Based of this youtuber Nick Robinson who I got to speak to via twitter. He didn't get a chance to look at the firmware but he told me that when he started his N3ds xl he was promoted to update it
https://twitter.com/NEzenwabachili/status/555844423263592449
Here's his video for his Unboxing of the N3ds xl
https://twitter.com/NEzenwabachili/status/555844423263592449
Here's his video for his Unboxing of the N3ds xl