2021-10-29 | DOF 5634069Added · Updated
The National Banking and Securities Commission authorizes PorCuanto, S.A. de C.V. to organize and operate as a Collective Financing Institution with an initial social capital of 8,000,000.00 Mexican pesos. The authorization is intransmissible and subject to supervision by the Commission and the Bank of Mexico. The institution must commence operations within six months of notification, or the authorization will be revoked, and must verify compliance with Article 40 of the Law for the Regulation of Financial Technology Institutions at least thirty business days prior to starting operations.
DOF: 29/10/2021
OFFICIAL LETTER through which authorization is granted for the organization and operation of a collective financing institution to be named PorCuanto, 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.: P417/ 2021.
Subject:
Authorization for the organization and operation of a collective financing institution to be named PORCUANTO, S.A. DE C.V., Collective Financing Institution.
PORCUANTO, S.A. DE C.V.
Santa Anita No. 355
Col. Lomas Hipódromo, C.P. 53900
Naucalpan, State of Mexico.
TO: MR. PAULINA ISABEL ZAPFE JIMÉNEZ MR. LUIS ARMANDO ÁLVAREZ ZAPFE
Legal Representatives
With writings presented on September 4 and 8, 2020, PORCUANTO, S.A. DE C.V. (PorCuanto or the company) requested authorization from the National Banking and Securities Commission (Commission) to organize and operate as a collective financing institution to be named PORCUANTO, S.A. DE C.V., Collective Financing Institution, accompanying the application with the corresponding supporting information and documentation.
As background, it should be noted that this Commission issued a warning to PorCuanto 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 the extension requested from this authority.
In relation to the above, PorCuanto submitted various documents and information in order to respond to the aforementioned warning. Likewise, this authority required PorCuanto to submit various complementary documents and information in order 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 term and a prorogation for the processing, which were granted.
Regarding this matter, the Interinstitutional Committee in the session held on October 18, 2021, based on articles 11 and 35, in relation to article 15 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 PORCUANTO, 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 the legal, financial and operational point of view, the requested authorization is appropriate, so the following was adopted:
AGREEMENT
" FOURTH.- 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 PORCUANTO, S.A. DE C.V., Collective Financing Institution, under the terms of the proposal presented to the Committee. " .
The previous 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 terms of the applicable provisions, as well as the exercise of the powers attributed to said Commission during the organization process of
PORCUANTO, S.A. DE C.V., Collective Financing Institution, in which all applicable conditions and requirements for the start of operations 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 PORCUANTO, S.A. 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 $8 ' 000,000.00 (eight million pesos 00/100
M.N.).
FIFTH.-
Its corporate purpose will correspond to the performance of all activities in national currency contemplated in articles 15, 16, fraction II and 19, fractions I, II, III, IV, V, VI, VII, VIII, IX
and XI of the 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,
the other competent financial authorities in the terms established by law.
EIGHTH.-
The services consisting of collective capital financing that the institution provides
by virtue of this authorization, as well as the other operations it carries out, at
the same time as its organization and operation in general, will be subject, in what is not explicitly stated
expressly 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
terrorism financing, which by their nature are applicable.
In accordance with what is established in article 69, fraction VI of the Law for the Regulation of Financial
Technology
Institutions, this authorization may be revoked if PORCUANTO, S.A. DE C.V., Collective
Financing
Institution does not commence operations within a period of six months counted from the
notification
of
this authorization.
For the purposes of the above, PORCUANTO, S.A. DE C.V., Collective Financing Institution
must verify to this Commission at least thirty business days in advance of the start of its
operations the compliance with the requirements established in article 40 of the Law for the Regulation of
Financial Technology Institutions.
Finally, in a separate official letter, this Commission will make known to that company the various documentation and information that PORCUANTO, S.A. DE C.V., Collective Financing Institution
must verify to this authority in accordance with what is established in article 40 of the Law for the Regulation
of Financial Technology Institutions.
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, October 21, 2021. - President, Juan Pablo Graf Noriega. - Rubric.
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