Resolution modifying the authorization granted to Almacenadora Accel, S.A., Credit Auxiliary Organization, to constitute and operate as a general warehouse

DOF: 30/04/2018

RESOLUTION by which the authorization granted to Almacenadora Accel, S.A., Credit Auxiliary Organization, to constitute and operate as a general warehouse is modified.

At the margin, a seal with the National Emblem, which reads: United Mexican States.- Ministry of Finance and Public Credit.- Undersecretariat of Finance and Public Credit.- Unit of Banking, Securities and Savings.- Office No. UBVA/054/2017.

RESOLUTION BY WHICH THE AUTHORIZATION GRANTED TO "ALMACENADORA ACCEL, S.A., CREDIT AUXILIARY ORGANIZATION" TO CONSTITUTE AND OPERATE AS A GENERAL WAREHOUSE IS MODIFIED.

The Ministry of Finance and Public Credit, through the Unit of Banking, Securities and Savings, based on the provisions of Articles 31, fraction VIII of the Organic Law of the Federal Public Administration, 5th, in relation with Article 8th, fraction XI, both of the General Law of Credit Auxiliary Organizations and Activities, and in exercise of the authority conferred by Article 27, fraction XXXIII of the Internal Regulations of the Ministry of Finance and Public Credit, as well as in attention to the following:

BACKGROUND

1. On March 14, 1933, this Ministry granted a concession to the company named "Almacenadora, S.A." to operate general warehouses, under the terms of the then in force General Law of Credit Institutions;

2. On January 3, 1990, the "Decree by which various provisions of the General Law of Credit Auxiliary Organizations and Activities are reformed, added to, and repealed" was published in the Official Gazette of the Federation, in whose Third Transitory Article it was established that general warehouses holding a concession would be deemed authorized to continue operating under the terms provided by said Law, by virtue of the reform to its Article 5th, contained in the aforementioned Decree;

3. By office 366-I-B-1723 dated March 17, 1997, published in the Official Gazette of the Federation on April 28, 1997, this Ministry modified the authorization granted to "Almacenadora, S.A." to record the change of its corporate name to "Almacenadora Accel, S.A., Credit Auxiliary Organization", organized now under the terms of the General Law of Credit Auxiliary Organizations and Activities;

4. By office UBVA/100/2008 dated July 16, 2008, this Ministry modified for the last time the authorization granted to "Almacenadora Accel, S.A., Credit Auxiliary Organization", due to the increase in its fixed capital without right to withdrawal, fully subscribed and paid, which reached the amount of $38,750,000.00 (THIRTY-EIGHT MILLION SEVEN HUNDRED FIFTY THOUSAND PESOS 00/100 M.N.);

5. By office UBVA/DGABV/543/2017 dated July 31, 2017, the Deputy General Directorate of Banking and Securities, attached to the Unit of Banking, Securities and Savings, approved the modification to Article Seventh of the Bylaws of "Almacenadora Accel, S.A., Credit Auxiliary Organization", resulting from the increase in its minimum fixed capital without right to withdrawal from the amount of $38,750,000.00 (THIRTY-EIGHT MILLION SEVEN HUNDRED FIFTY THOUSAND PESOS 00/100 M.N.) to $45,000,000.00 (FORTY-FIVE MILLION PESOS 00/100 M.N.), and

CONSIDERING

I. That Articles 11 and 11 Bis 2 of the General Law of Credit Auxiliary Organizations and Activities establish the activities and services that authorized general warehouses may provide under said Law;

II. That Article 12 Bis of the General Law of Credit Auxiliary Organizations and Activities establishes the minimum capital amounts necessary to constitute and organize new general warehouses, as well as to maintain already authorized ones in operation;

III. That any increase in the fixed portion of the social capital of general warehouses implies a statutory modification, which must be approved by this Ministry of Finance and Public Credit, under Article 8th, fraction XI of the General Law of Credit Auxiliary Organizations and Activities;

IV. That the last fixed social capital of "Almacenadora Accel, S.A., Credit Auxiliary Organization" registered with this Ministry amounts to $38,750,000.00 (THIRTY-EIGHT MILLION SEVEN HUNDRED FIFTY THOUSAND PESOS 00/100 M.N.) and, due to the increase referred to in Background 5 of this office, currently amounts to $45,000,000.00 (FORTY-FIVE MILLION PESOS 00/100 M.N.);

V. That since the fixed social capital of general warehouses is not a constant and may be subject to variations, it is convenient, in order to promote administrative simplification, to modify the authorization granted to "Almacenadora Accel, S.A., Credit Auxiliary Organization", to record, among other points, the minimum fixed capital fully subscribed and paid that the society must maintain at all times, independent of the capital variations determined by its shareholders; and

VI. That in view of the acts indicated in the Backgrounds and the Considerations of this office, this Ministry of Finance and Public Credit:

RESOLVES

To modify the authorization granted to "Almacenadora Accel, S.A., Credit Auxiliary Organization" to constitute and operate as a General Warehouse, to remain entirely under the following terms:

FIRST.-

In exercise of the authority conferred upon this Ministry by Article 5th of the General Law of Credit Auxiliary Organizations and Activities, the constitution and operation of a general warehouse under the name of "Almacenadora Accel, S.A., Credit Auxiliary Organization" is authorized.

SECOND.-

The duration of the society referred to in this Resolution shall be indefinite.

THIRD.-

The Society shall have as its object the carrying out of the operations and the provision of the services provided for in Articles 11 and 11 Bis 2 of the General Law of Credit Auxiliary Organizations and Activities and in the provisions emanating from it.

FOURTH.-

"Almacenadora Accel, S.A., Credit Auxiliary Organization" must comply, at all times, with the minimum subscribed and paid capital without right to withdrawal and with the accounting capital corresponding to it, in accordance with the legislation and regulation applicable to it.

FIFTH.-

The corporate domicile of "Almacenadora Accel, S.A., Credit Auxiliary Organization" is Mexico City.

SIXTH.-

The authorization referred to in this Resolution is, by its very nature, intransmissible.

SEVENTH.-

"Almacenadora Accel, S.A., Credit Auxiliary Organization" shall be subject to the inspection and supervision of the National Banking and Securities Commission and must observe at all times the provisions of the General Law of Credit Auxiliary Organizations and Activities, those issued by the National Banking and Securities Commission, the Bank of Mexico, and the Ministry of Finance and Public Credit, as well as other norms applicable by their very nature, and all other legislation and regulation applicable in the matter and that which is issued in the future.

TRANSITORY

SINGLE.-

This Resolution must be published in the Official Gazette of the Federation, at the expense of "Almacenadora Accel, S.A., Credit Auxiliary Organization".

Respectfully,

Mexico City, September 28, 2017.- The Head of the Unit, José Bernardo González Rosas.-

Rubric.

(R.- 466142)

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