UNIVERSITY OF GUADALAJARA

Commercial Law Disciplinary Case Study

DISCIPLINARY CASE STUDY OF COMMERCIAL LAW

CONTENT:

1. General information of the course.

- Relationship with the graduation profile.
- Relationship with the study plan.
- Professional field of application.

2. Description.
- General objective of the course.
- Partial or specific objectives.
- Thematic content.
- Introduction to the Case
- Conceptual structure of the course.
- Methodology.
- Evaluation mode.
- Elements of the development of the learning unit.
- Teacher profile.

3. Basic bibliography.

4. Complementary bibliography.

5. Planning of activities by iteration and session (available in digital file).

- Schedule.
- Course mapping.

Annex I. Description of activities.

Annex II. Description of deliverables and evaluation rubrics.
Annex III. Virtualization of the Case Study on the Moodle platform
Annex IV. “FICREA case: from legality to the vulnerability of popular savings and credit.”
Annex V. Supplement 1 of the Case: Letter of Revocation of Authorization granted to FICREA SA de CV,
SFP
Annex VI. Supplement 2 of the Case: Letter of Authorization of Operations to FICREA SA de CV, SFP
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
1. GENERAL INFORMATION OF THE COURSE1

2
Denomination: Type: Workshop Level : Undergraduate.
Disciplinary case study of
Commercial Law

Training area: Modality: 󠄀󠄀Mixed Prerequisites:

Development of global Commercial Law I
competencies. Commercial Law II
Commercial Law III
Commercial Procedural Law

Hours: 18 Theory; 37 Practice; 55 Credits: 4 CNR:

Total

Prepared by: Martínez Márquez, Marco Antonio; Muñoz García, Martha Production date: November 2017
María de los Ángeles; Pinedo Muñoz, Ma. Conception. Díaz Márquez,
Blanca Azucena; Pinto Soriano, Elvira; Ávila Nava, Carlos Javier.

Relationship with the graduation profile3

It is appropriate to emphasize the importance of linking the academic world with the work world in which
students will be able to work; starting from developing skills to analyze the social, economic and political context
that influences a legal phenomenon, identifying the commercial problem to be solved, formulating hypotheses,
establishing alternative solutions and putting them into practice, increasing that sense of belonging and
usefulness to society from the university to achieve a humanistic training.

This case study contributes to ensuring that the student interprets and applies the Law to resolve commercial
conflicts arising from a special commercial trial, argues orally and in writing what emerges from their legal
analysis and can communicate it optimally. making use of information and communication technologies in
professional performance with a transnational global vision, and implementing social actions that improve the
environment in which it operates.

Relationship with the curriculum4

The commercial disciplinary case study is offered in the seventh semester of the Law degree; At that time, the
students have studied the bases of Civil Law and specifically the block corresponding to the subject of
Commercial Law I, II, III and Commercial Procedural Law. With this precedent, we have the knowledge to
address the legal situation that is intertwined by comprehensively relating the contents that have already been
addressed, such as:
● Theory of obligations.
● Commercial acts.

1 This format was worked based on the terms of reference of article 21 of the General Regulations of Study Plans of the University of Guadalajara.
2 Record in this section of the format the data that relates the program to the opinion such as: name, credits, theory hours, practical hours, credits, among
others.
3 Review result 16 of HCGU opinion I/2016/438, to identify and describe the elements of the program's relationship with the graduation profile.
4 Based on a general understanding of the opinion, record the considerations that identify and relate this course to the Lawyer study plan.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
● Commercial subjects.
● Titles and Credit Operations.
● Financial intermediation.
● Commercial companies.
● Commercial contracts.
● Crimes in financial intermediation.
● Ordinary, executive and special commercial trial.
● Jurisdiction of the courts.

Field of professional application of knowledge that promotes the development of the Learning unit

Judiciary: federal, state and local level (magistrates, first and second instance judges), administrative officials
of the judicial system.
State Administration: public defender, advisor to State bodies and legislators.
Advocacy and general legal activities: applicant lawyer, legal advisor or consultant to private institutions,
public broker, arbitrator, mediator and conciliator of commercial conflicts.
Teaching and research in public and private institutions: members of legal education institutions.

2. DESCRIPTION

General objective of the course

In this disciplinary case study workshop in commercial law, the student interprets the commercial legal
framework from theoretical and practical aspects that allow him to provide advice to entities that have
evaluation and authorization processes, as well as to users who within the financial system have trusted their
money to credit entities and, finally, analysis of the actions of the authorities of the Mexican financial system
when they exercise their powers in authorization and supervision processes.

Partial or specific objectives

Identify characteristics, functions and legal obligations of financial companies and authorities of the Mexican
financial system.
Estimate the various legal approaches to the case presented and its repercussions.
To evaluate the financial education of a group of the user population of the Mexican financial system.
Design strategies to resolve observations derived from authorization and supervision processes of financial
companies.
Build a proposal to reform commercial legislation in order to perfect Mexican commercial law.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study

Thematic content5
The disciplinary case study of Commercial Law is made up of 7 iterations of the phases of the case study that
delve into specific topics related to the authorization and supervision of credit institutions, understood as
auxiliary credit organizations, topics that are also relevant for the professional. of the law that operates in the
commercial area.

1 I -1 Identification of the financial company.

1.1 Popular financial society.
1.2 Savings and popular credit.
1.3 Active and passive operations of SOFIPOS.
1.4 Administration of SOFIPOS.
1.5 Related legal disciplines.
1.5.1 Commercial Law.
1.5.2 Criminal Law.
1.5.3 Administrative Law.
1.5.4 Labor Law.
1.5.5 Tax Law.

2 I-2 Subjects involved.

2.1 Financial education.
2.1.1 Users of financial services.
2.2 Authorities of the Mexican Financial System.
2.3 Ministry of Finance and Public Credit.
2.4 National Banking and Securities Commission.
2.5 National Commission for the Protection and Defense of Users of Financial Services.

3 I-3 Powers of the authorities of the Mexican Financial System.

3.1 Powers of the SCHP in financial matters.
3.2 Powers of the CNBV to authorize and supervise credit institutions.
3.3 Powers of CONDUSEF.

4 I-4 Analysis of the Legal Framework of the Mexican Financial System.

4.1 Commercial Code.
4.2 Popular Savings and Credit Law.
4.3 Law of the National Banking and Securities Commission.
4.4 Law for the Protection and Defense of Users of Financial Services.

5 I-5 Financial crimes.

5.1 Theft.
5.2 Diversion of investor resources.
5.3 Fraud.
5.4 Money laundering.
5.5 Property damage caused by the State.

6 I-6 Solutions to the case.

6.1 Criminal matter.

5 Record the analytical content of the course through units and their topics; A minimum of four units and a maximum of eight were agreed upon for the design of
the program, except for those subjects that, due to their characteristics, require a greater number.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
6.2 Commercial matters.
6.2.1 Insolvency proceedings.
6.2.2 Liquidation of SOFIPO.
6.3 Tax matters.
6.4 Labor matters.
6.5 Administrative matter.
6. 5.1 Law compared to other financial systems.

7 I-7 Field of action of the Lawyer

7.1 Delivery of the financial literacy workshop.
7.2 Legal Advice to a financial company.
7.3 Proposal for reform of a legal provision that improves the legal standard regarding financial companies.

Introduction to the Case

The choice of the case of the credit company FICREA for the disciplinary case study in commercial matters was
due to the interesting conjunction of theoretical and practical knowledge that is related, so that by taking it and
analyzing it the student has the opportunity to visualize various disciplines of the law intertwined in a real legal
situation and is in a position to understand the complexity of his future and perhaps already current working life
in the commercial area, without losing sight of the social commitment that as a lawyer must prevail in his
professional practice.
Given the facts presented in the case, the lawyer has several areas of opportunity by including elements from
various disciplines of law, so care was taken to weigh the commercial aspect over the complexity of the case.

Conceptual structure of the course 6

Structure of the content of the Disciplinary Case Study in the Special Commercial Trial.

1. Facts.
2. Identification of the problem.
3. Identification of applicable legislation.
4. Development of the problem and its different scenarios.

Methodology
The case study constitutes a methodology that describes a real or complex simulated event that allows the
professional to apply their knowledge and skills to solve a problem; The student implements both conceptual
and procedural content and attitudes in a given context and situation. This teaching-learning strategy allows
you to develop critical thinking skills, communicative competence of knowing how to argue and contrast,
promote collaborative learning and respectful listening to the opinions of others, as well as solve problems and
apply and integrate knowledge from different disciplinary areas. The general methodology to be used or study
steps is made up of three repetitive phases, which are:

● a) Phase of reception or analysis of the case through reading, study or investigation of the case.
● b) Interaction, discussion or deliberation phase, where findings are shared, situations are debated and
positions are defended.

6 The graphic representation that allows you to visualize all the thematic components and the objective of the course is the purpose of representing them
through an infographic, map, wordle -www.wordle.net-, or other mnemonic form that favors it.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
● c) Phase of confrontation, conclusion or resolution of the case, in a reflective manner, students are
able to choose their action if a similar case is presented to them in their professional performance.
The learning unit Disciplinary Case Study in Commercial Law, of Study Plan number 25 of the Lawyer's
career, seeks to link the Learning Units of a commercial and commercial procedural nature, being a
Disciplinary Case Study in the Special Commercial Trial, The FICREA SA de CV, SFP case is projected as an
auxiliary credit organization.

The study will be divided into four phases:

a) Facts.
b) Identification of the problem.
c) Identification of applicable legislation.
d) Development of the problem and its different scenarios.

And it is integrated from seven case iterations:

1. Identification of the financial company.

2. Subjects involved.
3. Powers of the authorities of the Mexican Financial System.
4. Analysis of the Legal Framework of the Mexican Financial System.
5. Financial crimes.
6. Case solutions.
7. Lawyer's field of action.

The teaching and learning strategies focus on four essential aspects, which are open research, orality,
collaborative work and the use of diversified information and communication technologies.

There are three axes that are provided as spaces for educational and professional development of the
student, the social commitment to the most vulnerable sector, which is the savers of auxiliary credit societies,
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
is reflected in the financial literacy workshop; with the private sector by providing legal advice on commercial
matters and towards the government or administrative sector as a legal researcher of the trends in
Commercial Law by presenting a proposal or reflection article on a case in particular with repercussions on
commercial legal events.

Evaluation mode
Evaluation instrument
Communications: Audio, Video, Official Statement.
Weighting factor
Performance: Delivery of the Financial Literacy
workshop, Presentation of a reform initiative proposal,
Advice to a credit institution.

Deliverable E1 (Sheet)
10%
Compliance in deliveries is evaluated.

Deliverable E2 (Audio) 5%

Deliverable E3 (Financial Literacy Workshop) 20%

Deliverable E4 (Discussion Video) 5%

Deliverable E5 (Official statement) 5%

Deliverable E6 (Reform proposal) 20%

Deliverable E7 (News Video) 5%

Deliverable E8 (Professional advice) 10%

Values and attitudes for consideration by the teacher. 10%

Participation in the classroom at the discretion of the

10%
teacher.

Total 100%

Elements of learning unit development

Distinguish financial companies and their characteristics.

Recognizes the authorities of the Mexican financial system and their functions.
Knowledge
Identifies the various types of commercial lawsuits, especially the special
commercial lawsuit and its development.

Leadership.
Social service.
Aptitudes Commitment to the development of the country and its communities.
Commitment to act as an agent of change.
Vision of the international legal environment.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
Honesty.
Adherence to the principle of Justice (Development of reform proposal)
Values Responsibility.
Awareness of the country's needs in financial literacy.
Respect for cultural, social and legal diversity.

Of analysis, synthesis and evaluation.

To use the legal framework to the particular case.
Oral and written legal reasoning and argumentation.
Capabilities Debate from a legal perspective.
To provide advice to auxiliary credit institutions.
Preparation of legislative research projects.
Reliable search for information.

Self-management of learning.
Critical thinking.
Creativity.
Identification, conciliation and resolution of commercial conflicts.
Skills
Decision making.
Teamwork.
Efficient use of computing and telecommunications.
Oral and written communication.

Teacher profile:

In all cases, it is recommended that the professor have postgraduate studies (specialty, master's or
doctorate) in the area of Commercial Law, as well as teaching experience, innovator in educational practices,
including information and communication technologies such as support teaching and learning strategies,
ethical, responsible, committed to their educational environment, sensitive to the learning styles of their
students.

3. BASIC BIBLIOGRAPHY

URL or digital library where

Author(s) Qualification Editorial Year
available (if applicable)

Paredes Sánchez, Commercial Law: general part (12th ed.). Mexico: 2008
Luis Eduardo. and companies. Porrúa

Contreras Vaca, Commercial Procedural Law. Oxford, Mexico 2007. 2007.

Francisco José. Theory and Clinic.

Congress of the Law of the National Banking Official Journal of the 2014 http://www.diputados.gob.mx/
Union Commission Federation LeyesBiblio/pdf/46.pdf

Congress of the General Law of Organizations Official Journal of the 2014 http://www.diputados.gob.mx/
Union and Auxiliary Activities of Credit Federation LeyesBiblio/pdf/139.pdf

Congress of the Popular Savings and Credit Law Official Journal of the 2014 http://www.diputados.gob.mx/
Union Federation LeyesBiblio/pdf/17.pdf

Congress of the Law for the Protection and Official Journal of the 2014 http://www.diputados.gob.mx/
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
Union Defense of Users of Financial Federation LeyesBiblio/index.htm
Services

4. FURTHER READING

URL or digital library where

Author(s) Qualification Editorial Year
available (if applicable)

South America: Attractive INCAE Business

Concari, G. 2010 UdG digital library
microfinance market. Review, 1 (10), 28.

Gomez, G. L., & Felipe Determinants of institutional REVESCO: Journal

A Pérez Sosa. isomorphism of cooperative of Cooperative
savings and loan societies in Studies, (119), 77 2015 UdG digital library
Mexico.

Orozco, Felgueres, Non-banking financial entities:

Dofiscal editors 2010
Loya, C. social and tax impact.

New stock market and Mexican

banking law. Theory and legal
Carvallo, Nañez, E. practice of financial groups, Porrúa 1997
credit institutions and brokerage
houses.

5. PLANNING OF ACTIVITIES BY ITERATION AND SESSION

Planning, seen as the action of developing strategies that allow students to achieve meaningful learning, is
presented by emphasizing the three moments of iteration: reading, deliberation and conclusion; The teacher is
suggested to make adjustments that are appropriate for their groups. Regarding the initial framing session, it is
emphasized that the teacher must consider having options for credit institutions so that the students can carry
out the advice that is proposed within the case study. A digital file is provided in Excel format for consultation and
manipulation.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study

Schedule

WE C F I I ITERAT ACTIVITY T S DIDAC RESOURCES DELIV ASS COMMEN

EK L I N T ION E T TIC ERABL ESS TS TO
/ A E T E PHASE A U OF ES ME THE
SE S L E R C D THE NT TEACHE
SSI S D R A H E ACTIV R
ON R - T E N ITY
O S I R T
O E O
M S N
S
I L
O
N C
A
S
E

M
E
T
H
O
D
1 x Intro General Framework of the Course x Exposure Blackboard, Choose a
chalkboard and non-bank
presentation credit
material. institution and
obtain
the results of
the immediate
previous
supervision
and
evaluation.
Case Framing x Exposure In this session
the student
Brainstorming about financial culture. x x Brainstor Pintarrón. prepares the
ming. instruments to
Financial education survey design. x Survey Sheets or apply
Design. computer. (survey). And
formalize the
deliverable E
3-1
1.5 x I-1 READING 1 Individual reading of the case. Reading. Case published. The student
reads the
case
presented in
the learning
guide.
AND. 1 Individual investigation of the Investigati Web libraries. It is
case. Foreign language, Indexed on. recommended
magazines,. (15 sources). to include
searching for
sources in a
second
language.
2 x DELIBERA Introduction to deliberation 1 x Exposure. The teacher
TION 1 makes the
introduction.
Deliberation by teams in face-to-face x Collaborati The student
class. ve shares the
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
learning. information
that was
recovered in
the individual
investigation
with his
classmates.
Preparation of a scheme identifying x Document Notes from your Deliverable 1st The students
the legal disciplines that are related to ation. research and E2-1 delivera create an
the case and recording of an audio taking notes from Audio. ble outline with
explaining the scheme. the group rubric. the legal
deliberation. disciplines
that are
related and
later record an
audio with the
information.
SEE
DELIVERABL
E E2-1
Presentation of audios in teams. x Collaborati The
ve teammates
learning. listen to the
audios.
Mind map, analytical scheme from x Interpretati They create a
listening to the audios and creating the on. mental map
scheme. by listening to
the audio
individually.
CONCLUSI Plenary with the presentation of their x Plenary. Without visual
ON 1 reconstructed scheme orally. resources, the
team presents
its information
in plenary.
Self-assessment by audio team. x Self Deliverable SEE
appraisal. E2-2 audio DELIVERABL
self- E E2-2 and
assessmen the teacher
t. generates a
checklist.
Closing of the 1st iteration. x The teacher
closes the
iteration.
Record progress. Edit sheet E1 x Progress of SEE
deliverable DELIVERABL
E1. First E E1-1
record of
sheet E1-1
2.5 x x I-2 READING 2 Application of the financial education x Field work
survey. with society in
general.
Diagnosis of financial education for a x Diagnostic Financial SEE
group of the population. report. literacy DELIVERABL
diagnostic E E3-1
deliverable
E3-1
3 x Introduction to iteration 2. x The teacher
introduces the
iteration.
Socialize the diagnosis that was x x Plenary In this space
made. of the session,
what they
identify as a
diagnosis is
shared in
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
plenary to
have a
starting point
in the
preparation of
material for
the financial
literacy
workshop.
Prepare financial education workshop. x Deliverable In this session
content of they design
financial the workshop,
literacy recover
workshop individual
E3-2 contributions
and then
standardize
an agenda
and
guidelines.
(without
presenting
progress)
4 x Projection of the proposed video. x Multimedi Video at: The video is
a. https://www.youtub shown in
e.com/watch? class.
v=AFBcxT1-Bv8
DELIBERA Identification and discussion of actors x Plenary In plenary,
TION 2 in plenary session. after watching
the video,
students
identify the
actors within
the case.
Role assignment (actors: authorities, x The students
deputies and users) make their
outline, but
through orality
they give their
position on
the topic.
Preparation of the discussion panel. x Team up. Mexican The intention
(Everyone prepares and the panelist is commercial laws. is for all teams
chosen in an inscrutable manner). http://www.diputad to prepare
os.gob.mx/LeyesBi with the
blio/index.htm designated
role and the
composition of
the panel is
chosen
indiscriminatel
y, one from
each team.
Development of the discussion or x x Originally
debate panel. there was talk
of a debate, it
is at the
discretion of
the teacher.
Video recording of subjects involved in x Multimedi E4 video SEE
the case. a video. deliverable DELIVERABL
E E4
CONCLUSI Video analysis x Group Give students
ON 2 plenary. a checklist of
participation in
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
the panel and
assess the
participation
of panelists,
FOCUS ON
KEY
MOMENTS.
Closing of the 2nd iteration. x The teacher
closes the
iteration.
Record progress of research and x Progress of SEE
information from face-to-face sessions. deliverable DELIVERABL
Edit sheet E1 E1. Second E E1-2
record of
sheet E1-2
Introduction to Iteration 3. x The teacher
introduces the
iteration.
4.5 x I-3 READING 3 Investigation into the actions of the Progress of SEE
authorities in accordance with their deliverable DELIVERABL
functions and regulations. CNBV, E1. Third E E1-3
SHCP and CONDUSEF. record of
sheet E1-3
5 x DELIBERA Socialization of information. x x Group In plenary the
TION 3 plenary. students
share their
findings and
information
from sheet
E1-3
Integration of official statement from x Collaborati E5 SEE
the position of all institutions by team. ve Communiq DELIVERABL
(Digital). learning. ué E E5
Deliverable
.
Socialization of the statement orally x x Document Those who
(randomly) ation. have to
present the
statement
made are
chosen within
the group.
CONCLUSI Identification of deficiencies or x Collaborati Mexican Advance of The aim is for
ON 3 limitations in the powers of the ve work. commercial laws. deliverable the student to
financial authorities expressed in the http://www.diputad reform begin to
law. Advance 1 of the proposal to os.gob.mx/LeyesBi proposal visualize
reform the legal framework. blio/index.htm E6-1 possible
modifications
in the law, as
a
problematizati
on.
Closing iteration 3 x The teacher
closes the
iteration.
Introduction to iteration 4 x The teacher
introduces the
iteration.
5.5 x I-4 READING 4 Investigation of violations of the law by x Document Mexican Progress of The aim is for
AUTHORITIES. ation. commercial laws. deliverable the student to
http://www.diputad E1. fourth analyze the
os.gob.mx/LeyesBi sheet legal
blio/index.htm record E1- framework,
4 with emphasis
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
on the powers
of the
authorities.
CNBV
6 x Socialization of the analysis of the x Group In groups,
legal framework. analysis. students
analyze the
legal
framework.
Identification of powers of financial x Document Mexican Advance of They contrast
authorities and poor performance ary commercial laws. deliverable what is
when exercising them. Advance 2 of research. http://www.diputad reform dictated by
the reform proposal (contrast what is os.gob.mx/LeyesBi proposal the legal
with what should be) blio/index.htm E6-2 framework
and the
actions of the
authorities of
the Mexican
Financial
System.
They identify
the exercise
of the powers
of the
authorities of
the Mexican
Financial
System in the
FICREA case,
in its
authorization,
revocation of
the
authorization
and liquidation
process.
They develop
a group
conclusion in
order to justify
the need for
legal reforms.
Knowledge research and additional x Open Additional
research, for the integration of a investigati research for
reform proposal. on. the student to
identify the
PROCESS to
present the
reform
initiative.
7 x DELIBERA Socialization integration of knowledge x Plenary. In plenary,
TION 4 by team. students
share the
process for
presenting the
bill.
Preparation of a newscast with x Document The students
research on the legal framework of the ation. prepare the
powers of authorities. news as a
team based
on research
and analysis
of the legal
framework.
CONCLUSI Presentation of the newscast by team. x Document Deliverable Students
ON 4 ation. Video of submit their
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
the video to
newscast. evaluate the
E7. argumentation
of the
information.
SEE
DELIVERABL
E E7
Closing of iteration 4. x The teacher
closes the
iteration.
Introduction to iteration 5. x The teacher
introduces the
iteration.
7.5 x I-5 READING 5 Investigation into financial crimes and x Document Progress of SEE
identifications in the case. ation. deliverable PREVIEW E1-
E1. Fifth 5
record of
sheet E1-5
8 x DELIBERA Classification of financial crimes in the x Investigati It is expected
TION 5 case (Assignment of one crime per on. that some
team). students will
focus on
crimes, this
based on the
specialization
that is outlined
in it.
Descriptive files of crimes. x Collaborati It is intended
ve work. that students
recover
knowledge of
criminal law
and integrate
the descriptive
knowledge of
the crimes in
case.
Socialization of crimes. x x Group After making
plenary. the descriptive
sheets, the
students
share in
plenary the
socialization
of the crimes.
CONCLUSI Advance 3, of the reform proposal x Advance of It is intended
ON 5 integrating criminal aspects. deliverable that the
reform student
proposal integrates the
E6-3 criminal part
that
corresponds
to the
justification of
the reform
proposal. SEE
PREVIEW E6-
3
Closing iteration 5. x The teacher
closes the
iteration.
Introduction iteration 6. x The teacher
introduces the
iteration.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
8.5 x I-6 READING 6 Identification of solutions to the case. x Document Web pages. Progress of SEE
ation, deliverable PREVIEW E1-
open E1. Sixth 6
research. record of
the sheet
E1-6
9 x DELIBERA Socialization by areas related to the x Collaborati The teacher
TION 6 case (It is intended that students meet ve organizes the
by disciplinary affinity) learning. students by
area of
interest, with
the intention
that they
visualize
solutions to
the case by
area of
interest.
Preparation of the solution to the case x Collaborati Students are
by disciplinary area. ve expected to
learning. choose the
partner or
partners who
represent
them, but that
they all
contribute to
the case
solution
strategy.
(Criminal,
civil,
commercial,
administrative,
labor,
international,
etc.).
CONCLUSI Presentation of the panel of the x Discussio Web pages. Each team, by
ON 6 solution to the case by designation of n panel. disciplinary
the team. (Oral) area, chooses
who will
represent
them in the
presentation
of the
proposed
solution.
Closing of iteration 6. x Group The teacher
discussion closes the
from the iteration.
ethical
and legal
perspectiv
e.
Iteration 7 introduction. x Group The teacher
plenary. introduces the
iteration.

10 x I-7 DELIBERA Integration of material for the financial x Collaborati Each student
TION 7 literacy workshop by teams. ve work. presents and
contributes
with their
classmates
what they
have
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
researched to
work on the
workshop
proposal.
As a team, they present their proposal x Group Each team
for a financial literacy workshop to the plenary. presents its
group. workshop
proposal, with
the intention
of socializing
and seeing
what the
others have
investigated.
Integration by consensus of a single x Collaborati Deliverable SEE
proposal for the financial literacy ve work. Unique ANTREGABL
workshop. proposal E E3-3
for the E3-
3 financial
literacy
workshop
material
10.5 x READING 7 Comparative law investigation with two x Document Progress of The intention
countries that do financial rescue and ation. deliverable is to
others that do not. E1. document the
Seventh international
record of trend of
sheet E1-7 similar
situations in
financial
matters.
11 x DELIBERA Design of the Diagnosis and proposal x Deliverable The aim is for
TION of professional advice to a credit preparation the student to
institution in its supervision and of advice to develop a
evaluation processes. a financial strategy for
entity E8-1 advising credit
institutions in
their
supervision
and
evaluation
processes by
financial
authorities.
SEE
DELIVERABL
E E8-1
12 x Socialization of trends according to x Group Students
law research compared with plenary. present in
analogous situations in other plenary the
countries. findings and
trends in law
compared to
analogous
cases in other
countries.
Integration of information after x Collaborati Advance of The aim is for
socialization of the proposals, to ve work. deliverable the student to
substantiate them. reform integrate the
proposal information
E6-4 into the formal
proposal,
taking into
account what
other
countries
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
have done.
SEE
DELIVERABL
E E6-4
Presentation of proposals by team. Group In a group
plenary. session, each
team presents
its proposal.
12.5 x Closing of the proposal. Pay attention x Deliverable SEE
to the suggestions of the teacher and Proposal DELIVERABL
your classmates. for reform E E6-5
of the
commercial
legal
framework.
E6-5
Evidence of delivery of the proposal by x Group Exposure Deliverable Students must
team. reflection Evidence present
of delivery acknowledgm
to the ent of receipt
correspond from the
ing legislative
instance of body. SEE
the DELIVERABL
Proposal E E6-6
for reform
of the
commercial
legal
framework.
E6-6
13 Date adjustment session. ADJUSTMEN
T SESSION.

14 x CONCLUSI Review of the evidence of the delivery x x Group Deliverable SEE

ON 7 of the financial literacy workshop. plenary. evidence of DELIVERABL
the delivery E E3-4
of the
financial
literacy
workshop.
E3-4
Review of the evidence of the Advice x x Group Deliverable SEE
provided to the financial entity in its plenary. evidence of DELIVERABL
evaluation and supervision processes the advice E E8-2
by the financial authorities. to the
financial
institution.
E8-2

15 x Final reflection on the case and x x Group Deliverable It is intended

includes the final presentation of the plenary. final that the
reform proposal. version of student
the integrate the
Proposal presentation
for reform of the reform
of the proposal, at
commercial the discretion
legal of the teacher
framework. who teaches
E6-7 the case
study, a final
analysis of the
Mexican
Financial
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
System is
proposed.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study

Course Mapping

ED Teaching exhibition DE Survey design (Group) DO Documentation (Individual)

AC Collaborative learning (Teams) INT Interpretation (Individual) PL Plenary (Group)
AUT Self-assessment (Teams) EC Framing and closure (Teacher) MUL Multimedia (Equipment)
DI Discussion (Group) IN Research (Individual) AT Workshop application
(Equipment)
LE Reading (Individual) RD Diagnostic report (Equipment) AE Survey Application (Teams)
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study

ANNEX I. DESCRIPTION OF ACTIVITIES

Available in Schedule in Excel format

W T S
EE E T
K/ A U
SE ACTIVITY C D DELIVERABLES COMMENTS TO THE TEACHER
SS H E
IO E N
N R T

Choose a non-bank credit institution

and obtain
General Framework of the Course x
the results of the immediate
previous supervision and evaluation.
1 Case Framing x
Brainstorming about financial In this session the student prepares
x x
culture. the instruments to apply (survey).
And formalize the deliverable E 3-1
Financial education survey design. x

The student reads the case

Individual reading of the case.
presented in the learning guide.
1.5
AND. 1 Individual investigation of It is recommended to include
the case. Foreign language, searching for sources in a second
Indexed magazines,. (15 sources). language.

Introduction to deliberation 1 x The teacher makes the introduction.

The student shares the information

Deliberation by teams in face-to-
x that was recovered in the individual
face class.
investigation with his classmates.

2
The students create an outline with
Preparation of a scheme identifying
the legal disciplines that are related
the legal disciplines that are related
x Deliverable E2-1 Audio. and later record an audio with the
to the case and recording of an
information. SEE DELIVERABLE
audio explaining the scheme.
E2-1

Presentation of audios in teams. x The teammates listen to the audios.

 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
Mind map, analytical scheme from
They create a mental map by
listening to the audios and creating x
listening to the audio individually.
the scheme.

Plenary with the presentation of Without visual resources, the team

x
their reconstructed scheme orally. presents its information in plenary.

Deliverable E2-2 audio SEE DELIVERABLE E2-2 and the

Self-assessment by audio team. x
self-assessment. teacher generates a checklist.

Closing of the 1st iteration. x The teacher closes the iteration.

Progress of deliverable
Record progress. Edit sheet E1 x E1. First record of sheet SEE DELIVERABLE E1-1
E1-1
Application of the financial
x Field work with society in general.
education survey.
2.5
Diagnosis of financial education for Financial literacy
x SEE DELIVERABLE E3-1
a group of the population. diagnostic deliverable E3-1

Introduction to iteration 2. x The teacher introduces the iteration.

In this space of the session, what

they identify as a diagnosis is
Socialize the diagnosis that was
x x shared in plenary to have a starting
made.
point in the preparation of material
for the financial literacy workshop.
3

In this session they design the

Deliverable content of workshop, recover individual
Prepare financial education
x financial literacy workshop contributions and then homogenize
workshop.
E3-2 an agenda and guidelines. (without
presenting progress)

Projection of the proposed video. x The video is shown in class.

In plenary, after watching the video,

Identification and discussion of
x students identify the actors within
actors in plenary session.
the case.
4

The students make their outline, but

Role assignment (actors:
x through orality they give their
authorities, deputies and users)
position on the topic.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study

The intention is for all teams to

Preparation of the discussion panel.
prepare with the designated role and
(Everyone prepares and the
x the composition of the panel is
panelist is chosen in an inscrutable
chosen indiscriminately, one from
manner).
each team.

Development of the discussion or Originally there was talk of a debate,

x x
debate panel. it is at the discretion of the teacher.

Video recording of subjects involved

x E4 video deliverable SEE DELIVERABLE E4
in the case.

Give students a checklist of

participation in the panel and assess
Video analysis x
the participation of panelists,
FOCUS ON KEY MOMENTS.

Closing of the 2nd iteration. x The teacher closes the iteration.

Record progress of research and Progress of deliverable

information from face-to-face x E1. Second record of SEE DELIVERABLE E1-2
sessions. Edit sheet E1 sheet E1-2

Introduction to Iteration 3. x The teacher introduces the iteration.

Investigation into the actions of the

Progress of deliverable
authorities in accordance with their
4.5 E1. Third record of sheet SEE DELIVERABLE E1-3
functions and regulations. CNBV,
E1-3
SHCP and CONDUSEF.

In plenary the students share their

Socialization of information. x x findings and information from sheet
E1-3

Integration of official statement from

E5 Communiqué
the position of all institutions by x SEE DELIVERABLE E5
Deliverable.
team. (Digital).
Those who have to present the
5 Socialization of the statement orally
x x statement made are chosen within
(randomly)
the group.
Identification of deficiencies or
limitations in the powers of the The aim is for the student to begin to
Advance of deliverable
financial authorities expressed in x visualize possible modifications in
reform proposal E6-1
the law. Advance 1 of the proposal the law, as a problematization.
to reform the legal framework.

Closing iteration 3 x The teacher closes the iteration.

 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study

Introduction to iteration 4 x The teacher introduces the iteration.

The aim is for the student to analyze

Progress of deliverable
Investigation of violations of the law the legal framework, with emphasis
5.5 x E1. fourth sheet record
by AUTHORITIES. on the powers of the authorities.
E1-4
CNBV

Socialization of the analysis of the In groups, students analyze the legal

x
legal framework. framework.
They contrast what is dictated by the
legal framework and the actions of
the authorities of the Mexican
Financial System.
Identification of powers of financial They identify the exercise of the
authorities and poor performance powers of the authorities of the
when exercising them. Advance 2 Advance of deliverable Mexican Financial System in the
x
of the reform proposal (contrast reform proposal E6-2 FICREA case, in its authorization,
6 what is with what should be) revocation of the authorization and
liquidation process.
They develop a group conclusion in
order to justify the need for legal
reforms.

Knowledge research and additional Additional research for the student

research, for the integration of a x to identify the PROCESS to present
reform proposal. the reform initiative.

Socialization integration of In plenary, students share the

x
knowledge by team. process for presenting the bill.

Preparation of a newscast with The students prepare the news as a

research on the legal framework of x team based on research and
the powers of authorities. analysis of the legal framework.

7
Students submit their video to
Presentation of the newscast by Deliverable Video of the evaluate the argumentation of the
x
team. newscast. E7. information. SEE DELIVERABLE
E7

Closing of iteration 4. x The teacher closes the iteration.

Introduction to iteration 5. x The teacher introduces the iteration.

Progress of deliverable
Investigation into financial crimes
7.5 x E1. Fifth record of sheet SEE PREVIEW E1-5
and identifications in the case.
E1-5
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study

Classification of financial crimes in It is expected that some students will

the case (Assignment of one crime x focus on crimes, this based on the
per team). specialization that is outlined in it.

It is intended that students recover

knowledge of criminal law and
Descriptive files of crimes. x
integrate the descriptive knowledge
of the crimes in case.

8 After making the descriptive sheets,

Socialization of crimes. x x the students share in plenary the
socialization of the crimes.

It is intended that the student

integrates the criminal part that
Advance 3, of the reform proposal Advance of deliverable
x corresponds to the justification of the
integrating criminal aspects. reform proposal E6-3
reform proposal. SEE PREVIEW E6-
3

Closing iteration 5. x The teacher closes the iteration.

Introduction iteration 6. x The teacher introduces the iteration.

Progress of deliverable
Identification of solutions to the
8.5 x E1. Sixth record of the SEE PREVIEW E1-6
case.
sheet E1-6

The teacher organizes the students

Socialization by areas related to the
by area of interest, with the intention
case (It is intended that students x
that they visualize solutions to the
meet by disciplinary affinity)
case by area of interest.

9 Students are expected to choose the

partner or partners who represent
Preparation of the solution to the them, but that they all contribute to
x
case by disciplinary area. the case solution strategy. (Criminal,
civil, commercial, administrative,
labor, international, etc.).
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study

Each team, by disciplinary area,

Presentation of the panel of the
chooses who will represent them in
solution to the case by designation x
the presentation of the proposed
of the team. (Oral)
solution.

Closing of iteration 6. x The teacher closes the iteration.

Iteration introduction 7. x The teacher introduces the iteration.

Each student presents and

Integration of material for the
contributes with their classmates
financial literacy workshop by x
what they have researched to work
teams.
on the workshop proposal.

Each team presents its workshop

10 As a team, they present their proposal, with the intention of
proposal for a financial literacy x
socializing and seeing what the
workshop to the group.
others have investigated.

Deliverable Unique
Integration by consensus of a single
proposal for the E3-3
proposal for the financial literacy x SEE ANTREGABLE E3-3
financial literacy workshop
workshop.
material

Comparative law investigation with Progress of deliverable The intention is to document the
11 two countries that do financial x E1. Seventh record of international trend of similar
rescue and others that do not. sheet E1-7 situations in financial matters.

The aim is for the student to develop

Design of the Diagnosis and a strategy for advising credit
Deliverable preparation of
proposal of professional advice to a institutions in their supervision and
11 x advice to a financial entity
credit institution in its supervision evaluation processes by financial
E8-1
and evaluation processes. authorities. SEE DELIVERABLE
E8-1

Socialization of trends according to Students present in plenary the

law research compared with findings and trends in law compared
12 x
analogous situations in other to analogous cases in other
countries. countries.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study

The aim is for the student to

Integration of information after integrate the information into the
Advance of deliverable
socialization of the proposals, to x formal proposal, taking into account
reform proposal E6-4
substantiate them. what other countries have done.
SEE DELIVERABLE E6-4

In a group session, each team

Presentation of proposals by team.
presents its proposal.
Closing of the proposal. Pay Deliverable Proposal for
attention to the suggestions of the x reform of the commercial SEE DELIVERABLE E6-5
teacher and your classmates. legal framework. E6-5
Deliverable Evidence of
13 delivery to the Students must present
Evidence of delivery of the proposal corresponding instance of acknowledgment of receipt from the
x
by team. the Proposal for reform of legislative body. SEE
the commercial legal DELIVERABLE E6-6
framework. E6-6

13 Date adjustment session. ADJUSTMENT SESSION.

Review of the evidence of the Deliverable evidence of the

delivery of the financial literacy x x delivery of the financial SEE DELIVERABLE E3-4
workshop. literacy workshop. E3-4

14 Review of the evidence of the

Advice provided to the financial Deliverable evidence of the
entity in its evaluation and x x advice to the financial SEE DELIVERABLE E8-2
supervision processes by the institution. E8-2
financial authorities.

It is intended that the student

Deliverable final version of integrate the presentation of the
Final reflection on the case and
the Proposal for reform of reform proposal, at the discretion of
15 includes the final presentation of the x x
the commercial legal the teacher who teaches the case
reform proposal.
framework. E6-7 study, a final analysis of the Mexican
Financial System is proposed.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
ANNEX II. DESCRIPTION OF DELIVERABLES AND EVALUATION RUBRICS

DELIVERABLE 1
SHEET E1

Purpose of the deliverable That the student documents in the deliverable the new information and knowledge of
the facts of the case, both from reference documents and those generated from the
deliberation with his classmates, with the purpose of delving into the approach to the
case. This documentation sheet is also intended to demonstrate progress in research
capacity, selection of sources, analysis of information and synthesis; the latter through
the elaboration of conclusions in each iteration.

General considerations:
It is essential that the teacher checks, in each revision of the documentation sheet, that
in each iteration that is closed, the student performs the conclusion exercise. It is not a
summary of the investigation of the iteration, not a comment, but a CONCLUSION OF
THE CASE as a SYNTHESIS with the information accumulated so far. The conclusions
in each iteration allow us to observe the progress in the process and, therefore, it is also
a diagnostic document to make stimulating and relevant observations to the students.

The weighting of this E1 is 10% of the course and is reviewed in its final delivery
according to the corresponding rubric. However, during the course the delivery of
documentation should be considered a requirement to advance, in addition to the fact
that the professor will insist that the documentation is necessary to complete the other
deliverables.

Introduction The new knowledge that the student acquires within the development of the case allows
him to know from different sources and positions the real facts of the situation that
generates legal relationships. Therefore, gradual documentation of knowledge is
necessary, which allows analysis and reflection based on the documentation carried
out.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
Advance instructions E1-1
Individual investigation of the case, it is requested that at least a review of 15 sources
be carried out, including indexed journals and sources in another language; The
documentation sheet is intended to record the relevant ideas and other research data
for the first time when learning about the case and after deliberation in class as a
conclusion.

In this first advance it is proposed that the student:

1. Investigate and freely analyze data from at least 15 different sources that allow
you to construct your own facts of the case.
2. Identify the legal disciplines that are present in the case.
3. Include at least one source of information in another language, it may be from
a foreign press.
4. Include at least two indexed journals.
5. Prioritize those queries that match two or more sources consulted.
6. Document appointments and/or information on the sheet.
7. Submit the sheet as the first preview of deliverable E1-1.

E1-2
It must contain information on the subjects involved, creditors, debtors, authorities,
media, etc.

In this second advance it is proposed that the student:

1. Record on the sheet the knowledge and/or information that you learned in the
plenary session and exchange of information in sessions 2, 3 and 4.
2. Consider the information of the subjects involved.
3. Document appointments and/or information on the sheet.
4. Submit the sheet as the second preview of deliverable E1-2.

E1-3
Consider the participation of the financial authorities in the case, only in a general way
without assertions, only what the law dictates.

In this third advance the student proposes that the student:

1. Investigate freely the actions of the authorities of the Mexican Financial
System.
2. Analyze their participation according to the legal framework that regulates
them.
3. Document appointments and/or information on the sheet.
4. Submit the sheet as the third preview of deliverable E1-3.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
E1-4
Violations of the law by the authorities in relation to their actions in the case.

In this fourth advance it is proposed that the student:

1. Investigate within the legal framework of the Mexican Financial System, the
powers of its authorities.
2. Analyze the powers of the authorities of the Mexican Financial System.
3. Identify possible violations of authorities' actions.
4. Document the limitations of the law that the student considers suitable for a
reform that improves the surveillance and supervision of the authorities of the
Mexican Financial System of credit entities.
5. Submit the sheet as the fourth preview of deliverable E1-4.

E1-5
Students must investigate financial crimes.

In this fifth advance it is proposed that the student:

1. Focus attention on the financial crimes committed in the case.
2. Document the crimes, their characteristics, penalties, etc. on the sheet.
3. Reserve the information for the preparation of the descriptive crime sheets in
session 8.
4. Submit the sheet as the fifth preview of deliverable E1-5.

E1-6
Investigation and documentation of solutions to the case; It may be that some students
study different areas of commercial law, this is due to the specialization that the same
student has already defined in their professional training (example: criminal,
commercial, labor, tax, administrative, etc.).

In this sixth advance it is proposed that the student:

1. Investigate possible solutions to the case to resolve legal situations presented.
2. Hierarchize the main actions that must be carried out.
3. Outline the solutions of the case.
4. Document appointments and/or information on the sheet.
5. Submit the sheet as the sixth preview of deliverable E1-6.

E1-7
The intention is to document the international trends of similar situations in financial
matters, with the intention of documenting possible solutions and/or reform needs to the
legal framework of the Mexican Financial System.

In this seventh advance it is proposed that the student:

1. Conduct comparative law research to show how other countries operate when
there is an analogous situation.
2. Investigate the following aspects regarding the popular savings financial
intermediation system of at least three countries, it is suggested that they be
from different continents:
a. Formation of their popular savings systems.
b. Crisis you have suffered and its possible causes.
c. The way in which the problem has been faced.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
d. Identify international trends in which greater protection can be
obtained for users.
e. Evaluate the adopted solutions or solution models in terms of
effectiveness or ineffectiveness in solving the problem
3. Document appointments and/or information on the sheet.
4. Submit the sheet as the seventh preview of deliverable E1-7.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study

DOCUMENTATION "SHEET" FOR ECDMercantil

DATE RELEVANT KEYWORD FOUNTAIN WHO QUESTIONS COMMENTS

DATA PROVIDED
THE
SOURCE

(Date on (Extract of the (Most (Where the (From whom (Reflections that (Space for the stud
which the relevant data relevant information is found) the the student to m
data is about the event concept of information is makes about the complementary note
taken) under study) the data) obtained data)
when it was
not obtained
by itself)

ITERATION I. 1
Identification of
the Financial 2
Company.
3

10

ITERATION II. 1
Subjects
involved. 2

10

ITERATION III. 1
Powers of the
Authorities of 2
the Mexican
3
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
Financial 4
System.
5

10

ITERATION IV. 1
Analysis of the
Legal 2
Framework of
the Mexican 3
Financial
System. 4

10

ITERATION V. 1
Financial
crimes. 2

10

ITERATION VI. 1
Case Solutions
2

5
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
6

10

ITERATION 1
VII. Lawyer's
Field of Action. 2

10
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study

Rubric of deliverable 1
Sheet (E1)
Category/ Very high High Half Low
Level (10-9) (8-7) (6-5) (4-0)

Based on the information Based on the information Based on the information Based on the
collected, the student presents collected, the student presents collected, the student presents information collected,
an investigation supported by at an investigation supported by at an investigation supported by at the student presents an
least 15 different sources on least 15 different sources on least 10 different sources on investigation supported
Purpose the FICREA case, and specifies the FICREA case, specifies the the FICREA case, specifies the by at least 5 different
the facts and identifies the legal facts and identifies the legal facts and identifies the legal sources on the
disciplines that are present in disciplines that are present in disciplines that are present in FICREA case,
the case. Include at least one the case. Document your the case. Document your specifies the facts and
source of information in report based on your own report based on your own identifies the legal
another language . Document queries as well as those of your queries as well as those of your disciplines that are
your report based on your own colleagues. colleagues. present in the case.
queries as well as those of your
colleagues.

Based on the information Based on the information Based on the information Based on the
collected, the student presents collected, the student presents collected, the student presents information collected,
the documentation of the documentation of the documentation of the student presents
Advance E information supported by the information supported by the the documentation of
information supported by the
1-1 consultation and investigation of consultation and investigation of information supported
consultation and investigation of at least 15 sources and at least 10 sources and by the research
at least 15 sources and identifies the legal disciplines identifies the legal disciplines consultation at least 5
identifies the legal disciplines that are present in the case. that are present in the case. sources and
that are present in the case. Include at least one source of Include at least one source of identifies the legal
Include at least one source of information in another language. information in another disciplines that are
information in another language. Includes at least two indexed language. Includes at least present in the case.
journals. Prioritize those two indexed journals.
Includes at least two indexed
queries that match two or more
journals. Prioritize those queries consulted sources. Document
that match two or more appointments and/or
consulted sources. Document information on the sheet.
appointments and/or information
on the sheet. Send the sheet in
a timely manner as the first
advance of the deliverable.

Advance E The student records on the The student records on the The student records on the The student
1-2 sheet the knowledge and/or sheet the knowledge and/or sheet the knowledge and/or records on the
information that he learned in information that he learned in information that he learned in sheet the
the plenary session and the plenary session and knowledge and/or
the plenary session and
exchange of information in exchange of information in information that
exchange of information in sessions 2, 3 and 4. Consider sessions 2, 3 and 4. Consider he learned in the
sessions 2, 3 and 4. Consider the information of the subjects the information of the plenary session
the information of the subjects involved. Document subjects involved. and exchange of
involved. Document appointments and/or information in
appointments and/or information information on the sheet. sessions 2, 3 and
on the sheet. Send the sheet in 4.
a timely manner as the
second advance of the
deliverable.

Preview E The student documents the The student documents the The student documents the The student
1-3 research carried out freely on research carried out freely on research carried out freely on documents the
the actions of the authorities of the actions of the authorities of the actions of the authorities of research carried out
the Mexican Financial System. the Mexican Financial System. freely on the actions of
the Mexican Financial System.
Analyzes their participation Analyzes their participation the authorities of the
Analyzes their participation according to the legal framework according to the legal framework Mexican Financial
according to the legal framework
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
that regulates them. Document that regulates them. Document that regulates them. System.
appointments and/or information appointments and/or
on the sheet. Send the sheet in information on the sheet.
a timely manner as the third
advance of the deliverable.

Preview E The student documents the The student documents the The student documents the The student
1-4 research on the legal framework research on the legal framework research on the legal framework documents the
of the Mexican Financial of the Mexican Financial System of the Mexican Financial System research on the legal
and the powers of its authorities. and the powers of its authorities. framework of the
System, the powers of its
Analyzes the powers of the Analyzes the powers of the Mexican Financial
authorities. Analyzes the powers authorities of the Mexican authorities of the Mexican System and the
of the authorities of the Mexican Financial System. Identifies Financial System. Identifies powers of its
Financial System. Identifies possible violations of actions of possible violations of actions of authorities.
possible violations of actions of the authorities. Documents the the authorities.
the authorities. Documents the limitations of the law that the
limitations of the law that the student considers suitable for a
reform that improves the
student considers suitable for a
surveillance and supervision of
reform that improves the the authorities of the Mexican
surveillance and supervision of Financial System of credit
the authorities of the Mexican entities.
Financial System of credit
entities. Send the sheet in a
timely manner as the fourth
advance of the deliverable.

Advance E Based on the information Based on the information Based on the information The student
1-5 collected, the student collected, the student collected, the student investigates and
documents the financial crimes documents the financial crimes documents the financial crimes documents the
committed in the Ficrea case. committed in the Ficrea case. financial crimes
committed in the Ficrea case.
Document the crimes, their committed in the Ficrea
Document the crimes, their characteristics, penalties, etc. case.
characteristics, penalties, etc. on the sheet.
on the sheet. Send the sheet in
a timely manner as the fifth
advance of the deliverable.

Advance E Based on the information Based on the information Based on the information Based on the
1-6 collected, the student collected, the student collected, the student information collected,
documents the possible documents the possible documents the possible the student documents
solutions to the case to resolve solutions to the case to resolve the possible solutions
solutions to the case to resolve
legal situations presented. legal situations presented. to the case to resolve
legal situations presented. Hierarchize the main actions Hierarchize the main actions legal situations
Hierarchize the main actions that must be carried out. that must be carried out. presented. Hierarchize
that must be carried out. Outline the solutions to the Outline the solutions to the the main actions that
Outline the solutions to the case. Document appointments case. must be carried out.
case. Document appointments and/or information on the sheet.
and/or information on the sheet.
Send the sheet in a timely
manner as the sixth advance of
the deliverable.

Preview E Based on the information Based on the information Based on the information Based on the
1-7 collected, the student collected, the student collected, the student information collected,
documents the comparative law documents the comparative law documents the comparative law the student documents
the comparative law
research where he shows how it research where he shows how it research where he shows how it
research where he
operates in other countries operates in other countries operates in other countries shows how it operates
when there is an analogous when there is an analogous when there is an analogous in other countries when
situation. Investigate the situation. Investigates regarding situation. Investigate the there is an analogous
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
popular savings financial the popular savings financial popular savings financial situation.
intermediation system in at least intermediation system of intermediation system of
three countries. Document two countries. another country.
appointments and/or information
on the sheet. Send the sheet in
a timely manner as the seventh
advance of the deliverable.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study

DELIVERABLE 2
AUDIO AND SELF-EVALUATION E2

Purpose of the deliverable That the student identifies the legal disciplines that are involved in the case and presents
them in an audio where he puts his analysis and oral expression skills into practice.
In addition, they carry out a co-evaluation with their classmates by listening to their
audios, building their outline and observing the possible deficiencies of their classmates,
as well as self-evaluating their audio.

Introduction It is essential that the student knows the case comprehensively, hence the importance of
leading him to a comprehensive knowledge of it and deducing its particularities.

Advance instructions E2-1

They must present an audio with the identification of the legal disciplines that are related to the
case.

In the first preview of deliverable two, the student is expected to:

1.- Identify the legal disciplines that are presented in the case.
2.- The information obtained is captured in a conceptual map.
3.- Prepare an audio with a maximum duration of 5 minutes to present the result of your
research.

E2-2
The student must self-evaluate, recognize the integration of the disciplines, for this they are given
a checklist.

The second advance of deliverable two consists of:

1.-Self-evaluate your audio with the help of the checklist (the teacher must prepare it in
advance)

Deliverable 2 rubric
Audio and self-assessment (E2)
Category/Level Very high High Half
(10-9) (8-7) (6-5)
The student clearly identifies and specifies the The student identifies The student presents There is a lot of
legal disciplines that are presented in the Ficrea the legal disciplines that some problems in the exposition of
case. And synthesize the ideas correctly. are presented in the mastering the topic, not offer a good o
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
Content Ficrea case. But he is however, there are some
unable to synthesize the elements that have been
ideas to specify the topic. minimally achieved.
The student makes excellent use of language Appropriate use of There is no good diction and The quality of the
and complementary resources , which language is observed no varied linguistic little definition ab
facilitates learning in an entertaining and effective and complementary resources are observed, be communicate
Use of language way. resources have been which makes it difficult to correctly.
and other included, which helps understand the audio.
resources promote learning. Disjointed or poorly
finished sentences are
heard.
The audio is creative and original; It motivates The audio is creative The audio is not very The audio is no
listeners to increase their learning and carry and original; motivates creative and listeners material and it is
Creativity and
out their own subsequent searches. listeners to increase their remember other the Internet.
originality
learning. experiences with it. It does
not facilitate increased
learning, but it does
somewhat promote
motivation.
Audio editing The recorded audio presents a good edition , Good audio has been The recorded audio The recorded a
facilitating the achievement of the learning produced, however, presents the minimum of problems, which
objectives. quality editing is technical elements in its learning objective
lacking , as certain editing.
elements are defective or
require improvement.

The audio has a maximum duration of 5 The audio lasts more The audio lasts more than The audio lasts m
Duration minutes and presents the result of the than 5 minutes and 5 minutes and does not present the result
investigation. presents the result of the present the result of the
investigation. investigation.

The topic raised in the The theme raised by the The topic raised
audio is easy to audio is clear, but its understand, ther
The topic raised in the audio is easy to
understand and capture, beginning, middle and end communicated.
Message structure understand and capture, having a good
but the writing in the are a little confusing.
beginning, middle and end.
beginning, middle and
end needs to be
improved to better
understand the message.
Throughout the audio, the conversation is spoken During the audio, most of During the audio, most of The audio has pr
with excellent diction, volume, clear and slow , the time the message you the time the message is not since the voice i
Orality
which makes it easy to understand the message want to convey is not very clear since it is not spoken clear.
that is presented. clear since good diction, out loud , and what is being
volume and clarity are said is not slow and clear.
not used.

Self appraisal
The student carries out a self-assessment of his The student carries out a The student carries out a The student does
audio with the help of the checklist. self-assessment of his self-assessment of his his audio.
audio but without the audio.
help of the checklist.

DELIVERABLE 3
E3 FINANCIAL LITERACY WORKSHOP

Purpose of the deliverable That the student identify the level of knowledge they have about society, the financial activitie
carry out with the cooperative savings and loan societies, in their daily life to solve their econo
and financial problems, and that at certain times due to lack of knowledge they lead them to m
bad decisions.

Introduction In order for the student to be able to teach a financial education workshop, they need to have
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
knowledge to do so, based on the results of the surveys they have carried out on a number o
people, and to structure their workshop with the contributions made by each team.

Advance instructions E3-1

In session 1, the students designed a survey to apply, in this deliverable they interpret it and determ
degree of financial education, it is intended that at least 100 people have applied the survey.
To be done in session 2.5.

In the first preview of the deliverable, the team:

1. Apply the survey designed in session 1, with the intention of knowing the level of fina
education of at least 100 people.
2. Analyze and encode the recovered information.
3. Classifies and graphs the recovered information.
4. Makes an interpretation of the level of financial literacy.
5. Submit your financial literacy level report, as a preview of deliverable E3-1.

E3-2
Delivery of material for financial education workshop by team.

Work is done in face-to-face session 3.

In this second preview the teams:

1. As a team, they make up a proposal for the contents that the workshop they will imp
must have.
2. They collaboratively generate the team proposal for the financial literacy workshop.
3. They send the evidence as a preview of the E3-2 deliverable

E3-3
Group delivery of the unique design of the material for the workshop, it is necessary to establish m
contents that the students must achieve (the teacher does not propose, they generate it alone).

Work is done in face-to-face session 10.

In this third advance it is proposed that the teams:

1. Present in plenary the contents that you designed in session 3.
2. Collaboratively integrate a proposal for a financial literacy workshop in plenary.
a. Define the objectives and scope of the workshop to be implemented.
b. Propose the unique plan of activities.
c. Define the group to which you will teach the financial literacy workshop.
d. Indicate dates, times and possible places for the workshop to be held.
e. Establish a workshop manual to implement.
3. Send the unique design of the workshop (group) to be implemented as a preview of deli
E3-3.

E3-4
Deliver the summary, with photo or video evidence of the delivery of the financial education workshop

Work is being done in session 14

 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
In this third advance it is proposed that the teams:
1. Present in plenary the results obtained from the workshop that was put into practice,
each of the points that were indicated in the initial project.
2. Present evidence such as video or photographs according to the evidence obtained
the activity, which shows the work carried out by each of the team members.
3. Send evidence of application of the workshop and plenary presentation of the in-per
session as a preview of deliverable E3-4.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
Rubric of deliverable 3
Financial literacy workshop (E3)

Category/Level Very high High Half

(10-9) (8-7) (6)

Purpose Students identify the level of knowledge that Students identify the level of knowledge Students identify some knowledge
society has , of the financial activities they that society has about the financial that society has about the financial
carry out with cooperative savings and loan activities carried out with cooperative activities they carry out with
societies, in their daily lives to solve their savings and loan societies. cooperative savings and loan
economic and financial problems. societies.

Preparation Students apply a survey to find out the level of Students apply a survey to find out the Students apply a survey to determine
financial education of at least 100 people, level of financial education of at least 100 the level of financial education of less
analyzing and coding the information recovered people, analyzing and coding the than 100 people, analyzing and
and interpreting the level of financial literacy. information recovered without coding the information recovered
interpreting the level of financial without interpreting the level of
literacy. financial literacy.

Proposal As a team, the students make up a proposal for As a team, the students make up a As a team, the students make up a
the contents that the workshop they will proposal for the contents that the proposal for the contents that the
implement must have. They collaboratively workshop they will implement must have. workshop they will implement must
generate the team proposal for the financial They cooperatively generate the team have.
literacy workshop. proposal for the financial literacy workshop

Report Students collaboratively integrate a proposal The students cooperatively integrate a The students cooperatively integrate
for a financial literacy workshop in plenary, proposal for a financial literacy workshop a proposal for a financial literacy
specifying the objectives and scope of the in plenary, specifying the objectives and workshop, specifying the objectives
workshop to be implemented, through a single scope of the workshop to be implemented, and scope of the workshop to be
plan of activities. through a single plan of activities. implemented.

Presentation The students define the group to which they will The students define the group to which The students define the group to
teach the financial literacy workshop. They they will teach the financial literacy which they will teach the financial
design a schedule of activities specifying dates, workshop. They design a schedule of literacy workshop. However, they do
times and places for the workshop to be held. activities specifying dates, times and not have a schedule of activities
They design a workshop manual to places for the workshop to be held. specifying dates, times and places for
implement. the workshop to be held.

Result The students present in plenary the results The students present in plenary the The students present in plenary the
obtained from the workshop that was put into results obtained from the workshop that results obtained from the workshop
practice, citing each of the points that were was put into practice. They accompany that was put into practice, without
indicated in the initial project . They their presentation with videos and accompanying evidence that
accompany their presentation with videos and photographs as evidence obtained from demonstrates the work carried out by
photographs as evidence obtained from the the activity, which shows the work carried each of the team members.
activity, which shows the work carried out by out by each of the team members.
each of the team members.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study

DELIVERABLE 4
VIDEO OF THE DEBATE SUBJECTS INVOLVED E4

Purpose of the deliverable That the student, through video recording of the debate, document the
evidence of what results from the discussion that is generated in the group,
about the subjects involved in the case; allowing for evaluation and self-
assessment in their performance such as: oral expression, argumentation,
teamwork, synthesis ability, counter-argumentation, body management, among
others.

Introduction The work that supports the video recording is the debate that the students
have previously been instructed to carry out in order to identify the subjects
involved in the case, their rights, obligations, actions, etc. Having audiovisual
material allows students to observe themselves and self-evaluate their
performance from the substantive to the formal.

Advance instructions E4-1

Just evidence, you have to develop what they should address at least in the
development of the video.

Evidence one of deliverable four consists of:

1.- Make a video recording of the debate.
2.- Once the recording is completed, the video is projected to evaluate
substance and form.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
Rubric of deliverable 4
Video of the debate of the subjects involved (E4)
Category/Level Very high High Half
(10-9) (8-7) (6)

Purpose Students identify the subjects involved in Students identify the subjects involved Students identify the subjects involved in Th
the Ficrea case and present the results of in the Ficrea case and present the the Ficrea case and present the results su
their investigation with solid arguments. results of their investigation with solid of their investigation with solid an
They demonstrate the work carried out by arguments. They demonstrate the work arguments . They demonstrate the work re
the team by contrasting the positions of carried out by the team by contrasting carried out by the team by contrasting
each of the subjects involved, in an the positions of each of the subjects the positions of each of the subjects
assertive, clear manner and with involved, with convincing arguments. involved.
convincing arguments.

Preparation The video demonstrates that the students The video demonstrates that the The video demonstrates that the Th
have previously carried out a students have previously carried out a students have previously carried out a stu
systematization of the information to clearly systematization of the information to systematization of the information to th
define the positions of each of the subjects clearly define the positions of each of clearly define the positions of each of the
involved in the Ficrea case. The rights, the subjects involved in the Ficrea subjects involved in the Ficrea case.
obligations, actions, etc., of each of the case. Some rights, obligations,
subjects are duly stated. actions, etc., of each of the subjects
are identified.

Content and All information presented in the debate was Most of the information in the debate Most of the information in the debate Th
development of clear, precise and thorough. The team was clear, precise and thorough. The was presented clearly and accurately, wa
the debate clearly understood the topic in depth and team clearly understood the topic in but it was not always thorough. The de
presented their information forcefully and depth and presented their information team seemed to understand the main un
convincingly. All counter-arguments were with ease. Most of the points of the topic and presented them co
precise, relevant and strong. counterarguments were precise, with ease. Most counterarguments ac
relevant and strong. were accurate and relevant, but some
were weak

Expressiveness The facial and body expressions in the The facial and body expressions in the The facial and body expressions in the Th
video show mastery of the topic video show mastery of the topic in video show little mastery of the topic vid
throughout the presentation of debate some arguments during the debate. during the debate. to
arguments.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
Graphic quality The video of the debate between the The video of the debate between the The video of the debate between the Th
of the material students has excellent graphic quality students has good graphic quality students has medium graphic quality stu
(video and audio) and the arguments (video and audio) and some arguments (video and audio) and some arguments qu
presented are related to the topic of the presented are related to the topic of the presented are related to the topic of the ar
subjects involved in the Ficrea case. subjects involved in the Ficrea case. subjects involved in the Ficrea case. to
. th

Multimedia Edit the video creatively, applying effects Edit and apply effects to the video but Apply effects but not music to the It
effects and music to the debate presentation. they are not in keeping with the pace at video. wh
which the debate takes place. ar
pr
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
DELIVERABLE 5
OFFICIAL STATEMENT E5

Purpose of the deliverable That the student demonstrate the argumentative capacity that they have
developed by being able to take a position by adopting a role as
authorities of the Mexican financial system in monitoring the actions of
credit institutions.

Introduction The student has the necessary knowledge of the authorities of the
Mexican financial system and credit institutions, which will allow them to
critically analyze and evaluate the actions of each of them, being able to
issue their own position positioning themselves on the tasks of the SFM
authorities.

Advance instructions E5-1

You must establish the minimum elements and information that must be
developed. (but without orienting them to unifications). It is intended that
the student begins to visualize deficiencies in the laws and powers of the
SFM authorities.

In this first advance it is proposed that the student:

1. Prepare a (digital) statement from the position of the actions of
the SFM authorities in the case, which must contain the
essential data:
a) Qualification
b) Who is it addressed to?
c) Date of elaboration
d) Purpose of the statement.
e) Content approach.
f) Position in relation to the topic.
2. The teams present and share their statement in plenary session 5 and
analyze the position of the other teams' statements.
3. Send evidence of the statement and analysis of the deliberation as
deliverable E5-1
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
Rubric of deliverable 5
Official statement (E5)

Category/Level Very high High Half

(10-9) (8-7) (6-5)
The student adopts a position as an The student adopts a position as an The student adopts a position as an
authority of the Mexican financial system authority of the Mexican financial system authority of the Mexican financial system
Purpose
on the surveillance of the actions of credit on the surveillance of the actions of credit on the surveillance of the actions of credit
institutions in an argumentative manner institutions with solid arguments. You have institutions with solid arguments.
and with legal foundations. And it shows the ability to criticize and evaluate each
the critical and evaluative capacity of each of them.
of them, issuing their own position.
The (digital) statement positioning the The (digital) statement positioning the The (digital) statement positioning the
actions of the authorities of the Mexican actions of the authorities of the Mexican actions of the authorities of the Mexican
Financial System in the Ficrea case Financial System in the Ficrea case Financial System in the Ficrea case
contains the title, who it is addressed contains the title, who it is addressed to, contains the title, who it is addressed to,
to, date of preparation, purpose of the and date of preparation; However , the and date of preparation; However, it does
statement, approach to the content and purpose of the statement, the approach not specify the purpose of the
position in relation to the issue. to the content and the position in statement, the approach to the content
Content relation to the issue are not clear. and the position in relation to the issue.

The student addresses the topic and The student addresses the topic and The student addresses the topic and
expresses himself with his own expresses himself with his own persuasive expresses himself with a persuasive
Message
persuasive position through a clear position through a clear message. stance.
message , managing to sensitize
readers.
The indicated contents are presented in a The indicated contents are presented
The indicated contents are presented but
clear, precise and complete manner. Use clearly and precisely, but information is
Language information is missing. Use appropriate
appropriate vocabulary and coherence missing . Use appropriate vocabulary and
vocabulary and coherence in ideas.
in ideas. coherence in ideas.
The statement constitutes an original The statement constitutes an original The statement constitutes an original
proposal, the text is brief, there are no proposal, but the text is extensive , there proposal , but the text is extensive, there
Originality
spelling or accentuation errors. are no spelling or accentuation errors. are some spelling errors and
accentuation.
In a plenary session, the students present
In a plenary session, the students present In a plenary session, the students present
their statement. They use the time
their statement. They use the time allotted their statement. They use the time
allotted for the presentation. They
Exposure for the presentation. They address their allotted for the presentation. They address
address their companions with a clear
classmates with a clear but not very loud their companions with a low and not very
and strong voice .
voice. They know the subject but do not clear voice. They do not know or master
They know and master the subject of the
completely master it. the subject of the exhibition.
exhibition.

DELIVERABLE 6
E6 REFORM PROPOSAL

Purpose of the deliverable That the student develops another sphere of action of the lawyer, as an agent
that promotes the change and improvement of the laws of the commercial area.

Introduction Proposing reforms to the laws implies that the student puts into practice skills and
abilities acquired in the study of the Law degree, so their proposal with an ethical
sense must contribute to perfecting the legal framework of commercial law.

Advance instructions E6-1

The intention is for students to begin to visualize deficiencies in the laws.

Note: To be worked on in face-to-face session 5, collaboratively.

 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study

Aspects to consider, students:

1. They identify the effectiveness or deficiency and limitations of the law in

relation to the authorization and supervision process of financial entities
by the authorities of the Mexican Financial System.
2. They analyze the authorization process of financial entities.
3. They identify the legal limitations in relation to the powers of the
authorities of the Mexican Financial System.
4. They integrate a microessay with the information.

E6-2
The student identifies, based on the facts of the case, the deficiencies in the
actions of the financial authorities in the exercise of their powers.

Note: To be worked on in face-to-face session 6, collaboratively.

Aspects to consider, students:

1. They investigate the process to present a reform proposal.
2. They contrast what is dictated by the legal framework and the actions of
the authorities of the Mexican Financial System.
3. They identify the exercise of the powers of the authorities of the Mexican
Financial System in the FICREA case, in its authorization, revocation of
the authorization and liquidation process.
4. They develop a group conclusion in order to justify the need for legal
reforms.

E6-3
To complement the diagnosis of the case, the student needs to enter the criminal
area by identifying whether or not financial crimes occurred.

Note: To be worked on in face-to-face session 8, collaboratively.

Aspects to consider, students:

1. They analyze the presence of crimes within the FICREA case.
2. They investigate the elements of the crimes in the case.
3. They integrate into the justification of the need for the law reform the
criminal aspects that could be avoided with the reform to be proposed.
4. They structure the general outline of the reform proposal.

E6-4
The student integrates the new information to inform his reform proposal.

Note: To be worked on in face-to-face session 12, collaboratively.

Aspects to consider, students:

1. They share possible solutions to conflicts and points of tension in the
law.
2. Collaboratively integrates possible solutions from comparative law
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
research, there are analogous situations in other countries and the
solutions.
3. They justify the solution they propose.
4. They share in plenary and colleagues and students make observations
of improvement.
5. They send the evidence of the session as an integration of the progress
of the reform.

E6-5
The student purifies his information by identifying corrections in his reform
proposal work .

Note: To be worked on in the intermediate session 12.5 at home collaboratively.

In this activity the students:

1. They correct based on the observations made in the plenary session of
session 12.
2. They redesign their reform proposal.
3. They send their reform proposal.

E6-6
It is necessary for the student to identify to which body his reform proposal should
be presented to give it channeling and follow-up.

Note: To be worked on in the intermediate session 12.5 collaboratively.

In this activity it is proposed that students:

1. Investigate the procedure for presenting the reform to the corresponding
instance.
2. Present evidence of delivery of the reform proposal (sealed).
3. Send the evidence as deliverable E6-6.

E6-7
The student submits his reform project complying with all the established
parameters of substance and form.

Note: To be delivered in face-to-face session 15, carry out a plenary session and
final reflection.

In this activity it is proposed that students:

1. Present the final delivered version of the reform proposal in plenary.
2. Make a final reflection on the proposal and the case.
3. Send the reflection in a timely manner as deliverable E6-7.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study

Rubric of deliverable 6
Reform proposal (E6)

Category/Level Very high High Half

(10-9) (8-7) (6-5)
The student presents a reform proposal with the The student presents a document without The student presents
legal requirements of a document of this nature, meeting all the requirements to be a reform proposal document in whi
specifying in it the shortcomings and limitations of proposal , in which he specifies the points out the shortcomings
Purpose the law in relation to the authorization and shortcomings and limitations of the law in limitations of the law in relat
supervision process of financial entities by the relation to the authorization and supervision the authorization and super
authorities of the Mexican financial system. . process of financial entities by the authorities of process of financial entities b
Analyzes the authorization process of financial the Mexican financial system. authorities of the Me
entities. financial system.

The students contrast what is dictated by the legal The students contrast what is dictated by Students analyze what
framework and the actions of the authorities of the the legal framework and the actions of the established in the
Mexican Financial System. They identify the exercise authorities of the Mexican Financial System. framework and the actions
of the powers of the authorities of the Mexican They identify the exercise of the powers of the authorities of the Me
Financial System in the FICREA case, in its authorities of the Mexican Financial System in Financial System. They re
authorization, revocation of the authorization and the FICREA case, in its authorization, and analyze the powers o
liquidation process and from this they prepare a revocation of the authorization and liquidation authorities of the Me
group conclusion in order to justify the need for process. Financial System in the FIC
legal reforms. case, in its authoriz
Analysis revocation of the authoriz
and liquidation process.
Students analyze the presence of crimes within the Students analyze the presence of crimes within The students carry out
FICREA case. They investigate the elements of the the FICREA case. They investigate the analysis and specify some c
crimes in the case. They integrate into the elements of the crimes in the case. They within the FICREA case.
justification of the need for the law reform the integrate into the justification of the need investigate the elements o
Justification of criminal aspects that could be avoided with the for the law reform the criminal aspects that crimes in the case and pres
the reform reform to be proposed and from this they structure could be avoided with the reform to be report of said analysis.
the general outline of the reform proposal. proposed.

Students identify conflicts and points of tension in the Students identify conflicts and points of tension Students identify conflicts
law and share possible solutions, collaboratively in the law and share possible solutions, points of tension in the law
integrating possible solutions from comparative law collaboratively integrating possible solutions share possible solu
Proposal research. They justify the solution they propose and from comparative law research. They justify collaboratively integr
share in plenary. the solution they propose. possible solutions
comparative law research.
The document presented by the student meets the The document presented by the student meets The document presented b
legal requirements of the law reform proposal. some legal requirements of the law reform student meets at least on
proposal. the legal requirements o
Proposal proposed law reform.
requirements
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study

DELIVERABLE 7
E7 EVIDENCE VIDEO NEWS

Purpose of the deliverable That the student demonstrate his orality and creativity capacity by presenting his
opinions on the topic of the ficrea credit institution, transmitting a message to the general
public.

Introduction Young people today must have the necessary skills to function in this demanding
society, and one of them is the ability to speak, and one of the changes that have
occurred has been in our legal system, in which the majority part of the lawyers will have
intervention. By recording themselves pretending to be on a news program, the student
will analyze the different aspects that a speaker must have and their argumentative
capacity.

Advance instructions E7-1

The preparation and presentation of the video is intended to motivate orality, creativity
and development of the student's personality.

In this first advance it is intended that the student:

1. Find out how a newscast is organized.

2. Define the role that each of the team members will play in the newscast.
3. Establish the purpose to be achieved with the newscast.
4. Investigate individually the role they are going to play in the newscast.
5. They prepare the news with the prior knowledge they have of the FICREA
case.
6. They share information with the group to reach agreements about the
organization.
7. They make the video with the agreements made in the group and the approved
information.
8. They present the video that was generated with the activity.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
Rubric of deliverable 7
EVIDENCE VIDEO NEWS (E7)

Category Very high High Half

/Level (10-9) (8-7) (6-5)

The video clearly shows the team's opinion on

the Ficrea topic and does so fluently and The video shows the student's opinion The video shows the student's T
eloquently, showing confidence and on the topic of Ficrea, confidently but opinion on the Ficrea issue, but s
Purpose assertiveness when communicating the ideas without being assertive and eloquent does so in a reserved and is
of the topic. in oral expression. insecure way.

The facial and body expressions in the video The facial and body expressions in the Facial and body expressions F
show mastery of the topic throughout the video show interest and enthusiasm in show little interest and d
presentation of the news and/or reports and the the topic during the presentation of the enthusiasm in the topic during p
Expressiveness students act naturally. news and/or reports but are a bit the presentation of the news re
exaggerated. and/or reports.

Investigation The news and/or reports are addressed correctly The news and/or reports are addressed Only 40% of news and/or reports O
and accuracy of and contain valid arguments in their entirety, correctly, contain arguments and show are addressed accurately, a
facts reflecting the veracity and precision of the facts 70% accuracy of the facts. truthfully and adequately. tr
around Ficrea.

The video shows the work carried out in a clear, The video presents the work done. It The video presents the work T
concise and organized manner. It perfectly perfectly reflects the learning of the topic carried out but the information in
reflects the learning of the topic and the although it is too long and contains is not well organized and there a
Content and synchronization of each of the team members inaccuracies and disorganization are points that are not clear. o
presentation of in the presentation. among the participants. c
the topic in
w

The videos included in the newscast in their The included videos show good quality Only 50% of the videos show O
Graphic quality entirety have excellent graphic quality (video but only 3 are well edited and related to good quality. q
of the material and audio) and are related to the news the news. th
presented.

Edit the video creatively , applying effects and Edit and apply effects to the videos but Apply effects but not music to It
Multimedia music to the presentation of news and/or reports. they are not in accordance with what videos. w
effects is presented. th
p

DELIVERABLE 8
PROFESSIONAL ADVICE TO A FINANCIAL INSTITUTION E8

Purpose of the deliverable The student must demonstrate the ability to apply their knowledge
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
effectively in the specific area of advising a non-banking credit entity in
its semi-annual supervision and evaluation process.

Introduction In a market like the current one, globalized and changing, the survival of
companies, including credit auxiliaries, are closely linked to the
supervision and evaluation process, the result allows them to continue
operating and attract more partners for their growth.

Advance instructions E8-1

The student constructs the material and retrieves information necessary to

provide advice to a non-banking credit entity in its supervision and evaluation
process.

In this first advance it is proposed that the student:

1. Meet with the non-bank lender.
2. Identify deficiencies resulting from previous immediate
supervision and evaluation.
3. Prepare a folder of recommendations or suggestions in which
you can correct any deficiencies detected.
4. Present the proposal to the credit institution for evaluation.

E8-2
Evidence of the advice provided to a credit institution.

In this second advance it is proposed that the student:

1. Present the folder of recommendations or suggestions with the
signature of receipt from the head of the non-banking credit
entity.
2. Support and/or guide directly and permanently in updating
information that will be required in the next supervision and
evaluation and document it photographically.
3. If possible, be present at the supervision visit and intervene as
an advisor if necessary.
4. Prepare a final report of professional experience as a
consultant with the integration and description of photographic
material.
5. Exhibit, where appropriate, the result of the immediate
subsequent supervision or evaluation.
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Rubric of deliverable 8
Professional advice to a financial institution (E8)
Category/Level Very high High Half
(10-9) (8-7) (6)
The student appears before the auxiliary The student appears before the auxiliary The student appears before the auxiliary
credit institution, requests an interview with credit institution, requests an interview with credit institution, requests an interview
the board of directors, explains the reason the board of directors, explains the with the board of directors, explains the
for his visit, and requests authorization reason for his visit, but does not ask for reason for his visit vaguely.
to carry out the project. authorization to carry out the project.

Preparation
The student requests and has access to The student requests and has access to The student requests and has access to
the previous immediate supervision and the previous immediate supervision and the previous immediate supervision and
evaluation document, identifies evaluation document, identifies evaluation document, identifies
deficiencies in light of the legislation and deficiencies in light of the legislation deficiencies empirically.
Analysis integrates observations. without integrating observations.
The student prepares a folder of The student prepares a folder of The student prepares a folder o
recommendations or suggestions recommendations or suggestions recommendations or suggestion
(minimum 15) in which they can correct (minimum 10) in which they can correct (minimum 5) in which they can correc
Recommendations any deficiencies detected or improve some any deficiencies detected or improve some any deficiencies detected or improve
folder aspects. aspects. some aspects.

The student presents the proposal to the The student presents the proposal to the The student presents the proposal to the
credit institution for evaluation and it is credit institution for evaluation and it is credit institution for evaluation and it i
accepted in all its terms. accepted with observations. taken as a recommendation.
Assessment
The student directly supports (in person The student supports directly and The student indirectly supports onl
and virtually) in updating information that permanently in updating information that by resolving doubts through the
will be required in the next supervision and will be required in the next supervision and telephone or email in updating
evaluation and documents it evaluation but does not document it information that will be required in the
Support photographically. photographically. next supervision and evaluation.

The student is present at the supervision The student is present at the supervision The student is present at the
visit and intervenes as an advisor if visit and intervenes as an advisor but supervision visit but does not intervene
Direct or indirect
necessary. with deficiencies. as an advisor.
intervention
The student prepares a final report of The student prepares a final report of The student prepares a final report o
professional experience as an advisor professional experience as an advisor professional experience as an adviso
with the integration and description of without the integration and description without the integration and description o
photographic material , and also of photographic material, but does photographic material and without the
Report attaches proof from the credit institution attach proof from the credit institution credit institution's proof of his or he
that certifies his or her performance. where he accredits his performance. participation.

The student exhibits, where appropriate, The student exhibits the result of the The student exhibits, where appropriate
the result of the immediate subsequent immediate subsequent and satisfactory the result of the immediate subsequen
Direct result
supervision or evaluation and it is supervision or evaluation. supervision or evaluation and shows
excellent. improvements.

ANNEX III. VIRTUALIZATION OF THE CASE STUDY ON THE MOODLE PLATFORM

For the development of the course and delivery of the activities, it is proposed to work with the Moodle platform,
for which it is necessary to request the Exportation of the online course Disciplinary Case Study from the
Learning Technologies Coordination of the Centro Universitario del Norte. in Commercial Law, hosted as shown
in the following images:

Course presentation
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Commercial Law Disciplinary Case Study
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Commercial Law Disciplinary Case Study
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Commercial Law Disciplinary Case Study

E1. Documentary sheet

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Commercial Law Disciplinary Case Study

E2. Audio and Self-assessment

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Commercial Law Disciplinary Case Study

E3. Financial Literacy Workshop

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Commercial Law Disciplinary Case Study

E4. Discussion video

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Commercial Law Disciplinary Case Study

E.5 Official Communiqué

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E.6 Reform Proposal

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E7. News Video

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Commercial Law Disciplinary Case Study

E8. Professional Advice to Financial Institution

Resources
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Commercial Law Disciplinary Case Study

ANNEX IV. FICREA CASE: FROM LEGALITY TO VULNERABILITY OF POPULAR

SAVINGS AND CREDIT IN MEXICO
Justification

FICREA CASE: FROM LEGALITY, TO THE VULNERABILITY OF POPULAR

SAVINGS AND CREDIT IN MEXICO

Martínez Márquez, Marco Antonio; Muñoz García, Martha María de los Ángeles; Pinedo
Muñoz, Ma. Conception; Díaz Márquez, Blanca Azucena; Ávila Nava, Carlos Javier; Pinto
Soriano, Elvira. Coordination: Nieto Caraveo, Ma. Eugenia.

Introduction

The Popular Financial Society FICREA SA de CV SFP, a credit entity that operated in Mexico
since 2008 when it was established with tax domicile in Guadalajara, until 2014 when it was
intervened and subsequently declared bankrupt, was considered a consolidated company in
the field of savings and credit services. , with more than 30 branches throughout the country.
In 2014, they had 13,014 clients accounting for assets of 6,387,765,000, which represented
21.54% of the total SOFIPOS that operated (El Financiero, 2014) (Carbajal, 2016). Based on
the aforementioned data, it served a large sector of the population, who deposited their
savings in it, which in some cases were the assets that the clients had accumulated
throughout their lives, as testimonies in the media showed (Becerra, 2017 ) (SDPnoticias,
2014); These savers were joined by government agencies that participated as clients by
depositing resources in it, such as the Superior Court of Justice of the Federal District (El
Universal, 2015) and the Superior Court of Justice of Coahuila, which deposited 90 million
pesos in FICREA. that had been allocated to the Fund for the Improvement of the
Administration of Justice (El Financiero, 2015) (El Norte, 2015) (Proceso, 2014).

Within the structure of the Mexican Financial System, authorities in financial matters are
recognized, such is the case of the National Banking and Securities Commission (CNBV),
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which in accordance with article 7 of the Credit Institutions Law 7 Its objective is to
ensure and supervise its healthy development.

Summary:
YO. Background
II. Chronology of events.
III. Reference framework to 2017
IV. References.
v. Annexes.

I. Background
The Ministry of Finance and Public Credit [SHCP] published the provision of the National
Banking and Securities Commission [CNBV] of December 19, 2014, where through Official
Letter No. P/142/20148 , the commission, in compliance with the powers granted to it by
articles 37, section XII, of the Popular Savings and Credit Law, 4, sections XI and XXXVIII of
the CNBV Law, revoked the authorization9 (Official Gazette of the Federation, 2014) which
had been granted on June 27, 2008 to FICREA SA de CV, SFP to operate as a popular
financial company through Official Letters 311-31470/2008 and 134-21751/2008 10 issued by
the CNBV (Official Gazette of the Federation, 2008)( see Supplements 1 and 2 of the Case ).
FICREA “… was a company endorsed by the Federal Government through the National
Banking and Securities Commission (CNBV), it provided basic financial services such as
investment, savings and credit products since 2008” (Goméz, 2015). Among the operations
carried out under the terms of the Popular Savings and Credit Law were receiving deposits,
receiving loans and credits from banks, public trusts and international organizations,
insurance and bonding Afores, issuing and operating debit cards and reloadable cards,
granting loans or credits, receiving or issuing payment orders and transfers, and carrying out
the purchase and sale of foreign currency (Cortés, 2016).
Rafael Olvera Amezcua was identified as the owner of the financial company that until 2014,
when the authorization was revoked, had 37 branches in the country and 98% of the loan

7 Credit Institutions Law. http://www.diputados.gob.mx/LeyesBiblio/pdf/43_170616.pdf

8 Published in the Official Gazette of the Federation on December 23, 2014.
9 See annex Supplement 1 of the Case.
10 Published in the Official Gazette of the Federation on August 5, 2008.
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portfolio was through a public limited company called Leadman Trade , which
due to its legal nature (SA) was not subject to supervision by the CNBV, contrary to FICREA
which, being a Popular Financial Company (SFP), the Popular Savings and Credit Law in its
article 9 establishes that for its authorization :
Article 9.- A favorable opinion from a Federation and authorization will be required to be granted
at the discretion of the Commission, for the organization and operation of the Popular Financial
Companies. By their very nature, authorizations will be non-transferable. (Popular Savings and
Credit Law, 2014)
The TRADE group was made up of three companies, Leadman Trade SA de CV, FICREA SA
de CV SFP, and Baus & Jackman Lasing SA de CV; It offered comprehensive financial
solutions for the Government sector that provided the services and tools necessary for large-
scale management and control to develop and implement services (Garza, 2015). In his
article “Ficrea and the fragile regulation”, Cortés noted:
Additionally, illicit operations were observed by three related companies, the aforementioned Ledman
Trade SA de CV, Baus & Jakcman Leasing SA de CV. and Monka Comercial SA; According to the
Commission, in October 2014 the credit portfolio was 6,284 million pesos, transferring an amount of
5,900 million pesos to related companies; however, only the transfers of 3,200 million pesos could be
verified. These resource triangulation operations, although not illegal, do cause suspicion of money

laundering (Cortés, 2016, page 99) .

As growth strategies, in 2014 FICREA launched a massive campaign with the actor Alfredo
Adame as spokesperson; trips, screens and piggy banks were also given away (Forbes,
2015); offering annual interest rates up to 10.2%, which represents 3 times more than
banking entities (Valdivia, 2015). The more money savers deposited, the more returns they
received (Todoactualidad, 2014). Not only private individuals and corporations were affected;
Among the investor clients were the Superior Court of Justice of the Federal District and 10
States of the Republic (Carbajal, 2016, page 102), such was the case of the Government of
the State of Coahuila (Garza, 2015).
The news of the management intervention in FICREA spread on November 7, 2014; The next
day the CNBV published a notice in which it announced the measure and in which it ordered
the borrowers and tenants of SOFIPO, as well as companies related to this company, to
continue complying with their payments and that the credit accounts continued to operate.
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normally, but before the end of the year the liquidation was announced, since the
intervention revealed various fraudulent operations, including the diversion of resources for
2,700 million pesos that made it unviable for SOFIPO to continue operating (Valdivia, 2015,
page . 60).
To meet the obligations of the financial companies placed in the case of FICREA, in Mexico
there was then the Fund for the Protection of Popular Financial Companies and the Protection
of their Savers and whose purpose referred, in its version of the last reform in January 10 of
2014, the Popular Savings and Credit Law in its Fourth Section. In article 105 second
paragraph, it established that
The primary purpose of the Protection Fund will be to try to cover the money deposits of each saver
referred to in subsection a) of section I of Article 36 of this Law, in the terms established by Article 112 of
the same, up to an amount equivalent to twenty-five thousand UDIS, per individual or legal entity,
regardless of the number and type of operations in their favor and in charge of the same Popular
Financial Company, in the event that its dissolution and liquidation is declared, or decree its bankruptcy

(Popular Savings and Credit Law, 2014, page 66) .

Due to requests for information, at the request of the National Institute of Transparency,
Access to Information and Protection of Personal Data [INAI], the CNBV had to deliver a
public version of the reports that display the public version of documents on its web portal 11
(Proceso, 2015) and in compliance with what was ordered by the 14th District Judge in Civil
Matters of the Federal District, publications were made related to the lists of FICREA
Creditors, through the official website12 of the National Commission for the Defense and
Protection of Users of Financial Services to make public the progress in the commercial
bankruptcy (CONDUSEF, 2017) .

11Website with public information issued by the CNBV as a result of the supervision functions of FICREA, SA de CV,
SFP: https://www.gob.mx/cnbv/documentos/process-intervencion-ficrea
12 Website with the progress of the Ficrea commercial bankruptcy: https://www.gob.mx/condusef/documentos/atenta-
nota
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II. Chronology of events.

April 13, 2012

The debt rating agency HR Ratings indicated in its rating report that
...the negative factors that affected the Company's rating are related to its limited corporate governance,
due to the lack of independent directors on its board of directors, as well as the lack of clarity and
transparency in its internal financial statements and annual reports. Additionally, they maintain a
significant level of their funding tools with related parties [referring to FICREA as a related party] , as
well as part of their financial assets (HR Ratings, 2012, page 26).
For some commentators this had been a warning that was overlooked (El Universal, 2017),
(Gutierrez, 2015), (Sánchez, 2014).

March 19th, 2013

In Madrid, Spain, the company Leadman Trade España, SL was created, which was
considered the company that triangulated FICREA's operations; The commercial registry of
Madrid recorded that the initial capital was 3 thousand euros and the company's
representatives were Rafael Olvera Silva and Susana Silva de Olvera, son and wife of the
owner of Ficrea; In less than a year, the capital of this company increased to 8.9 million euros
(161 million pesos at the current exchange rate) (Ramírez, 2014) (Expansión, 2015).

November 7, 2014
FICREA is intervened by the CNBV “derived from the identification of serious regulatory
problems detected during various inspection visits by the CNVB in financial, operational and
risk matters, and evaluation of compliance in matters of prevention of money laundering.
money” (CNBV, 2014), (El Financiero, 2014) .

November 8, 2014
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The Governing Board of the CNBV informs FICREA clients that, by law, the
Savings Protection Committee would define the process to pay them (CNBV, 2014),
(Expansión, 2014).

November 18, 2014

The first demonstrations of savers defrauded by FICREA begin (El Norte, 2014) “… mainly
pensioners, dissatisfied with when they will be able to withdraw the money they had
accumulated in this financial institution, on average each saver had more than 130 thousand
pesos” (El Financiero, 2014 ).

November 19, 2014

A meeting was held between FICREA savers and officials from different bodies: National
Commission for the Protection and Defense of Users of Financial Services (CONDUSEF),
CNBV, Attorney General's Office (PGR) and the Managing Comptroller of FICREA ( CNBV,
2014).

November 26, 2014

In the minutes of the meeting between savers, CONDUSEF and CNBV officials, as well as
the intervening manager of FICREA, the agreement was stipulated that the objective was to
work together to reactivate the Popular Financial Society under a viable scheme that would
safeguard the interests of savers (CONDUSEF, 2014). An inventory was made of the bank
accounts, the database of the company's savers and debtors, as well as the Ficrea accounts,
and both savers and authorities defined within the agreements that the future would be
decided on December 3 of the financial institution and the resources were unfrozen so that
clients could receive their payments (Expansión, 2014).

December 19, 2014

The CNBV announced that according to an investigation, SOFIPO maintained irregularities in
the provision of resources in a discretionary and arbitrary manner (Expansión, 2014)
(Reforma, 2014), there was a diversion of around two thousand 700 million pesos for the
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purchase of goods ( El Financiero, 2014). Among the properties attributed are
the yacht model Prestige 6205, baptized as Pollina Chirindongo II with a value of 1.3 million
dollars, indicated as the architect of the FICREA fraud (El Economista, 2017), apartments in
Florida, eight apartments in Coastal Towers, a condominium buildings facing the sea in
Sunny Isles and an island north of Miami (Ramírez, 2014).

January 6, 2015

An arrest warrant is issued against Rafael Antonio Olvera Amezcua, main partner of FICREA,
who is accused of carrying out operations with resources of illicit origin and organized crime;
the PGR requests support from Interpol to arrest him (El Financiero, 2014).

April 9, 2015

Within the Senate of the Republic, the Bicamaral Working Group for analysis of the legislation
applicable to popular savings figures and for monitoring the liquidation process of Ficrea, SA
de SV, SFP, presented to the President of the Board of Directors Senator Miguel Barbosa
Huerta, the preliminary report of the Bicamaral Working Group to analyze the legislation
applicable to popular savings and credit figures and to monitor the liquidation process of
FICREA SA de CV, SFP . The working group had the purposes of analyzing the Popular
Savings and Credit Law, reviewing the legislation on the matter, expediting the recovery of
assets and obtaining inputs for the work procedure (Senate of the Republic, 2015).

October 7, 2015

Meeting of the CONDUSEF and the Ministry of Finance and Public Credit with FICREA
savers, informing them of the participation they will have in the company's liquidation process,
announcing the means in which the progress will be published13 (CONDUSEF, 2015).

13 The progress would be made through the official website of the supervision agency www.condusef.gob.mx ; at the Call
Center 01800 999 8080 with a specialized Desk; and in cases that have not yet received deposit insurance, they could be
attended to by calling 54 48 71 94.
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June 27, 2016

The CONDUSEF publishes the notice of the First partial payment to defrauded parties as of
June 27, 2016, in accordance with the list of creditors recognized in the Judgment of
Recognition, Graduation and Priority of Credits, of May 30, 2016, issued by Judge 14 ° of
District in Civil Matters of the First Circuit (CONDUSEF, 2016).

November 7, 2016

FICREA savers, around 100 people, most of them elderly, demonstrated outside the CNBV,
to symbolically close the facilities and demand all of their resources, since 1,800 investors
with accounts less than 25,000 UDIS had already recovered all of their money and those who
exceeded the amount had only received approximately 10% of their money (El Economista,
2016).

December 5, 2016

The CONDUSEF published the notice of the Second partial payment to defrauded parties
from December 15 to 21, 2016, in accordance with the list of recognized creditors in the
Judgment of Recognition, Graduation and Priority of Credits, of May 30, 2016, issued by the
14th District Judge in Civil Matters of the First Circuit. (CONDUSEF, 2016)

September 6, 2017

The CONDUSEF published the notice of the Third partial payment to defrauded individuals
from September 6 to 12, 2017, in accordance with the list of creditors recognized in the
Judgment of Recognition, Graduation and Priority of Credits, of May 30, 2016, issued by
Judge 14 ° of District in Civil Matters of the First Circuit. (CONDUSEF, 2017)

III. Reference framework to the year 2017

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Rafael Olvera Amezcua, a fugitive from the Mexican authorities, considered in
some newspapers, an investor in the United States used funds transferred from Mexico to
participate in the EB-5 investor visa program (Zócalo, 2017) (El Siglo de Torréon, 2017),
(XEU, 2017), however, maintained a lawsuit in a court in that country, filed by Javier Navarro,
Trustee of the commercial bankruptcy and representative of the almost 4,900 creditors of
FICREA in 2017; The objective was to take away assets in favor of the defrauded of the
financial company, which are estimated to have a value of around 65 million dollars including
real estate, bank accounts, cars, among others, so they would have to demonstrate that their
purchase was not with recourse. FICREA savers (El Economista, 2017) .

Until December 2017, FICREA creditors had received 3 partial payments of their investments
(CONDUSEF, 2016) (CONDUSEF, 2017) (CONDUSEF, 2016) and the CNBV continued
reporting on its web portal14 , considering it a matter of public interest and in compliance with
its transparency policy, the public version of documents related to FICREA, SA de CV, SFP
(CNBV, 2017)

14 Page made available by the CNBV to see the progress of the financial company's intervention process.
https://www.gob.mx/cnbv/documentos/process-intervencion-ficrea
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IV. BIBLIOGRAPHY
Becerra, J. (2017). They entrusted their retirement to Ficrea . Obtained from El Norte:
http://www.elnorte.com/aplicacioneslibre/articulo/default.aspx?
id=396782&md5=0e1fdfc1dc6bcd4534fdb43fdcbd62a6&ta=0dfdbac11765226904c16cb9ad1b2efe&po
=4

Carbajal, R. (January-February 2016). Ficrea and fragile regulation. Obtained from

http://www.economia.unam.mx/assets/pdfs/econinfo/396/06PesquisaCarbajal.pdf

CNBV. (November 2014). CNBV. Obtained from CNBV / Prensa:

http://www.cnbv.gob.mx/PRENSA/Documents/Despgado%20Ficrea_2.pdf

CNBV. (2017). Public information issued by the CNBV as a result of the supervision functions of FICREA, SA de
CV, SFP . Obtained from https://www.gob.mx/cnbv/documentos/process-intervencion-ficrea

CONDUSEF . (November 26, 2014). Obtained from Minutes of the meeting of November 26, 2014:
https://www.gob.mx/cms/uploads/attachment/file/192884/Minuta_reuni_n_26-11-2014.pdf

CONDUSEF . (October 15, 2015). Obtained from Meeting of the CONDUSEF and the Ministry of Finance and
Public Credit with savers from: https:www.gob.mx/cms/uploads/attachment/file/128564/reunion-
condusef-shcp-ahorradores.pdf

CONDUSEF . (December 5, 2016). Obtained from Second partial payment to Ficrea Creditors:
https://www.gob.mx/cms/uploads/attachment/file/170909/2dopagoparcial.pdf

CONDUSEF. (May 24, 2016). First partial payment to Ficrea Creditors . Obtained from
https://www.gob.mx/cms/uploads/attachment/file/192923/Web_1er_pago.pdf

CONDUSEF . (2017). Obtained from https://www.gob.mx/condusef/documentos/atenta-nota

CONDUSEF . (September 6, 2017). Obtained from Third partial payment to Ficrea savers:
https://www.gob.mx/cms/uploads/attachment/file/254074/Web_3er_pago.pdf

Cortes, R. c. (December 26, 2016). Ficrea and fragile regulation . Obtained from Economía informa, 96-106:
http://www.economia.unam.mx/assets/pdfs/econinfo/396/06PesquisaCarbajal.pdf

Official Journal of the Federation . (August 5, 2008). Obtained from Authorization for the organization and
operation of "Ficrea, SA de CV, SFP", as a Popular Financial Society.:
http://dof.gob.mx/nota_detalle.php?codigo=5055384&fecha=05/08/2008&print=true
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Official Journal of the Federation . (August 5, 2008). Obtained from
http://dof.gob.mx/nota_detalle.php?codigo=5055384&fecha=05/08/2008

Official Journal of the Federation . (December 24, 2014). Obtained from

http://www.dof.gob.mx/nota_detalle.php?codigo=5376983&fecha=23/12/2014

Official Journal of the Federation . (December 23, 2014). Obtained from OFICIO through which the
authorization granted to Ficrea, SA de CV, SFP, to operate as Sociedad Financiera Popular is revoked:
http://www.dof.gob.mx/nota_detalle.php?codigo=5376983&fecha=23/ 12/2014

The Economist . (November 7, 2016). Retrieved from

https://www.eleconomista.com.mx/sectorfinanciero/Ficrea-a-dos-anos-del-mayor-escandalo-de-una-
sofipo-20161107-0279.html

The Economist . (August 29, 2017). Obtained from

www.eleconomista.com.mx/sistema-financiero/2017/08/29/yate-discordia-caso-ficrea

The Economist . (March 29, 2017). Obtained from Trial in the US, the other fight against Olvera:
https://www.eleconomista.com.mx/sectorfinanciero/Juicio-en-EU-la-otra-pelea-contra-Olvera-
20170329-0043.html

The financial . (sf). Obtained from http://www.elfinanciero.com.mx/pages/inversiones-de-los-defraudados-por-

ficrea.html

The financial . (November 7, 2014). Obtained from CNBV Sofipo Ficrea intervenes for alleged money
laundering: http://www.elfinanciero.com.mx/economia/cnbv-pgr-condusef-ficrea-sofipo-
irregularidades.html

The financial . (November 14, 2014). Obtained from FICREA, fraud chronology:
http://www.elfinanciero.com.mx/nacional/ficrea-cronologia-del-fraude.html

The financial . (March 18, 2015). Obtained from They ask for criminal sanctions against the agencies that
invested in Ficrea: http://www.elfinanciero.com.mx/nacional/piden-sanciones-penales-a-las-
dependencias-que-invirtieron-en-ficrea.html

The North . (November 26, 2014). Obtained from Block Insurgentes due to Ficrea case:
http://www.elnorte.com/aplicacioneslibre/articulo/default.aspx?
id=403473&md5=975c16a7a9bb4d0967a42d61959b2e40&ta=0dfdbac11765226904c16cb9ad1b2efe&
po=4

The North . (October 2015, 2015). Obtained from Salen in Coahuila 3 by Ficrea case:
http://www.elnorte.com/aplicacioneslibre/articulo/default.aspx?
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id=661746&md5=0cfe4554e15f14ff9280efda75d9f081&ta=0dfdbac11765226904c16cb9ad1b2efe&lcm
d 5=cd8956cd81c297914bf7c2c57cd374b8

The Century of Torreon . (July 19, 2017). Obtained from

https://www.elsiglodetorreon.com.mx/noticia/1364927.defrauda-en-mexico-hace-negocios-en-
eu.html.

The universal . (January 9, 2015). Obtained from TSJDF: 10 other states were defrauded:
http://archivo.eluniversal.com.mx/primera-plana/2015/impreso/iremos-con-todo-contra-ficrea-
advierte-elias-azar-48177.html

The universal . (April 19, 2017). Obtained from Batea la Corte FICREA case:
http://www.eluniversal.com.mx/entrada-de-opinion/columna/alberto-barranco/cartera/2017/04/19/
batea-la-corte-caso-ficrea

Expansion . (November 19, 2014). Obtained from Chronology of the case:

http://expansion.mx/negocios/2014/12/19/ficrea-la-cronologia-del-caso

Expansion . (January 21, 2015). Obtained from Olvera capitalized Leadman after intervention to FICREA:
https://expansion.mx/negocios/2015/01/21/olvera-capitalizo-a-leadman-tras-intervencion-a-ficrea

Forbes. (January 31, 2015). Ficrea: fraud-proof finances do not exist. p. https://www.forbes.com.mx/ficrea-las-
finanzas-proba-de-fraude-no-existen/.

Garza, S. g. (March 26, 2015). Senate of the Republic . Obtained from http://www.senado.gob.mx/index.php?
ver=sp&mn=2&sm=2&id=53659

Gomez, G. Q. (May 2015). FICREA case . Obtained from Trade Union Magazine:
http://www.stunam.org.mx/18analisis/2015/Revista%2035_may15.pdf

Gutierrez, F. (02/09/2015). The Economist . Obtained from HR Ratings rated since 2012 on Grupo Trade (syc):
https://www.eleconomista.com.mx/sectorfinanciero/HR-Ratings-elerto- desde-2012-sobre-Grupo-
Trade-20150209-0127.html

HR Ratings. (April 13, 2012). HR Ratings. Retrieved from https://www.hrratings.com/pdf/Leadman

%20Trade_Reporte_13042012.pdf

Popular Savings and Credit Law . (10 of January 2014). Obtained from
http://www.diputados.gob.mx/LeyesBiblio/pdf/17.pdf

Credit Institutions Law . (sf). Obtained from http://www.diputados.gob.mx/LeyesBiblio/pdf/43_170616.pdf

 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
Process . (December 23, 2014). Obtained from the Judiciary of Coahuila, among the defrauded
of Ficrea: http://www.process.com.mx/391344/poder-judicial-de-coahuila-entre-los-defraudados-de-
ficrea

Process . (August 18, 2015). Obtained from The CNBV must make Ficrea's file transparent:
http://www.process.com.mx/413183/la-cnbv-debera-transparentar-el-expediente-de-ficrea

Ramirez, P. (December 30, 2014). Indigo Report . Retrieved from https://www.reporteindigo.com/reporte/la-

fortuna-inmobiliaria-del-duenio-de-ficrea/

Reform . (December 22, 2014). Obtained from Ficrea: Fraudulent operation:

http://www.reforma.com/aplicacioneslibre/articulo/default.aspx?
id=424274&md5=dcf877e449f7b5927a37943add5ec26e&ta=0dfdbac11765226904c16cb9ad1b2efe&p
o=4

Sánchez, J. TO. (February 25, 2014). Millennium . Obtained from Ficrea, the chronology of Fraud:
http://www.milenio.com/negocios/defraudados_ficrea-que_es_ficrea-
fraude_ficrea_0_433756695.html

SDPnews. (December 24, 2014). Obtained from 3 reasons to understand why savers trusted Ficrea:
https://www.sdpnoticias.com/economia/2014/12/24/3-razones-para-entender- Porque-confiaron-
ahorradores-en-ficrea

Senate of the Republic. (April 9, 2015). Obtained from the preliminary report of the Bicamaral Working Group
to analyze the legislation applicable to popular savings and credit figures and to monitor the liquidation
process of FICREA SA de CV, SFP: http://infosen.senado.gob.mx
/sgsp/gaceta/62/3/2015-04-14-1/assets/documentos/INFORME_GRUPO_TRABAJO_BICAMARAL_DE_A
NALISIS.pdf

Todoactualidad . (December 24, 2014). Obtained from Video: The Ficrea Fraud explained - December 2014:
https://www.youtube.com/watch?v=8Ek1xHZxpT0

Valdivia, J. (2015). Ficrea, a fraud that exposes financial supervision and culture in Mexico, again. Obtained
from Plural Analysis: https://rei.iteso.mx/handle/11117/3073

XEU . (July 29, 2017). Obtained from From a fugitive from justice in Mexico to an investor in the United States:
http://www.xeu.com.mx/nota.cfm?id=916264

Socket . (August 2017). Obtained from Ficrea Defraudador is an investor in the US:
http://www.zocalo.com.mx/new_site/articulo/defraudador-de-ficrea-es-inversionista-en-eu
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study

ANNEX V. COMPLEMENT 1 OF THE CASE:

Letter of Revocation of Authorization granted to FICREA SA de CV, SFP
OF: 12/23/2014

FICE by which the authorization granted to Ficrea, SA de CV, SFP, to operate as a Popular Financial Society is revoked.

he margin a seal with the National Coat of Arms, which says: United Mexican States.- Secretariat of Finance and Public Credit.- National Bank
d Securities Commission.- Official Letter No. P/142/2014.
FICREA, SA de CV, SFP
Avenida de las Palmas no. 405,
Torre Óptima I, Office 101, Col. Lomas de Chapultepec,
Miguel Hidalgo Delegation, CP 11010,
Mexico Federal District.
ATN. LIC. FEDERICO MANUEL LÓPEZ CÁRDEN
NAGER INTERVENTOR
This National Banking and Securities Commission, based on articles 37, section XII, of the Popular Savings and Credit Law, 4, sections XI and XXXVIII of
w of the National Banking and Securities Commission; and in accordance with the First Agreement adopted by the Governing Board of the Commission itse
extraordinary session held on December 19, 2014, in order to comply with said legal regulations, issues this resolution to revoke the authorization, which
rate as a popular financial company, was granted to FICREA, SA de CV, SFP, in accordance with the following:
BACKGROUND
By agreement of November 7 of the current year, the National Banking and Securities Commission, in accordance with the provisions of articles 78 and 79
Popular Savings and Credit Law and 81 of the Supervision Regulations of the National Commission Banking and Securities, agreed to the managem
rvention of FICREA, SA de CV, SFP
On the same date, through official letter P-121/2014, the President of the National Banking and Securities Commission, appointed Lic. as Controller-Mana
aid Entity. Federico Manuel López Cárdenas.
By agreement dated November 7, 2014, the Savings Protection Committee of the Fund for the Protection of Popular Financial Companies and the Protec
heir Savers (Committee), approved the partial suspension of operations, as well as the temporary closure of the offices and branches of FICREA, SA de C
P
By letter dated December 17, 2014, received by this Commission on that same date, the Committee informed this Decentralized Body that it determin
ough an agreement adopted in an extraordinary session held on that same date, that FICREA, SA de CV, SFP, had to enter a state of dissolution a
idation, in accordance with the provisions of article 90, section V and 95, section IV, of the Popular Savings and Credit Law, designating the As
ministration and Disposal Service as liquidator.
Considering the above, on December 18, 2014, this Decentralized Body notified FICREA, SA de CV, SFP the official letter number 212/168301/2014, of
me date, by virtue of which it was summoned to revoke its authorization to operate as a Popular Financial Company. The above, as stated in the Notificat
utes of December 18, 2014.
To this end, in strict observance and respect of the guarantee of hearing, this Commission granted said Company a period of ten business days coun
m the day following its notification, to express what was appropriate to its right, offer evidence and formulate allegations, in relation to the cause of revocat
s authorization to operate as a Popular Financial Company, in which it was found located, which is provided for in section XII, of article 37 of the Popu
vings and Credit Law, attentive to the reasons that were presented in the Office itself.
n writing dated December 18, 2014, that Company exercised its right to a hearing granted in the letter referred to in the immediately preceding paragraph.
On December 18, 2014, this Deconcentrated Body notified the Atlantic Pacific Federation of the Popular Savings and Credit Sector, AC, of official le
mber 212/168302/2014, of the same date, by virtue of which, strictly observance of the provisions of article 37 of the Popular Savings and Credit Law, as
to issue an opinion in relation to the cause of revocation in which FICREA, SA de CV, SFP was considered to be located

On December 18, 2014, this Decentralized Body received the letter FAP/GG/322/2014, from the Pacific Federation of the Popular Savings and Credit Sec
by virtue of which it issued the favorable opinion through of the office referred to in the immediately preceding paragraph.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study

On December 19, 2014, the revocation of the authorization of FICREA, SA de CV, SFP was submitted to the consideration of the Governing Board of
ional Banking and Securities Commission based on the facts indicated in the numerals previous to this chapter.
Derived from the above, the legal provisions that underpin said agreement are referred to below, as well as the reasons and grounds by which it was decid
evoke the authorization to operate as Sociedad Financiera Popular, which at the time was granted to that company called " FICREA, SA de CV, SFP"
ordance with the following:
CONSIDERING
FIRST.- That based on articles 9 and 37 of the Popular Savings and Credit Law; 4, sections XI and XXXVIII, as well as 12, sections V and to agree to
ocation of said authorizations.
SECOND.- That article 37, section XII, of the Popular Savings and Credit Law, verbatim establishes:
RTICLE 37.- The Commission, after having heard the opinion of the respective Federation and after hearing the Popular Financial Society interested, m
lare the revocation of the authorization granted in accordance with Article 9 of this Law, as appropriate, in the following cases:

If it is dissolved, liquidated or bankrupt;

THIRD.- That this Deconcentrated Body became aware that FICREA, SA de CV, SFP, incurred the cause for revocation indicated in the preced
nsidering, since the Committee determined in an extraordinary session held on December 17, 2014, its dissolution and liquidation, in accordance with
visions of article 90, section V and 95, section IV, of the Popular Savings and Credit Law.
FOURTH.- That the National Banking and Securities Commission, through Official Letter number 212/168301/2014, dated December 18, 2014, cited
agraph 5 of the Background section of this Resolution, fully complied with the provisions of article 37, first paragraph, of the Popular Savings and Credit La
nting FICREA, SA DE CV, SFP, a period of ten business days so that, in use of its right of hearing granted by the aforementioned legal provision, it m
ress whatever was appropriate to his right, offered evidence and formulated allegations, in relation to the cause of revocation of his authorization to organ
function as the Popular Financial Company in which it is located, which was notified to him personally on December 18, 2014, as stated in the Notificat
utes of December 18, 2014.
Furthermore, based on the provisions of the aforementioned article 37, first paragraph, of the Popular Savings and Credit Law, through the official letter ci
umber 7 of the Background section of this Resolution, this Commission requested and obtained a favorable opinion of the Pacific Federation of the Popu
vings and Credit Sector, AC, in relation to the cause of revocation in which that Company is located, through the document referred to in section 8, of
ckground chapter of this Resolution.
FIFTH.- That of the comprehensive and exhaustive analysis of the content of the documents referred to in the Background chapter of this resolution,
mmons document previously referred to, as well as the content of the document of December 18 of the current year, presented before this Deconcentra
dy on the same day, by virtue of which that company discharged its right to a hearing regarding the cause of revocation by virtue of which it was summon
hout presenting allegations or evidence that would distort it; as well as the favorable opinion issued by the Pacific Federation of the Popular Savings a
dit Sector, AC, this Authority determines that said cause prevails.
The above is so, since from the analysis of official letter number 212/168301/2014, dated December 18, 2014, cited in paragraph 5, of the Backgrou
pter of this Resolution, it appears that this Commission summoned for revocation that Company for being located in the cause provided for in section XII
cle 37 of the Popular Savings and Credit Law.
As noted that the Savings Protection Committee of the Fund for the Protection of Popular Financial Companies and the Protection of their Savers, in
aordinary session held on December 17, 2014, determined the dissolution and liquidation of FICREA, SA de CV , SFP
SIXTH.- In consideration of the content of the documents cited in the Background chapter of this Resolution, as well as the statements made by t
mpany, in the document referred to in section 6, of the Background section of the This Resolution concludes the following:
a) FICREA, SA de CV, SFP, entered a state of dissolution and liquidation.
To this end, in official letter number 212/168301/2014, dated December 18, 2014, by virtue of which it was summoned to revoke its authorization to oper
a Popular Financial Company, the following was stated:
By means of a letter dated December 17, 2014, received by this Commission on that same date, the Committee informed this Decentralized Body that
ans of an agreement adopted in an extraordinary session held on December 17, 2014, it determined that in accordance with the provided in article 90, sect
of the Popular Savings and Credit Law, FICREA, SA de CV, SFP, entered into a state of dissolution and liquidation.
such, this Entity falls within the cause of revocation established in section XII of Article 37 of the Popular Savings and Credit Law, which is referred to below
RTICLE 37.- The Commission, after having heard the opinion of the respective Federation and after hearing the Popular Financial Society interested, m
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study

lare the revocation of the authorization granted in accordance with Article 9 of this Law, as appropriate, in the following cases:

If it is dissolved, liquidated or bankrupt;

the above reasons, this Commission, in exercise of the power provided for in article 37 of the Popular Savings and Credit Law; in relation to the provisions
cles 2, 4, sections I and XXXVIII, as well as 19 of the Law of the National Banking and Securities Commission, grants them a period of ten business da
nted from the business day following that in which the notification of this Official Letter takes effect, so that in use of their right of hearing granted to them
aforementioned article 37, they express in writing addressed to the General Directorates of Supervision of Popular Financial Companies and to the Gene
ectorate of Litigation, what their right, offer evidence and formulate allegations, in relation to the cause for revocation of their authorization to operate a
pular Financial Company in which that Company is located; Therefore, they must send the documentation and information that, where appropriate, they de
ropriate."
To this end, through the document dated December 18, 2014, through which that Company exercised its right to a hearing enshrined in terms of
visions of article 37 of the Popular Savings and Credit Law, it stated the following:
n use of the guarantee of hearing, I inform you that in accordance with the report submitted by the undersigned to the Savings Protection Committee of
nd for the Protection of Popular Financial Societies and Protection of their savers, there are multiple irregularities in the operation of the company, since
estments and credits granted are closely linked and dependent on the related companies, therefore, it could not operate in a transparent manner to g
ainty and legal security to clients that their money and payments have a certain and determined destination, from which it follows that it does not allow its
ration, given the financial and operational conditions and therefore, there is the impossibility of continuing with the corporate purpose of FICREA SA de C
P.."
In this virtue, this Commission considers accredited the fact for which that Entity was summoned, through the summons document referred to in paragraph
he Background chapter of this Resolution and, therefore, the update of the cause for revocation provided for in section XII, of article 37 of the Popular Savin
Credit Law, consisting of:
RTICLE 37.- The Commission, after having heard the opinion of the respective Federation and after hearing the Popular Financial Society interested, m
lare the revocation of the authorization granted in accordance with Article 9 of this Law, as appropriate, in the following cases:

If it is dissolved, liquidated or bankrupt;

Attentive to the above considerations and taking into account that said Company did not present allegations or evidence that distorts the cause of revoca
which it was summoned, this National Banking and Securities Commission, with the prior agreement of its Governing Board, and with the purpose of prese
stability of the financial system as a whole, safeguarding the interests of the public:
SOLVE
FIRST.- This Deconcentrated Body based on the provisions of articles 37, section XII, of the Popular Savings and Credit Law; 4, sections XI and XXXVIII,
l as 12, section V, of the Law of the National Banking and Securities Commission; and in accordance with the Agreement adopted by the Governing Board
Commission itself in its ordinary session held on December 19, 2014, and the considerations that were expressed in this Resolution, revokes
horization to operate as a Popular Financial Company, granted to FICREA, SA DE CV, SFP, through Official Letter number 311-31470/2008 134-21751/20
une 27, 2008; Therefore, the liquidator must continue with the dissolution and liquidation process.
SECOND.- In accordance with article 37 of the Popular Savings and Credit Law, as of the date of notification of this Resolution, FICREA, SA DE CV, SFP
ble to carry out operations.
THIRD.- Notify this Resolution to FICREA, SA DE CV, SFP
FOURTH.- Based on the provisions of the penultimate paragraph of article 37 of the Popular Savings and Credit Law, register in the corresponding Pu
gistry of Commerce and publish in the Official Gazette of the Federation and in two widely circulated newspapers on present Office.
FIFTH.- Based on what is established in the penultimate paragraph, of article 16 of the Law of the National Banking and Securities Commission, in relation
provisions of articles 4, 9 and 12 of the Internal Regulations of the National Banking and Securities Commission of Securities, published in the Offi
zette of the Federation on November 12, 2014; 7, penultimate paragraph, and 30, section I, paragraph 3), of the Agreement by which the President of
ional Banking and Securities Commission delegates powers to the Vice Presidents, General Directors, Deputy General Directors of the same Commissi
ounced in said Official Gazette on October 2, 2009, amended by Decrees published in the aforementioned Gazette on May 8, July 4 and December 13, 20
vember 7, 2013 and January 3, 2014, and in terms of the ordered in the Agreement adopted by the Governing Board of the Commission itself in its ordin
sion held on December 19, 2014, it is delegated indiscriminately to the public servants of this Commission, Edgar Manuel Bonilla Del Ángel, René Trigo Ri
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study

la Patricia Montoya Gutiérrez, María Isabel Almaráz Guzmán, Ivonne Marcela López Franco, Angel Jonathan García Romo, Jesús Aarón Ruiz Zapata, Ta
ricia Morales Reyes, José Luis García González, Luis Antonio Rodríguez Rodríguez, Alfredo Omar Morlan Fernández, José Alberto Jimenez Rosales a
gelio García Martínez, the task of notifying, jointly or separately, this Official Letter through which the agreement adopted by the Governing Board of
mmission itself is fulfilled.
The President of the National Banking and Securities Commission informs you of the above, in accordance with the provisions of articles 16, section VI, of
w of the National Banking and Securities Commission; 12 of the Internal Regulations of the National Banking and Securities Commission and in terms of
eement adopted by the Governing Board of the Commission itself in its extraordinary session held on December 19, 2014.

Sincerely,
Mexico, Federal District, December 19, 2014.- The President, Jaime González Aguadé.- Heading.
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
ANNEX VI. COMPLEMENT 2 OF THE CASE:
Letter of Authorization of Operations to FICREA SA de CV, SFP

United States of Mexico

Secretariat of Finance and Public Credit
National Baking and Stock Commission
Vice Presidency of Regulations
General Technical Directorate
Vice Presidency of Supervision of Development Banking and Popular Finance
General Directorate of Supervision of Popular Savings and Credit Entities
Official letters 311-31470/2008 and 134-21751/2008
CNBV.311.311.16 (5677) "2008-06-27" <10>

Subject: Authorization for the organization and operation of "Ficrea, SA de CV,

SFP", as a Popular Financial Company.
Atlantic Pacific Federation of Entities
Popular Savings and Credit, SC (ATLANTIC)
International Highway to the Isthmus km 5.5,
No. 69, first and second level, CP 71246,
San Sebastián Tutla, Oaxaca de Juárez, Oaxaca
Ficrea, SA de CV (FICREA)
Netzahualcóyotl, corner Moctezuma No. 613, first floor,
Cabbage. Ciudad del Sol, CP 45050, Zapopan, Jalisco
Attn.: Eng. Diego Filiberto Duque Robledo
Legal representative of ATLANTICO
c. Joel Caraveo Cansino
Legal representative of FICREA

The Governing Board of this National Banking and Securities Commission (CNBV), in a session held on June 17, 2008,
and in response to the request of the Atlantico Pacific Federation of Popular Savings and Credit Entities, SC, contained in the
document received by this CNBV on April 4, 2008, by which, on behalf of the company called "Ficrea, SA de CV", requests
authorization from the CNBV for said company to organize and function as a Popular Financial Society, based on in articles 9
of the Popular Savings and Credit Law; 2, 4, section Xl and 12, section V, of the Law of the National Banking and Securities
Commission; and 1, 3, section I and 6 of the Internal Regulations of the National Banking and Securities Commission, among
others, agreed:
"TWENTIETH.- The members of the Governing Board, based on the favorable agreement of the Authorization Committee
of the National Banking and Securities Commission, adopted in its session of June 10, 2008, as well as the opinions
presented to said Committee contained in Annexes IX and of CVSFP", with a level of operations I, in terms of the Popular
Savings and Credit Law. "
This Authorization is granted in accordance with the following bases:
First.- Ficrea, SA de CV, SFP, will be organized and operate as a Popular Financial Company in accordance with the
provisions of articles 9, 10 and other applicable articles of the Popular Savings and Credit Law.
Second.- Ficrea, SA de CV, SFP, will be subject to the provisions of the Popular Savings and Credit Law, the General
Law of Commercial Companies, the others that are applicable to it and particularly the following:
I. Its name will be "Ficrea", which will be used followed by the words Sociedad Anónima de Capital Variable, Sociedad
Financiera Popular or its abbreviation SA de CV, SFP
ll. Its registered office will be located in the State of Jalisco and will have Operations Level I.
Third.- Due to its nature, the Authorization is non-transferable in accordance with the provisions of article 9 of the Popular
Savings and Credit Law.
Fourth.- The Authorization must be published, at the expense of the interested party, in the Official Gazette of the
Federation, in accordance with the provisions of the tenth paragraph of article 9 of the Popular Savings and Credit Law.
Fifth.- The Authorization will take effect on the business day following its notification, in accordance with the provisions of
article 135 of the Federal Tax Code, in supplementary application of the Law of
Popular Savings and Credit, in terms of the provisions of article 8 of said legal system.
Sixth.- In accordance with the provisions of article 37 of the Popular Savings and Credit Law, this CNBV may revoke the
Authorization in question, among others, if the company called Ficrea, SA de CV, SFP, does not present the testimony of the
deed or constituent bases for its approval referred to in article 10, section I of said legal system, within ninety business days
 UNIVERSITY OF GUADALAJARA
Commercial Law Disciplinary Case Study
from the authorization having been granted, or, if it does not begin its operations within the following ninety
business days from the date of approval of said testimony.
Seventh.- For the purposes of what is indicated in the sixth base above, the company called Ficrea, SA de CV, SFP,
prior to the start of operations, must accredit to this CNBV that its operating, accounting and security systems, as well as its
offices , organizational structure and operation in general, as well as its operation and organization manuals, comply with the
applicable legal provisions, which will be verified through the inspection visits that this CNBV, or, where appropriate, the
Atlantic Pacific Federation of Savings Entities and Crédito Popular, SC, consider it necessary to carry out.
The above is notified based on the provisions of articles 8, section V and 9 of 7 of the Popular Savings and Credit Law;
134, section I, 135 and 136, first paragraph, of the Federal Tax Code; and in exercise of the powers conferred in articles 16,
sections I and XVI, as well as the penultimate and penultimate paragraphs, of the Law of the National Banking and Securities
Commission; 1, 3, 4, 9, 11, penultimate and last paragraphs, 12, 24, sections I, section a) and II, in relation to 16, section Vl
and 17, section XII, and 56 of the Internal Regulations of the Commission National Banking and Securities, published in the
Official Gazette of the Federation on August 18, 2003, modified by the decrees published in that Official Gazette on
December 21, 2005 and December 26, 2007; 17, section I, sections 1) and 3), 30, section I, section 2) and 40 of the
Agreement by which the President of the National Banking and Securities Commission delegates powers to the vice
presidents, general directors, chief supervisors and managers of the same Commission; as well as 1, sections III and VIII of
the Agreement by which the administrative units of the National Banking and Securities Commission are organically
assigned, both Agreements published in the Official Gazette of the Federation on February 20, 2008.
Sincerely
Mexico City, June 27, 2008.
National Baking and Stock Commission
The Technical General Director
Lic. Enrique Fernando Barrera Betancourt
Rubric.
The General Director of Supervision of Popular Savings and Credit Entities
Eng. Rodrigo Sánchez Arriola Luna
Rubric.