Resolution revoking the authorization of Única Casa de Cambio, S.A. de C.V. to operate as a currency exchange — SHCP — MX

DOF: 21/06/2021

RESOLUTION revoking the authorization granted to the company known as Única Casa de Cambio, S.A. de C.V., Auxiliary Credit Activity, to operate as a currency exchange.

A seal with the National Coat of Arms appears on the margin, which reads: United Mexican States.- FINANCE.- Ministry of Finance and Public Credit.- Secretary.- 100.- 048.

ÚNICA CASA DE CAMBIO, S.A. DE C.V.

PRESENT

ARTURO HERRERA GUTIÉRREZ, Secretary of Finance and Public Credit, based on the provisions of articles 31, fractions VIII and XXXII of the Organic Law of the Federal Public Administration; 1st, 81, 87 fraction IV and 87-A Bis of the General Law of Credit Auxiliary Organizations and Activities; in exercise of the attribution conferred upon me by article 6th, fraction XXII of the Internal Regulations of the Ministry of Finance and Public Credit; and in attention to the following:

BACKGROUND

Through official letter 101.-570 dated October 12, 2006, published in the Official Gazette of the Federation on November 17 of that same year, this Ministry authorized "Única Casa de Cambio, S.A. de C.V., Auxiliary Credit Activity" to carry out in a habitual and professional manner operations of purchase, sale, and exchange of foreign currency, including those carried out through transfer or transmission of funds with the public within national territory. The aforementioned authorization was last modified through official letter UBVA/101/2012 dated December 10, 2012, published in the Official Gazette of the Federation on January 7, 2013.

II.

Through writings received in the Banking, Securities and Savings Unit on December 2 and 23, both of 2019, "Única Casa de Cambio, S.A. de C.V., Auxiliary Credit Activity" submitted a certified copy of Public Deed No. 15,812 dated August 9, 2019, granted before the authority of Lic. Fernando Rodríguez Pérez, attached to Public Notary Office No. 2 of the Judicial District of Morelos, State of Chihuahua, acting as Public Notary due to temporary separation of its holder Lic. Fernando Rodríguez García, registered in the Public Registry of Property and Commerce of the State of Chihuahua, under commercial folio 23491 of November 7, 2019, in which the Minutes of the Extraordinary General Shareholders' Meeting held on May 20, 2019, were notarized, in which the shareholders of said Society agreed, among other things, as follows:

The early dissolution of the Society, in accordance with articles 87-A Bis of the General Law of Credit Auxiliary Organizations and Activities (LGOAAC) and 229, fraction III, of the General Law of Commercial Societies.
As a consequence of the foregoing, the liquidation of said Currency Exchange, and the designation of the person who shall act as Sole Liquidator.

III.

Through the writings mentioned in the previous Background and as a consequence of the agreements on early dissolution and liquidation taken by the Shareholders' Assembly, "Única Casa de Cambio, S.A. de C.V., Auxiliary Credit Activity" requested this Ministry to declare the revocation of the authorization granted to it to carry out in a habitual and professional manner operations of purchase, sale, and exchange of foreign currency, including those carried out through transfer or transmission of funds with the public within national territory, due to being in the cause provided for in article 87, fraction IV, of the General Law of Credit Auxiliary Organizations and Activities.

IV.

Through official letters UBVA/DGABV/008/2020 and UBVA/DGABV/009/2020, both of January 10, 2020, the Deputy General Directorate of Banking and Securities, attached to the Banking, Securities and Savings Unit of the Undersecretariat of Finance and Public Credit, requested the opinions of the Bank of Mexico and the National Banking and Securities Commission, respectively, which are required by article 87 fraction IV, of the General Law of Credit Auxiliary Organizations and Activities.

Likewise, through official letter UBVA/DGAAFVI/010/2020 of January 10, 2020, the aforementioned Deputy General Directorate of Banking and Securities requested the opinion of the Deputy General Directorate of Financial Analysis and International Linkage, both attached to the Banking, Securities and Savings Unit.

VI.

Through official letter OFI002-265 of March 20, 2020, the Bank of Mexico through the Subdirectorates of Authorizations and Regulation, and of Authorizations and Central Banking Queries, expressed its favorable opinion so that this Ministry revokes the authorization granted to "Única Casa de Cambio, S.A. de C.V., Auxiliary Credit Activity" to operate as a currency exchange.

VII.

Through official letters 311-69021/2020 and 142-3/83030/2020 of June 5, 2020, the National Banking and Securities Commission through the General Directors of Specialized Authorizations, and of Supervision of Groups and Financial Intermediaries E, expressed that it has no objection to continuing with the declaration of revocation of the authorization granted to said Society.

VIII.

That through official letter UBVA/DGAAFVI/234/2020 of July 2, 2020, the Deputy General Directorate of Financial Analysis and International Linkage attached to the Banking, Securities and Savings Unit of the Undersecretariat of Finance and Public Credit, expressed that from an accounting-financial point of view, it issues a favorable opinion for the revocation of the authorization granted to said Society to be declared; and

CONSIDERING

That this Ministry is competent to hear and resolve procedures for the revocation of authorizations granted for the carrying out of the activities indicated in Chapter I of Title Fifth of the General Law of Credit Auxiliary Organizations and Activities, in accordance with the provisions of articles 31, fractions VIII and XXXII of the Organic Law of the Federal Public Administration; 1st, 81 and 87 of the General Law of Credit Auxiliary Organizations and Activities and 6th, fraction XXII of the Internal Regulations of the Ministry of Finance and Public Credit.

That, for its part, the Banking, Securities and Savings Unit, an administrative unit attached to the Undersecretariat of Finance and Public Credit, is conferred by article 27, fractions IX and XXIII of the Internal Regulations of the Ministry of Finance and Public Credit, the faculty to propose, for superior approval, the revocation of authorizations to constitute, organize, operate and function, as well as provide services, as the case may be, granted to currency exchanges, and therefore to hear, initiate and follow up on the corresponding administrative revocation procedures;

That fraction IV of article 87 of the General Law of Credit Auxiliary Organizations and Activities establishes that the Ministry of Finance and Public Credit, with the opinion of the National Banking and Securities Commission and the Bank of Mexico and prior hearing of the interested society, may declare the revocation of the authorizations granted to currency exchanges, among other causes, due to the dissolution of the society.

To this effect, the aforementioned article 87, fraction IV, provides as follows:

" Article 87.- The Ministry of Finance and Public Credit, with the opinion of the National Banking and Securities Commission and the Bank of Mexico and prior hearing of the interested society, may declare the revocation of the authorization referred to in this chapter, in the following cases:

I to III ...

IV.

If it is dissolved, liquidated or bankrupt, unless in the bankruptcy procedure the rehabilitation is determined and the National Banking and Securities Commission expresses a favorable opinion to continue with the authorization; ... "

That with the obtaining of the opinions expressed through the official letters referred to in Backgrounds VI and VII of this official letter, by the Bank of Mexico and the National Banking and Securities Commission, the requirement of procedibility required by the first paragraph of article 87 of the General Law of Credit Auxiliary Organizations and Activities in administrative revocation procedures is satisfied; resulting also favorable for the declaration of revocation requested;

That within the administrative revocation procedure initiated by the Banking, Securities and Savings Unit against "Única Casa de Cambio, S.A. de C.V., Auxiliary Credit Activity", it was established that this society fell under the cause of revocation recorded in fraction IV of article 87 of the General Law of Credit Auxiliary Organizations and Activities, since through an Extraordinary General Assembly held on May 20, 2019, its shareholders resolved its early dissolution and liquidation, which was made known to this Ministry of Finance and Public Credit through the writings indicated in BACKGROUND II of this official letter which were accompanied by the corresponding probative documentation, which were added to the respective file;

That the dissolution of "Única Casa de Cambio, S.A. de C.V., Auxiliary Credit Activity", was determined voluntarily and unanimously by its shareholders with the intention of ceasing the carrying out of the activities and operations provided for and subject to prior authorization by article 81 of the General Law of Credit Auxiliary Organizations and Activities; and therefore, the requirement of prior hearing provided for in article 87 first paragraph of the relevant law is fulfilled, and

That the liquidation of "Única Casa de Cambio, S.A. de C.V., Auxiliary Credit Activity", must be adjusted to what is provided for in article 87-A Bis of the General Law of Credit Auxiliary Organizations and Activities, and carried out prioritizing at all times the protection of the rights of its creditors and the general public.

This Ministry of Finance and Public Credit, once all and each of the documentary elements in the file of the present matter have been valued; considering the technical opinions of the consulted bodies, issued through the various official letters that have been related, issues the following:

RESOLUTION BY WHICH THE REVOCATION OF THE AUTHORIZATION GRANTED TO THE SOCIETY KNOWN AS "ÚNICA CASA DE CAMBIO, S.A. DE C.V., AUXILIARY CREDIT ACTIVITY", TO OPERATE AS A CURRENCY EXCHANGE IS DECLARED

FIRST.

The revocation of the authorization granted by this Ministry of Finance and Public Credit to "Única Casa de Cambio, S.A. de C.V., Auxiliary Credit Activity" through official letter 101.-570 dated October 12, 2006, and last modified through diverse UBVA/101/2012 dated December 10, 2012, to carry out in a habitual and professional manner operations of purchase, sale, and exchange of foreign currency, including those carried out through transfer or transmission of funds with the public within national territory, is declared, in virtue of having materialized the cause recorded in fraction IV of article 87 of the General Law of Credit Auxiliary Organizations and Activities.

SECOND.

Based on the provisions of the second paragraph of article 87 of the General Law of Credit Auxiliary Organizations and Activities, this declaration of revocation must be registered in the corresponding Public Commerce Registry.

THIRD.

Based on the provisions of the second paragraph of article 87 of the General Law of Credit Auxiliary Organizations and Activities, this declaration of revocation of the authorization granted to "Única Casa de Cambio, S.A. de C.V., Auxiliary Credit Activity" must be published in the Official Gazette of the Federation, at the cost of said Society in liquidation.

FOURTH.

In virtue of what is stated in the RESOLUTIVE SECOND and THIRD above, "Única Casa de Cambio, S.A. de C.V., Auxiliary Credit Activity" must exhibit to this Ministry through the Banking, Securities and Savings Unit, a simple copy of the documentation in which the date and other data related to the mandated registration inscription are recorded, as well as the publication in the Official Gazette of the Federation; within the respective deadlines of ten business days counted from the next business day after each of said obligations have been fulfilled.

FIFTH.-

In terms of what is established by the Twenty-fourth, fraction VII and second and last paragraphs, of the General Provisions for the registration of providers of financial services, "Única Casa de Cambio, S.A. de C.V., Auxiliary Credit Activity" must inform through the Portal of the Registry of Providers of Financial Services (SIPRES) in charge of the National Commission for the Protection and Defense of Users of Financial Services (CONDUSEF), the dissolution of the society and send to said Commission a certified copy of the document in which said act is recorded, as well as register in said Registry the appointment of the liquidator.

SIXTH:

This resolution is notified to "Única Casa de Cambio, S.A. de C.V., Auxiliary Credit Activity", observing the requirements indicated in the applicable legal provisions.

Mexico City, April 26, 2021.- The Secretary, Mtro. Arturo Herrera Gutiérrez.- Signature.

(R.- 507649)

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