2025-01-15 | DOF 5747168Added
The National Banking and Securities Commission revokes the authorization of Union de Credito Avicola de Jalisco, S.A. de C.V. to operate as a credit union due to its failure to provide sufficient evidence to refute the grounds for revocation under Article 97, Section II of the Credit Unions Law. The entity is prohibited from conducting operations and must enter dissolution and liquidation proceedings effective upon notification of this resolution. Within 60 business days of publication in the Official Gazette, the entity must prove that a liquidator was appointed in accordance with legal requirements; otherwise, the Commission will seek judicial appointment of a liquidator or cancellation of registration.
DOF: 15/01/2025
OFFICE LETTER through which the authorization granted to Union de Credito Avicola de Jalisco, S.A. de C.V., to operate as a Credit Union is revoked.
At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- Treasury.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.- Legal Vice Presidency.- General Litigation Directorate.- Office: P249/2024.- File: CNBV.2C.9.1 Revocation, 212, " 18/04/2024 - 18/04/ 2024 ", REV/289/EF/01.
Subject:
Revocation
of
authorization
to
continue
carrying
out
operations
as
a
Credit
Union
UNION DE CREDITO AVICOLA DE JALISCO, S.A. DE C.V.
Morelos Street No. 715, San Antonio el Alto Neighborhood, Postal Code 47640, Tepatitlán de Morelos, Jalisco.
[ ... ]
This National Banking and Securities Commission, based on what is provided in articles 97, section II, 99 and 100 of the Credit Unions Law (hereinafter LUC), first paragraph; 4, sections I, XI and XXXVIII, 5, 12 sections V and XV and 16, sections VI and XVII of the Law of the National Banking and Securities Commission (hereinafter LCNBV), in its capacity as a Decentralized Body of the Ministry of Finance and Public Credit, has as its objective to supervise and regulate within the scope of its competence the entities comprising the Mexican financial system, in order to ensure their stability and correct functioning, as well as to maintain and foster the sound and balanced development of said system as a whole, in protection of the interests of the public, authorize the constitution and operation of those entities indicated by the laws and, where applicable, agree to the revocation of said authorizations.
With the object of complying with said legal provisions, the present resolution revoking the authorization to continue operating as a Credit Union is issued, which was at one time granted to the society named UNION DE CREDITO AVICOLA DE JALISCO, S.A. DE C.V. (hereinafter Unavi, Credit Union, Entity or Society, interchangeably), in accordance with the following:
BACKGROUND
[ ... ]
CONSIDERATIONS
FIRST. COMPETENCE.
Based on what is provided in articles 97 first paragraph, section II of the Credit Unions Law, 2, 4, sections I, XI, and XXXVIII, 12 sections V and XV, 16, sections VI and XVII, of the LCNBV, in conformity with the referenced regulation, the National Banking and Securities Commission, as a Decentralized Body of the Ministry of Finance and Public Credit, is authorized to authorize the constitution and operation of credit unions and, where applicable, to agree to the revocation of said authorizations.
[ ... ]
Therefore, it is reasonable to conclude that, in conformity with the information available to this Commission, concatenated with the fact that said Credit Union did not provide sufficient elements to disprove the cause for revocation for which it was summoned, and much less offered an element of conviction to discredit said circumstance, which leads this Commission to the conviction that the cause for revocation for which UNION DE CREDITO AVICOLA DE JALISCO, S.A. DE C.V. was summoned has been actualized, established in article 97 section II of the Credit Unions Law.
[ ... ]
RESOLUTION
FIRST. This Decentralized Body, based on what is provided in article 97 section II as well as 99 and 100 of the aforementioned Credit Unions Law and 12, sections V and XV, of the Law of the National Banking and Securities Commission and in conformity with the ACCORD TENTH THIRD adopted by the Board of Directors of said Commission in its session held on December 10, 2024, and to the considerations exposed in the present resolution, REVOKES the authorization for the organization and functioning to operate as a Credit Union for UNION DE CREDITO AVICOLA DE JALISCO, S.A. DE C.V.
SECOND. From the date of notification of the present resolution, UNION DE CREDITO AVICOLA DE JALISCO, S.A. DE C.V. is unable to carry out operations and will be placed in a state of dissolution and liquidation, in accordance with what is provided in the last paragraph of article 99 of the Credit Unions Law.
THIRD. Based on articles 78 of the Credit Unions Law and 19 of the Law of the National Banking and Securities Commission, the Credit Union will certify to this Commission, within the term of 60 business days of publication of the present Resolution in the Official Gazette of the Federation, that the designation of the corresponding liquidator was carried out in accordance with what is established in article 100, section I, of the aforementioned law; in the contrary case, the National Banking and Securities Commission will promote before the competent judicial authority so that it designates the liquidator and if it finds impossibility to carry out said liquidation, so that it orders the cancellation of its inscription in the corresponding Public Registry of Commerce, in accordance with what is established in articles 100, section II and 102, of the Credit Unions Law.
FOURTH. [ ... ]
FIFTH. [ ... ]
Thus it was ruled by the President of the National Banking and Securities Commission, based on what is established in articles 16, sections VI and XVII, of the Law of the National Banking and Securities Commission and signed, in substitution for absence thereof, the Legal Vice President of this Commission, in conformity with what is provided in articles 3, section III, second paragraph, 4, section I, subsection A, section II, subsection A, clause 7), 9, 14 and 60 of the Internal Regulations of the National Banking and Securities Commission.
Respectfully
Mexico City, December 18, 2024.- Legal Vice President of the National Banking and Securities Commission, Lic. Ángel Salvador Vargas Mitre.- Rubric.
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