2023-07-20 | DOF 5696113Added · Updated
Authorization is granted for the organization and operation of the popular financial society Financiera Haai Capital, S.A. de C.V., Popular Financial Society, with a Level I operations status and an initial capital of $50,000,000.00 MXN. The entity is established indefinitely in Mexico City and must request authorization to commence operations within 180 business days following notification of this approval. The society is subject to supervision by the National Banking and Securities Commission and the Federation of Institutions and Rural Financial Organizations, complying with applicable laws regarding illicit resources and terrorism financing.
Official Gazette of the Federation: 20/07/2023
OFFICE MEMORANDUM whereby authorization is granted for the organization and operation of a popular financial society to be named Financiera Haai Capital, S
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. P223/2023.
Subject:
Authorization for the organization and
operation of a popular financial
society to be named Financiera Haai Capital,
S.A. de C.V., Popular Financial Society.
FEDERATION OF INSTITUTIONS AND
RURAL FINANCIAL ORGANISMS, A.C.
XOCHICALCO NO. 55, NEIGHBORHOOD NARVARTE PONIENTE,
BENITO JUÁREZ, MEXICO CITY, POSTAL CODE 03020.
ATTN.
Citizen JOSÉ ANTONIO ORTEGA CARBAJAL
GENERAL MANAGER
Citizen JOSÉ PORFIRIO SÁNCHEZ TALAVERA BEILES
EXTENSION PASEO DE LA REFORMA NO. 627, FLOOR 9
NEIGHBORHOOD PASEO DE LAS LOMAS, CUAJIMALPA DE MORELOS,
MEXICO CITY, POSTAL CODE 01330.
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 Secretariat of Finance and Public Credit, which aims to supervise and regulate within its competence the entities comprising the Mexican financial system, in order to procure 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 9 of the Popular Savings and Credit Law establishes that a favorable opinion from a Federation and authorization that corresponds to be granted discretionarily to the Commission will be required, for the organization and functioning of Popular Financial Societies.
Considering the above, with a document presented by the Federation of Institutions and Rural Financial Organisms, A.C. (the Federation) through its general manager Citizen José Antonio Ortega Carbajal, on February 15, 2022, the authorization request referred to in article 9 of the Popular Savings and Credit Law was received before this Commission, accompanied by the favorable opinion issued by the Auxiliary Supervision Committee of the Federation, as well as the information and supporting documentation indicated in articles 10 of the Popular Savings and Credit Law and 2 and 2 Bis of the General Provisions applicable to popular savings and credit entities, integration organisms, community financial societies and rural financial integration organisms, referred to in the Popular Savings and Credit Law.
In terms of article 124 bis, third paragraph of the Popular Savings and Credit Law, this Commission required the Federation to address various observations in relation to the authorization request.
In relation to the above, the Federation sent documentation and information in order to respond to the prevention referred to above. Additionally, this authority required on three more occasions, diverse documentation and complementary information, with the purpose of having sufficient elements of judgment to resolve on the authorization request presented; the Federation addressed the requests for complementary information and sent updated documentation and information in relation to the file.
Having stated the above, it is made known to you that the Governance Board of this Commission, in 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 the documentation and information presented on the occasion of the authorization request for the organization and functioning of the popular financial society to be named Financiera Haai Capital, S.A. de C.V., Popular Financial Society, complies with the requirements provided in articles 10 of the Popular Savings and Credit Law and 2 and 2 Bis of the General Provisions applicable to popular savings and credit entities, integration organisms, community financial societies and rural financial integration organisms, referred to in the Popular Savings and Credit Law.
SECOND.- 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 to grant the requested authorization, therefore, in accordance with the certification of the Secretary of the Governance Board of the Commission, which is transcribed in the relevant part, the following was adopted:
AGREEMENT
" FOURTH .- The members of the Governance Board, based on article 12,
section V of the Law of the National Banking and Securities Commission, approved by
unanimity the organization and functioning of a popular financial society to
be named Financiera Haai Capital, S.A. de C.V., S.F.P., with an operations level I, in
terms of the Popular Savings and Credit Law. "
The previous agreement is adopted without prejudice to the other authorizations that on account 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 organization process of Financiera Haai Capital, S.A. de C.V., Popular Financial Society, in which they must comply with the applicable requirements for the start of operations.
For the foregoing, this National Banking and Securities Commission, prior agreement of its Governance Board
authorizes the organization and functioning of a popular financial society to be named Financiera Haai
Capital, S.A. de C.V., Popular Financial Society.
The entity whose organization and operation is authorized, will be subject to the following:
CONDITIONS
FIRST.
The name of the society shall be Financiera Haai Capital, S.A. de C.V., Popular
Financial Society.
SECOND.
It shall have its corporate domicile in Mexico City.
THIRD.
Its duration shall be indefinite.
FOURTH.
The amount of its initial capital shall be $50 ' 000,000.00 (fifty million pesos
00/100
National Currency).
FIFTH.
Its corporate purpose shall correspond to the realization of the activities and services indicated in
section I of article 36 of the Popular Savings and Credit Law.
SIXTH.
The authorization referred to in this office memorandum is, by its own nature,
non-transferable.
SEVENTH.
It shall correspond to an operations level I.
EIGHTH.
Financiera Haai Capital, S.A. de C.V., Popular Financial Society, shall be subject to
the supervision of the National Banking and Securities Commission, to the auxiliary supervision of the
Federation, as well as of the other competent financial authorities in the terms
that the laws and the provisions emanating from these indicate.
NINTH.
The activities and services that Financiera Haai Capital, S.A. de C.V., Popular Financial
Society, 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 Popular Savings and Credit Law, to the rules and general provisions applicable to
popular financial societies issued by the National Banking and Securities Commission, and
to the other current norms and provisions and those that are 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.
Financiera Haai Capital, S.A. de C.V., Popular Financial Society must submit its request for start
of operations before this Commission in the terms provided in article 32 Bis of the Popular Savings and Credit
Law, within the period of one hundred eighty business days counted from the following business day in which
this authorization has been notified.
This is issued based on the legal provisions previously invoked, as well as in exercise of
the powers conferred to articles 147 and 155 of the Popular Savings and Credit Law, 1, 2, 4, sections
XI and XXXVIII, 10, section II of the Law of the National Banking and Securities Commission and articles 1, 3,
section III, 9, 14 and 15 of the Internal Regulations of the National Banking and Securities Commission, published in the
Official Gazette of the Federation on February 28, 2022.
Sincerely
Mexico City, as of July 11, 2023. - President, Dr. Jesús de la Fuente Rodríguez .- Signature.
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