2018-11-20 | DOF 5544214Added
The National Banking and Securities Commission revokes the authorization of La Perseverancia del Valle de Tehuacán, S.A. de C.V., S.F.P. to operate as a Popular Financial Society, rendering the entity unable to conduct operations and mandating its dissolution and liquidation. The Savings Protection Committee must designate a liquidator within 60 business days of publication, and the resolution must be recorded in the Public Commerce Registry and published in the Official Gazette and two widely circulated newspapers.
DOF: 20/11/2018
OFFICIAL LETTER revoking the authorization granted to La Perseverancia del Valle de Tehuacán, S.A. de C.V., S.F.P., to operate as a popular financial society.
A seal with the National Coat of Arms is placed at the margin, which reads: United Mexican States.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.- Official Letter No.: P303/2018.- File No.: CNBV.2C.9.1Revocation,212, "06/Sep/2018" -06/Sep/2018 "REV/444/EF/01.
SUBJECT:
Your authorization to operate as a Popular Financial Society is revoked.
LA PERSEVERANCIA DEL VALLE DE TEHUACÁN, S.A. DE C.V., S.F.P.
Based on the provisions of Articles 37, in relation to 96, fraction IV, and 132, all of the Savings and Popular Credit Law (hereinafter LACP) and 16, fractions VI and XVII, of the National Banking and Securities Commission Law (hereinafter LCNBV); in execution of the first agreement adopted by the Board of Directors of the National Banking and Securities Commission, in extraordinary session on October 26, 2018, this resolution is issued according to the following:
CONSIDERATIONS
...
FOURTH.
...
Consequently, since the arguments and evidence provided by LA PERSEVERANCIA DEL VALLE DE TEHUACÁN, S.A. DE C.V., S.F.P., are found to be unfounded and inoperative, and considering the opinion formulated by the Federation, it is concluded that said Society falls under the revocation hypotheses provided for in fractions V and X of Article 37 of the LACP,
therefore, it is appropriate to revoke its authorization to operate as a Popular Financial Society.
Based on the above, you are informed that the National Banking and Securities Commission, prior agreement of its Board of Directors, taken in its extraordinary session held on October 26, 2018, and with the objective of preserving the stability of the financial system as a whole, safeguarding the interests of the public:
RESOLVES
FIRST. Based on the provisions of Articles 37, first paragraph, fractions V and X, of the Savings and Popular Credit Law, 12, fraction V, of the National Banking and Securities Commission Law; and in accordance with the First Agreement adopted in its extraordinary session held on October 26, 2018, the authorization to operate as a popular financial society granted to LA PERSEVERANCIA DEL VALLE DE TEHUACÁN, S.A. de C.V., S.F.P., through official letters 311-26491/2008 and 134-21574/2008 dated February 21, 2008, is revoked.
SECOND. From the date of notification of this resolution, LA PERSEVERANCIA DEL VALLE DE TEHUACÁN, S.A. de C.V., S.F.P., is unable to carry out operations and will be placed in a state of dissolution and liquidation, in accordance with what is provided in the penultimate paragraph of Article 37 of the Savings and Popular Credit Law.
THIRD. Based on the provisions of Articles 37, penultimate paragraph, and 122-Bis of the Savings and Popular Credit Law, as well as 19 of the National Banking and Securities Commission Law, the Savings Protection Committee of the Fund for the Protection of Financial Societies and Protection of their Savers must accredit before this Commission, within the term of 60 business days following the publication of this resolution in the Official Gazette of the Federation, the designation of the corresponding liquidator.
FOURTH. Based on what is provided in the antepenultimate paragraph of Article 37 of the Savings and Popular Credit Law, this resolution is to be recorded in the corresponding Public Commerce Registry; as well as, published in the Official Gazette of the Federation and an extract of this official letter, in two widely circulated newspapers in the geographic area where said Society operated.
...
This was provided by the President of the National Banking and Securities Commission and signed in substitution for absence by the Legal Vice President of the National Banking and Securities Commission, based on the provisions of Articles 4, fraction I, section A, fraction II, section A, subsection 7), 12 and 54 of the Internal Regulations of the National Banking and Securities Commission.
Signed in substitution for absence of the President, the Legal Vice President of the National Banking and Securities Commission, based on the provisions of Articles 4, fraction I, section A, fraction II, section A, subsection 7), 12 and 54 of the Internal Regulations of the National Banking and Securities Commission.
Respectfully,
Mexico City, October 30, 2018. - The Legal Vice President, Edgar Manuel Bonilla del Ángel. - Rubric.
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