I. Not starting the operations within a term of six months as of the date when the pertinent authorization has been granted, or to suspend operations without cause during a term that exceeds six months;
II. The performance of activities contrary to the law, the regulations and other applicable provisions, as well as the nonobservance of conditions under which the authorization has been granted;
III. If the supplier omits to submit the information required by the Ministry, the Agency or the relevant auditors, or if the information submitted is false, inaccurate or incomplete;
IV. Due to an undue or untimely accounting recording of the transactions made by the supplier regarding each one of the groups formed, or due to the breach of its tax obligations;
V. The loss of the supplier's administrative capacity to fulfill its obligations, as well as the loss of the economic, financial and operating viability of the system, and
VI. Due to a change in the supplier's corporate purpose, or if the supplier is liquidated, subject to bankruptcy proceedings or dissolved.
When the Agency detects that the supplier has incurred in any of the grounds for revocation set forth in this article, it shall inform so to the Ministry.
For purposes of these provisions, the Ministry shall give notice to the supplier of the grounds for revocation it has incurred, so that the supplier may refute them within a term of five business days. In case the final decision rendered resolves to revoke the authorization, the supplier shall put the relevant corporation in a status of dissolution and liquidation, without the need of a resolution adopted by the shareholders' meeting.
Except for the provisions of this ordinance, the dissolution and liquidation of the corporation shall be made according to the provisions of the General Law of Business Corporations (Ley General de Sociedades Mercantiles).
If the revocation set forth in this article is resolved, the supplier shall establish the mechanisms and procedures that allow it to carry out the liquidation of the existing groups, as well as to comply with the obligations it assumed with consumers.
ARTICLE 63 QUINTUS.- The Ministry and the Agency, within the scope of their pertinent jurisdictions, shall verify the observance of this Law, the regulations and other applicable provisions. Likewise, they shall supervise the operation of the marketing systems indicated in this provision, and to this end, they may request information and documentation from suppliers and also establish the proper preventive and corrective measures. Likewise, they shall supervise the process to liquidate the groups indicated in the preceding paragraph, safeguarding the interests of consumers within the scope of their respective jurisdictions.
The suppliers shall be bound to hire third professional parties or external auditors in order to review the operation of the pertinent systems. Said professionals or external auditors shall be authorized by the Ministry under the terms set forth in the regulations, and their activities shall be subject to the rules of this last ordinance. These professionals or external auditors shall submit to the Ministry and the Agency any information they may request.
The Agency shall penalize professionals or external auditors that do not perform the obligations set out by the regulations, under the provisions of Article 128 of this Law, without prejudice to other pertinent legal actions. Likewise, the Agency may request the Ministry to revoke the authorization the latter would have granted to them.
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