2023-06-19 | DOF 5692530Added
Authorization is granted for the organization and operation of an Electronic Payment Funds Institution named Accesa México Pagos Digitales, S.A. de C.V., Electronic Payment Funds Institution, with indefinite duration and registered office in Mexico City. The entity must have an initial share capital of 13,000,000.00 pesos and is subject to supervision by the National Banking and Securities Commission and the Bank of Mexico, complying with applicable laws including those regarding illicit resources and terrorism financing. The institution must prove compliance with the requirements established in Article 40 of the Law to Regulate Financial Technology Institutions at least thirty business days prior to commencing operations, and the authorization is non-transferable.
Official Gazette of the Federation: 19/06/2023
OFFICE LETTER granting authorization for the organization and operation of an Electronic Payment Funds Institution to be named Accesa México Pagos Digitales, S.A. de C.V.
In the margin a seal with the National Shield, stating: United Mexican States.- FINANCE.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.- Vice Presidency of Normativity.- General Directorate of Specialized Authorizations.- Technical Vice Presidency.- General Directorate of Supervision of Financial Technology Institutions.- Office No.: 311-95774/2023.
Subject:
Authorization for the organization and operation of
an Electronic Payment Funds Institution to
be named Accesa México Pagos Digitales,
S.A. de C.V., Electronic Payment Funds
Institution.
ACCESA MÉXICO PAGOS DIGITALES, S.A. DE C.V.
EXTENSION PASEO DE LA REFORMA 627-103
ERNESTO J PIPPER PASEO DE LAS LOMAS, Postal Code 01330
CUAJIMALPA DE MORELOS, MEXICO CITY.
ATTN.:
Mr. MARIO CARLOS SALDÍVAR VILLARREAL
LEGAL REPRESENTATIVE
In terms of articles 1 and 2 of the Law of the National Banking and Securities Commission, this National Banking and Securities Commission (Commission) is a deconcentrated body of the Ministry of Finance and Public Credit, which aims to supervise and regulate within its competence the entities comprising the Mexican financial system, in order to ensure their stability and correct functioning, as well as maintain and promote the healthy and balanced development of said system as a whole, in protection of the public interest. According to article 4, sections XI and XXXVIII of said Law, it corresponds to the Commission to authorize the constitution and operation of those entities indicated by the laws, as well as exercise the other powers attributed to it by the Law of the National Banking and Securities Commission.
In this order of ideas, article 35 of the Law to Regulate Financial Technology Institutions establishes that persons who intend to carry out the activities attributed to crowdfunding institutions or electronic payment funds institutions, must request their authorization as a financial technology institution before the Commission, which will grant it when in its judgment the legal and regulatory requirements are adequately met, prior agreement of the Interinstitutional Committee referred to in said article 35.
Considering the above, with a document presented on 3 May 2022, Accesa México Pagos Digitales, S.A. de C.V. (ACCESA or the company), requested from the Commission authorization to organize and operate an Electronic Payment Funds Institution to be named Accesa México Pagos Digitales, S.A. de C.V., Electronic Payment Funds Institution, attaching thereto the corresponding supporting information and documentation indicated in article 39 of the Law to Regulate Financial Technology Institutions.
In terms of article 5, second paragraph of the Law to Regulate Financial Technology Institutions, this Commission required ACCESA within the period established in said law to address various observations regarding its authorization request, in addition to granting an extension to the initial period to address them.
In relation to the above, ACCESA sent documentation and information in order to respond to the aforementioned requirement. Additionally, this authority required diverse complementary documentation and information from ACCESA with the purpose of having sufficient elements of judgment to resolve the authorization request presented by ACCESA; company that attended the request for complementary information and sent updated documentation and information regarding its file.
The company requested an extension in the resolution period and an extension for processing, which were granted to it.
Having stated the above, it is brought to your attention that the Interinstitutional Committee in session held on 9 June 2023, based on articles 11 and 35, in relation to article 22 of the Law to Regulate Financial Technology Institutions and,
CONSIDERING
FIRST.- That the documentation and information presented on the occasion of the authorization request for the organization and operation of the electronic payment funds institution to be named Accesa México Pagos Digitales, S.A. de C.V., Electronic Payment Funds Institution, complies with the requirements provided in article 22, in correlation with article 39 of the Law to Regulate Financial Technology Institutions and with articles 3, 4 and 6 of the General Provisions applicable to Financial Technology Institutions, and,
SECOND.- That from the analysis of the documentation and information received it was concluded that from the legal, financial and operational point of view it is appropriate to grant the requested authorization, therefore, in accordance with the certification of the Secretary of the Interinstitutional Committee, which is transcribed in the relevant part, the following was adopted:
AGREEMENT
" SOLE .- The members of the Interinstitutional Committee, in accordance with articles 11 and 35, in relation to article 22 of the Law to Regulate Financial Technology Institutions, agreed by unanimity to grant the authorization for the organization and operation of an electronic payment funds institution to be named Accesa México Pagos Digitales, S.A. de C.V., Electronic Payment Funds Institution. "
The above agreement is adopted without prejudice to the other authorizations that due to the described act, must be obtained from the Commission or any other financial authority, in terms of the applicable provisions, as well as the exercise of the powers attributed to the Commission itself during the organization process of Accesa México Pagos Digitales, S.A. de C.V., Electronic Payment Funds Institution, in which they must comply with the applicable requirements for the start of operations.
Therefore, this National Banking and Securities Commission, prior agreement of the Interinstitutional Committee authorizes the organization and operation of an electronic payment funds institution to be named Accesa México Pagos Digitales, S.A. de C.V., Electronic Payment Funds Institution.
The entity whose organization and operation is authorized, will be subject to the following:
TERMS
FIRST.
The name of the company will be Accesa México Pagos Digitales, S.A. de C.V., Electronic Payment Funds Institution.
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 $13,000,000.00 (thirteen million pesos 00/ 100 National Currency).
FIFTH.
Its corporate purpose will correspond to the realization of all activities in national currency contemplated in article 22 of the Law to Regulate Financial Technology Institutions. Additionally it may carry out the activities provided in article 25 of the legal ordinance indicated above, in accordance with its corporate purpose.
SIXTH.
The authorization referred to in this office letter is, by its own nature, non-transferable.
SEVENTH.
Accesa México Pagos Digitales, S.A. de C.V., Electronic Payment Funds 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 powers, as well as, of the other competent financial authorities in the terms that the laws provide and provisions emanating from them.
EIGHTH.
The services consisting of the issuance, administration, redemption and transmission of electronic payment funds that Accesa México Pagos Digitales, S.A. de C.V., Electronic Payment Funds 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 to the Law to Regulate Financial Technology Institutions, to the rules and general provisions applicable to Financial Technology Institutions issued by the National Banking and Securities Commission, to the provisions jointly issued by the National Banking and Securities Commission and the Bank of Mexico and to the other current norms and provisions and those to be issued in the future by any competent authority, including those relating to operations with resources of illicit origin and terrorism financing, which by their nature are applicable.
Accesa México Pagos Digitales, S.A. de C.V., Electronic Payment Funds Institution, must prove to this Commission, with at least thirty business days in advance of the start of its operations, compliance with the requirements established in article 40 of the Law to Regulate Financial Technology Institutions.
This is issued based on the legal provisions previously invoked, as well as in exercise of the powers conferred in articles 1, 2, 4, sections XI and XXXVIII, 10, sections III and V of the Law of the National Banking and Securities Commission, as well as articles 1, 3, sections IV and V, 4, sections I, subsections A and B, and II, subsection A, numeral 5) and subsection B, numerals 22) and 32), 14, 17, 35, 45, section I and 64, third paragraph of the Internal Regulations of the National Banking and Securities Commission, published in the Official Gazette of the Federation on 28 February 2022.
Sincerely
Mexico City, 9 June 2023. - General Director of Specialized Authorizations, Lic. Brenda Amparo Menes Cárdenas .- Signature.- Technical Vice President, Lic. Ramiro Edgar Álvarez Hernández .- Signature.
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