2023-08-15 | DOF 5698446Added
Authorization is granted for the organization and operation of Finalitix, S.A. de C.V. as an Electronic Payment Funds Institution with indefinite duration and social domicile in Hermosillo, Sonora. The entity must maintain a minimum social capital equivalent to at least 500,000 UDIs and is subject to supervision by the Commission and the Bank of Mexico under applicable financial technology laws. Finalitix must accredit compliance with Article 40 of the Law to Regulate Financial Technology Institutions at least thirty business days prior to commencing operations.
Official Gazette of the Federation: 15/08/2023
OFFICE MEMORANDUM through which authorization is granted for the organization and operation of an Electronic Payment Funds Institution to be named Finalitix, S
In the margin a seal with the National Shield, stating: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.- Vice Presidency of Normativity.- General Directorate of Specialized Authorizations.- General Directorate of Supervision of Financial Technology Institutions.- Office No.: 311-96149/2023.
Subject :
Authorization for the organization and operation of an
Electronic Payment Funds Institution to
be named Finalitix, S.A. de C.V., Electronic Payment
Funds Institution .
FINALITIX, S.A. DE C.V.
AVE. SOCIAL SECURITY NO. 56 A
NEIGHBORHOOD ISRAEL GONZÁLEZ RÍO MAYO MODELO,
ZIP CODE 83190, HERMOSILLO, SONORA.
ATTN.:
Mr. GUSTAVO ANTONIO AGUILAR ASTIAZARÁN
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 decentralized body of the Ministry of Finance and
Public Credit, which aims to supervise and regulate within its competence the entities
integrating 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, the Commission is responsible
for authorizing the constitution and operation of those entities indicated by the laws, as well as
exercising the other powers attributed to it by the Law of the National Banking and Securities
Commission.
In that 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 institutions
of
crowdfunding or electronic payment funds, 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
Considering the above, with a document presented on July 1, 2022, Mr. Gustavo Antonio Aguilar
Astiazarán, representing the company named Finalitix, S.A. de C.V. (FINALITIX, the Company or the
Promoter), requested from the Commission authorization to organize and operate an Electronic Payment Funds
Institution to be named Finalitix, 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 FINALITIX 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.
Regarding the above, FINALITIX sent documentation and information in order to respond to the
requirement referred to above. Additionally, this authority required FINALITIX various complementary documentation and
information in order to have sufficient elements of judgment to resolve
on the authorization request presented by FINALITIX; company that addressed the request for
complementary information and sent updated documentation and information regarding its file.
The company requested an extension to the resolution period and an extension for compliance, which were
granted.
Having stated the above, you are informed that the Interinstitutional Committee in session held on 4
of August 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 Finalitix, 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 the
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
to the certification of the Secretary of the Interinstitutional Committee, which is transcribed in the relevant part, the following was
adopted:
AGREEMENT
" FIRST.- 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 Finalitix, S.A. de
C.V., Electronic Payment Funds Institution. "
The above agreement is adopted without prejudice to the other authorizations that, on the occasion of 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 process of
organization of Finalitix, S.A. de C.V., Electronic Payment Funds Institution, in which the
applicable requirements for the start of operations shall be met.
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
Finalitix, S.A. de C.V., Electronic Payment Funds Institution.
The entity whose organization and operation is authorized, will be subject to the following:
CONDITIONS
FIRST.
The name of the company shall be Finalitix, S.A. de C.V., Electronic Payment Funds
Institution.
SECOND.
It shall have its social domicile in Hermosillo, Sonora.
THIRD.
Its duration shall be indefinite.
FOURTH.
The amount of its minimum social capital shall be at least the equivalent in national currency
to 500,000 UDIs.
FIFTH.
Its corporate purpose shall correspond to the realization of the 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 order indicated above, in accordance with its corporate purpose.
SIXTH.
The authorization referred to in this office memorandum is, by its own nature, non-transferable.
SEVENTH.
Finalitix, S.A. de C.V., Electronic Payment Funds Institution shall be subject to the
supervision of the National Banking and Securities Commission and the Bank of Mexico, in the
exercise of their respective attributions, as well as of the other competent financial
authorities in the terms that the laws provide and provisions emanating from these.
EIGHTH.
The services consisting of the issuance, administration, redemption and transmission of funds
of electronic payment that Finalitix, S.A. de C.V., Electronic Payment Funds 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 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 norms and provisions
current and those that will be issued in the future by any competent authority, including those
relative to operations with resources of illicit origin and terrorism financing, which
by their nature are applicable.
Finalitix, S.A. de C.V., Electronic Payment Funds Institution, must accredit to this Commission, with at
least thirty business days of anticipation to the start of its operations, compliance with the requirements
established in article 40 of the Law to Regulate Financial Technology Institutions.
The present is issued based on the legal provisions invoked above, as well as in
exercise
of the powers conferred in articles 1, 2, 4, sections XI and XXXVIII, 10, section V of the
Law of the
National Banking and Securities Commission, as well as articles 1, 3, section V, 4, sections I, subsection B, and
II, subsection B, numbers 22) and 32), 14, ,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 February 28,
Sincerely
Mexico City, on August 4, 2023 .- General Director of Specialized Authorizations , Attorney
Brenda Amparo Menes Cárdenas .- Signature.- General Director of Supervision of Financial Technology Institutions , Master Leticia Castellanos García .- Signature.
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