2024-05-24 | DOF 5728404Added
The National Commission of Insurance and Sureties authorizes Gabriela Josefina Rosas Abarca and Denise Azucena Rosas Abarca to organize, operate, and function as Plenit Compañía de Seguros, S.A. de C.V., with a social domicile in Puebla de Zaragoza and a social capital of $60,901,542.00 MXN. The authorization permits the practice of accident and illness operations in the personal accident and medical expense lines of business. The authorization is subject to obtaining a favorable opinion from the Commission within 180 days from the approval of the public instrument establishing the company, and the official letter must be published in the Official Gazette and two widely circulated newspapers within 120 days of notification.
DOF: 24/05/2024
OFFICIAL LETTER authorizing Plenit Compañía de Seguros, S.A. de C.V. to organize, operate and function as an insurance institution.
At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- National Commission of Insurance and Sureties.- Presidency.- File:
C00.411.3S.2"22".- Official Letter No. 06-C00-41100-05782/2024.- Legal Vice Presidency.- General Directorate of Legal Advisory and Intermediaries.
GABRIELA JOSEFINA ROSAS ABARCA
DENISE AZUCENA ROSAS ABARCA
Guillermo González Camarena 200, Offices 21 and 22
Santa Fe Neighborhood
Álvaro Obregón Borough
C.P. 01219, Mexico City
SUBJECT:
Authorization to Plenit Compañía de
Seguros, S.A. de C.V., to
organize, operate and function as
an insurance institution.
The Federal Government, through the National Commission of Insurance and Sureties, prior to the Agreement of its Board of Directors, based on articles 2, fraction I, 17, 26 and 31, fraction VIII, of the Organic Law of the Federal Public Administration; 4, section G, fraction III, 48 and 49 of the Internal Regulations of the Ministry of Finance and Public Credit; 11, 12, 25, first paragraph, fraction II, subsections a) and b), 41, fractions I to VI and VIII,
47, 366, fraction VIII, 367, fractions I and II, 369, fraction II, 370, last paragraph, 372, fraction XLI, and 373 of the Law of Insurance and Surety Institutions; 30-E, fraction IV, of the Federal Rights Law; in
Provisions 2.1.1. to 2.1.4., in Chapters 39.1. and 39.6., and in Annex 2.1.3-a of the Single Insurance and Surety Circular; as well as in articles 4, fractions I and II, 6 and 9 of the Internal Regulations of the National Commission of Insurance and Sureties, issues these Resolutions in attention to the following Background and Considerations:
BACKGROUND
FIRST.- By writings dated September 13, 2022, February 21, March 6, 7 and 16, April 21, July 10 and
25, August 1 and October 5, 2023, Carolina Sánchez Almaraz, on behalf of Gabriela
Josefina Rosas Abarca and Denise Azucena Rosas Abarca, requested authorization from this Decentralized Body for the organization, operation and functioning of an insurance institution to be named PLENIT
INSURANCE COMPANY, S.A. DE C.V., which intends to practice the operation of accidents and illnesses in the lines of personal accidents and medical expenses.
SECOND. -
The authorization request was submitted to the consideration of the Board of Directors of this
Commission, which, taking into account the favorable opinion of its Authorization Committee, agreed in
its Session 236 held on October 31, 2023:
"UNIQUE. - AUTHORIZATION IS GRANTED to Gabriela Josefina Rosas Abarca and Denise Azucena
Rosas Abarca to carry out the organization, operation and functioning of a
insurance institution to be named " Plenit Insurance Company, S.A. de C.V. " , whose object
will be the practice of the operation of accidents and illnesses, in the lines of
personal accidents and medical expenses, with social domicile in the City of Puebla de Zaragoza,
State of Puebla, and a social capital of $60 ' 901,542.00 (Sixty million nine hundred one
thousand five hundred forty-two pesos 00/100 M.N.)
This is understood to be that said authorization will be subject to the institution that is
incorporated obtaining the favorable opinion that, if applicable, this Commission issues in
accordance with articles 11, third paragraph, and 47 of the Law of Insurance and Surety
Institutions, which must be requested within a period of one hundred eighty days counted from
the approval of the public instrument in which the incorporation of such
society is recorded.
In the event that the favorable opinion referred to in article 47 of the Law of
Insurance and Surety Institutions is not obtained, this authorization will become void."
THIRD.- By official letters 06-C00-41100-23300/2023 and 06-C00-41100-23355/2023, both dated October 31,
2023, this Commission, among other resolutions, notified the applicants of the agreement of the Board of
Directors
of this Decentralized Body regarding the request to constitute and organize an insurance
institution that intends to operate the operation of accidents and illnesses in the lines of personal
accidents and medical expenses; as well as the favorable opinion and approval of the bylaws of the
institution to be constituted by the applicants.
FOURTH. -
By writing received in the registry office of this Commission on January 24, 2024,
Carolina Sánchez Almaraz on behalf of Gabriela Josefina Rosas Abarca and Denise Azucena Rosas
Abarca, submitted the original first testimony and a copy by notarial comparison of public instrument number
7,090 of January 17, 2024, granted before the notary of Lic. Amado Llaguno Hernández, holder of the
Public Notary No. 41, of the Judicial District of Puebla, in which the protocolization of the bylaws of the
insurance institution Plenit Compañía de Seguros, S.A. de C.V. is recorded; for which reason by official letter 06-C00- 41100-02125/2024 of February 14, 2024, this Decentralized Body considered said
notarial instrument presented and fulfilled what was ordered in official letters numbers 06-C00-41100-23300/2023
and
06-C00-41100-23355/2023, both dated October 31, 2023, ordering its registration in the Public
Registry of Commerce corresponding.
FIFTH. -
By writing dated March 5, 2024, the applicants presented the proof of payment of the
rights referred to in article 30-E, fraction IV, of the Federal Rights Law, for the authorization for the
constitution and operation of the insurance institution Plenit Compañía de Seguros, S.A. de C.V.
CONSIDERATIONS
FIRST. - That once the documentation and information submitted by the applicants has been reviewed,
through the writings referred to in the First Background of this Official Letter, it was determined that the
requirements established in articles 11, 25, first paragraph, fraction II, subsections a) and b), and 41 of the Law of
Insurance and Surety Institutions; in Provisions 2.1.1. to 2.1.4., in
Chapters 39.1. and 39.6., and in
Annex 2.1.3-a of the Single Insurance and Surety Circular; applicable regulations for the organization and
operation of an insurance institution that will practice the operation of accidents and illnesses in the
lines of personal accidents and medical expenses.
SECOND.- That in accordance with articles 11 and 369, fraction II, of the Law of Insurance Institutions
and Sureties, authorizations to organize, operate and function as an insurance institution
must be granted by this Commission prior to the agreement of its Board of Directors, for which reason it is taken into
account that the Board of Directors of this Decentralized Body, in its Session 236 held on October 31,
2023, agreed to grant the requested authorization; likewise, it is to be considered that it corresponds to the
Head of the Presidency of this Commission to comply with the agreements of the aforementioned Governing Body,
in terms of what is established in articles 370, last paragraph, and 372, fraction XLI, of the same Law.
THIRD. - That in accordance with what is stated in article 11 of the Law of Insurance Institutions and
Sureties, this National Commission of Insurance and Sureties, by official letter 06-C00-41100-23355/2023 of October 31
of
2023, granted approval to the project of social bylaws submitted, and by the different
06- C00-41100-23300/2023 of the same date, the agreement of the Board of Directors was notified to the applicants
granting the requested authorization.
FOURTH.- That by official letter 06-C00-41100-02125/2024 of February 14, 2024, this Commission had
presented public instrument number 7,090 of January 17, 2024, granted before the notary of Lic. Amado
Llaguno Hernández, holder of Public Notary No. 41, of the Judicial District of Puebla, in which the
protocolization of the social bylaws of the insurance institution Plenit Compañía de Seguros, S.A. de
C.V. is recorded, in compliance with official letters 06-C00-41100-23300/2023 and 06-C00-41100-23355/2023, described in the
Third Background of this official letter.
FIFTH.- That in terms of articles 11, third paragraph, 12 and 47 of the Law of Insurance Institutions
and Sureties, the start of operations as an insurance institution will be subject to the obtaining of the
favorable opinion issued by this Commission, which must be requested within a period of one hundred eighty
days counted from the approval of the public instrument in which the social bylaws of
Plenit Compañía de Seguros, S.A. de C.V. are recorded.
In view of the foregoing, the following are issued:
RESOLUTIONS
FIRST.- The Federal Government through the National Commission of Insurance and Sureties and prior agreement
of its Board of Directors, based on articles 2, fraction I, 17, 26 and 31, fraction VIII, of the Law
Organic of the Federal Public Administration; 4, section G, fraction III, 48 and 49 of the Internal Regulations of
the Ministry of Finance and Public Credit; 11, 12, 25, first paragraph, fraction II, subsections a) and b), 41,
fractions I to VI and VIII,
47, 366, fraction VIII, 367, fractions I and II, 369, fraction II, 370, last paragraph, 372,
fraction XLI, and 373 of the Law of Insurance and Surety Institutions; 30-E, fraction IV, of the Federal Law of
Rights; in Provisions 2.1.1. to 2.1.4., in Chapters 39.1. and 39.6., and in
Annex 2.1.3-a of the
Single Insurance and Surety Circular; grants authorization to Gabriela Josefina Rosas Abarca and Denise Azucena
Rosas Abarca to carry out the organization and operation of the insurance institution under the
denomination of Plenit Compañía de Seguros, S.A. de C.V., in accordance with the following:
AUTHORIZATION GRANTED BY THE FEDERAL GOVERNMENT TO PLENIT INSURANCE COMPANY,
S.A. DE C.V., TO ORGANIZE, OPERATE AND FUNCTION AS
AN INSURANCE INSTITUTION, IN THE FOLLOWING TERMS:
ARTICLE FIRST.- In exercise of the power conferred on the Federal Government by article
11 of the Law of Insurance and Surety Institutions, the National Commission of Insurance and
Sureties authorizes Plenit Compañía de Seguros, S.A. de C.V., to organize, operate
and
function as an insurance institution.
ARTICLE SECOND.- The insurance institution is authorized to practice in the
Mexican Republic the operation of accidents and illnesses in the lines of personal
accidents and medical expenses.
ARTICLE THIRD.- The insurance institution will be subject to the Law of Insurance Institutions
and Sureties, as well as to the provisions derived from it, to the General Law of
Commercial Societies, and to the other norms that, by their nature, are applicable to it and, in particular, to the
following bases:
I.- The corporate name will be Plenit Compañía de Seguros, followed by the words
" Variable Capital Anonymous Society " or its abbreviations S.A. de C.V.
II.- Plenit Compañía de Seguros, S.A. de C.V., must have the minimum paid capital
that is determined for the year in question, for each operation or line authorized for it,
expressed in Investment Units and which must be covered in national currency, as ordered by article
49, first paragraph, of the Law of Insurance and Surety Institutions.
III.- The social domicile of the insurance institution is the City of Puebla de Zaragoza,
State of Puebla.
ARTICLE FOURTH. - By its very nature this authorization is non-transferable.
ARTICLE FIFTH. - The insurance institution will be subject to the inspection and supervision of
the National Commission of Insurance and Sureties, in accordance with article 382 of the Law of
Insurance and Surety Institutions.
SECOND. - This authorization, as established in articles 11 and 12 of the Law of
Insurance and Surety Institutions, is subject to the aforementioned institution obtaining the favorable
determination that, if applicable, this Commission issues in accordance with article 47 of the Law of Insurance and Surety
Institutions.
In the event that the favorable determination referred to is not obtained, this authorization will not
take effect.
THIRD. - This official letter must be published in the Official Gazette of the Federation and in two newspapers of
wide circulation from the social domicile of the institution, within one hundred twenty days following the date
of its notification, in terms of what is provided in article 11, fourth paragraph, of the Law of Insurance Institutions
and Sureties, at the expense of the interested parties.
This is issued based on the information provided by the applicants contained in the
writings submitted and is limited exclusively to the authorization granted to Plenit Compañía de Seguros,
S.A. de C.V., in the terms described which, in accordance with the applicable provisions, competes to resolve
by this Commission, and does not prejudge any act that said society carries out and that implies prior
authorization or approval of other financial, administrative, tax or any other
authorities, in terms of current regulations, nor validates the legality or validity of the same in the event that
such authorization or approval is not obtained.
Respectfully
Mexico City, April 9, 2024.- The President of the National Commission of Insurance and Sureties,
Ricardo Ernesto Ochoa Rodríguez .- Rubric.
(R.- 553350)
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