- Secretariat of Finance and Public Credit.- National Banking and Securities Commission.- Presidency.- Office Letter No.: P108/ 2021.
Subject:
Authorization for the organization and operation of an
electronic payment funds institution to
be named Efectifintech, S.A. de C.V., Institution
of Electronic Payment Funds.
EFECTIVALE, S. DE R.L. DE C.V.
Saltillo No. 19, Floor 5,
Col. Condesa, Zip Code 06140,
Cuauhtémoc, Mexico City.
ATTENTION:
Mr. PEDRO DE LA PEÑA KURI
Legal Representative
With a document presented on September 23, 2019, Efectivale, S. de R.L. de C.V. requested from the
National Banking and Securities Commission (Commission) authorization to organize and operate an institution of
electronic payment funds to be named Efectifintech, S.A. de C.V., Institution of Electronic Payment
Funds, attaching thereto the corresponding supporting information and documentation.
As background, it should be noted that this Commission required Efectivale, S. de R.L. de C.V.
within
the period established in the Law for Regulating Financial Technology Institutions, in order that it address
various observations and recommendations in relation to its authorization request, granting thereto
the requested extension to this authority.
In relation to the above, Efectivale, S. de R.L. de C.V. submitted various documentation and information with
the aim of responding to the aforementioned requirement. Likewise, this authority required Efectivale, S. de
R.L. de C.V., various complementary documentation and information in order to be in conditions
to
address its authorization request, therefore, that society addressed the request for complementary information
and sent updated documentation and information in relation to its file. The society
requested an extension to the resolution deadline which was granted.
On the matter, the Interinstitutional Committee in session held on May 10, 2021, with
basis on articles 11 and 35, in relation to articles 22 and 25 of the Law for Regulating the
Financial Technology Institutions and,
CONSIDERING
FIRST.- That the documentation and information presented by reason of the authorization request
for the organization and operation of the Institution of Electronic Payment Funds to be named Efectifintech,
S.A. de C.V., Institution of Electronic Payment Funds, complies with the requirements provided in article 22,
in relation to article 39 of the Law for Regulating Financial Technology Institutions and with the
articles 3, 4 and 6 of the General Provisions applicable to Financial Technology
Institutions.
SECOND.- That from the analysis of the documentation and information received it was concluded that from the point
of view legal, financial and operational it is appropriate to grant the requested authorization, therefore the following was adopted:
AGREEMENT
" FIRST.- The members of the Interinstitutional Committee, with basis on articles 11 and 35, in
relation to article 22 of the Law for Regulating Financial Technology Institutions, approve by
unanimity the authorization for the organization and operation of an Institution of Electronic Payment Funds
to be named Efectifintech, S.A. de C.V., Institution of Electronic Payment Funds, in the terms of the
proposal presented to the Committee. "
The previous agreement is adopted without prejudice to the other authorizations that by reason of the described act
must be obtained from the National Banking and Securities Commission, in terms of the applicable provisions,
as well as the exercise of the powers attributed to the Commission itself during the organization process of
Efectifintech, S.A. de C.V., Institution of Electronic Payment Funds, in which all
the conditions and requirements that the Commission itself imposes on it shall be met.
The entity whose organization and operation is authorized, will be subject to the following:
CONDITIONS
FIRST.-
The name of the society will be Efectifintech, S.A. de C.V., Institution of Electronic
Payment Funds.
SECOND.-
It will have its registered office in Mexico City.
THIRD.-
Its duration will be indefinite.
FOURTH.-
The amount of its initial share capital will be $5 ' 200,000.00 (five million two hundred thousand
pesos 00/100 National Currency).
FIFTH.-
Its corporate purpose will correspond to the activities indicated in article 22 of the Law for
Regulating Financial Technology Institutions and will carry out the operations and the
provision of the services established in article 25, sections I, IV, VII, IX, X and XIII of
the aforementioned Law for Regulating Financial Technology Institutions.
SIXTH.-
The authorization referred to in this office letter is, by its own nature,
non-transferable.
SEVENTH.-
The institution will be subject to the supervision of the National Banking and Securities Commission and
of the Bank of Mexico, in the exercise of their respective attributes, as well as, of the
other competent financial authorities in the terms that the laws provide.
EIGHTH.-
The services consisting of the issuance, administration, redemption and transmission of funds
of electronic payment, that the institution provides by virtue of this authorization, as
well as the other operations it carries out, as well as its organization and operation in
general, will be subject, in what is not expressly indicated in this office letter, to the Law for
Regulating Financial Technology Institutions, to the rules and general provisions
applicable to Financial Technology Institutions issued by the Commission
National Banking and Securities, to the provisions that regarding its operations
issues the Bank of Mexico and to the
other norms and provisions in force and those that
are issued in the future by any competent authority, including those relative to
operations with resources of illicit origin and financing of terrorism, which by its
nature result applicable.
In relation to the above exposed, Efectifintech, S.A. de C.V., Institution of Electronic Payment Funds
must observe the terms and attend the obligations contained in Office Letter No. P109/2021 dated 13
of May of the current year.
The present, is issued with basis on articles 16, sections I and XVII of the Law of the Commission
National Banking and Securities and 12 and 41, sections I and III of the Internal Regulations of the Commission National
Banking and Securities.
Sincerely
Mexico City, as of May 13, 2021. - President, Juan Pablo Graf Noriega.- Signature.
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