Resolution revoking Magistral, Agente de Seguros, S.A. de C.V.'s authorization for insurance intermediation activities — SHCP — MX

DOF: 01/07/2025

OFFICE LETTER imposing on Magistral, Insurance Agent, S.A. de C.V., the administrative sanction consisting of the revocation of the authorization granted by the National Insurance and Bonds Commission to that legal person agent to carry out intermediation activities.

At the margin, a seal with the National Coat of Arms, which says: United Mexican States.- Treasury.- Ministry of

Treasury and Public Credit.- National Insurance and Bonds Commission.- Presidency.- Legal

Directorate.- General Legal, Contentious and Sanctions Directorate.- Sanctions and Resources Directorate.

File: C00.422.21.2.3/001"21".- Office No. 06-C00-42000-20319/2023.

SUBJECT: RESOLUTION IS ISSUED.

REPRESENTATIVE OR ATTORNEY OF

MAGISTRAL, INSURANCE AGENT, S.A. DE C.V.

LEGAL PERSON INSURANCE AGENT.

RFC. MAS991029QI6.

AVENIDA HIDALGO NO. 1866, LADRÓN

DE GUEVARA COLONY, ZIP CODE 44680, GUADALAJARA, JALISCO.

RESOLUTION

Mexico City, October 20, two thousand twenty-three.

SEEN to resolve the file of the administrative sanctioning procedure against the legal person agent "Magistral, Insurance Agent, S.A. de C.V." (hereinafter Magistral), initiated before this authority due to the complaint filed by the attorney-in-fact of "Seguros Argos, S.A. de C.V." (hereinafter Seguros Argos) against said agent for allegedly having incurred in conduct that could fall under the provision of Article 32, Section I, of the current Regulations of Insurance Agents and Bonds Agents.

RESULTING:

Through a document received in the Clerk's Office of this National Insurance and Bonds Commission on June 30, 2021, Mr. Mario Alfredo Troncoso López, legal representative of Seguros Argos, based on the provisions of Articles 1°, 2, 3, 5, 6, 9, 12, 17, 19, 32, 34 and 35 of the current Regulations of Insurance Agents and Bonds Agents, filed a complaint against Magistral, attributing to it the commission of irregularities related to the intermediation it carried out for the contracting of insurance policies for workers in the educational sector, as well as the omission of delivery of information, documentation and premiums in the amount of $224 ' 908,254.09 (Two hundred twenty-four million nine hundred eight thousand two hundred fifty-four pesos 09/100 M.N.), conduct that could fall under the provision of Article 32, Section I, of the aforementioned Regulation.
By office 06-C00-42200-16963/2021 of July 12, 2021, notified the same day, issued by the then General Director of Legal, Contentious and Sanctions of this Commission, Seguros Argos was required to send various information and documentation related to the irregularities pointed out in the complaint document.
Through a document of July 26, 2021, received in the Clerk's Office of this Commission on the 29th of the same month and year, the legal representative of Seguros Argos responded to the requirement formulated in the aforementioned office 06-C00-42200-16963/2021, attaching various documentation.
Through office number 06-C00-42200-01869/2022 of March 9, 2022, notified on the 23rd following, this Decentralized Body summoned Magistral for the alleged non-compliance with the provision of Article 32, Section I, of the current Regulations of Insurance Agents and Bonds Agents.
By document of April 6, 2022, received in the Clerk's Office of this Commission the same day, the legal representative of Magistral exercised his right to a hearing by responding to the summons referred to in the previous paragraph, offering various evidence to prove his statement.
Through office 06-C00-42200-03635/2022 of May 19, 2022, notified to Magistral on the 24th of that month and year, the then General Director of Legal, Contentious and Sanctions of this Commission, required Magistral to provide various information and documentation.
Through a document of June 2, 2022 received in the Clerk's Office of this Commission the same day, the legal representative of Magistral, complied with the requirement formulated in office 06-C00-42200- 03635/2022 of reference.
Through a document of July 13, 2022 received in the Clerk's Office of this Commission the same day, the legal representative of Magistral, presented various documentation in extension to the requirement made through office 06-C00-42200-03635/2022 previously specified.
Through a document of August 3, 2022, received in the Clerk's Office of this Commission the same day, the legal representative of Seguros Argos, informed this Authority about "supervening events".
Through office 06-C00-42200-07140/2022 of August 23, 2022, the then Director of Sanctions and Resources of this Commission, responded to the document indicated in the previous paragraph.
Through office 06-C00-42200-07449/2022 of September 22, 2022, the then Director of Sanctions and Resources of this Commission, required Magistral to provide various information and documentation related to the document of August 3, 2022 presented by Seguros Argos.
Through a document of October 5, 2022, received in the Clerk's Office of this Commission the same day, the legal representative of Magistral, complied with the requirement formulated by office 06-C00- 42200-07449/2022, sending various information and documentation.
Through a document of November 3, 2022, received in the Clerk's Office of this Commission the same day, the legal representative of Seguros Argos, informed this Authority about the termination of its commercial relationship with Magistral.
Through office 06-C00-42200-10904/2022 of November 25, 2022, the General Legal, Contentious and Sanctions Directorate of this Commission, required Seguros Argos to provide various information and documentation related to its document of November 3, 2022.
Through a document of December 12, 2022, received in the Clerk's Office of this Commission the following day, Mr. Mario Alfredo Troncoso López, legal representative of Seguros Argos, complied with the requirement formulated by office 06-C00-42200-10904/2022, sending various information and documentation.
Through a document of February 7, 2023, received in the Clerk's Office of this Commission the same day, Ms. Lorena Díaz Vargas, legal representative of Seguros Argos, provided additional information on possible irregularities and infractions committed by Magistral, regarding insurance regulations.
Through a document of April 24, 2023, received in the Clerk's Office of this Commission the same day, Mr. Mario Alfredo Troncoso López, legal representative of Seguros Argos, requested that a pronouncement be issued regarding the complaint filed against Magistral.
Through office 06-C00-42200-04798/2023 of May 26, 2023, the General Director of Legal, Contentious and Sanctions of this Commission, required Seguros Argos to provide various information and documentation, related to its document of April 24, 2023.
Through a document of June 6, 2023, received in the Clerk's Office of this Commission on the 8th following, the legal representative of Seguros Argos complied with the requirement formulated by office 06-C00- 42200-04798/2023, sending various information and documentation.
By agreement of June 20, 2023, the evidence provided in the file cited in the heading were deemed admitted and complied with, and it was ordered to proceed to the analysis of the file in order to issue the resolution that corresponds in law.

CONSIDERING:

FIRST. The undersigned General Director of Legal, Contentious and Sanctions is competent to resolve the administrative sanctioning procedure cited in the heading as provided by Articles 2, Section I, 17, 26 and 31, Section VIII, of the Organic Law of the Federal Public Administration; 4, paragraph G, Section III, 48 and 49 of the Internal Regulations of the Ministry of Treasury and Public Credit; in relation to Articles 91, 93, 94, 366, Sections I, XIX and XXXIX, 367, first paragraph and Sections II and IV, 372, Section XXII and 373, of the Law of Insurance and Bonds Institutions; in relation to Articles 1, 2, 3, 4, Sections II and IV, subsection h), 11, Section II, of the Internal Regulations of the National Insurance and Bonds Commission, published in the Official Journal of the Federation on June 3, 2015; in relation to the Single Point, Section I, subsection b) and III, subsection b), of the Agreement of the Board of Directors of the National Insurance and Bonds Commission by which the administrative units of the National Insurance and Bonds Commission are organically attached, published in the Official Journal of the Federation on July 3, 2015; as well as in relation to Articles 1, Section VIII subsection c), 3, 27 Section V, 32, Section I, 34 and 35 of the Regulations of Insurance Agents and Bonds Agents, published in the Official Journal of the Federation on May 18, 2001; and with Points Third, subsection a), of the Agreement of the President of the National Insurance and Bonds Commission by which powers in matters of revocation of authorizations are delegated to public servants of said Commission, published in the Official Journal of the Federation on January 24, 2017.

SECOND. MAGISTRAL INSURANCE AGENT, S.A. DE C.V. HAS THE CHARACTER OF A LEGAL PERSON INSURANCE AGENT.

Article 91 of the LISF states that insurance agents are considered to be natural or legal persons who intervene in the contracting of insurance through the exchange of proposals and acceptance thereof, commercialization and advice to celebrate them, to conserve them or modify them, according to the best convenience of the contracting parties.

Number 93 of the aforementioned Law provides that for the exercise of the activity of insurance agent or bonds agent, authorization from the Commission is required.

Article 1°, Section VIII subsection c) of the Regulations of Insurance Agents and Bonds Agents states that an Agent is the natural or legal person authorized by the Commission to carry out intermediation activities in the contracting of insurance or bonds, which may be: legal persons constituted as anonymous societies to carry out said activities.

In this case, Magistral, Insurance Agent, S.A. de C.V., is authorized by the Commission for the exercise of the activity of legal person insurance agent, as can be seen from the records, the attorney-in-fact of Seguros Argos so stated in his complaint document, in addition to the fact that the representative of Magistral so pointed out in his document of April 6, 2022 by which he attended the summons identified in result 4 of this resolution, likewise on the official institutional page of this Commission the "DIRECTORY OF AUTHORIZED LEGAL PERSON AGENTS" is published, disseminated to protect users of financial services and consultable at https://www.gob.mx/cnsf/documentos/a in attention to "Chapter 32.12. Of the information that agents must make known to the public about their operation" of the current Unified Circular of Insurance and Bonds, therefore, Magistral meets the character of legal person insurance agent and is subject of the administrative sanctioning procedure cited in the heading.

THIRD.

ANALYSIS OF THE FILE.

The complaining party (Seguros Argos) complained essentially that Magistral committed irregularities related to the intermediation it carried out for the contracting of insurance policies for workers in the educational sector, as well as omitted to deliver information, documentation and premiums in the amount of $224 ' 908,254.09 (Two hundred twenty-four million nine hundred eight thousand two hundred fifty-four pesos 09/100 M.N.), this, according to what he stated in his document of July 26, 2021, from the period of November 30, 2020, date on which he received the last premium payment from Magistral to the month of May of 2021.

Therefore, Magistral allegedly incurred in conduct that could fall under the provision of Article 32, Section I, of the current Regulations of Insurance Agents and Bonds Agents, which is convenient to transcribe below:

"ARTICLE 32.- The Commission, prior to the hearing of the legal person agent, taking into account, if applicable, the elements that the Institutions may have provided, as well as the other affected persons, will revoke the authorization granted to legal person agents to carry out intermediation activities when:

I.- They cease to deliver to the Institutions the premiums entered or the documents and goods they receive on their behalf, in accordance with what is established by Article 24 of this Regulation ... "

From the transcription above, it is evident that this device states that:

The Commission, prior to the hearing of the legal person agent, taking into account, if applicable, the elements that the Institutions may have provided, as well as the affected persons, will revoke the authorization granted to legal person agents to carry out intermediation activities when:

They cease to deliver to the institutions:

The premiums entered or

The documents and goods they receive on their behalf, in accordance with Article 24 of the Regulations of Insurance Agents and Bonds Agents.

Under such conditions,

based on the provisions of Article 34 Section V, of the Regulations of Insurance Agents and Bonds Agents, this administrative authority proceeds to the analysis of the facts, arguments, elements and evidence provided in the administrative file cited in the heading, in order to resolve on the existence or non-existence of the infringement in question.

The complaining party, in its initial document, invoked the following facts:

FACT 1

In the first of the facts, the complainant states that it is an Insurance Institution duly authorized by this Decentralized Body.

The referenced fact is proven with the private documentary (exhibited by the complainant in its complaint document) consisting of instrument number 7,677 (seven thousand six hundred seventy-seven) of October 11, 2002 passed before the notary 212 of the Federal District now Mexico City, by which the constitution of Seguros Argos S.A. de C.V. as an Insurance Institution is made, in terms of office 366-IV-6057 of October 31, 2002 issued by the Ministry of Treasury and Public Credit; as well as the review of the list of regulated and supervised Institutions by this National Insurance and Bonds Commission consultable on the institutional electronic page https://listainstituciones.cnsf.gob.mx/.

FACT 2.

In its second fact, the complainant indicates that on December 15, 2002, it celebrated with Magistral, Insurance Agent, S.A. de C.V., a commercial contract so that through its channel insurance contracts focused specifically on workers in the educational sector would be intermediated.

The referenced fact is proven with the private documentary (exhibited by the complainant in its document of July 26, 2021) consisting of the commercial contract for the intermediation of insurance that Seguros Argos and Magistral celebrated on December 15, 2002.

In addition, in the statements made by Magistral in the response to the summons identified in result 4, it is evident that it expressly recognized that on December 15, 2002 Seguros Argos celebrated with Magistral a commercial contract so that through its channel insurance contracts focused specifically on workers in the educational sector would be intermediated.

For this reason, from the analysis of the cited evidence and records, it is evident that Seguros Argos and Magistral celebrated a commercial contract for the intermediation in the contracting of insurance that they celebrate, so based on Articles 200 and 203 of the Federal Code of Civil Procedures, which establish that the private document forms proof of the facts mentioned in it, as well as that the facts of the parties, asserted in the lawsuit, in the response or in any other act of the trial, will make full proof against whoever asserts them, without the need to offer them as evidence, these proofs have full probative value, therefore, it is proven that Magistral intermediated for Seguros Argos, the contracting of insurance focused specifically on workers in the educational sector.

FACT 3.

In its third fact, the complainant states that through notarial instrument number 228,173 of May 19, 2006, passed before the notary public number 6 of Mexico City, and notarial instrument number 8,075 of December 3, 2002, passed before the notary public number 212 of Mexico City, it granted to Magistral, Insurance Agent, S.A. de C.V., a special power of attorney with the object that it collect insurance premiums.

The referenced fact is proven with the private documents (exhibited by the complainant in its complaint document) consisting of:

a) Notarial instrument number 228,173 (two hundred twenty-eight thousand one hundred seventy-three) of May 19, 2006 passed before the notary 6 of the Federal District now Mexico City, by which Seguros Argos S.A. de C.V. grants to Magistral a special power of attorney but so broad, sufficient and fulfilled as required by law, so that in the name and representation of Seguros Argos it collects insurance premiums and issues receipts, receives checks in its own name in accordance with Article 24 of the Regulations of Insurance Agents and Bonds Agents, as well as to celebrate an agreement with the Coordination of Educational Services of the State of Colima and the Ministry of Education, of the same state for the sale of individual life insurance by payroll discount, as well as to carry out all the necessary administrative procedures for the fulfillment of said agreement and so that it can receive in its own name the payments that are generated in favor of Seguros Argos.

b) Notarial instrument number 8,075 (eight thousand seventy-five) of December 3, 2002 passed before the notary 212 of the Federal District now Mexico City, by which Seguros Argos grants in favor of Magistral a special power of attorney, but so broad, sufficient and fulfilled as required by law, so that in the name and representation of Seguros Argos it collects insurance premiums and issues receipts.

In addition, from the statements made by Magistral in the response to the summons identified in result 4, it is evident that it expressly recognized that the fact identified with number 3 of the complaint document is true, that is, that by notarial instrument number 228,173 of May 19, 2006, issued before the notary public number 6 of Mexico City, and notarial instrument number 8,075 of December 3, 2002, issued before the Notary Public number 212 of Mexico City, a special power of attorney was granted to Magistral with the object that it collect insurance premiums.

For this reason, from the analysis of the cited evidence and records, it is evident that Seguros Argos granted in favor of Magistral a special power of attorney, but so broad, sufficient and fulfilled as required by law so that in the name and representation of Seguros Argos it collects insurance premiums and issues receipts, receives checks in its own name in accordance with Article 24 of the Regulations of Insurance Agents and Bonds Agents, as well as to celebrate an agreement with the Coordination of Educational Services of the State of Colima and the Ministry of Education, of the same state for the sale of individual life insurance by payroll discount, as well as to carry out all the necessary administrative procedures for the fulfillment of said agreement and so that it can receive in its own name the payments that are generated in favor of Seguros Argos, in terms of Article 2554 of the Civil Code in force in the Federal District, now Mexico City, so based on Articles 200 and 203 of the Federal Code of Civil Procedures, which establish that the private document forms proof of the facts mentioned in it, as well as that the facts of the parties, asserted in the lawsuit, in the response or in any other act of the trial, will make full proof against whoever asserts them, without the need to offer them as evidence, these proofs have full probative value, therefore, it is proven that Seguros Argos granted in favor of Magistral a special power of attorney, but so broad, sufficient and fulfilled as required by law so that in the name and representation of Seguros Argos it collects insurance premiums and issues receipts, receives checks in its own name in accordance with Article 24 of the Regulations of Insurance Agents and Bonds Agents, as well as to celebrate an agreement with the Coordination of Educational Services of the State of Colima and the Ministry of Education, of the same state for the sale of individual life insurance by payroll discount, as well as to carry out all the necessary administrative procedures for the fulfillment of said agreement and so that it can receive in its own name the payments that are generated in favor of Seguros Argos in terms of Article 2554 of the Civil Code in force in the Federal District, now Mexico City.

FACT 4.

In the fourth of the facts, the complainant states that as a result of Magistral's intermediation, Seguros Argos issued the policies generating a total of premiums payable by the insured and in favor of my principal in the amount of $224,908,254.09 (Two Hundred Twenty-Four Million Nine Hundred Eight Thousand Two Hundred Fifty-Four Pesos 09/100, M.N.), amount that was received by Magistral in its bank account number 868 at Banamex on various dates, by the form of installment payment determined by the parties.

The referenced fact is proven with the USB electronic device (exhibited by the complainant in its document of July 26, 2021) containing the documentation of the insurance policies of the workers in the educational sector.

Now well, from the statements made by Magistral in the response to the summons identified in result 4, it is evident that regarding the fact identified with number 4, it expressly recognized that it is true that it intermediated insurance contracts with multiple insured proposers for Seguros Argos, however, that the issuance of policies corresponds to the latter, that as for the amount of the policies it denies it for not having elements to pronounce itself, that they are documents issued by the insurer to the month of June 2021.

For this reason, from the analysis of the cited evidence and records, it is evident that Magistral intermediated insurance contracts for Seguros Argos and that this issued the policies referred to from the period according to what it states in its document of July 26, 2021, that is, from November 30, 2020, the date on which it received the last premium payment from Magistral to the month of May of 2021, amount reported in the mentioned complaint, so based on Articles 200, 203 and 210-A of the Federal Code of Civil Procedures, which establish that the private document forms proof of the facts mentioned in it, that the information generated or communicated that is recorded in electronic, optical or any other technology is recognized as evidence, as well as that the facts of the parties,

asserted in the lawsuit, in the answer, or in any other act of the trial, shall constitute full proof against the party asserting them, without the need to offer them as evidence; such evidence has full probative value. Therefore, it is established that Magistral intermediated insurance contracts for Seguros Argos and that the latter issued the policies referred to in the period stated in its writing dated July 26, 2021, that is, from November 30, 2020, the date it received the last premium payment from Magistral, to May 2021, amount reported in the aforementioned complaint.

Regarding the generation of a total of premiums payable in favor of Seguros Argos in the amount of $224,908,254.09 (Two Hundred Twenty-Four Million Nine Hundred Eight Thousand Two Hundred Fifty-Four Pesos 09/100 M.N.), an amount received by Magistral, it is evident from the records that said amount, if applicable, was collected by Magistral in accordance with notarial instruments numbers 228,173 and 8,075 already identified, by which Seguros Argos granted Magistral, among other powers, a special power but so broad, sufficient, and complete as required by law, so that in the name and representation of Seguros Argos it could collect insurance premiums, so that in terms of article 2554 of the Civil Code in force in the Federal District, now Mexico City, said power is understood to be conferred without any limitation and it is understood that the collection of said premiums was collected by Seguros Argos.

FACT 5.

In the fifth fact, the complainant states that since the date Magistral received the described premiums, it has abstained from delivering them to Seguros Argos, putting the operation at risk and causing damages and losses to its represented party. Additionally, it indicates that it has knowledge that multiple withdrawals have been made from Magistral's aforementioned bank account, the destination of which is unknown, which presumptively could constitute a diversion of premiums.

The referenced fact is established with private documentary evidence (exhibited by the complainant in its complaint writing) consisting of:

a) Notarial instrument number 228,173 (two hundred twenty-eight thousand one hundred seventy-three) of May 19, 2006, passed before Notary 6 of the Federal District, now Mexico City, by which Seguros Argos S.A. de C.V. grants Magistral a special power but so broad, sufficient, and complete as required by law, so that in the name and representation of Seguros Argos it could collect insurance premiums and issue receipts, receive checks in its own name in accordance with article 24 of the Regulations for Insurance and Surety Agents, as well as to enter into an agreement with the Coordination of Educational Services of the State of Colima and the Ministry of Education of the same state for the sale of individual life insurance via payroll discount, as well as to carry out all necessary administrative procedures for the fulfillment of said agreement and to receive in its own name the payments generated in favor of Seguros Argos.

b) Notarial instrument number 8,075 (eight thousand seventy-five) of December 3, 2002, passed before Notary 212 of the Federal District, now Mexico City, by which Seguros Argos grants in favor of Magistral a special power, but so broad, sufficient, and complete as required by law, so that in the name and representation of Seguros Argos it could collect insurance premiums and issue receipts.

Now, from the statements made by Magistral in the answer to the summons identified in result 4, it is evident that it expressly recognized that the fact identified with numeral 5 of the complaint writing is false, that is, that since the date Magistral received the described premiums, it has abstained from delivering them to Seguros Argos, putting the operation at risk and causing damages and losses to the latter, that it has knowledge that, in the aforementioned bank account of Magistral, multiple withdrawals have been made whose destination is unknown, in addition to stating that the receipt of premiums was made in the consolidating account, but that Seguros Argos disposed of said account, which presumptively could constitute a diversion of premiums.

It also made known that on October 19, 2021, Seguros Argos and Magistral celebrated a new intermediation agreement, so it is presumed that Magistral continued to intermediate and collect premiums in the name of Seguros Argos as will be established later.

Similarly, Seguros Argos in its writing of November 3, 2022, informed that it was until December 1, 2022, that the termination of the business relationship with Magistral took effect.

For this reason, from the analysis of the cited evidence and records, it is evident that Magistral received the mentioned premiums in accordance with notarial instruments numbers 228,173 and 8,075 already identified, by which Seguros Argos granted Magistral, among other powers, a special power but so broad, sufficient, and complete as required by law, so that in the name and representation of Seguros Argos it could collect insurance premiums, so that in terms of article 2554 of the Civil Code in force in the Federal District, now Mexico City, said power is understood to be conferred without any limitation and it is understood that said premiums were collected by Seguros Argos, so that, based on articles 200 and 203 of the Federal Code of Civil Procedures, which establish that private documents form proof of the facts mentioned in them, as well as that the facts proper to the parties, asserted in the lawsuit, in the answer, or in any other act of the trial, shall constitute full proof against the party asserting them, without the need to offer them as evidence, such evidence has full probative value; therefore, it is established that Magistral received the mentioned premiums in accordance with notarial instruments numbers 228,173 and 8,075 already identified, by which Seguros Argos granted Magistral, among other powers, a special power but so broad, sufficient, and complete as required by law, so that in the name and representation of Seguros Argos it could collect insurance premiums, so that in terms of article 2554 of the Civil Code in force in the Federal District, now Mexico City, said power is understood to be conferred without any limitation and it is understood that said premiums were collected by Seguros Argos.

FACT 6.

In the sixth fact, the complainant states that by notarial instrument number 5,830 dated February 3, 2021, passed before Public Broker number 36 of Guadalajara, Jalisco: "... I notified and required MAGISTRAL AGENTE DE SEGUROS, S.A. DE C.V., the situation that my principal had not received the premiums of the policies issued through its channel, requesting it to carry out the necessary collection procedures, of course, aimed at delivering them to my principal, which did not happen ...".

The referenced fact is established with private documentary evidence (exhibited by the complainant in its complaint writing) consisting of act number 5,830 (five thousand eight hundred thirty) of February 3, 2021, passed before Public Broker 36 of the State of Jalisco, by which Seguros Argos requested the aforementioned notary to perform a notification to Magistral regarding the notice of request for payment of premiums for the policies of education workers.

FACT 7.

In the seventh fact, the complainant states that by notarial instrument number 5,831 dated February 4, 2021, passed before Public Broker number 36 of Guadalajara, Jalisco: "... I notified and required MAGISTRAL AGENTE DE SEGUROS, S.A. DE C.V., the situation of an improper disposition by said agent, of the amount of $22,500,000.00 (Twenty-Two Million Five Hundred Thousand Pesos 00/100, M.N.) that it had received by concept of insurance premiums issued by my principal in the consolidating account destined for this effect, likewise, I required said agent to deliver the premiums deposited in its account by the insured and derived from the policies issued by my principal, which it did not do ...".

The referenced fact is established with private documentary evidence (exhibited by the complainant in its complaint writing) consisting of act number 5,831 (five thousand eight hundred thirty-one) of February 4, 2021, passed before Public Broker 36 of the State of Jalisco, by which Seguros Argos requested the aforementioned notary to perform a notification to Magistral regarding the notice of request for immediate monetary return of the improper withdrawals from the account where the premiums of education workers are deposited, as well as the payment of said policies.

FACT 8

In the eighth fact, the complainant states that by notarial instrument number 5,863 dated March 31, 2021, which was attached to the complaint writing, Seguros Argos notified Magistral of the revocation of the power granted, in addition to requiring it to return, within a period of 3 business days from said notification, all documents related to Seguros Argos such as: documents, instruments, or writings, including the obligation to notify retainers and clients of the revocation of its faculties, information that to the date of the complaint had not been delivered to Seguros Argos.

The referenced fact is established with private documentary evidence (exhibited by the complainant in its writing of July 26, 2021) consisting of act number 5,863 (five thousand eight hundred sixty-three) of March 31, 2021, passed before Public Broker 36 of the State of Jalisco, by which Seguros Argos requested the aforementioned notary to perform a notification to Magistral where it informs the revocation of the powers that Seguros Argos granted in favor of Magistral, requesting that within a period of 3 business days it return all documents related to the insurance of education workers.

Furthermore, for the clarification of this fact, information and documentation were requested from Seguros Argos through office identified in result 18, and Seguros Argos by writing identified in result 19 sent notarial instrument 99,038 of March 22, 2021, notified to Magistral on the 31st of that month and year, by which the power granted to Magistral through instruments 8,075 and 228,173 already identified is revoked.

Now, from the statements made by Magistral in the answer to the summons identified in result 4, it is evident that it expressly recognized that the fact identified with numeral 8 of the complaint writing is true, that is, that by notarial instrument number 5,863 Seguros Argos notified Magistral of the revocation of the power granted, in addition to requiring it to return, within a period of 3 business days from said notification, all documents related to Seguros Argos such as: documents, instruments, or writings, including the obligation to notify retainers and clients of the revocation of its faculties, information that to the date of the complaint had not been delivered to Seguros Argos, clarifying that due to the resumption of the commercial relationship between Argos and Magistral, the granting of new mandates and intermediation is pending.

Nevertheless, after the answer to the summons, Magistral attached the intermediation agreement celebrated on October 19, 2021, with Seguro Argos, as well as from the records it is evident that it was the will of Seguros Argos to continue celebrating subsequent commercial contracts with Magistral for the intermediation of insurance, even, through act number 6,337 (six thousand three hundred thirty-seven) of November 3, 2022, passed before Public Broker 36 of the State of Jalisco, Seguros Argos requested the aforementioned notary to perform a reliable notification to Magistral regarding the notice of early and definitive termination of the commercial contract for the intermediation in the contracting of insurance celebrated by Seguros Argos and Magistral of September 2, 2022, a date subsequent to which it had presumably revoked said powers to Magistral.

Furthermore, in the records there is a commercial contract for intermediation in the contracting of insurance celebrated by Seguros and Magistral dated January 1, 2022, from which it is evident that it was the will of Seguros Argos that Magistral continue to collect premiums in its name and representation for the insurance of education workers.

Especially since in the records there is a writing signed by Seguros Argos and Magistral dated June 23, 2022, addressed to the General Secretary of Section 49 of the National Union of Education Workers (SNTE) in the State of Nayarit, by which they agree on direct payment to Seguros Argos for the freezing of the consolidating account for the payment of premiums, to reactivate the customer service, commercialization, and payment of services and obligations regarding education workers, that since March 3, 2022, the account was unfrozen, so these services will be resumed.

Similarly, in the records there is a writing of October 5, 2022, by which Magistral expressly manifested that the contractual relationship between Seguros Argos and Magistral was still in effect on that date, so the delivery of documentation was not required in the terms proposed by the Commission, a statement that Seguros Argos did not contest but rather, Seguros Argos by writing of November 3, 2022, made known that on December 1, 2022, the termination of the business relationship with Magistral took effect.

For this reason, from the analysis of the cited evidence and records, it is evident that although by notarial instrument number 5,863, Seguros Argos notified Magistral of the revocation of the power granted, however, it was the will of Seguros Argos that Magistral continue to collect in its name and representation the premiums of the insurance of education workers, therefore, based on articles 200 and 203 of the Federal Code of Civil Procedures, which establish that private documents form proof of the facts mentioned in them, as well as that the facts proper to the parties, asserted in the lawsuit, in the answer, or in any other act of the trial, shall constitute full proof against the party asserting them, without the need to offer them as evidence, it is established that although by notarial instrument number 5,863, Seguros Argos notified Magistral of the revocation of the power granted, however, it was the will of Seguros Argos that Magistral continue to collect in its name and representation the premiums of the insurance of education workers.

Furthermore, Seguros Argos by writing of August 3, 2022, made known to this authority that it determined to conclude the commercial relationship with Magistral, as well as the commercial contract of January 1, 2022, that it made this notification to Magistral with act 6,270 dated August 2 of that year issued by Public Broker number 36 of the State of Jalisco.

In this sense, it is not lost sight of that, although Seguros Argos notified Magistral of the revocation of the mandate granted in the terms indicated above, it will respond, if applicable, for the acts of the agent executed after the revocation in terms of article 2597 of the Civil Code for the Federal District, now Mexico City.

FACT 9

In the ninth fact, the complainant states that despite the requirements formulated to the agent MAGISTRAL, AGENTE DE SEGUROS, S.A. DE C.V. to deliver the information and documentation, to date it has not done so, generating that my principal has the need to initiate the present procedure.

Now, from the statements made by Magistral in the answer to the summons identified in result 4, it is evident that it expressly recognized that the fact identified with numeral 9 of the complaint writing is false, that is, that despite the requirements formulated to the agent MAGISTRAL, AGENTE DE SEGUROS, S.A. DE C.V. to deliver the information and documentation related to the intermediation it carried out for the contracting of insurance policies of education workers, to date it has not delivered it.

Additionally, from the records, it is evident that Magistral in its writing of October 5, 2022, manifests and expressly recognizes that, on that date, "... the contractual relationship between both companies is in effect, for which reason the delivery of documentation does not correspond ...".

Statements made in the writing of October 5, 2022, which constitute an express confession, admissible in the trial of amparo and with full probative value, in accordance with what is established in articles 199 and 200 of the Federal Code of Civil Procedures, of supplementary application to the Law of Insurance and Surety Institutions, since from them it is evident that Magistral recognizes that it did not deliver the documentation related to the insurance and policies of education workers.

Additionally, from the records, it is evident that Seguros Argos in its writing of February 7, 2023, manifests and expressly recognizes that, on that date, Magistral, "... has abstained from providing this insurance institution with all the information and documentation concerning the activity carried out as an agent, neither during the intermediation relationship that remained in effect with my represented party nor after its termination ...".

Statements made in the writing of February 7, 2023, which constitute an express confession, admissible in the trial of amparo and with full probative value, in accordance with what is established in articles 199 and 200 of the Federal Code of Civil Procedures, of supplementary application to the Law of Insurance and Surety Institutions, since from them it is evident that Seguros Argos recognizes that Magistral did not deliver the documentation related to the insurance and policies of education workers.

For this reason, from the analysis of the cited evidence and records, it is evident that, despite, the requirements formulated to Magistral to deliver the information and documentation, to date it has not done so, so that, based on articles 200 and 203 of the Federal Code of Civil Procedures, which establish that private documents form proof of the facts mentioned in them, as well as that the facts proper to the parties, asserted in the lawsuit, in the answer, or in any other act of the trial, shall constitute full proof against the party asserting them, without the need to offer them as evidence, such evidence has full probative value; therefore, it is established that Magistral did not deliver to Seguros Argos the documentation related to the insurance and policies of education workers.

FOURTH.

DECISION.

Once the arguments, elements, and evidence provided in the administrative file cited in the rubric have been analyzed, having the records of said file in view, taking into account the reasoning exposed in the previous Consideration, the following results:

a) Regarding Magistral's failure to deliver to the said Institution the amount of the premiums in question.

As evident from the records, contrary to what Seguros Argos maintains, Magistral did not fail to deliver to the said Institution the amount of the premiums referred to, this, because Seguros Argos granted through instruments 228,173 (two hundred twenty-eight thousand one hundred seventy-three) and 8,075 (eight thousand seventy-five) already identified in the previous Consideration, a special power but so broad, sufficient, and complete as required by law, so that in the name and representation of Seguros Argos it could collect insurance premiums of education workers, in terms of article 2554 of the Civil Code in force in the Federal District, now Mexico City, so that said power is understood to be conferred without any limitation and it is understood that said premiums were collected by Seguros Argos.

Indeed, Magistral expressly manifested that it was until December 1, 2022, that the termination of the business relationship with Magistral took effect, a date after which it also expressly recognized that Magistral omitted to deliver the amount of said insurance premiums, statements made in its writings dated July 26, 2021, and November 3, 2022, which constitute an express confession, with full probative value, in accordance with what is established in articles 199 and 200 of the Federal Code of Civil Procedures, of supplementary application to the Law of Insurance and Surety Institutions, since from them it is evident that Seguros Argos granted Magistral a special power but so broad, sufficient, and complete as required by law, so that in the name and representation of Seguros Argos it could collect insurance premiums of education workers; consequently, the infringement consisting of Magistral failing to deliver to Seguros Argos an amount by concept of insurance premiums in the amount of $224,908,254.09 (Two Hundred Twenty-Four Million Nine Hundred Eight Thousand Two Hundred Fifty-Four Pesos 09/100 M.N.), from the period of November 30, 2020, to May 2021, is not established.

b) Regarding Magistral's omission to deliver to Seguros Argos the information and documentation related to the insurance of education workers, received by its account in accordance with article 24 of the Regulations for Insurance and Surety Agents.

This Commission determines that it is indeed established for the following considerations.

From the records, it is evident that Seguros Argos granted through instruments 228,173 (two hundred twenty-eight thousand one hundred seventy-three) and 8,075 (eight thousand seventy-five) already identified in the previous Consideration, a special power but so broad, sufficient, and complete as required by law, so that in the name and representation of Seguros Argos it could collect insurance premiums and issue receipts, receive checks in its own name in accordance with article 24 of the Regulations for Insurance and Surety Agents, so that the information and documentation, related to the insurance of education workers, was received by Magistral by its account in accordance with article 24 of the Regulations for Insurance and Surety Agents.

Infringement that is established because in the complaint writing, Seguros Argos expressly recognized that: "... Despite the requirements formulated to the agent MAGISTRAL, AGENTE DE SEGUROS, S.A. DE C.V. to deliver the information and documentation ..., to date it has not done so, generating that my principal has the need to initiate the present procedure ...".

Said statement that Magistral did not contest, but rather expressly recognized in its writing of October 5,

October 2022 that: "... the contractual relationship between Seguros Argos and Magistral is in effect, therefore the delivery of documentation ...". Statements made in its writing dated October 5, 2022, which constitute an express confession, with full probative value, in accordance with what is established in articles 199 and 200 of the Federal Civil Procedure Code, applicable suppletorily to the Law of Insurance and Surety Institutions, since from them it is evident that Magistral omitted to deliver to Seguros Argos the information and documentation related to the insurance of workers in the educational sector, received by its account in accordance with article 24 of the Regulation of Insurance and Surety Agents; consequently, the infringement consisting of Magistral failing to deliver to Seguros Argos the information and documentation related to the insurance of workers in the educational sector, received by Magistral by its account in accordance with article 24 of the Regulation of Insurance and Surety Agents in terms of article 32, fraction I of the aforementioned Regulation, is indeed established.

Since it has been proven that the infringement consisting of Magistral omitting to deliver to Seguros Argos the information and documentation related to the insurance of workers in the educational sector, received by its account in accordance with article 24 of the Regulation of Insurance and Surety Agents, in terms of article 32 fraction I of the Regulation of Insurance and Surety Agents, has occurred, and it has not been proven that Magistral has repaired the damage to Seguros Argos, but rather that it was proven in the record that Magistral recognized that it did not deliver said documentation; consequently, based on what is established by the cited numeral

IT IS IMPOSED ON MAGISTRAL, AGENTE DE SEGUROS, S.A. DE C.V., THE ADMINISTRATIVE SANCTION CONSISTING IN THE REVOCATION OF THE AUTHORIZATION GRANTED TO SAID LEGAL ENTITY AGENT TO CARRY OUT INTERMEDIATION ACTIVITIES.

In terms of what has been stated and founded, it is to be resolved, and it;

RESOLVES:

FIRST. The undersigned General Director of Legal, Contentious and Sanctions Affairs is competent to resolve the administrative sanctioning procedure in terms of what is established by Consideration FIRST of this Resolution.

SECOND. For the reasons exposed in Considerations Third and Fourth, the infringement consisting of Magistral failing to deliver to Seguros Argos the amount for the concept of insurance premiums in the amount of $224,908,254.09 (Two hundred twenty-four million nine hundred eight thousand two hundred fifty-four pesos 09/100 M.N.), for the period from November 30, 2020 to May 2021, is not established; consequently, the inadmissibility of imposing a sanction regarding the aforementioned conduct is declared.

THIRD. For the reasons exposed in Considerations Third and Fourth, the infringement consisting of the legal entity agent Magistral, Agente de Seguro, S.A. de C.V., omitting to deliver to Seguros Argos the information and documentation related to the insurance of workers in the educational sector, received by its account in accordance with article 24 of the Regulation of Insurance and Surety Agents, in terms of article 32 fraction I of the Regulation of Insurance and Surety Agents, is established; therefore, based on what is established by articles 27, fraction V, and 32, fraction I, of the Regulation of Insurance and Surety Agents, IT IS IMPOSED ON MAGISTRAL, AGENTE DE SEGUROS, S.A. DE C.V., THE ADMINISTRATIVE SANCTION CONSISTING IN THE REVOCATION OF THE AUTHORIZATION GRANTED BY THIS COMMISSION TO SAID LEGAL ENTITY AGENT TO CARRY OUT INTERMEDIATION ACTIVITIES, so that, in order to execute the aforementioned sanction, the corresponding annotations are made in the Electronic System under the charge of this Commission; therefore, Magistral, Agente de Seguros, S.A. de C.V., may not continue carrying out intermediation activities.

FOURTH. Publish this resolution in the Official Gazette of the Federation and register it in the Public Commerce Registry, in accordance with what is established in article 32, last paragraph, of the Regulation of Insurance and Surety Agents, due to the significance of the issuance of this resolution, publish it on the official institutional website of this Commission.

FIFTH. Through official letters addressed to the parties, based on what is established by articles 7 and 459 of the Law of Insurance and Surety Institutions, notify this resolution.

SIXTH. Integrate this resolution into its file and archive it as a matter totally and definitively concluded.

This is what the General Director of Legal, Contentious and Sanctions Affairs resolved and signed.

Respectfully,

Mexico City, October 20, 2023.- The General Director of Legal, Contentious and Sanctions Affairs, Mtra. Laura Hernández Chávez.- Signature.

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