2023-01-16 | DOF 5677156Added
The National Banking and Securities Commission authorizes MONIFIC, S.A. de C.V. to organize and operate as a Collective Financing Institution with an initial authorized capital of $3,400,000.00 MXN and an indefinite duration. The entity is subject to supervision by the Commission and the Bank of Mexico and must comply with the Law for the Regulation of Financial Technology Institutions and applicable general provisions. The authorization is intransmissible and requires adherence to specific operational bases and obligations outlined in the official letter.
DOF: 16/01/2023
OFFICIAL LETTER granting authorization for the organization and operation of a Collective Financing Institution to be named MONIFIC, S.A. de C.V., Collective Financing 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 Banking and Securities Commission.- Presidency.- Official Letter No.: P160/ 2021.
Subject:
Authorization for the organization and operation of
a Collective Financing Institution to
be named MONIFIC, S.A. de C.V., Collective
Financing Institution.
MONIFIC, S.A. DE C.V.
Av. Santa Fe No. 481, Floor 23,
Cruz Manca Neighborhood, Postal Code 05348,
Cuajimalpa de Morelos, Mexico City.
TO:
C. TED SENADO SACAL
Legal Representative
With a written submission presented on September 25, 2019, MONIFIC, S.A. de C.V. (MONIFIC) requested authorization from the National Banking and Securities Commission (Commission) to organize and operate as a Collective Financing Institution to be named MONIFIC, S.A. de C.V., Collective Financing Institution, attaching the corresponding supporting information and documentation.
As background, it should be noted that this Commission issued a notice to MONIFIC within the timeframe 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 the requested extension to this authority.
In relation to the above, MONIFIC submitted various documents and information in order to respond to the aforementioned notice. Likewise, this authority required MONIFIC to provide various complementary documents and information to be in a position to address its authorization request, so that company complied with the request for complementary information and sent updated documentation and information regarding its file. The company requested an extension of the resolution deadline, which was granted.
Regarding this matter, the Interinstitutional Committee in the session held on June 14, 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 MONIFIC, S.A. de C.V., Collective Financing Institution, meets 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.
SECOND.- That from the analysis of the documentation and information received, it was concluded that from a legal, financial and operational point of view, it is appropriate to grant the requested authorization, so the following was adopted:
AGREEMENT
"SEVENTH.- 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, unanimously approve the authorization for the organization and operation of a Collective Financing Institution, to be named MONIFIC, S.A. de C.V., Collective Financing Institution, under the terms of the proposal presented to the Committee. "
The above agreement is adopted without prejudice to the other authorizations that must be obtained from the National Banking and Securities Commission in connection with the act described, in accordance with applicable provisions, as well as the exercise of the powers attributed to said Commission during the organization process of MONIFIC, S.A. de C.V., Collective Financing Institution, in which all conditions and requirements imposed by said Commission must be met.
The entity whose organization and operation is authorized will be subject to the following:
BASES
FIRST.-
The name of the company will be MONIFIC, S.A. de C.V., Collective Financing Institution.
SECOND.-
It will have its social domicile in Mexico City.
THIRD.-
Its duration will be indefinite.
FOURTH.-
The amount of its initial authorized social capital will be $3,400,000.00 (three million four hundred thousand pesos 00/100 M.N.)
FIFTH.-
Its corporate purpose will correspond to the activities indicated in article 15 of the Law for the Regulation of Financial Technology Institutions and will carry out the operations and provision of services established in articles 16, fraction III and 19, fractions I, II, III, IV, V, VI, VII, VIII, IX 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 powers, as well as, of the other competent financial authorities in the terms established by law.
EIGHTH.-
The services consisting of collective financing of co-ownership or royalties 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 regarding its operations issued by the Bank of Mexico 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 financing of terrorism, which by their nature are applicable.
In relation to the above, MONIFIC, S.A. de C.V., Collective Financing Institution must observe the terms and comply with the obligations contained in Official Letter No. P161/2021 dated June 17, 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, June 17, 2021. - President, Juan Pablo Graf Noriega.- Signature.
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