2016-09-29 | DOF 5454676Added
Caja Solidaria Kafen Tomin, S.C. de A.P. de R.L. de C.V. is authorized to continue conducting savings and loan operations at Level I under its current name. The authorization is subject to specific bases, including indefinite duration, operations defined by law, and location in Tamazunchale, San Luis Potosí. The entity must register the authorization in the Public Commerce Registry within 60 days and adjust its constitutive bases to comply with applicable laws within the same period, seeking approval under Article 30 Bis of the Savings and Loan Cooperative Societies Law.
DOF: 29/09/2016
OFFICIAL LETTER granting authorization to Caja Solidaria Kafen Tomin, S
At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.- Presidency.- Vice Presidency of Regulation.- Vice Presidency of Supervision of Development Banking and Popular Finance.- General Directorate of Special Authorizations.- General Directorate of Supervision of Savings and Loan Cooperatives B.-
Official Letter No. P059/2016.- File: CNBV.312.211.16 (8162) " 2016-08-23 " <10>.
Subject:
Authorization to Caja Solidaria Kafen Tomin, S.C. de A.P. de R.L. de C.V. to continue conducting savings and loan operations.
AUXILIARY SUPERVISION COMMITTEE OF THE AUXILIARY SUPERVISION FUND FOR SAVINGS AND LOAN COOPERATIVE SOCIETIES AND FOR THE PROTECTION OF THEIR SAVERS
Blvd. Adolfo López Mateos No. 2607, interior 3 Col. Barrio de Guadalupe, C.P. 37280, León, Gto.
CAJA SOLIDARIA KAFEN TOMIN, S.C. DE A.P. DE R.L. DE C.V. Calle Juárez No. 189-A, Col. San José C.P. 79960, Tamazunchale, San Luis Potosí
TO:
L.A.E. JORGE VALLE PÉREZ President of the Auxiliary Supervision Committee
C. TERESA TORRES GARAY Representative of the society
Through a document submitted on September 22, 2014, the Auxiliary Supervision Committee of the Auxiliary Supervision Fund for Savings and Loan Cooperative Societies and for the Protection of Their Savers, through its President, Mr. Jorge Valle Pérez, submitted to the National Banking and Securities Commission the request for authorization for Caja Solidaria Kafen Tomin, S.C. de A.P. de R.L. de C.V., to continue conducting savings and loan operations, in accordance with Article 10 of the Law for Regulating the Activities of Savings and Loan Cooperative Societies.
Through a document submitted on February 24, 2016, the Auxiliary Supervision Committee of the Auxiliary Supervision Fund for Savings and Loan Cooperative Societies and for the Protection of Their Savers, in extension of its request, provided complementary documentation and information related to the subject matter.
Regarding this matter, the Board of Directors of this Commission, in a session held on August 19, 2016,
based on Article 10 of the Law for Regulating the Activities of Savings and Loan Cooperative Societies, and
CONSIDERING
FIRST.- That the Auxiliary Supervision Committee of the Auxiliary Supervision Fund for Savings and Loan Cooperative Societies and for the Protection of Their Savers issued its favorable opinion on September 5, 2014, regarding the authorization request in question;
SECOND.- That the documentation and information presented in connection with the authorization request for Caja Solidaria Kafen Tomin, S.C. de A.P. de R.L. de C.V. to continue conducting savings and loan operations, complies with the requirements set forth in Articles 10 and 11 of the Law for Regulating the Activities of Savings and Loan Cooperative Societies and Articles 2, 3, and 192 of the General Provisions applicable to the activities of savings and loan cooperative societies; and
THIRD.- That from the analysis of the received documentation and information, it was concluded that, from a legal, financial, and operational standpoint, the requested authorization is appropriate, adopted the following:
AGREEMENT
"FOURTH.- The members of the Board of Directors, based on Article 12, fraction V of the Law of the National Banking and Securities Commission, taking into consideration the favorable opinion issued by the Authorization Committee of the National Banking and Securities Commission, in its session held on August 11, 2016, unanimously authorized Caja Solidaria Kafen Tomin, S.C. de A.P. de R.L. de C.V., to continue conducting savings and loan operations at an operations Level I, under its same name, in accordance with the Law for Regulating the Activities of Savings and Loan Cooperative Societies. "
The society to which this authorization is granted to continue conducting savings and loan operations will be subject to the following:
BASES
FIRST.-
The name of the society is Caja Solidaria Kafen Tomin, which will be used followed by the words Sociedad Cooperativa de Ahorro y Préstamo de Responsabilidad Limitada de Capital Variable, or its abbreviation S.C. de A.P. de R.L. de C.V.
SECOND.-
Its duration will be indefinite.
THIRD.-
Its corporate purpose will include carrying out all operations set forth in Article 19, fraction I of the Law for Regulating the Activities of Savings and Loan Cooperative Societies.
FOURTH.-
Its corporate domicile will be located in Tamazunchale, San Luis Potosí.
FIFTH.-
The cooperative society will have an operations Level I.
SIXTH.-
The authorization referred to in this official letter is, by its very nature, non-transferable.
SEVENTH.-
The cooperative society 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 for Savings and Loan Cooperative Societies and for the Protection of Their Savers.
EIGHTH.-
The savings and loan operations that the cooperative society enters into by virtue of this authorization, as well as other operations it carries out, as well as its organization and functioning in general, will be subject, in matters not expressly stated in this official letter, to the Political Constitution of the United Mexican States, to the General Law of Cooperative Societies, to the Law for Regulating the Activities of Savings and Loan Cooperative Societies, to the rules and general provisions applicable to savings and loan cooperative societies issued by the National Banking and Securities Commission, to the provisions regarding its operations issued by the Bank of Mexico, and to other current and future norms and provisions issued by any competent authority, including those related to operations with resources of illicit origin and financing of terrorism, which by their nature are applicable to it.
Furthermore, and complementary to the agreement adopted by the Board of Directors authorizing Caja Solidaria Kafen Tomin, S.C. de A.P. de R.L. de C.V. to continue conducting savings and loan operations, this Commission, based on the provisions of Article 19 of the Law of the National Banking and Securities Commission and Article 70 of the Law for Regulating the Activities of Savings and Loan Cooperative Societies, requires that cooperative society:
First:
Register this authorization in the Public Commerce Registry corresponding to its corporate domicile, no later than within 60 calendar days following its notification, and must send a copy of the registration to this Commission within 15 calendar days after the registration, in accordance with the provisions of Article 10, penultimate paragraph of the Law for Regulating the Activities of Savings and Loan Cooperative Societies.
Second:
Carry out, no later than within 60 calendar days counted from the date of notification of this official letter, the corporate acts necessary to adjust its constitutive bases to the Law for Regulating the Activities of Savings and Loan Cooperative Societies and to the General Law of Cooperative Societies, and request the approval provided for in Article 30 Bis of the Law for Regulating the Activities of Savings and Loan Cooperative Societies, subject to the procedure and terms referred to in the aforementioned legal provision.
Likewise, attached hereto and duly sealed is the draft of the constitutive bases of Caja Solidaria Kafen Tomin, S.C. de A.P. de R.L. de C.V. that accompanied its authorization request, in order to request the approval provided for in Article 30 Bis of the Law for Regulating the Activities of Savings and Loan Cooperative Societies, within the terms and deadlines required above.
The Commission will publish this official letter in the Official Gazette of the Federation, in accordance with the provisions of Article 10, penultimate paragraph of the Law for Regulating the Activities of Savings and Loan Cooperative Societies.
The foregoing is communicated based on Articles 121, 123, and 132 of the Law for Regulating the Activities of Savings and Loan Cooperative Societies; Articles 16, fractions I and VI of the Law of the National Banking and Securities Commission; and Articles 9, 12, and 13 of the Internal Regulations of the National Banking and Securities Commission, published in the Official Gazette of the Federation on November 12, 2014.
Respectfully,
Mexico City, August 23, 2016.- The President, Jaime González Aguadé.- Signature.
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