2022-05-11 | DOF 5651693Added
The document authorizes the organization and operation of the crowdfunding institution named Comunidad de Préstamos, S.A.P.I. de C.V., Institución de Financiamiento Colectivo, subject to an initial share capital of $4 ' 849,510.00 MXN and a corporate domicile in Guadalajara, Jalisco. The Interinstitutional Committee approved this authorization based on compliance with the Law to Regulate Financial Technology Institutions, stipulating indefinite duration and supervision by the National Banking and Securities Commission and the Bank of Mexico. The entity must adhere to specific conditions regarding debt crowdfunding services and applicable future regulations concerning illicit resources and terrorism financing.
Official Gazette of the Federation: 11/05/2022
OFFICIAL LETTER through which authorization is granted for the organization and operation of a crowdfunding institution to be named Comunidad de Préstamos, S
In the margin a seal with the National Shield, stating: United Mexican States.- FINANCE.- Secretariat of Finance and Public Credit.- National Banking and Securities Commission.- Presidency.- Official Letter No.: P127/ 2021.
Subject:
Authorization for the organization and operation of
a crowdfunding institution to
be named Comunidad de Préstamos, S.A.P.I. de
C.V., Crowdfunding Institution.
COMUNIDAD DE PRÉSTAMOS, S.A.P.I. DE C.V.,
Insurgentes Sur No. 682, floor 9,
Del Valle Neighborhood, Postal Code 03100,
Benito Juárez, Mexico City.
ATTENTION:
C. LUIS RUBÉN CHÁVEZ TOSTADO
Legal Representative
With written submission presented on September 20, 2019, Comunidad de Préstamos, S.A.P.I. de C.V.
(Yo Te Presto or the company) requested from the National Banking and Securities Commission (Commission) authorization to
organize and operate as a Crowdfunding Institution to be named Comunidad de
Préstamos, S.A.P.I. de C.V., Crowdfunding Institution, attaching for this purpose the supporting information and
corresponding documentation.
As a background, it should be noted that this Commission prevented Yo Te Presto within the established period
in the Law to Regulate Financial Technology Institutions, in order that it address various
observations and recommendations in relation to its authorization request, granting for this effect the
extension requested to this authority.
In relation to the above, Yo Te Presto submitted various documentation and information in order to give
response to the prevention referred to above. Likewise, this authority required from Yo Te Presto various
complementary documentation and information in order to be in conditions to attend its request for
authorization, for which, that company attended the request for complementary information and sent
updated documentation and information in relation to its file. The company requested an extension
to the resolution period and an extension for the processing which were granted.
On the matter, the Interinstitutional Committee in session held on May 24, 2021, with
basis in articles 11 and 35, in relation to article 15 of the Law to Regulate Financial Technology Institutions and,
CONSIDERING
FIRST.- That the documentation and information presented by reason of the authorization request
for the organization and operation of the crowdfunding institution to be named Comunidad de
Préstamos, S.A.P.I. de C.V., Crowdfunding Institution, complies with the requirements provided
in the
article 15, in relation to article 39 of the Law to Regulate 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 point
of view legal, financial and operational it is appropriate to grant the requested authorization, for which it was adopted
the following:
AGREEMENT
" FIRST. - The members of the Interinstitutional Committee, with basis in articles 11 and 35, in
relation to article 15 of the Law to Regulate Financial Technology Institutions, approve by
unanimity the authorization for the organization and operation of a Crowdfunding Institution to
be named Comunidad de Préstamos, S.A.P.I. de C.V., Crowdfunding Institution, in the
terms of the proposal presented to the Committee. " .
The previous agreement is adopted without prejudice to the other authorizations that by reason of the act described
must be obtained from the National Banking and Securities Commission, in terms of the applicable provisions,
as well as the exercise of the powers attributed to the own Commission during the organization process of
Comunidad de Préstamos, S.A.P.I. de C.V., Crowdfunding Institution, in which all
conditions and requirements that the own Commission imposes on it shall be
met.
The entity whose organization and operation is authorized, will be subject to the following:
CONDITIONS
FIRST.-
The name of the company shall be Comunidad de Préstamos, S.A.P.I. de C.V., Institution
of Crowdfunding.
SECOND.-
It shall have its corporate domicile in Guadalajara, Jalisco.
THIRD.-
Its duration shall be indefinite.
FOURTH.-
The amount of its initial share capital shall be $4 ' 849,510.00 (four million eight hundred
forty-nine thousand five hundred ten pesos 00/100 M.N.)
FIFTH.-
Its corporate purpose shall correspond to the realization of all activities in national currency
contemplated in articles 15, 16 section I and 19, sections I, II, III, IV, VI, VII, VIII, IX, X
and XI, of the Law to Regulate Financial Technology Institutions.
SIXTH.-
The authorization referred to in this official letter is, by its own nature,
non-transferable.
SEVENTH.-
The institution shall be subject to the supervision of the National Banking and Securities Commission and
of the Bank of Mexico, in the exercise of their respective attributes, as well as, of the
other competent financial authorities in the terms that the laws provide.
EIGHTH.-
The services consisting of debt crowdfunding that the institution provides
by virtue of this authorization, as well as the other operations it carries out, at
the same as its organization and operation in general, shall be subject, in what is not signaled
expressly in this official letter, to the Law to Regulate 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
norms and provisions in force and those that are issued in the future by any authority
competent, including those relating to operations with resources of illicit origin and
terrorism financing, which by their nature result applicable.
In relation to the above exposed, Yo Te Presto must observe the terms and attend the obligations
contained in official letter P12 8 /2021 dated May 27, 2021.
The present, is issued with basis in articles 16, sections I and XVII of the Law of the Commission
National Banking and Securities and 12 and 41, section I of the Internal Regulations of the National Banking Commission
and Securities.
Sincerely
Mexico City, as of May 27, 2021 .- President , Juan Pablo Graf Noriega .- Signature.
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