PROCEDURAL STATUS OF THE JUDICIAL PROCEEDINGS AGAINST CNBV’S CORRECTIVE MEASURES OFFICIAL COMMUNICATION
Mexico City, April 12, 2023. In connection with the relevant events dated February 25, 2021, April 9, 2021, and April 12, 2021, by means of which Aleatica, S.A.B. de C.V. (“Aleatica” or the “Company”) (BMV: “ALEATIC”) informed the market about the corrective measures ordered by the National Banking and Securities Commission (the “CNBV”) through the official communication dated February 24, 2021 (the “Communication”) and the filing of a federal contentious administrative proceeding (annulment proceeding) against the Communication; and pursuant to CNBV’s express request, the Company informs the status of the ongoing judicial proceedings filed by the Company in connection with the Communication.
By ancillary ruling dated June 15, 2022, definitive precautionary measures were granted with regards to the Communication, to preserve the prevailing situation, without invalidating the effects of the Communication. In line with said precautionary measures, the Company continued complying with the corrective measures ordered by means of the Communication.
By ruling dated December 7, 2022, issued in the annulment proceeding, the Communication was declared null and void based on the form rather than on the substance of the Communication. By means of different rulings, the official communications regarding corrective measures addressed to the group companies Organización de Proyectos de Infraestructura, S.A.P.I. de C.V. and Concesionaria Mexiquense, S.A. de C.V. were also declared null and void, based on the form of said communications.
In this context, considering the limited legal certainty inherent to a decision based on the form of the Communication, Aleatica filed an amparo directo against the ruling of the annulment proceeding, to obtain a broader annulment of the Communication, which includes its substance. On its part, CNBV filed a motion for review seeking to overturn the annulment of the Communication. The motion for review filed by CNBV was dismissed and the amparo filed by Aleatica is ongoing.
In this regard, the Company highlights that the referred annulment ruling remains sub judice (does not have final and binding effects) and, for said reason and to give certainty to the markets, the Company will continue to comply with the corrective measures ordered by means of the Communication, at least, until final rulings are issued in the three proceedings concerning the companies of the group, they are notified, and their implications are studied by the Company. It is important to note that this is consistent with the information previously disclosed by the Company, including, but not limited, in the Relevant Event dated April 12, 2021.
Finally, the form of accounting registry, which is the subject of the Communication, only impacts the
asset value and shareholder’s equity value within Aleatica’s financial statements. As previously disclosed, the form of accounting registry mentioned above does not impact the cashflow
generation of the Company, it does not produce additional payment obligations, and it does not
impact the Company’s ability to comply with all of its obligations under financings. Further, such
form of accounting registry does not impact the Company’s contractual rights under the
corresponding concession titles.
About Aleatica, S.A.B. de C.V.
Aleatica, S.A.B. de C.V. is positioned as a relevant transport infrastructure operator in the industry within the metropolitan area of Mexico City, both for the number of concessions awarded and the miles of highways under management. Currently, Aleatica, S.A.B. de C.V. builds, manages, operates and maintains 7 toll roads and one airport. The highway and related infrastructure concessions are located in urban areas with high vehicular traffic in Mexico City, the State of Mexico and the State of Puebla. In the airport sector, Aleatica participates in the integral management of the second largest airport serving the Mexico City metropolitan area. For more information visit our web page www.aleatica.com
