Resolution modifying general provisions applicable to general deposit warehouses, exchange houses, credit unions and multiple-object financial societies regulated — SHCP — MX

DOF: 06/10/2017

RESOLUTION modifying the general provisions applicable to general deposit warehouses, exchange houses, credit unions and multiple-object financial societies regulated

A seal with the National Emblem appears at the margin, which says: United Mexican States.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.

The National Banking and Securities Commission, prior agreement of its Board of Directors, and based on what is provided by articles 17, fractions II and VI of the Credit Unions Law, 87-C Bis 1, subsection c) of the General Law of Organizations and Auxiliary Credit Activities, as well as 4, fractions XXXVI and XXXVIII and 16, fraction I of the National Banking and Securities Commission Law, and

CONSIDERING

That in order for the National Banking and Securities Commission to have the best available information that allows verifying the honorability and satisfactory credit history of possible shareholders, board members and other relevant executives of credit unions and multiple-object financial societies that voluntarily intend to be considered regulated entities, in consistency with what is required in the Credit Unions Law and General Law of Organizations and Auxiliary Credit Activities, it is necessary to specify the information that will be required for these effects, which will allow having credit unions and multiple-object financial societies administered under the best quality standards;

That additionally, in terms of current provisions, persons who intend to participate in the share capital of a credit union and multiple-object financial societies that voluntarily intend to be considered regulated entities, must present two credit information reports; the first of them, for the case of the documentation attached to the corresponding request, and the second as an annex to the protest letter regarding their honorability, therefore the presentation of the report in the first case is eliminated and likewise, regarding persons proposed to occupy the positions of board member, general director or official within the two immediate hierarchies prior to this, as well as auditors of the regulated multiple-object financial societies, the presentation in two occasions of the certificate of no criminal records and the registry data report is eliminated, which will result in the simplification of the corresponding procedure, and

That it is deemed convenient that persons who intend to constitute and operate as credit unions and multiple-object financial societies that voluntarily intend to be considered regulated entities, accompany the corresponding authorization request, the valid certification with which the compliance officer to be designated as such in terms of the National Banking and Securities Commission Law must have, in order to contribute to the prevention, detection and reporting of acts, omissions or operations that could be located in the circumstances of articles 139 Quater or 400 Bis of the Federal Penal Code, has resolved to issue the following:

RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO GENERAL DEPOSIT WAREHOUSES, EXCHANGE HOUSES, CREDIT UNIONS AND MULTIPLE-OBJECT FINANCIAL SOCIETIES REGULATED

UNIQUE.- Articles 72 Bis 5, fraction XI and 134 Bis are ADDED; the denomination of Chapter Four of Title Seventh is REFORMED to remain as "Of the requirements to constitute credit unions and of shareholder participation" and the denomination of Section First of Chapter Four of Title Seventh is REFORMED to remain as "Of the requirements to constitute credit unions", and Annexes 24, 25, 26 and 27 of the "General provisions applicable to general deposit warehouses, exchange houses, credit unions and multiple-object financial societies regulated", published in the Official Journal of the Federation on January 19, 2009 and modified through Resolutions published in said dissemination medium on July 1 and 30, 2009; February 18, 2010; February 4, April 11 and December 22, 2011; February 3 and June 27, 2012; January 31, 2013; December 3, 2014; January 8 and 12, May 19, October 19 and 28, 2015; January 22, May 13, September 28 and December 27, 2016; February 28, April 4 and August 25, 2017, are SUBSTITUTED, to read as follows:

"FIRST to SIXTH TITLES

...

SEVENTH TITLE

...

Chapters One to Three

...

Chapter Four

Of the requirements to constitute credit unions and of shareholder participation

Section First

Of the requirements to constitute credit unions

Section Second

...

EIGHTH TITLE

...

Annexes 1 to 23

...

Annex 24

Information format for persons who intend to maintain a participation in the share capital of a credit union and persons who intend to constitute themselves as secured creditors with respect to the paid-in share capital of a credit union.

Annex 25

Protest letter format for possible shareholders of the credit union and persons who intend to constitute themselves as secured creditors with respect to the paid-in share capital of a credit union.

Annex 26

Information format for persons who directly or indirectly acquire more than five percent of the shares representing the share capital of a regulated multiple-object financial society.

Annex 27

Curriculum information format for persons occupying the positions of board members and general director in regulated multiple-object financial societies."

"Article 72 Bis 5 .- ...

I. to X.

...

XI.

Copy of the document issued by the Commission, in which the valid certification of the compliance officer to be appointed as such in terms of the "General provisions for the certification of independent external auditors, compliance officers and other professionals in matters of prevention of operations with proceeds of illicit origin and financing of terrorism" published in the Official Journal of the Federation on October 2, 2014 and its respective modifications, is stated."

"Chapter Four

Of the requirements to constitute credit unions

and of shareholder participation

Section First

Of the requirements to constitute credit unions

Article 134 .- ...

Article 134 Bis.- Persons who intend to obtain authorization to organize and operate as a credit union, in terms of what is indicated in article 17, fraction VI of the LUC, must present a copy of the document issued by the Commission, in which the valid certification of the compliance officer who will be appointed by the credit union is stated, obtained in terms of the "General provisions for the certification of independent external auditors, compliance officers and other professionals in matters of prevention of operations with proceeds of illicit origin and financing of terrorism" published in the Official Journal of the Federation on October 2, 2014 and its respective modifications."

TRANSITORY CLAUSES

FIRST. - This Resolution will enter into force the day after its publication in the Official Journal of the Federation.

SECOND.- Procedures and proceedings initiated prior to the entry into force of this Resolution, will continue to be governed until their final resolution in accordance with the applicable provisions in force at their inception.

Respectfully,

Mexico City, September 15, 2017. - The President of the National Banking and Securities Commission, Jaime González Aguadé.- Signature.

ANNEX 24

INFORMATION FORMAT FOR PERSONS WHO INTEND TO MAINTAIN A PARTICIPATION IN THE SHARE CAPITAL OF A CREDIT UNION AND PERSONS WHO INTEND TO CONSTITUTE THEMSELVES AS SECURED CREDITORS WITH RESPECT TO THE PAID-IN SHARE CAPITAL OF A CREDIT UNION

Name or possible name of the society.

Date of preparation (dd/mm/yyyy).

This information forms part of the authorization request to constitute and operate a credit union or of the authorization requests referred to in article 23 of the Credit Unions Law, as applicable, presented before the National Banking and Securities Commission. Its content is confidential and will be subject to review and verification.

Filling instructions.

This format must be duly filled out by:

a) Natural or legal persons who intend to subscribe more than fifteen percent and up to thirty percent of the share capital of a credit union.

b) Each of the members of a Group of persons who collectively intend to acquire more than five percent of the share capital of a credit union or obtain control of said society.

c) Persons who intend to receive in guarantee more than five percent of shares representing the share capital of a credit union.

No blank spaces should be left. In any case, mention: None, No, I don't have, Not applicable.

All names and data required must be expressed in full (e.g., persons with two names).

SECTION 1

NATURAL PERSONS

-
Personal identification data

First Name(s).

Paternal Surname.

Maternal Surname.

Nationality.

RFC (with homoclave).

CURP.

-
Address for hearing and receiving notifications

Street and exterior and interior number.

Neighborhood.

Delegation or Municipality.

Federative Entity.

Postal Code.

Country.

Marital status.

Name of spouse, concubine or concubinary, as well as their economic dependents.

Name of relatives in ascending and descending straight line up to the first degree. 1. 2. 3. 4. 5. 6. LEGAL ENTITIES, TRUSTS OR INVESTMENT VEHICLES

-
Identification data

Name or corporate name.

Main activity.

Nationality.

RFC (with homoclave).

Date of constitution.

Name of the legal representative.

Profession of the legal representative.

Work background of the legal representative.

-
Address for hearing and receiving notifications

Street and exterior and interior number.

Neighborhood.

Delegation or Municipality.

Federative Entity.

Postal Code.

Country.

Name of shareholders or persons who participate with 10% or more of the share capital of the legal entity, or of the trust patrimony or investment vehicle. * Shareholder (%) 1. 2. 3. 4. 5.

Regarding legal entities, trusts or other investment vehicles, the direct and indirect participations of natural persons in the capital of these, must be related and broken down in a way that allows the identification of the natural persons who are the ultimate beneficiaries of said participations.

According to statutes, can you invest in societies?
Yes ______
No _____
Has the investment in question been approved by your board of directors?
Yes ______
No _____
Do you have or have had investment in financial entities?
Yes ______
No _____
Specify: % equity
Name:________

SECTION 2

PARTICIPATION OF THE PERSON IN THE CREDIT UNION

Shareholder:
___ % current shareholding.
___ % shareholding after acquisition.
___ % shareholding with which they would participate in the new entity.
Position, if any.
President of the Board of Directors.
Board Member owner.
Independent:
Yes
No
Board Member alternate.
Independent:
Yes
No
Secretary of the Board of Administration.
General Director.
Legal Director.
Finance Director.
Commercial Director.
Others (s).
Which?

SECTION 3

PATRIMONIAL RELATIONSHIP

a) Assets and rights.
AMOUNT
(thousands of pesos)
1.- Real estate assets of the applicant, their spouse, concubine or concubinary, as well as their economic dependents. Total:
2.- Movable assets (including motor vehicles, aircraft and vessels) of the applicant, their spouse, concubine or concubinary, as well as their economic dependents. Total:
3.- Balances in bank accounts of national or foreign financial entities (including deposits and debt securities). Total:
4.- Others, including investments and other types of securities in the share capital of financial entities or legal entities with profit purposes national or foreign. 4.1.- Specify the name of the financial entity or legal person:
4.2.- Specify the percentage of shareholding: ______%.
Total:
5.- Share participation in the share capital of financial entities or legal entities national or foreign of the applicant, their spouse, concubine or concubinary, as well as their economic dependents and relatives by consanguinity, affinity or civil up to the first degree. Total:
6.- Sponsorships, courtesies and donations received by the applicant, their spouse, concubine or concubinary, as well as their economic dependents and relatives by consanguinity, affinity or civil up to the first degree. Total:
7.- Total assets and rights (gross patrimony). b) Debts and obligations.
8.- Mortgages and financial obligations and loans of the applicant, their spouse, concubine or concubinary, as well as their economic dependents and relatives by consanguinity, affinity or civil up to the first degree. Total:
9.- Others, including economic and financial interests.
Total:
10.- Total debts and obligations.
11.- Patrimony (Subtract 10 from 7).
12.- Guarantees and sureties granted.
13.- Insurance policies.
14.- Total net income of the applicant.
Amount
(thousands of pesos).
Principal source(s) of income.
Last year 20 .
Penultimate year 20 .
Antepenultimate year 20 .
15.- Total net income of the spouse, concubine or concubinary and economic dependents of the applicant. Amount (thousands of pesos). Principal source(s) of income. Last year 20 . Penultimate year 20 . Antepenultimate year 20 _. 16.- Comments and clarifications.

SECTION 4

ORIGIN OF RESOURCES

Source
Entity or person
Exact amount to contribute to the share capital, price of the shares or amount of the obligation for which the guarantee is received, as the case may be (%). Own resources. Specify:
N/A.
Others. Specify:________
(indicate if they come from credits granted by national or foreign financial entities). Total resources:
100%
Comments and clarifications.

SECTION 5

POSITIONS OR ACTIVITIES INFORMATION (NATURAL PERSONS)

1.- Positions and offices held in public or private entities by the applicant, their spouse, concubine or concubinary, as well as their economic dependents and relatives by consanguinity, affinity or civil up to the first degree. 2.- Professional or business activities performed by the applicant, their spouse, concubine or concubinary, as well as their economic dependents and relatives by consanguinity, affinity or civil up to the first degree. 3.- Honorary positions and offices held by the applicant. 4.- Participation in councils and philanthropic activities of the applicant, their spouse, concubine or concubinary, as well as their economic dependents and relatives by consanguinity, affinity or civil up to the first degree.

SECTION 6

ADDITIONAL INFORMATION

If you consider that there is any other relevant information not contemplated in the previous sections, you must list the information and comment on it in the following box:
Section.
Information.

SECTION 7

DECLARATIONS AND SIGNATURES

By this means, the undersigned authorizes the National Banking and Securities Commission, regarding the information provided herein, to:

a)
Verify it as deemed appropriate and obtain, from any other authority deemed convenient, information about my person, in connection with the authorization request submitted before that Commission.

b)
Share it on a confidential basis with the National Insurance and Surety Commission, National System for Retirement Savings Commission, the Bank of Mexico, the Tax Administration Service, the Attorney General's Office and other authorities, for the exclusive fulfillment of their functions.

I confirm that I have read and filled out this format carefully, such that I understand its content and legal implications.

I understand that providing false data will be grounds for exclusion of the undersigned, without prejudice to the penalties or legal sanctions that may proceed according to the case.

I DECLARE UNDER OATH THAT THE DATA CONTAINED IN THIS DECLARATION IS TRUE.

Signature of the person or legal representative NAME DATE

SECTION 8

DOCUMENTS TO BE ATTACHED TO THE APPLICATION

-
Natural persons
1.
Copy of valid official identification (voter credential or valid passport and, in the case of persons of foreign nationality, migratory form or passport). 2. Copy of the tax identification card, if applicable. 3. Copy of the Unique Population Registry Key (CURP). 4. Copy of the professional ID or study certificate or document accrediting the last degree of studies achieved. 5. Patrimonial situation of the last three years. 6. Report prepared by legal entities that provide auditing or corporate investigation services of recognized prestige, in the judgment of the National Banking and Securities Commission, on the veracity of the statements relative to the origin of the resources that make up the patrimony of the person for which the respective documentary support must be kept in view. Likewise, evidence related to the referred origin of resources must be attached to the authorization request. 7. Copy of the service provision contract for auditing or corporate investigation services that the applicant has celebrated with the legal entity referred to in the previous numeral, containing the terms and conditions agreed between the parties for the elaboration of the report contained in the previous numeral, regarding which the National Banking and Securities Commission may require modifications. 8. Copy of annual tax declarations of the last three fiscal years. - Legal entities 1. Certified copy of the current social statutes. 2. Copy of the tax identification card. 3. Authenticated copy by the sole administrator or by the secretary of the board of administration of the dictated annual financial statements and the external auditor's report, if obliged to do so, approved by its administrative body of the last three fiscal years, or those corresponding according to the date of their constitution. 4. In its case, authenticated copy, by the secretary of the board of administration of the resolution of the administrative body that approves the subscription and payment of the shares of the credit union to be constituted. 5. Copy of annual tax declarations of the last three fiscal years. 6. Regarding legal entities that are not obliged to audit their financial statements in terms of the applicable provisions, a report prepared by legal entities that provide auditing or corporate investigation services of recognized prestige, in the judgment of the National Banking and Securities Commission, on the veracity of the statements relative to the origin of the resources that make up the patrimony of the person for which it must have the respective documentary support in view. Likewise, documentary evidence related to the referred origin of resources must be attached to the authorization request. 7. Copy of the service provision contract for auditing or corporate investigation services that the applicant has celebrated with the legal entity referred to in the previous numeral, containing the terms and conditions agreed between the parties for the
elaboration of the report contained in the previous numeral.

ANNEX 25

PROTEST LETTER FORMAT FOR POSSIBLE SHAREHOLDERS OF THE CREDIT UNION AND PERSONS WHO INTEND TO CONSTITUTE THEMSELVES AS SECURED CREDITORS WITH RESPECT TO THE PAID-IN SHARE CAPITAL OF A CREDIT UNION

This format must be duly filled out by:

a)
Natural or legal persons who intend to subscribe more than five percent and up to the thirty percent of the share capital of a credit union.

b)
Each of the members of a Group of persons who collectively intend to acquire more than five percent of the share capital of a credit union or obtain control of said society.

c) Persons who intend to receive in guarantee more than five percent of shares representing the share capital of a credit union.

A) NATURAL PERSONS

Mexico City, to_____ of __________ of _____

NATIONAL BANKING AND SECURITIES COMMISSION

Present,

The undersigned, (name of the person signing), by my own right and with the object of providing the information that proves necessary in relation to the authorization request [to be presented] presented before that National Banking and Securities Commission for [the organization and functioning of the credit union to be named ____________] [acquiring the shares that represent the ______ percent of the share capital of the credit union named ____________] [receiving in guarantee the shares that represent the ______ percent of the share capital of the credit union named ____________], declare under oath that the following is true:

That I have a good credit history according to the credit information report with the character of special credit report in terms of the Law to Regulate Credit Information Societies, issued by the credit information society named______, and I am up to date in the fulfillment of my obligations, even regarding credits that have been subject to restructuring. Attached to this, please find the special credit report of the undersigned, in which that Commission can verify that there is no breach any with my credit obligations, or well that if there is any prevention key in that sense, from the report itself it can be appreciated:

The existence of a favorable resolution for the debtor due to the challenge of the record in question, due to errors attributable to users of credit information societies that are financial entities subject to the supervision of the National Banking and Securities Commission;

b)
The existence of payment of overdue debts as of the date of the query and evidence of sustained payment over a period of 1 year;

c) Payment of losses caused to a financial entity, regardless of its amount, promoted of

voluntarily by the accredited party, or

The existence of favorable judicial resolutions for the accredited parties, in litigation with creditors.

Similarly, I declare that I do not have nor have had control, nor do I exercise nor have I exercised command power over an issuing society that has failed to meet its debt security payment obligations in the securities market.

II.

That I am not, nor have I been, subject to criminal proceedings for intentional crimes punishable with corporal imprisonment greater than one year, and that, if I had been, this concluded with an acquittal judgment.

III.

That I have not been subject to administrative inquiry or investigation procedures before the National Banking and Securities Commission for violations of national or foreign financial laws, or before other Mexican supervisory and regulatory institutions of the financial system or from other countries, or that, having been so, these concluded with a final and definitive resolution or agreement/convention in which my exoneration was expressly determined.

IV.

That I have not been declared in civil or commercial bankruptcy, or that even if I had been, this was terminated due to the causes indicated in fractions I, II or V of article 262 of the Commercial Bankruptcy Law, or, regarding civil bankruptcy, by having paid in full to creditors or entered into an agreement with them, under local laws.

That I am or have been a subject or party in processes before common or federal jurisdictional bodies, criminal investigations, as well as any other procedure, even in other countries, individually and, where applicable, in my capacity as legal representative, councilor, official, employee or commissioner of some legal entity, which are indicated below: (1)

Type of procedure
Body before whom the procedure is carried out
Capacity in which
I intervened
Status of the procedure, including start date and, where applicable, conclusion Sense of the definitive resolution, where applicable

VI.

That I have not been a shareholder, councilor, auditor, general director or relevant executive in a legal entity to which the Secretariat of Finance and Public Credit, the National Banking and Securities Commission, the National Insurance and Bonds Commission or the National Retirement Savings System Commission, have denied the concession, authorization or registration, nor has authorization been denied to me to acquire shares representing the social capital of societies supervised by said National Commissions.

VII.

That I have not been a shareholder, councilor, auditor or relevant executive in a financial entity to which the concession or authorization has been revoked, or the registration cancelled, nor has authorization been denied to me to acquire shares representing the social capital of societies that enjoy the concession, authorization or registration of the Secretariat of Finance and Public Credit, the National Banking and Securities Commission, the National Insurance and Bonds Commission or the National Retirement Savings System Commission.

The undersigned authorizes the National Banking and Securities Commission to verify, where applicable, before Mexican financial entities, credit information societies, the Institute for the Protection of Bank Deposits and any competent authority, the truthfulness of the declarations contained in this writing, regarding any type of operations, in terms and with the scope referred to in articles 142 of the Credit Institutions Law, 192 and 295 of the Securities Market Law, 44 of the Credit Unions Law, 55 of the Investment Funds Law and others that apply.

Likewise, I authorize said Commission to verify and request corresponding information during the time that I serve as a shareholder of the credit union in question or maintain in guarantee shares representing its social capital, in case said Commission learns by any means that I cease to be in the circumstances of fractions I to IV and VI and VII above, or if I have news that I am in a process before any jurisdictional body.

The declarations under oath contained in this document are made for the purpose that that National Banking and Securities Commission has elements of judgment to evaluate the honorability and satisfactory credit and business history of the signatory and to determine, where applicable, in the exercise of the discretionary faculty conferred by articles 17, fraction II and 23 of the Credit Unions Law on that authority, if it is prudent and opportune that

[participate as a shareholder in the social capital of the credit union to be named ___________]

[participate as a shareholder in the social capital of the credit union named ___________]

[receive in guarantee the shares of the social capital of the credit union named ___________], with the proposed shareholding percentages [to be proposed] in the authorization application we are concerned with.

Sincerely,

(Name and signature of the interested party)

Filling Instructions:

Fill in the blanks and provide the information indicated in parentheses, as appropriate.

Attach the credit information report, with the character of special credit report in terms of the Law to Regulate Credit Information Societies. In case the persons have not resided in national territory during a period of six years prior to the date of the authorization request, the equivalent document to the credit information report issued in their country of residence must be presented. The referred documents must have an issuance date no older than three months prior to the date of such request.

In the event that the interested party is unable to make any of the declarations referred to in fractions I to IV of this letter, they must express in the corresponding numeral that circumstance, detailing the facts, acts and reasons that prevent them or why they do not fit the referred circumstances.

In case the person has caused loss, damage or patrimonial detriment, directly or through an intermediary person, to the detriment of financial entities due to non-compliance with obligations at their charge or discounts, forgiveness or discounts received regarding credits, unless these were under general programs implemented by the financial entities themselves or the Federal Government, the interested party must declare said situation, indicating the terms and characteristics of the credit in question, with indication of the accrediting entity, as well as a detailed description of the circumstances under which the loss, damage or patrimonial detriment occurred.

For the purposes of the above, it will be understood that a natural person acted through the interposition of a legal entity, when the first has or has had control of the second, or when exercises or has exercised command power regarding the society or association in question.

In case the person has caused loss, damage or patrimonial detriment to the detriment of issuing societies in the securities market in which they exercise or have exercised control or have or have had command power, due to non-compliance with payment obligations contracted with them, the interested party must declare said situation, indicating the terms and characteristics of the operation in question, with indication of the issuing society, as well as a detailed description of the circumstances under which the loss, damage or patrimonial detriment occurred.

In case the person has been a shareholder, councilor, auditor, general director or relevant executive in a legal entity to which the Secretariat of Finance and Public Credit, the National Banking and Securities Commission, the National Insurance and Bonds Commission or the National Retirement Savings System Commission, have denied the concession, authorization, registration; the concession or authorization has been revoked, or the registration cancelled, or authorization has been denied to acquire shares representing the social capital of said legal entities, they must declare said situation, indicating a detailed description of the circumstances under which the concession, authorization, registration or authorization to acquire shares representing the social capital was revoked, cancelled or denied.

Accompany a document issued by a legal entity of recognized prestige judged by the National Banking and Securities Commission, which provides legal services and in which the information indicated in the previous fraction V is stated, noting that it had the supporting documentation for it, in case a procedure was declared.

Attach a copy of the legal services contract that the applicant has celebrated with the legal entity referred to in the previous numeral, which contains the terms and conditions agreed between the parties for the issuance of the document contained in the previous numeral, regarding which the National Banking and Securities Commission may require modifications.

Attach your curriculum vitae in which the motives or causes for the termination of labor relations presented in that information are detailed.

10.

Attach the registry data report issued by the Attorney General's Office of the Republic or the General Prosecutor that replaces it, as well as the certificate of no criminal records issued by the Justice Prosecutor's Office or the State Prosecutor of the place of residence and of the State where the main business seat is located. In case of persons residing in Mexico City, the certificate of no criminal records will be the one issued by the Secretariat of Governance through the National Security Commission, and for persons who do not reside or have not resided in national territory for a period greater than three months, in substitution of the mentioned report and letter, they must present the equivalent documents to those previously mentioned, issued in the country of their residence. In the event that, to process the documents referred to in this numeral, the interested persons require a formal petition issued by the Commission, they must request it in writing to the Commission itself.

B) LEGAL ENTITIES

Mexico City, to_____ of __________ of _____

NATIONAL BANKING AND SECURITIES COMMISSION

Present,

( Name or trade name of the legal entity ), through its representative (name of the legal representative), personality accredited through power contained in (data of the deed and its inscription in the Public Registry of Commerce), declares under oath and with the object of providing the information that results necessary in relation to the authorization request [to be presented] presented before that National Banking and Securities Commission for [the organization and functioning of the credit union to be named ____________] [acquire the shares that represent the ______ percent of the social capital of the credit union named ____________] [receive in guarantee the shares that represent the ______ percent of the social capital of the credit union named ____________], the following:

That our represented party enjoys a satisfactory credit history according to the credit information report with the character of special credit report in terms of the Law to Regulate Credit Information Societies, issued by the credit information society denamed______, and is up to date in the fulfillment of its obligations, including regarding credits that have been the subject of restructuring. Attached hereto, please find the special credit report in which that Commission can verify that there is no non-compliance whatsoever with the credit obligations of our represented party, or that if there is any prevention key in that sense, from the report itself it can be appreciated:

The existence of a favorable resolution for the debtor due to the challenge of the registration in question, because of errors attributable to users of credit information societies that are financial entities subject to supervision by the National Banking and Securities Commission;

The existence of payment of overdue debts at the date of the consultation and evidence of sustained payment in a period of 1 year;

Payment of losses caused to a financial entity, regardless of its amount, promoted voluntarily by the accredited party, or

The existence of favorable judicial resolutions for the accredited parties, in litigation with creditors.

Similarly, we declare that our represented party has not failed to meet its debt security payment obligations in the securities market, nor does it exercise nor has it exercised command power over an issuing society that has done so.

II.

That it has not been subject to administrative inquiry or investigation procedures before the National Banking and Securities Commission for violations of national or foreign financial laws, or before other Mexican supervisory and regulatory institutions of the financial system or from other countries, or that, having been so, these concluded with a final and definitive resolution or agreement/convention in which its exoneration was expressly determined.

III.

That it has not been declared in civil or commercial bankruptcy, or that even if it had been, this was terminated due to the causes indicated in fractions I, II or V of article 262 of the Commercial Bankruptcy Law, or, regarding civil bankruptcy, by having paid in full to creditors or entered into an agreement with them, under local laws.

IV.

That it is or has been a subject or party in processes before common or federal jurisdictional bodies, criminal investigations, as well as any other procedure, which are indicated below: (2)

That it has not been a shareholder of a legal entity to which the Secretariat of Finance and Public Credit, the National Banking and Securities Commission, the National Insurance and Bonds Commission or the National Retirement Savings System Commission, have denied the concession, authorization or registration.

VI.

That it has not been a shareholder of a financial entity to which the concession, authorization or registration has been revoked by the Secretariat of Finance and Public Credit, the National Banking and Securities Commission, the National Insurance and Bonds Commission or the National Retirement Savings System Commission.

The undersigned on behalf of its represented party authorizes the National Banking and Securities Commission to verify, where applicable, before Mexican financial entities, credit information societies and any competent authority, the truthfulness of the declarations contained in this writing, regarding any type of operations, in terms and with the scope referred to in articles 142 of the Credit Institutions Law, 192 and 295 of the Securities Market Law, 55 of the Investment Funds Law and 44 of the Credit Unions Law and others that apply.

Likewise, I authorize said Commission to verify and request corresponding information during the time that my represented party serves as a shareholder of the credit union in question or maintains in guarantee shares representing its social capital, in case said Commission learns by any means that it ceased to be in the circumstances of fractions I to III and V and VI above, or if it has news that it is in a process before any jurisdictional body.

The declarations under oath contained in this document are made for the purpose that that National Banking and Securities Commission has elements of judgment to evaluate the honorability and satisfactory credit and business history of my represented party and to determine, where applicable, in the exercise of the discretionary faculty conferred by articles 17, fraction II and 23 of the Credit Unions Law on that authority, if it is prudent and opportune that

[participate as a shareholder in the social capital of the credit union to be named ___________]

[participate as a shareholder in the social capital of the credit union named ___________]

Sincerely,

(Name and signature of the legal representative)

(Name or trade name of the legal entity)

Filling Instructions:

Fill in the blanks and provide the information indicated in parentheses, as appropriate.

Attach the credit information report with the character of special credit report in terms of the Law to Regulate Credit Information Societies, with an issuance date no older than three months prior to the date of request.

In the event that the interested party is unable to make any of the declarations referred to in fractions I to III of this letter, they must express in the corresponding numeral that circumstance, detailing the facts, acts and reasons that prevent them or why they do not fit the referred circumstances.

For the purposes of the above, it will be understood that a legal entity acted through the interposition of another legal entity, when the first has or has had control of the second, or when exercises or has exercised command power regarding the society or association in question.

In case the person has been a shareholder in a legal entity to which the Secretariat of Finance and Public Credit, the National Banking and Securities Commission, the National Insurance and Bonds Commission or the National Retirement Savings System Commission have denied the concession, authorization or registration, or the concession has been revoked, they must declare said situation, indicating a detailed description of the circumstances under which the concession, authorization or registration was revoked or denied.

Accompany a document issued by a legal entity of recognized prestige judged by the National Banking and Securities Commission, which provides legal services and in which the information indicated in the previous fraction IV is stated, noting that it had the supporting documentation for it, in case a procedure was declared.

ANNEX 26

INFORMATION FORMAT FOR PERSONS WHO ACQUIRE DIRECTLY OR INDIRECTLY MORE THAN FIVE PERCENT OF THE SHARES REPRESENTATIVE OF THE SOCIAL CAPITAL OF A REGULATED MULTIPLE-OBJECT FINANCIAL SOCIETY

Name of the society.
Date of preparation (dd/mm/yyyy).
This information is confidential and will be subject to review and verification by the National Banking and Securities Commission.

Filling Instructions.
The present format must be duly filled out by persons who have acquired directly or indirectly more than five percent of shares representing the social capital of a regulated multiple-object financial society. No spaces should be left blank. In all cases, mention: None, No, I don't have, Not applicable. All names and required data must be expressed in full (for example, people with two names).
SECTION 1
PERSONAL IDENTIFICATION DATA
NATURAL PERSONS
First name(s).
Paternal surname.
Maternal surname.
Nationality.
RFC (with homoclave).
CURP.
Address for hearing and receiving notifications.
Street and exterior and/or interior number.
Neighborhood.
Delegation or Municipality.
Federative Entity.
Postal code.
Country.
Marital status.
Name of spouse, concubine or concubinary, as well as their economic dependents.
Name of relatives in ascending and descending line up to the first degree.
1.
2.
3.
4.
5.
6.
IDENTIFICATION DATA
LEGAL ENTITIES, TRUSTS OR
INVESTMENT VEHICLES
Name or trade name.
Main activity.
Nationality.
RFC (with homoclave).
Date of constitution.
Name of the legal representative.
Profession of the legal representative.
Work background of the legal representative.
Address for hearing and receiving notifications Street and exterior and/or interior number. Neighborhood. Postal code. Delegation or Municipality. Federative Entity. Country. Name of shareholders or persons who participate with 10% or more of the capital social of the legal entity, or of the patrimony of the trust or investment vehicle. * Shareholder (%) 1. 2. 3. 4. 5.

In the case of legal entities, trusts, or other investment vehicles, the direct and indirect participations of natural persons in their capital must be related and broken down in a manner that allows for the identification of the natural persons who are the ultimate beneficiaries of such participations.

Can you invest in societies according to statutes?
Yes ______
No _____

Has the investment in question been approved by your board of directors?
Yes ______
No _____

Do you have or have you had investments in financial entities?
Yes ______
No _____

Specify:
___ % shareholding.
Name: __________________________

SECTION 2

PARTICIPATION OF THE PERSON IN THE MULTIPLE-OBJECT FINANCIAL SOCIETY

Shareholder.
___ % current shareholding.
___ % shareholding after the acquisition.
Position (if applicable).
President of the board of directors.
Proprietor director.
Independent:
No
Yes
Alternate director.
Independent:
No
Yes
Secretary of the board of directors.
General manager.
Legal director.
Finance director.
Commercial director.
Other(s).
Specify: ____________________________________

SECTION 3

PATRIMONIAL RELATIONSHIP

a) Assets and rights.
AMOUNT
(thousands of pesos)

1.- Real estate of the applicant, their spouse, concubine or concubine, as well as their economic dependents. Total:

2.- Movable property (including motor vehicles, aircraft, and vessels) of the applicant, their spouse, concubine or concubine, as well as their economic dependents. Total:

3.- Balances in bank accounts of national or foreign financial entities (including deposits and debt securities). Total:

4.- Others, including investments and other types of securities in the social capital of national or foreign financial entities or legal entities for profit. 4.1.- Specify the name of the financial entity or legal person:
4.2.- Specify the percentage of shareholding: _______%.
Total:

5.- Share participation in the social capital of national or foreign financial entities or legal entities of the applicant, their spouse, concubine or concubine, as well as their economic dependents and relatives by blood, affinity, or civil law up to the first degree. Total:

6.- Sponsorships, courtesies, and donations received by the applicant, their spouse, concubine or concubine, as well as their economic dependents and relatives by blood, affinity, or civil law up to the first degree. Total:

7.- Total assets and rights (gross patrimony).

b) Debts and obligations.

8.- Mortgages, financial obligations, and credits of the applicant, their spouse, concubine or concubine, as well as their economic dependents and relatives by blood, affinity, or civil law up to the first degree. Total:

9.- Others, including economic and financial interests.
Total:

10.- Total debts and obligations.

11.- Patrimony (subtraction of 7 minus 10).

12.- Guarantees and sureties granted.

13.- Insurance policies.

14.- Total net income of the applicant.
Amount
(thousands of pesos).
Main source(s) of income.
Last year 20_ .
Penultimate year 20 .
Antepenultimate year 20 _.

15.- Total net income of the spouse, concubine or concubine and economic dependents of the applicant. Amount (thousands of pesos). Main source(s) of income. Last year 20_ . Penultimate year 20 . Antepenultimate year 20 _.

16.- Comments and clarifications.

SECTION 4

ORIGIN OF RESOURCES

Source
Entity or person
Exact amount to contribute to the social capital, price of the shares or amount of the obligation for which the guarantee is received, whichever applies (%) Own resources. Specify:
N/A
Others. Specify:________.
(Indicate if they come from credits granted by national or foreign financial entities). Total resources:
100 %
Comments and clarifications.

SECTION 5

INFORMATION ON POSITIONS OR ACTIVITIES (NATURAL PERSONS)

Positions and offices held in public or private entities by the applicant, their spouse, concubine or concubine, as well as their economic dependents and relatives by blood, affinity, or civil law up to the first degree.

Professional or business activities carried out by the applicant, their spouse, concubine or concubine, as well as their economic dependents and relatives by blood, affinity, or civil law up to the first degree.

Honorary positions and offices held by the applicant.

Participation in councils and philanthropic activities of the applicant, their spouse, concubine or concubine, as well as their economic dependents and relatives by blood, affinity, or civil law up to the first degree.

SECTION 6

ADDITIONAL INFORMATION

If you consider that there is any other relevant information not contemplated in the previous sections, you must list the information and comment in the following box.
Section
Information

SECTION 7

DECLARATIONS AND SIGNATURES

By this document, the undersigned authorizes the National Banking and Securities Commission, regarding the information provided herein, to:

a)
Verify it as deemed pertinent, as well as to obtain from any other authority deemed convenient information about my person, in connection with the share acquisition notified to that Commission.

b)
Share it on a confidential basis with the National Insurance and Sureties Commission, the National Retirement Savings System Commission, the Bank of Mexico, the Tax Administration Service, the Attorney General's Office, and other authorities, for the exclusive fulfillment of their functions.

I confirm that I have carefully read this form and that I understand its content and legal implications.

I understand that providing false data will be grounds for the exclusion of the undersigned, without prejudice to the penalties or legal sanctions that may apply depending on the case.

I DECLARE UNDER OATH THAT THE DATA CONTAINED IN THIS DECLARATION ARE TRUE.

Signature of the person or legal representative Name Date

SECTION 8

DOCUMENTS THAT MUST ACCOMPANY THE NOTIFICATION

NATURAL PERSONS:

1.
Copy of valid official identification (voter credential or valid passport and in the case of persons of foreign nationality, migratory form or passport).

2.
If applicable, copy of the tax identification card.

3.
Copy of the Unique Population Registry Key (CURP).

4.
Attach the credit information report, with the character of special credit report in terms of the Law to Regulate Credit Information Societies. In the event that the persons have not resided in national territory during a period of six years prior to the date of the authorization request, the equivalent document to the credit information report Issued in their country of residence must be presented. The referred documents must have an issuance date no more than three months prior to the date of such request.

5.
Copy of the professional card or certificate of studies or of the document that accredits the last degree of studies achieved.

6.
Patrimonial situation of the last three years.

7.
Opinion prepared by legal entities that provide auditing or corporate investigation services of recognized prestige, in the judgment of the National Banking and Securities Commission, on the veracity of the statements regarding the origin of the resources that make up the patrimony of the person for which the respective documentary support must be at hand. Likewise, it must be accompanied by the documentary evidence related to the referred origin of the resources.

8.
Copy of the contract for the provision of auditing or corporate investigation services that the applicant has celebrated with the legal entity referred to in the previous numeral, which contains the terms and conditions agreed between the parties for the elaboration of the opinion contained in the previous numeral, regarding which the National Banking and Securities Commission may require modifications.

9.
Copy of the annual tax declarations of the last three fiscal years.

LEGAL ENTITIES:

1.
Certified copy of the current social statutes.

2.
Copy of the tax identification card.

3.
Authenticated copy by the sole administrator or by the secretary of the board of directors, of the audited annual financial statements and the external auditor's opinion, if obliged to do so, approved by their administrative body for the last three fiscal years, or those corresponding in accordance with the date of their constitution.

4.
If applicable, authenticated copy by the secretary of the board of directors of the resolution of the administrative body that approves the subscription and payment of the shares of the society multiple-object financial in which it participates.

5.
Credit information report, with the character of special credit report in terms of the Law to Regulate Credit Information Societies, with an issuance date no more than three months prior to the date of request.

6.
Financial statements of the last three years.

7.
Copy of the annual tax declarations of the last three fiscal years.

8.
In the case of legal entities that are not obliged to audit their financial statements in terms of the applicable provisions, an opinion prepared by legal entities that provide auditing or corporate investigation services of recognized prestige, in the judgment of the National Banking and Securities Commission, on the veracity of the statements regarding the origin of the resources that make up the patrimony of the person for which it must have the respective documentary support at hand. Likewise, it must be accompanied by the information documentary evidence related to the referred origin of the resources.

9.
Copy of the contract for the provision of auditing or corporate investigation services that the applicant has celebrated with the legal entity referred to in the previous numeral, which contains the terms and conditions agreed between the parties for the elaboration of the opinion contained in the previous numeral.

ANNEX 27

CURRICULAR INFORMATION FORMAT OF THE PERSONS WHO OCCUPY THE POSITIONS OF DIRECTORS AND GENERAL MANAGER IN THE MULTIPLE-OBJECT FINANCIAL SOCIETIES REGULATED

Name of the society.
Date of preparation (dd/mm/yyyy).

This information is confidential and may be subject to review and verification by the National Banking and Securities Commission.

Filling instructions.
This format must be filled out by:
a) Directors. b) General manager.
No blank spaces should be left; in any case, mention: None, No, I don't have, Not applicable. All names and required data must be presented in full (e.g., persons with two names).

SECTION 1

PERSONAL IDENTIFICATION DATA

Name(s).
Paternal surname.
Maternal surname.
Nationality.
RFC (with homoclave).
Unique Population Registry Key
(CURP).
Address for hearing and receiving notifications Street and exterior and/or interior number. Neighborhood. Delegation or Municipality. Federative Entity. Postal code. Country. Marital status. Name of spouse or concubine (partner). Name of relatives in ascending and descending line up to the fourth degree. 1. 2. 3. 4. 5. 6.

SECTION 2

PARTICIPATION OF THE PERSON IN THE MULTIPLE-OBJECT FINANCIAL SOCIETY REGULATED

Position.
President of the board of directors.
Proprietor director.
Independent:
Yes
No
Alternate director.
Independent:
Yes
No
Secretary of the board of directors.
General manager.

SECTION 3

ACADEMIC HISTORY

Institution
Date
Degree

SECTION 4

PROFESSIONAL EXPERIENCE (FIVE YEARS OF EXPERIENCE IN THE MATTER)

Institution
Period
Position

SECTION 5

ADDITIONAL INFORMATION

If you consider that there is any other relevant information not contemplated in the previous sections, you must list the information and comment in the following box.
Section
Information

SECTION 6

DECLARATIONS AND SIGNATURES

By this document, the undersigned authorizes the National Banking and Securities Commission, regarding the information provided herein, to:

a)
Verify it as deemed pertinent, as well as to obtain from any other authority deemed convenient information about my person, in connection with the authorization request submitted to that Commission.

I confirm that I have read and filled out this form with care, such that I understand its content and legal implications.

I understand that providing false data will be grounds for the penalties or legal sanctions that may apply depending on the case.

I DECLARE UNDER OATH THAT THE DATA CONTAINED IN THIS DECLARATION ARE TRUE.

Signature of the person or legal representative.
NAME
DATE

SECTION 7

DOCUMENTS THAT MUST ACCOMPANY THIS NOTIFICATION

1.
Copy of valid official identification (voter credential or valid passport and in the case of persons of foreign nationality, migratory form or passport).

2.
Copy of the tax identification card and of the Unique Population Registry Key.

3.
Documentation supporting the information referred to in Sections 3 and 4 of this Annex.

4.
Curriculum Vitae.

5.
Register data report issued by the Attorney General's Office or the General Prosecutor that replaces it, as well as the letter of no criminal records issued by the Attorney General of Justice or the State Prosecutor of the place of residence and of the State where the main business seat is located. In the case of persons residing in Mexico City, the letter of no criminal records will be that issued by the Ministry of the Interior through the National Security Commission, and for persons who do not reside or have not resided in national territory for a period greater than three months, in substitution of the report and the letter mentioned, they must present the equivalent documents to those previously indicated, issued in the country of their residence. In the event that, to process the documents referred to in this numeral, the interested persons require a formal petition issued by the Commission, they must request it in writing to the Commission itself.

Only in the case where the undersigned has been subject to any process before tribunals of common or federal jurisdiction, criminal investigations, as well as any other that by its relevance must be declared by the applicant. Otherwise, the fields must be filled with "N/A".

Only in the case where the legal entity has been subject to any process before tribunals of common or federal jurisdiction, criminal investigations, as well as any other that by its relevance must be declared by the applicant. Otherwise, the fields must be filled with "N/A".

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