2023-03-01 | DOF 5681213Added · Updated
Authorization is granted for the organization and operation of Servicios de Catering Merci, S.A.P.I. de C.V. as an Electronic Payment Funds Institution with indefinite duration and domicile in Mexico City. The entity must maintain an initial share capital of $30,050,000.00 MXN and is subject to supervision by the National Banking and Securities Commission and the Bank of Mexico under the Law to Regulate Financial Technology Institutions. This authorization is non-transferable and requires compliance with all applicable regulations regarding electronic payment funds and anti-money laundering provisions.
Official Gazette of the Federation: 01/03/2023
OFFICE MEMORANDUM granting authorization for the organization and operation of an electronic payment funds institution to be named Servicios de Catering Merci, S.A.P.I. de C.V., Institution of Electronic Payment Funds
On the margin a seal with the National Shield, which says: United Mexican States.- TREASURY.- Secretariat of Finance and Public Credit.- National Banking and Securities Commission.- Presidency.- Office Memorandum No.: P414/ 2021.
Subject:
Authorization for the organization and
operation of an electronic payment funds
institution to be named Servicios de
Catering Merci, S.A.P.I. de C.V., Institution
of Electronic Payment Funds.
SERVICIOS DE CATERING MERCI, S.A.P.I. DE C.V.
Pedregal No. 24, Torre Virreyes, Floor 24
Neighborhood Molino del Rey, Postal Code 11040
Miguel Hidalgo, Mexico City
ATTENTION: Mr. DANIEL AUTRIQUE ECHEVESTE
Legal Representative
With a document presented on September 25, 2019, Servicios de Catering Merci, S.A.P.I. de C.V. (Merci or
the company), requested from the National Banking and Securities Commission (Commission) authorization to organize and
operate as an Institution of Electronic Payment Funds to be named Servicios de Catering Merci,
S.A.P.I. de C.V., Institution of Electronic Payment Funds, attaching thereto the information and
corresponding supporting documentation.
As a background, it should be noted that this Commission prevented Merci within the period established in the
Law to Regulate Financial Technology Institutions, in order that it attend to various observations and
recommendations in relation to its authorization request, granting thereto the extension requested to
this authority.
In relation to the above, Merci sent diverse documentation and information in order to give
response to the prevention referred to above. Likewise, this authority required from Merci diverse documentation
and complementary information in order to be in conditions to attend to its authorization request, for which
reason, that company attended to the request for complementary information and sent documentation and
updated information in relation to its file. The company requested an extension to the resolution period and an extension for the response which were granted.
On the matter, the Interinstitutional Committee in session held on October 18, 2021, 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 by reason of the authorization request
for the organization and operation of the electronic payment funds institution to be named Servicios de
Catering Merci, S.A.P.I. de C.V., Institution of Electronic Payment Funds, complies with the requirements
provided in article 22, in relation to 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.
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, for which reason the following was adopted:
AGREEMENT
" FIRST.- The members of the Interinstitutional Committee, based on articles 11 and 35, in
relation to article 22 of the Law to Regulate Financial Technology Institutions, approve by unanimity the authorization for the organization and operation of an Institution of Electronic Payment Funds
to be named Servicios de Catering Merci, S.A.P.I. 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
Servicios de Catering Merci, S.A.P.I. 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 company shall be Servicios de Catering Merci, S.A.P.I. de C.V.,
Institution of Electronic Payment Funds.
SECOND.-
It shall have its social domicile in Mexico City.
THIRD.-
Its duration shall be indefinite.
FOURTH.-
The amount of its initial share capital shall be $30,050,000.00 (thirty million fifty thousand
pesos 00/100 National Currency)
FIFTH.-
Its corporate purpose shall correspond to the realization of all activities in national currency
contemplated in articles 22 and 25, sections I, III, IV, V, VII, VIII, IX, X and XIII
of the Law
to Regulate Financial Technology Institutions .
SIXTH.-
The authorization referred to in this office memorandum is, by its own nature,
non-transferable.
SEVENTH.-
The institution shall 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 that it carries out, as well as its organization and operation in
general, shall be subject, in what is not expressly indicated in this office memorandum, 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 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 terrorist financing, which by their
nature result applicable.
In relation to the above exposed, Merci must observe the terms and attend to the obligations
contained in office memorandum P415/2021 dated October 21, 2021.
The present, is issued based on articles 16, sections I and XVII of the Law of the National Banking and Securities Commission and 12 and 41, section I of the Internal Regulations of the National Banking and Securities Commission.
Sincerely
Mexico City, at October 21, 2021. - President, Juan Pablo Graf Noriega .- Signature.
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