Official Letter Modifying the Authorization Granted to Seguros Centauro, Salud Especializada, S.A. de C.V. to Operate as a Specialized Health Insurance Institution

DOF: 26/07/2019

OFFICIAL LETTER modifying the authorization granted to Seguros Centauro, Salud Especializada, S.A. de C.V., to operate as a specialized health insurance institution.

At the margin, a seal with the National Emblem, which reads: United Mexican States.- Ministry of Finance and Public Credit.- National Insurance and Sureties Commission.- Presidency.- Legal Vice Presidency.- General Legal, Advisory and Intermediaries Directorate.- Advisory Directorate.- Sub-directorate for Advisory Services.- File: C00.411.13.2.1-H0712"15".- Official Letter No. 06-C00-41100/09787.

SUBJECT:

The authorization granted to
Seguros Centauro, Salud Especializada,
S.A. de C.V. is modified.

SEGUROS CENTAURO, SALUD ESPECIALIZADA, S.A. DE C.V.

Bosques de Duraznos 69, Office 203
Col. Bosques de Las Lomas
Miguel Hidalgo
11700, Mexico City

Attn:
Arch. Federico Fábregas Nielsen
Legal Representative

The Federal Government through the National Insurance and Sureties Commission, and with the prior Agreement of its Board of Directors, based on articles 11, 369, section II, 370, last paragraph, and 372, section XLI, of the Law of Insurance and Surety Institutions, as well as articles 6 and 9 of the Internal Regulations of the National Insurance and Sureties Commission, issues the present resolutions in attention to the following Background and Considerations:

BACKGROUND

1.
Seguros Centauro, Salud Especializada, S.A. de C.V., was authorized by the Ministry of Finance and Public Credit to function and operate as an insurance institution, through Resolution 101.- 01964 of December 22, 2003, published in the Official Gazette of the Federation on February 19, 2004. This authorization was last modified by Official Letter 366-III-1057/14 of December 3, 2014, published in the aforementioned Gazette on April 7, 2015.

2.
With writings dated July 30, August 12 and October 6, 2015, January 26 and November 14, 2016, and February 21 and November 17, 2017, Arch. Federico Fábregas Nielsen, on behalf and in representation of Seguros Centauro, Salud Especializada, S.A. de C.V., requested the approval of this Decentralized Body of the Ministry of Finance and Public Credit to carry out the total reform of the bylaws of that institution, which was agreed upon in its Extraordinary General Shareholders' Meeting held on July 15, 2015.

3.
Through Official Letter 06-C00-41100/02131 of January 18, 2018, this Commission approved the total reform of the bylaws of Seguros Centauro, Salud Especializada, S.A. de C.V., in the terms agreed upon in the protocolization of the minutes of the Extraordinary General Shareholders' Meeting of July 15, 2015, contained in public instrument number 68,972 of February 16, 2017, granted before the notary of Lic. José María Morera González, Holder of Public Notary Office number 102 of this Mexico City, registered in the Public Registry of Property and Commerce, under commercial folio 135458*, on October 25, 2017.

4.
As a result of what is stated in Backgrounds 2 and 3, the National Insurance and Sureties Commission presented before the Authorizations Committee of said Commission, the proposal to modify the bases of the authorization of Seguros Centauro, Salud Especializada, S.A. de C.V., in order to update the denomination of the headquarters of the social domicile of that institution, substituting the words "Federal District" for "Mexico City", in accordance with the "Decree by which various provisions of the Political Constitution of the United Mexican States are declared reformed and repealed, in matters of the political reform of Mexico City", published in the Official Gazette of the Federation on January 29, 2016, as well as the modification regarding the amount of social capital it has, in order to state that its capital must be expressed in Investment Units and be paid in national currency, as ordered by article 49, first paragraph, of the Law of Insurance and Surety Institutions.

5.
The aforementioned modification was submitted to the consideration of the Board of Directors of the National Insurance and Sureties Commission in its session 199 of February 20, 2018, which, taking into consideration the favorable opinion issued by the Authorizations Committee of the same Commission, agreed as follows:

« UNIQUE.- The bases of the authorization granted to Seguros Centauro, Salud Especializada, S.A. de C.V., are MODIFIED, in order to reflect the modifications made in the bylaws of said institution, which are described below:

«a) The elimination of the words "Federal District" from its social denomination, in accordance with the "Decree by which various provisions of the Political Constitution of the United Mexican States are declared reformed and repealed, in matters of the political reform of Mexico City", published in the Official Gazette of the Federation on January 29, 2016.

«b) Eliminate the reference to the amount of capital of said insurance institution, substituting it with a wording that establishes that the institution must have the minimum paid capital that is determined for the year in question, for each operation or branch that it has authorized, which must be expressed in Investment Units and paid in national currency, in terms of article 49, first paragraph, of the Law of Insurance and Surety Institutions. "

CONSIDERATIONS

FIRST.- That article 369, section II, of the Law of Insurance and Surety Institutions, provides that it is the competence of the Board of Directors of this Commission, among others, to modify the authorizations to organize, operate and function as an insurance institution.

SECOND.- That as a result of the resolution issued in the aforementioned Official Letter 06-C00-41100/02131 of January 18, 2018, the terms of the authorization granted to that insurance institution must be modified.

In view of the above, the following are issued:

RESOLUTIONS

FIRST.- The Proem, Articles First and Third, Bases II and III, of the authorization granted to Seguros Centauro, Salud Especializada, S.A. de C.V., to operate as a specialized health insurance institution, are modified, so that the indicated parts remain in the following terms:

« AUTHORIZATION GRANTED BY THE FEDERAL GOVERNMENT TO SEGUROS CENTAURO, SALUD ESPECIALIZADA, S.A. DE C.V., TO ORGANIZE AND FUNCTION AS A SPECIALIZED HEALTH INSURANCE INSTITUTION, IN THE FOLLOWING TERMS:

« ARTICLE FIRST.- In exercise of the power conferred by article 5 of the repealed General Law of Insurance and Mutual Insurance Societies to the Ministry of Finance and Public Credit, and which from April 4, 2015, is conferred by article 11 of the Law of Insurance and Surety Institutions to the National Insurance and Sureties Commission, authorization is granted to Seguros Centauro, Salud Especializada, S.A. de C.V., to operate as a specialized health insurance institution.

« ...

« ARTICLE THIRD.- The insurance institution shall be subject to the provisions of the Law of Insurance and Surety Institutions, as well as those derived from it, the General Law of Commercial Societies, the Law on the Insurance Contract, in the criteria and general provisions issued by the Ministry of Health and to the other laws applicable to it, and in particular, to the following bases:

« ...

« II.- The social capital shall be variable according to the following:

« a) The insurance institution must have the minimum paid capital that is determined for the year in question, for each operation or branch, that it has authorized, expressed in Investment Units and which must be paid in national currency, as ordered by article 49, first paragraph, of the Law of Insurance and Surety Institutions.

« b) The variable capital with right to withdrawal in no case may be greater than the paid capital without right to withdrawal.

« III. The social domicile of the insurance institution shall be Mexico City.

« ... ».

SECOND.- The authorization granted to Seguros Centauro, Salud Especializada, S.A. de C.V., to organize and operate as a specialized health insurance institution, after the modification indicated in the previous Resolutive, remains in its entirety in the following terms:

" AUTHORIZATION GRANTED BY THE FEDERAL GOVERNMENT TO SEGUROS CENTAURO, SALUD ESPECIALIZADA, S.A. DE C.V., TO ORGANIZE AND FUNCTION AS A SPECIALIZED HEALTH INSURANCE INSTITUTION, IN THE TERMS FOLLOWING:

" ARTICLE FIRST.- In exercise of the power conferred by article 5 of the repealed General Law of Insurance and Mutual Insurance Societies to the Ministry of Finance and Public Credit, and which from April 4, 2015, is conferred by article 11 of the Law of Insurance and Surety Institutions to the National Insurance and Sureties Commission, authorization is granted to Seguros Centauro, Salud Especializada, S.A. de C.V., to operate as a specialized health insurance institution.

" ARTICLE SECOND.- The insurance institution is authorized exclusively to practice the operation of accident and illness insurance, in the branches of health and medical expenses.

" ARTICLE THIRD.- The insurance institution shall be subject to the provisions of the Law of Insurance and Surety Institutions, as well as those derived from it, to the General Law of Commercial Societies, to the Law on the Insurance Contract, in the criteria and general provisions issued by the Ministry of Health and to the other laws applicable to it, and in particular, to the following bases:

" I.- The denomination shall be "Seguros Centauro, Salud Especializada, S.A. de C.V.".

" II.- The social capital shall be variable according to the following:

" a) The insurance institution must have the minimum paid capital that is determined for the year in question, for each operation or branch, that it has authorized, expressed in Investment Units and which must be paid in national currency, as ordered by article 49, first paragraph, of the Law of Insurance and Surety Institutions.

" b) The variable capital with right to withdrawal in no case may be greater than the paid capital without right to withdrawal.

" III. The social domicile of the insurance institution shall be Mexico City.

" ARTICLE FOURTH.- By its very nature this authorization is non-transferable. "

THIRD.- The present resolutions must be published in the Official Gazette of the Federation and in two widely circulated newspapers from the social domicile of the institution, within one hundred and twenty days following the date of their notification to Seguros Centauro, Salud Especializada, S.A. de C.V., in terms of what is provided in article 11, last paragraph, of the Law of Insurance and Surety Institutions, at the cost of the interested parties.

The present resolutions are issued based on the information provided by the petitioner contained in the writings sent and are limited exclusively to the modification of the authorization granted to Seguros Centauro, Salud Especializada, S.A. de C.V., in the terms described which in accordance with the applicable provisions fall within the competence of this Commission to resolve, and do not prejudge any act that said society carries out and which implies prior authorization or approval of other financial, administrative, tax or any other nature authorities, in terms of current regulations, nor do they validate the legality or validity of the same in case said authorizations or approvals are not obtained.

This is made known to you, based on articles 11, 369, section II, 370, last paragraph, and 372, section XLI, of the Law of Insurance and Surety Institutions, as well as articles 6 and 9 of the Internal Regulations of the National Insurance and Sureties Commission.

Respectfully,

Effective Suffrage. No Re-election.

Mexico City, February 21, 2018. - The President of the National Insurance and Sureties Commission, Norma Alicia Rosas Rodríguez.- Rubric.

(R.- 484109)

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