2022-12-20 | DOF 5674970Added
This document modifies the authorization granted to Der Neue Horizont Re, S.A. de C.V. to organize, operate, and function as an insurance institution. The modification updates the corporate regime to Variable Capital Stock Corporation in the company name and removes the reference to earthquake risks from its authorized corporate purpose. The resolution requires publication in the Official Gazette of the Federation and two widely circulated newspapers within 120 days of notification.
Official Gazette of the Federation: 20/12/2022
OFFICIAL LETTER modifying the authorization to organize, operate and function as an insurance institution, granted to Der Neue Horizont Re, S.A. de C.V.
On the margin a seal with the National Shield, reading: United Mexican States.- FINANCE.- Ministry of Finance and Public Credit.- National Insurance and Surety Commission.- Presidency.- Official Letter No. 06-C00- 41100-08536/2022.
DER NEUE HORIZONT RE, S.A. DE C.V.
(formerly Der Neue Horizont Re, S.A.)
Avenue Río Mixcoac 206, Department 72 A
Neighborhood Acacias
Benito Juárez Borough
03240, Mexico City
SUBJECT:
The authorization to organize, operate
and function as an insurance institution granted to
Der Neue Horizont Re, S.A. de C.V. is modified.
The Federal Government, through the National Insurance and Surety Commission, prior to Agreement of its Governing Board, based on articles 2, section 1, 17, 26 and 31, section VIII, of the Organic Law of the Federal Public Administration; 2, section D, section III, of the Internal Regulations of the Ministry of Finance and Public Credit; 11, 366, section VIII, 367, sections I and II, 369, section II, 370, last paragraph, 372, section XLI, and 373 of the Law of Insurance and Surety Institutions; as well as in articles 4, sections I and II, 6 and 9 of the Internal Regulations of the National Insurance and Surety Commission; issues the present Resolutions in attention to the following Background and Considerations:
BACKGROUND
FIRST.- Der Neue Horizont Re, S.A., was authorized by the Ministry of Finance and Public Credit
through Official Letter 100.-263 of December 13, 2013, published in the Official Gazette of the Federation of July 1,
2014, to organize, operate and function as an insurance institution, in order to exclusively practice
property reinsurance, in the damage operation in the lines of civil liability and professional
risks; fire, agricultural and animal, automobiles, earthquake and other catastrophic risks,
maritime and transport, which will comprise only the payment of indemnity for damages and
losses suffered by the movable property and livestock object of the transfer; as well as in the line of miscellaneous, which,
is limited to the payment of the indemnity due for damages and losses caused to machinery and equipment.
SECOND.- By writings received in this Commission on May 30 and September 6, 2018, Neue
Horizont Re, S.A., requested the approval of this Commission to modify, among others, the first and
second clauses of the social statutes of that institution, by virtue of the change of the legal regime from Stock Corporation
to Variable Capital Stock Corporation and the elimination of the reference to the line of "earthquake" in
its corporate purpose, in accordance with its extraordinary general shareholders assembly held on March 7, 2018.
THIRD.- Through Official Letter 06-C00-41100-00238/2020 of January 15, 2020, this Commission approved the
reform, among others, to the first and second clauses of the social statutes of that institution.
FOURTH.- By writing of May 13, 2021, the cited institution presented a certified copy of the
public deed number 27,645 of April 1, 2020, granted before the faith of Attorney María Luisa Corral Ríos,
Head of Public Notary number 1 with practice in the Benito Juárez Judicial District of the City
of Cuauhtémoc, State of Chihuahua, in which the protocolization of the act of extraordinary general
shareholders assembly of March 7, 2018 is recorded.
FIFTH.- The Governing Board of the National Insurance and Surety Commission in its Session 229 of September 15
of 2022, taking into consideration the favorable opinion issued by the Committee of
Authorizations agreed the following:
"SOLE.- THE authorization granted to Der Neue Horizont Re, S.A. is MODIFIED, in order to
reflect the reforms made in the social statutes of said institution to change in
the name its corporate regime to "Variable Capital Stock Corporation", remaining
such name as Der Neue Horizont Re, S.A. de C.V., as well as for the elimination of
the reference "Earthquake" from its corporate purpose.
"This based on articles, 11, 66, and 369, section II, of the Law of Insurance and
Surety Institutions; and in Provisions 2.3.1. to 2.3.3. and 2.3.7. of the Single Circular
of
Insurance and Surety".
Once the above is exposed, and
CONSIDERATIONS
FIRST.- That article 369, section II, of the Law of Insurance and Surety Institutions, provides
that it corresponds to the Governing Board of this Commission to modify the authorizations to organize,
operate and function as an insurance institution.
SECOND.- That in accordance with what is indicated in Background Eighth of the present, the Governing
Board of this Commission in its Session 229 of September 15, 2022, agreed to modify the authorization
granted to that insurance institution.
Based on the foregoing, the following are issued:
RESOLUTIONS
FIRST.- A preamble is added and Resolution First, Articles First, Second,
Third, Fifth, Sixth and Seventh of the authorization granted to Der Neue Horizont Re, S.A. (now Der Neue
Horizont Re, S.A. de C.V.), to organize, operate and function as an insurance institution, are modified, to remain
in the following terms:
«AUTHORIZATION GRANTED BY THE FEDERAL GOVERNMENT TO DER NEUE HORIZONT RE,
S.A. DE C.V., TO ORGANIZE, FUNCTION AND OPERE AS AN INSURANCE
INSTITUTION, IN THE FOLLOWING TERMS:
«In use of the faculty conferred by article 5 of the abrogated General Law of Institutions and
Mutualist Societies of Insurance to the Ministry of Finance and Public Credit, and that from
April 4, 2015 confers article 11 of the Law of Insurance and Surety Institutions to the
National Insurance and Surety Commission, Der Neue Horizont Re,
S.A. de C.V., is authorized to organize, operate and function as an insurance institution according to
the following articles:
«First.- The name shall be Der Neue Horizont Re, followed by the words "Variable Capital
Stock Corporation" or its abbreviations "S.A. de C.V.".
«Second.- The insurance institution is authorized to exclusively practice
property reinsurance, in the damage operation in the lines of civil liability and professional
risks; fire, agricultural and animal, automobiles, catastrophic risks, maritime and
transport, which will comprise only the payment of indemnity for damages and
losses suffered by the movable property and livestock object of the transfer; as well as in the line of
miscellaneous, which, for the purpose of this authorization, is limited to the payment of the
indemnity due for damages and losses caused to machinery and equipment.
«Third.- Der Neue Horizont Re, S.A. de C.V., must have the minimum paid
capital that is determined for the year in question, for each operation or line that it has
authorized, expressed in Investment Units and that must be covered in national currency, in
terms of article 49, first paragraph, of the Law of Insurance and Surety Institutions.
«...
«Fifth.- In what is not expressly indicated by this resolution, Der Neue Horizont Re, S.A.
de C.V., shall be subject to the Law of Insurance and Surety Institutions, to the provisions
that emanate from it, to the General Law of Commercial Companies, and the other legislation,
norms and regulation, that by its own nature, are applicable to it.
«Sixth.- The insurance institution will be subject to the inspection and surveillance of the Commission
National Insurance and Surety in accordance with article 382 of the Law of Insurance
and Surety Institutions.
«Seventh.- The authorization to which this resolution refers is, by its own nature
non-transferable.»
SECOND.- The authorization granted to Der Neue Horizont Re, S.A. de C.V., to organize, operate and
function as an insurance institution, after the modification indicated in the previous resolution, remains
entirely in the following terms:
«AUTHORIZATION GRANTED BY THE FEDERAL GOVERNMENT TO DER NEUE HORIZONT RE,
S.A. DE C.V., TO ORGANIZE, FUNCTION AND OPERE AS AN INSURANCE
INSTITUTION, IN THE FOLLOWING TERMS:
«In use of the faculty conferred by article 5 of the abrogated General Law of Institutions and
Mutualist Societies of Insurance to the Ministry of Finance and Public Credit, and that from
April 4, 2015 confers article 11 of the Law of Insurance and Surety Institutions to the
National Insurance and Surety Commission, Der Neue Horizont Re,
S.A. de C.V., is authorized to organize, operate and function as an insurance institution according to
the following articles:
«First.- The name shall be Der Neue Horizont Re, followed by the words "Variable Capital
Stock Corporation" or its abbreviations "S.A. de C.V."
«Second.- The insurance institution is authorized to exclusively practice
property reinsurance, in the damage operation in the lines of civil liability and professional
risks; fire, agricultural and animal, automobiles, catastrophic risks, maritime and
transport, which will comprise only the payment of indemnity for damages and
losses suffered by the movable property and livestock object of the transfer; as well as in the line of
miscellaneous, which, for the purpose of this authorization, is limited to the payment of the
indemnity due for damages and losses caused to machinery and equipment.
«Third.- Der Neue Horizont Re, S.A. de C.V., must have the minimum paid
capital that is determined for the year in question, for each operation or line that it has
authorized, expressed in Investment Units and that must be covered in national currency, in
terms of article 49, first paragraph, of the Law of Insurance and Surety Institutions.
«Fourth.- Its social domicile shall be Cuauhtémoc City, Chihuahua, United
Mexican
States.
«Fifth.- In what is not expressly indicated by this resolution, Der Neue Horizont Re, S.A.
de C.V., shall be subject to the Law of Insurance and Surety Institutions, to the provisions
that emanate from it, to the General Law of Commercial Companies, and the other legislation,
norms and regulation, that by its own nature, are applicable to it.
«Sixth.- The insurance institution will be subject to the inspection and surveillance of the Commission
National Insurance and Surety in accordance with article 382 of the Law of Insurance
and Surety Institutions.
«Seventh.- The authorization to which this resolution refers is, by its own nature
non-transferable.»
THIRD.- This official letter must be published in the Official Gazette of the Federation and in two newspapers of
wide circulation of the social domicile of the institution, within the one hundred twenty days following the date
of
its notification to Der Neue Horizont Re, S.A. de C.V., in terms of what is provided in article 11 of the Law
of Insurance and Surety Institutions, at the cost of the interested parties.
The present is issued based on the information provided by the proponent contained in the
writings sent and are limited exclusively to the modification of the authorization granted to Der Neue
Horizont Re, S.A. de C.V., in the terms described that in accordance with the applicable provisions
it corresponds to this Commission to resolve, and does not prejudge any act that said society carries out and that
implies the prior authorization or approval of other financial, administrative, fiscal authorities or of
any other nature, in terms of current regulations, nor does it validate the legality or validity of the
same in case said authorizations or approvals are not obtained.
The above based on articles 2, section I, 17, 26 and 31, section VIII, of the Organic Law of the
Federal Public Administration; 2, section D, section III, of the Internal Regulations of the Ministry of
Finance and Public Credit; 11, 366, section VIII, 367, sections I and II, 369, section II, 370, last paragraph,
372, section XLI, and 373 of the Law of Insurance and Surety Institutions, as well as in articles 4,
sections I and II, 6 and 9 of the Internal Regulations of the National Insurance and Surety Commission.
Faithfully
Mexico City, at 15 of September of 2022. - The President of the National Insurance and Surety
Commission, Ricardo Ernesto Ochoa Rodríguez.- Signature.
(R.- 530594)
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