2023-12-26 | DOF 5712431Added
Authorization is granted to Caja Solidaria Talpense, S.C. de A.P. de R.L. de C.V. to continue conducting savings and loan operations under a Level II operations framework pursuant to the Law to Regulate the Activities of Savings and Loan Cooperative Societies. This authorization, approved by the Governing Board on 8 December 2023, requires the entity to maintain its domicile in the State of Jalisco and subjects it to supervision by the Commission and the Auxiliary Supervision Committee. The entity must comply with all applicable laws regarding cooperative societies, including those related to preventing operations with illicit resources and terrorism financing.
Official Gazette of the Federation (DOF): 26/12/2023
OFFICIAL LETTER whereby authorization is granted to Caja Solidaria Talpense, S
In the margin a seal with the National Shield, reading: United Mexican States.- TREASURY.- Secretariat of Treasury and Public Credit.- National Banking and Securities Commission.- Presidency.- Official Letter No. P397/2023.
Subject:
Resolution notified.
AUXILIARY SUPERVISION COMMITTEE OF THE AUXILIARY SUPERVISION FUND OF SAVINGS AND LOAN COOPERATIVE SOCIETIES AND PROTECTION TO THEIR SAVERS.
BOULEVARD ADOLFO LOPEZ MATEOS NO. 2607, INTERIOR 3,
NEIGHBORHOOD BARRIO DE GUADALUPE, POSTAL CODE 37280, LEON GUANAJUATO.
CAJA SOLIDARIA TALPENSE, S.C. DE A.P. DE R.L. DE C.V.
5 DE MAYO, NO. 19-A, NEIGHBORHOOD CENTRO, POSTAL CODE 48200,
TALPA DE ALLENDE, JALISCO.
ATTENTION: L.A.E. JORGE SANCHEZ RAMIREZ
PRESIDENT OF THE COMMITTEE OF
AUXILIARY SUPERVISION.
C. JONATHAN URIEL ZUNIGA
RAMIREZ
GENERAL MANAGER.
In terms of articles 1 and 2 of the Law of the National Banking and Securities Commission, this National Banking and Securities Commission (hereinafter " Commission ") is a decentralized body of the Secretariat of Treasury 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 healthy 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, it corresponds to the Commission to authorize the constitution and operation of those entities indicated by the laws, as well as exercise the other powers attributed to it by the Law of the National Banking and Securities Commission.
In that order of ideas, article 16 of the Law to Regulate the Activities of Savings and Loan Cooperative Societies (hereinafter " LRASCAP ") provides that Savings and Loan Cooperative Societies with a basic level of operations that subsequent to their constitution or registration have exceeded the asset limit equivalent in national currency to 2,500,000 Investment Units (hereinafter "UDIS") and that within the 150 days following the verification of said situation have presented to the Auxiliary Supervision Committee of the Auxiliary Supervision Fund of Savings and Loan Cooperative Societies and Protection to their Savers (hereinafter " Auxiliary Supervision Committee ") the request for authorization to operate with a level of operations different from the basic, may continue carrying out the operations referred to in article 14 of the LRASCAP until the Commission resolves said request, provided that this has been accompanied by the favorable opinion issued by the Auxiliary Supervision Committee in terms of the LRASCAP.
Considering the above, with a document presented on May 28, 2018, Caja Solidaria Talpense, S.C. de A.P. de R.L. de C.V. (hereinafter " Caja Solidaria Talpense ") presented before the Auxiliary Supervision Committee the request for authorization so that said society continues carrying out savings and loan operations with a level of operations different from the basic, in accordance with the provisions of articles 10 and 16, in relation to diverse 11, all of the LRASCAP.
Likewise, in accordance with the provisions of article 10 of the LRASCAP, Savings and Loan Cooperative Societies that have registered a total amount of assets equal to or greater than the equivalent in national currency to 2,500,000 UDIS will require authorization to carry out or continue carrying out savings and loan operations which corresponds to the Commission to grant, prior favorable opinion issued by the Auxiliary Supervision Committee, accompanied by the information and documentation referred to in article 11 of the LRASCAP.
By means of a document presented on March 8, 2021, the Auxiliary Supervision Committee, through its President L.A.E. Jorge Sanchez Ramirez, remitted to this Commission the authorization request of Caja Solidaria Talpense, to continue carrying out savings and loan operations with a level of operations different from the basic, in accordance with the provisions of articles 10 and 16, in relation to diverse 11, all of the LRASCAP.
With official letters 311-10034478/2021 and 135/10029024/2021; 311-12536751/2022, 311-95153/2023 and 311- 96205/2023, dated June 30, 2021, June 8, 2022, February 27 and August 16, 2023, respectively, in order to be in a position to continue with the study and processing of the authorization request so that Caja Solidaria Talpense continues carrying out savings and loan operations with a level different from the basic, this Commission required the Auxiliary Supervision Committee the resolution of various observations and the presentation of the documentation and information listed in said official letters.
In relation to the above, the Auxiliary Supervision Committee remitted on August 24 and September 2, 2021, July 20, 2022 as well as March 27 and September 14, 2023, documentation and information in order to respond to the official letters referred to above.
Having stated the above, you are informed that the Governing Board of this Commission, in the extraordinary session held on December 8, 2023, based on article 12 section V of the Law of the National Banking and Securities Commission and,
CONSIDERING
FIRST. - That on March 8, 2021, the Auxiliary Supervision Committee issued the favorable opinion referred to in articles 10 and 16 of the LRASCAP.
SECOND. - That the documentation and information presented on the occasion of the authorization request for Caja Solidaria Talpense to continue carrying out savings and loan operations, complies with the requirements provided in articles 10 and 11 of the LRASCAP and 2 of the General provisions applicable to the activities of savings and loan cooperative societies; and
THIRD. - That from the analysis of the documentation and information received it was concluded that from the legal, financial, administrative and operational point of view it is appropriate to grant the requested authorization, so that in accordance with the certification of the Secretary of the Governing Board of the Commission, which is transcribed in the relevant part, the following was adopted:
AGREEMENT
" FOURTH. - The members of the Governing Board of the National Banking and Securities Commission, based on article 12, section XIV of the Law of the National Banking and Securities Commission, agreed by unanimity to authorize that Caja Solidaria Talpense, S.C. de A.P. de R.L. de C.V., continues carrying out savings and loan operations with a level of operations II, under its same name, in terms of the Law to Regulate the Activities of Savings and Loan Cooperative Societies. "
The entity to which this authorization is granted to continue carrying out savings and loan operations, will be subject to the following:
BASES
FIRST. -
The name of the society is Caja Solidaria Talpense, Savings and Loan Cooperative Society of Limited Liability of Variable Capital or its initials S.C. de A.P. de R.L. de C.V.
SECOND. -
Its social domicile will be located in the State of Jalisco.
THIRD. -
Its corporate purpose will comprise the realization of all operations indicated in article 19, sections I and II of the Law to Regulate the Activities of Savings and Loan Cooperative Societies.
FOURTH. -
Its duration will be indefinite.
FIFTH. -
Caja Solidaria Talpense, S.C. de A.P. de R.L. de C.V. will have a level of operations II.
SIXTH. -
The authorization referred to in this official letter is, by its own nature, non-transferable.
SEVENTH. -
Caja Solidaria Talpense, S.C. de A.P. de R.L. de C.V. will be subject to the supervision of the National Banking and Securities Commission, as well as to the auxiliary supervision of the Auxiliary Supervision Committee of the Auxiliary Supervision Fund of Savings and Loan Cooperative Societies and Protection to their Savers.
EIGHTH. -
The savings and loan operations that Caja Solidaria Talpense, S.C. de A.P. de R.L. de C.V. enters into by virtue of this authorization, as well as the other operations it carries out, as well as its organization and functioning in general, will be subject, in what is not expressly indicated in this official letter, to the Political Constitution of the United Mexican States, to the General Law of Cooperative Societies, to the Law to Regulate the Activities of Savings and Loan Cooperative Societies, to the rules and general provisions applicable to savings and loan cooperative societies issued by the National Banking and Securities Commission and to the other norms and provisions in force and those that will be issued in the future by any competent authority, including those related to the prevention of operations with resources of illicit origin and terrorism financing, that by their nature are applicable to it.
The above is communicated based on articles 120, section IV, 129 and 132 section IV of the LRASCAP, 1, 2, 3, section IV, subsection b), 4, sections I and XXXVIII, 10, 16, sections I and VI of the Law of the National Banking and Securities Commission; as well as, 1, 3, 9, 14 and 15 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 11, 2023 .- President, Dr. Jesus de la Fuente Rodriguez .- Signature.
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