2022-12-21 | DOF 5675151

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Official Letter Granting Authorization for the Organization and Operation of a Crowdfunding Institution to be Named Fintigo, S.A.P.I. de C.V., Crowdfunding Institution

Authorization is granted for the organization and operation of Fintigo, S.A.P.I. de C.V. as a Crowdfunding Institution following a unanimous agreement by the Interinstitutional Committee. The authorization is subject to conditions established by the National Banking and Securities Commission, including an initial capital of $17,810,010.00 MXN, indefinite duration, and domicile in Mexico City. The entity must demonstrate compliance with Article 40 of the Law to Regulate Financial Technology Institutions at least 30 business days prior to commencing operations.

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Official Gazette of the Federation: 21/12/2022

OFFICIAL LETTER whereby authorization is granted for the organization and operation of a Crowdfunding Institution to be named Fintigo, S

In the margin a seal with the National Shield, which says: United Mexican States.- FINANCE.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.- Vice Presidency of Normativity.- General Directorate of Specialized Authorizations.- Technical Vice Presidency.- Official Letter No. 311-21134685/ 2022.

Subject:

Authorization for the organization and operation of a

Crowdfunding Institution to

be named Fintigo, S.A.P.I. de C.V., Crowdfunding

Institution.

Fintigo, S.A.P.I. de C.V.

Pedro Luis Ogazón No. 17,

San Ángel Neighborhood, Zip Code 01000,

Álvaro Obregón, Mexico City.

ATTENTION:

Mr. Israel Sánchez Osornio

Legal Representative

In terms of articles 1 and 2 of the Law of the National Banking and Securities Commission, this National Banking and Securities Commission (Commission) is a decentralized body of the Ministry of Finance and Public Credit, which aims to supervise and regulate within its competence the entities comprising the Mexican financial system, in order to ensure their stability and correct functioning, as well as maintain and promote the sound and balanced development of said system as a whole, in protection of the public interest. According to article 4, sections XI and XXXVIII of said law, the Commission is responsible for authorizing the constitution and operation of those entities indicated by the laws, as well as exercising the other powers attributed to it by the Law of the National Banking and Securities Commission.

In that order of ideas, article 35 of the Law to Regulate Financial Technology Institutions establishes that persons who intend to carry out the activities attributed to crowdfunding institutions or electronic payment funds, must request their authorization as a financial technology institution before the Commission, which will grant it when in its judgment the legal and regulatory requirements are adequately met, prior agreement of the Interinstitutional Committee referred to in said article 35.

Considering the above, with a document presented on November 11, 2021, Fintigo, S.A.P.I. de C.V. (Fintigo or the society) requested from the Commission authorization to organize and operate a Crowdfunding Institution to be named Fintigo, S.A.P.I. de C.V., Crowdfunding Institution, attaching thereto the corresponding supporting information and documentation indicated in article 39 of the Law to Regulate Financial Technology Institutions.

In terms of article 5, second paragraph of the Law to Regulate Financial Technology Institutions, this Commission warned Fintigo within the period established in said law to attend to various observations in relation to its authorization request, in addition to granting an extension to the initial period to attend to them.

In relation to the above, Fintigo sent documentation and information in order to respond to the aforementioned warning. Additionally, this authority required diverse complementary documentation and information from Fintigo for the purpose of having sufficient elements of judgment to resolve on the authorization request presented by Fintigo; society that attended to the request for complementary information and sent updated documentation and information in relation to its file.

The society requested an extension to the resolution period and a postponement for the response, which were granted to it.

Having stated the above, you are informed that the Interinstitutional Committee in a session held on December 13, 2022, based on 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 on the occasion of the authorization request for the organization and operation of the crowdfunding institution to be named Fintigo, S.A.P.I. de C.V., Crowdfunding Institution, complies with the requirements provided in article 15, in relation to article 39 of the Law to Regulate Financial Technology Institutions and with articles 3, 4, 6 and 7 of the General Provisions applicable to Financial Technology Institutions, and,

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, therefore, in accordance with the certification of the Secretary of the Interinstitutional Committee, which is transcribed in the relevant part, the following was adopted:

AGREEMENT

" FIRST.- The members of the Interinstitutional Committee, in accordance with articles 11 and 35, in relation to article 15 of the Law to Regulate Financial Technology Institutions, agreed unanimously to grant the authorization for the organization and operation of a crowdfunding institution to be named Fintigo, S.A.P.I. de C.V., Crowdfunding Institution " .

The previous agreement is adopted without prejudice to the other authorizations that on account of the described act, must be obtained from the Commission or any other financial authority, in terms of the applicable provisions, as well as the exercise of the powers attributed to the Commission itself during the organization process of Fintigo, S.A.P.I. de C.V., Crowdfunding Institution, in which the applicable requirements for the start of operations must be complied with.

Therefore, this National Banking and Securities Commission, prior agreement of the Interinstitutional Committee, authorizes the organization and operation of a crowdfunding institution to be named Fintigo, S.A.P.I. de C.V., Crowdfunding Institution.

The entity whose organization and operation is authorized, will be subject to the following:

CONDITIONS

FIRST.

The name of the society shall be Fintigo, S.A.P.I. de C.V., Crowdfunding Institution.

SECOND.

It shall have its social domicile in Mexico City.

THIRD.

Its duration shall be indefinite.

FOURTH.

The amount of its initial capital shall be $17,810,010.00 (seventeen million eight hundred ten thousand ten pesos 00/100 National Currency).

FIFTH.

Its corporate purpose shall correspond to the realization of the activities in national currency contemplated in articles 15 and 16, sections I and III of the Law to Regulate Financial Technology Institutions. Additionally, it may carry out the activities provided for in article 19 of the aforementioned legal order, in accordance with its corporate purpose.

SIXTH.

The authorization referred to in this official letter is, by its own nature, non-transferable.

SEVENTH.

Fintigo, S.A.P.I. de C.V., Crowdfunding 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 and provisions emanating therefrom.

EIGHTH.

The services consisting of debt crowdfunding and co-ownership crowdfunding that Fintigo, S.A.P.I. de C.V., Crowdfunding 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, shall be subject 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 that the Bank of Mexico issues regarding its operations and to the other norms and provisions in force and those that will be issued in the future by any competent authority, including those relating to operations with resources of illicit origin and financing of terrorism, which by their nature are applicable.

Fintigo, S.A.P.I. de C.V., Crowdfunding Institution, must accredit to this Commission, with at least thirty business days of anticipation to the start of its operations, compliance with the requirements established in article 40 of the Law to Regulate Financial Technology Institutions.

The present is issued based on the aforementioned legal provisions, as well as in exercise of the powers conferred in articles 1, 2, 4, sections XI and XXXVIII, 10, sections III and V of the Law of the National Banking and Securities Commission, as well as articles 1, 3, sections IV and V, 4, sections I, subsections A and B and II, subsection A, numeral 5) and subsection B, numeral 32), 14, 17 and 45, section I and 64, third paragraph of the Internal Regulations of the National Banking and Securities Commission, published in the Official Gazette of the Federation on February 28, 2022.

Sincerely

Mexico City, December 14, 2022. - General Director of Specialized Authorizations, Mr. José Antonio Vizcaíno Ruiz.- Signature.- Technical Vice President, Mr. Ramiro Edgar Álvarez Hernández.- Signature.

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