2021-06-23 | DOF 5622005Added · Updated
The Interinstitutional Committee authorizes the organization and operation of Communitas Aurum, S.A.P.I. de C.V., as a Collective Financing Institution, subject to supervision by the National Banking and Securities Commission and the Bank of Mexico. The entity is assigned an initial social capital of $14,130,876.03 MXN and must comply with the Law for the Regulation of Financial Technology Institutions and specific operational bases. The authorization is intransmissible and requires adherence to the conditions set forth in Official Letter No. P032/2021 dated March 5, 2021.
DOF: 23/06/2021
OFFICIAL LETTER through which authorization is granted for the organization and operation of a collective financing institution to be named Communitas Aurum, S.A.P.I. de C.V., Collective Financing Institution.
A seal with the National Coat of Arms appears on the margin, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.- Presidency.- Official Letter No.: P031/ 2021.
Subject:
Authorization for the organization and operation of a collective financing institution to be named Communitas Aurum, S.A.P.I. de C.V., Collective Financing Institution.
COMMUNITAS AURUM, S.A.P.I. DE C.V. Puebla No. 308, Int. 303, Roma Norte Neighborhood, Postal Code 06700, Cuauhtémoc, Mexico City.
TO:
MR. GERARDO OBREGÓN SALORIO Legal Representative
With writings presented on September 20 and 24 and November 27, 2019, Communitas Aurum, S.A.P.I. de C.V., requested authorization from the National Banking and Securities Commission (the Commission) to organize and operate as a collective financing institution to be named Communitas Aurum, S.A.P.I. de C.V., Collective Financing Institution, attaching the corresponding supporting information and documentation.
As a background, it should be noted that this Commission warned Communitas Aurum, S.A.P.I. de C.V. within the term established in the Law for the Regulation of Financial Technology Institutions, in order for it to address various observations and recommendations regarding its authorization request, granting it the extension requested from this authority.
Regarding the above, Communitas Aurum, S.A.P.I. de C.V. submitted various documents and information in order to respond to the aforementioned warning. Likewise, this authority required Communitas Aurum, S.A.P.I. de C.V. to provide various documents and complementary information in order to be in a position to address its authorization request, so that company addressed the request for complementary information and sent updated documentation and information regarding its file.
The company requested an extension of the term granted to it.
On this matter, the Interinstitutional Committee, in a session held on March 4, 2021, based on articles 11 and 35, in relation to articles 15 and 16 of the Law for the Regulation of Financial Technology Institutions, and
CONSIDERING
FIRST.- That the documentation and information presented in connection with the authorization request for the organization and operation of the Collective Financing Institution to be named Communitas Aurum, S.A.P.I. de C.V., Collective Financing Institution, complies with the requirements provided for in article 15, in relation to article 39 of the Law for the Regulation of Financial Technology Institutions and with articles 3, 4 and 6 of the General Provisions applicable to Financial Technology Institutions, as well as with the rest of the regulation that corresponds to it by its nature.
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, so the following was adopted:
AGREEMENT
" FIRST. - The members of the Interinstitutional Committee, based on articles 11 and 35, in relation to article 15 of the Law for the Regulation of Financial Technology Institutions, authorize the organization and operation of a Collective Financing Institution to be named Communitas Aurum, S.A.P.I. de C.V., Collective Financing Institution, under the terms of the proposal presented to the Committee. "
The foregoing agreement is adopted without prejudice to the other authorizations that, in connection with the act described, must be obtained from the National Banking and Securities Commission, in accordance with applicable provisions, as well as the exercise of the powers attributed to said Commission during the organization process of Communitas Aurum, S.A.P.I. de C.V., Collective Financing Institution, in which all conditions and requirements imposed by said Commission must be fulfilled.
The entity whose organization and operation is authorized will be subject to the following:
BASES
FIRST.-
The name of the company will be Communitas Aurum, S.A.P.I. de C.V., Collective Financing Institution.
SECOND.-
It will have its corporate domicile in Mexico City.
THIRD.-
Its duration will be indefinite.
FOURTH.-
The amount of its initial social capital will be $ 14 ' 130,876.03 (fourteen million one hundred thirty thousand eight hundred seventy-six pesos 03/100 M.N.) represented by 29,500 ordinary shares, Series " A " , Class I, without nominal value expression, which correspond to the fixed part of the social capital and 45,134 ordinary shares Series " B " , " C1 " , " C2 " , and " C3 " , Class II without nominal value expression, which correspond to the variable part of the social capital.
FIFTH.-
Its corporate purpose will correspond to the activities indicated in article 15 of the Law for the Regulation of Financial Technology Institutions and it will carry out the operations and provision of services established in articles 16, fraction I and 19, fractions I, II, III, IV, V, VI, VII, VIII, IX, X and XI of the aforementioned Law for the Regulation of Financial Technology Institutions.
SIXTH.-
The authorization referred to in this official letter is, by its very nature, intransmissible.
SEVENTH.-
The institution will be subject to the supervision of the National Banking and Securities Commission and the Bank of Mexico, in the exercise of their respective attributes, as well as, of the other competent financial authorities in the terms established by law.
EIGHTH.-
The services consisting of debt collective financing that the institution provides by virtue of this authorization, as well as the other operations it carries out, as well as its organization and operation in general, will be subject, in what is not expressly stated in this official letter, to the Law for the Regulation of 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 issued by the Bank of Mexico regarding its operations, and to the other current norms and provisions and those that are issued in the future by any competent authority, including those related to operations with resources of illicit origin and terrorism financing, which by their nature are applicable.
In relation to the foregoing, Communitas Aurum, S.A.P.I. de C.V., Collective Financing Institution, must observe the terms and comply with the obligations contained in Official Letter No. P032/2021 dated March 5, 2021.
This is issued based on articles 16, fractions I and XVII of the Law of the National Banking and Securities Commission and 12 and 41, fraction I of the Internal Regulations of the National Banking and Securities Commission.
Respectfully,
Mexico City, March 5, 2021. - Juan Pablo Graf Noriega .- Signature.
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