2023-07-20 | DOF 5696110Added
The National Banking and Securities Commission authorizes Caja Solidaria Costa Alegre, S.C. de A.P. de R.L. de C.V. to continue conducting savings and loans operations under Level I operations using its existing name. This authorization follows a favorable opinion issued by the Auxiliary Supervision Committee on February 16, 2022, confirming compliance with legal, financial, administrative, and operational requirements. The entity remains subject to supervision by the Commission and the Auxiliary Supervision Committee, adhering to applicable laws regarding cooperative societies and prevention of illicit operations.
Official Gazette of the Federation (DOF): 20/07/2023
OFFICE LETTER whereby authorization is granted to Caja Solidaria Costa Alegre S
On the margin a seal with the National Shield, stating: United Mexican States.- FINANCE.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.- Presidency.- Office Letter No. P224/2023.
Subject:
Resolution notified.
AUXILIARY SUPERVISION COMMITTEE OF THE AUXILIARY SUPERVISION FUND OF SAVINGS AND LOANS COOPERATIVE SOCIETIES AND PROTECTION TO THEIR SAVERS.
BOULEVARD ADOLFO LÓPEZ MATEOS NO. 2607, INTERIOR 3,
NEIGHBORHOOD BARRIO DE GUADALUPE, POSTAL CODE 37280, LEÓN GUANAJUATO.
CAJA SOLIDARIA COSTA ALEGRE, S.C. DE A.P. DE R.L. DE C.V.
STREET JUAN ESCUTIA, NUMBER 285, NEIGHBORHOOD CENTRO,
POSTAL CODE 48450, TOMATLÁN, JALISCO.
ATTN.:
L.A.E. JORGE SÁNCHEZ RAMÍREZ
PRESIDENT OF THE AUXILIARY SUPERVISION COMMITTEE.
ENG. HERI JEUS CUEVAS PARDO
GENERAL MANAGER.
In terms of articles 1 and 2 of the Law of the National Banking and Securities Commission, this National Banking and Securities Commission (hereinafter " Commission ") is a decentralized 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's interests. 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 that order of ideas, article 16 of the Law to Regulate the Activities of Savings and Loans Cooperative Societies (hereinafter " LRASCAP ") provides that Savings and Loans Cooperative Societies with a basic level of operations that subsequent to their constitution or registration have exceeded the asset limit equivalent in national currency to 2 ' 500,000 Investment Units (hereinafter " UDIS ") and that within the following 150 days after verifying said situation have submitted to the Auxiliary Supervision Committee of the Auxiliary Supervision Fund of Savings and Loans Cooperative Societies and Protection to their Savers (hereinafter " Auxiliary Supervision Committee ") the authorization request to operate with a level of operations different from the basic one, may continue carrying out the operations referred to in article 14 of the LRASCAP until the CNBV resolves said request, provided that this has been accompanied by the favorable opinion issued by the Auxiliary Supervision Committee in terms of the LRASCAP .
Considering the above, with written document submitted on May 18, 2018, Caja Solidaria Costa Alegre, S.C. de A.P. de R.L. de C.V. (hereinafter " Caja Solidaria Costa Alegre ") submitted before the Auxiliary Supervision Committee the authorization request so that said society continues carrying out savings and loans operations with a level of operations different from the basic one, in accordance with the provisions of articles 10 and 16, in relation to article 11, all of the LRASCAP .
Likewise, in accordance with the provisions of article 10 of the LRASCAP Savings and Loans Cooperative Societies that have registered a total asset amount equal to or greater than the equivalent in national currency to 2 ' 500,000 UDIS will require authorization to carry out or continue carrying out savings and loans operations which corresponds to the Commission to grant, prior favorable opinion issued by the Auxiliary Supervision Committee , accompanied by the information and documentation referred to in article 11 of the LRASCAP .
Through written document submitted on February 16, 2022, the Auxiliary Supervision Committee , through its President L.A.E. Jorge Sánchez Ramírez, submitted to this Commission the authorization request of Caja Solidaria Costa Alegre , to continue carrying out savings and loans operations with a level of operations different from the basic one, in accordance with the provisions of articles 10 and 16, in relation to article 11, all of the LRASCAP .
With office letters 311-12536694/2022 , 311-21134189/2022 , 311-21134704/2022 and 311-95279/2023 dated May 26, September 13 and December 14, 2022 and March 23, 2023, respectively, with the object of being in a position to continue with the study and processing of the authorization request so that Caja Solidaria Costa Alegre continues carrying out savings and loans operations with a level different from the basic one, this Commission required the Auxiliary Supervision Committee to address various observations and the submission of the documentation and information listed in said office letters.
In relation to the above, the Auxiliary Supervision Committee submitted on the days August 18, September 7 and October 28, all of 2022, February 8 and April 24, both of 2023, documentation and information in order to respond to the aforementioned office letters.
Having stated the above, you are informed that the Governing Board of this Commission , in the extraordinary session held on July 7, 2023, based on article 12 section V of the Law of the National Banking and Securities Commission and,
CONSIDERING
FIRST. - That on February 16, 2022, the Auxiliary Supervision Committee issued the favorable opinion referred to in articles 10 and 16 of the LRASCAP .
SECOND. - That the documentation and information submitted with motivo of the authorization request so that Caja Solidaria Costa Alegre continues carrying out savings and loans operations, complies with the requirements provided in articles 10 and 11 of the LRASCAP and 2 of the General provisions applicable to the activities of savings and loans cooperative societies; and
THIRD. -
That from the analysis of the documentation and information received it was concluded that from the legal, financial, administrative and operational point of view it is appropriate the requested authorization be granted, so that in accordance with the certification of the Secretary of the Governing Board of the Commission , which is transcribed in the relevant part, the following was adopted:
AGREEMENT
" SIXTH. - The members of the Governing Board of the National Banking and Securities Commission, based on article 12, section V of the Law of the National Banking and Securities Commission, authorized by unanimity that Caja Solidaria Costa Alegre, S.C. de A.P. de R.L. de C.V., continues carrying out savings and loans operations with a level of operations I, under its same name, in terms of the Law to Regulate the Activities of Savings and Loans Cooperative Societies. "
The entity to which this authorization is granted so that it continues carrying out savings and loans operations, will be subject to the following:
BASES
FIRST. -
The name of the society is Caja Solidaria Costa Alegre, which will be followed by the words Savings and Loans Cooperative Society of Limited Liability of Variable Capital or its acronym S.C. de A.P. de R.L. de C.V.
SECOND. -
Its corporate domicile will be located in the State of Jalisco.
THIRD. -
Its corporate purpose will comprise the realization of all operations indicated in article 19, section I of the Law to Regulate the Activities of Savings and Loans Cooperative Societies.
FOURTH. -
Its duration will be indefinite .
FIFTH. -
Caja Solidaria Costa Alegre, S.C. de A.P. de R.L. de C.V. will have a level of operations I.
SIXTH. -
The authorization referred to in this office letter is, by its own nature, non-transferable.
SEVENTH. -
Caja Solidaria Costa Alegre, S.C. de A.P. de R.L. de C.V. will be subject to the supervision of the National Banking and Securities Commission, as well as to the auxiliary supervision of the Auxiliary Supervision Committee of the Auxiliary Supervision Fund of Savings and Loans Cooperative Societies and Protection to their Savers.
EIGHTH. -
The savings and loans operations that Caja Solidaria Costa Alegre, S.C. de A.P. de R.L. de C.V. enters into by virtue of this authorization, as well as the other operations it carries out, alike its organization and functioning in general, will be subject, in what is not expressly indicated in this office letter, to the Political Constitution of the United Mexican States, to the General Law of Cooperative Societies, to the Law to Regulate the Activities of Savings and Loans Cooperative Societies, to the rules and general provisions applicable to savings and loans cooperative societies issued by the National Banking and Securities Commission and to the other current norms and provisions and those issued in the future by any competent authority, including those relative to the prevention of operations with resources of illicit origin and terrorism financing, that by their nature are applicable to it.
The above is communicated based on articles 120, section IV, 129 and 132 section IV of the LRASCAP , 1, 2, 3, section IV, subsection b), 4 sections I and XXXVIII, 10, 16, sections I and VI of the Law of the National Banking and Securities Commission; as well as, 1, 3, 9, 14 and 15 of the Internal Regulations of the National Banking and Securities Commission.
Sincerely
Mexico City, July 11, 2023 .- President , Dr. Jesús de la Fuente Rodríguez .- Signature mark.
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