Circular 1/2023 — Modifies Circular 13/2012

92 OFFICIAL GAZETTE Wednesday, February 1, 2023 BANCO DE MÉXICO CIRCULAR 1/2023 addressed to entities and financial intermediaries subject to the regulation and supervision of the Bank of Mexico, regarding the modifications to Circular 13/2012 (Electronic Attention Module).

A logo appears at the margin, stating: Bank of Mexico.

CIRCULAR 1/2023
TO THE ENTITIES AND FINANCIAL INTERMEDIARIES SUBJECT TO THE REGULATION AND SUPERVISION OF THE BANK OF MEXICO:

SUBJECT: MODIFICATIONS TO CIRCULAR 13/2012 (ELECTRONIC ATTENTION MODULE)

The Bank of Mexico, with the purpose of continuing to promote the sound development of the financial system, the proper functioning of payment systems, as well as protecting the interests of the public, considers it convenient to modify the regulation issued by this Central Institute regarding the Electronic Attention Module, in order to establish an agile and secure system, to improve the efficiency of the process for accrediting, modifying, and revoking the representatives and operators of the corresponding financial entities to carry out acts through the Bank of Mexico's Commission Registration System, and in this way, provide greater legal certainty and transparency to said entities regarding the acts carried out on their behalf in said system. Likewise, in attention to the modifications that, through Circular 9/2021, published in the Official Gazette of the Federation on November 22, 2021, are planned to be made to the Rules of the Electronic Attention Module (MAE) from the date indicated in the transitional provision of said Circular, as well as to the other modifications to said rules that, prior to that date, were made in accordance with Circular 6/2022, published in the aforementioned Official Gazette on April 4, 2022, for clarity, it is considered convenient to leave said Circular 9/2021 without effect and to foresee the respective cases based on the texts of said Rules currently in force.

For the above, based on articles 28, sixth and seventh paragraphs, of the Political Constitution of the United Mexican States, 24, 26, and 36, of the Bank of Mexico Law, 21, first paragraph, and 22, of the Law for Transparency and Ordering of Financial Services, 97, of the Credit Institutions Law, 350, third paragraph, of the Securities Market Law, 57, of the Law to Regulate Financial Technology Institutions, 87-D, eighth paragraph, of the General Law of Organizations and Auxiliary Credit Activities, 4, first paragraph, 8, fourth and eighth paragraphs, 10, 14, first paragraph, in relation to 25 Bis, fraction VII, 14 Bis, first paragraph, in relation to 17, fraction I, 14 Bis 1, first paragraph, in relation to 25 Bis and 20 Quáter, fraction IV, of the Internal Regulations of the Bank of Mexico, which grant the authority to issue provisions through the General Directorate of Financial Stability, the General Legal Directorate, the General Directorate of Affairs of the Financial System, and the Directorate of Policy and Studies of Payment Systems and Market Infrastructures, respectively, as well as Second, fractions I, IV, X, and XVII, of the Agreement on the Affiliation of the Administrative Units of the Bank of Mexico, has resolved the following:

FIRST. The provisions established in Circular 9/2021, published in the Official Gazette of the Federation on November 22, 2021, are left without effect.

SECOND. The title of the Rules, the definitions of “Comprobante” (Receipt/Proof), “Contestación de Actos” (Response to Acts), “MAE” (Electronic Attention Module), “Operador” (Operator), “Representante” (Representative), “Representante Calificado” (Qualified Representative), “Respuesta” (Response), and “Solicitud” (Request), contained in numeral 1; as well as numerals 2., 2.1, 2.2, 2.3, 3., 3.1, 3.2, 3.3, 4.1, 4.4, and 4.5 are modified, and the definition of “Disposiciones de Comisiones” (Commission Provisions), “Operador para el RECO” (Operator for the RECO), “Representante para el RECO” (Representative for the RECO), and “RECO” (Commission Registration System) are added to numeral 1, of the “Rules of the Electronic Attention Module”, issued through Circular 13/2012, to read as follows:

“RULES OF THE ELECTRONIC ATTENTION MODULE AND OF THE COMMISSION REGISTRATION SYSTEM”

“1. DEFINITIONS.- …
…
Comprobante: the Data Message generated by the Bank of Mexico and made known through the MAE or the RECO, depending on whether the actions correspond to be communicated through the respective system, to make it appear that:
a) the Bank of Mexico has delivered to the Entity in question:
i) a notice of imputation of non-compliance; ii) a Resolution; iii) a Response; iv) a request for information, or v) information in general. b) the Bank of Mexico has received from the respective Entity:
i) a Request; ii) a Response to Acts; iii) additional information, or iv) a recourse for reconsideration or review, as well as the subsequent promotions.
The respective Data Message will indicate the folio number, the date, and the time when the communication in question was made available to the Entity or when it was received by the Bank of Mexico, as applicable.

Contestación de Actos: the Data Message with the Electronic Signature of a Representative for the MAE, sent to the Bank of Mexico through the MAE, by which an Entity makes statements regarding an Act.
…
Disposiciones de Comisiones: the General provisions regarding the registration of commissions, issued by the Bank of Mexico through Circular 36/2010, published in the Official Gazette of the Federation on November 24, 2010, as they may be modified subsequently to their issuance.
…
MAE: the system named “Electronic Attention Module” developed and operated by the Bank of Mexico, through which:
a) the Entities, Agencies, and Authorities may, as applicable:
i) present Requests and additional documentation; ii) consult the requests for additional information they receive from the Bank of Mexico; iii) present the Response to Acts; iv) accredit or revoke before the Bank of Mexico Qualified Representatives, Representatives for the MAE, and Operators for the MAE; v) know the Acts, Resolutions, and Responses, and vi) present the recourses for reconsideration and review provided for in the applicable laws, as well as all those promotions related to their processing, and b) the Bank of Mexico may communicate to the Entities:
i) Responses; ii) Notices of imputation of non-compliance; iii) Resolutions; iv) requests for information; v) informational documents; vi) Orders for inspection visits referred to in the Supervision Rules; vii) Opinions referred to in the Supervision Rules, and

94 OFFICIAL GAZETTE Wednesday, February 1, 2023 viii) other Acts.
…
Operator for the MAE: the natural person designated and authorized by an Entity to have access to the MAE, with the sole object that this Entity may carry out the following actions: a) enter Requests, information, or Response to Acts, and b) consult the requests for additional information, notices of imputation of non-compliance, Responses, Resolutions, and, if applicable, other Acts issued by the Bank of Mexico.

Operator for the RECO: the natural person designated and authorized by an Entity to have access to the RECO, with the sole object that this Entity may carry out the following actions: a) enter Requests integrated with their respective Electronic Signature, as well as other information related to the corresponding Request presented through said system, and b) consult the requests for additional information as well as the Responses and, if applicable, other actions carried out by the Bank of Mexico. … Qualified Representative: the natural person designated and authorized by an Entity so that, through communications integrated with their respective Electronic Signature, this person presents to the Bank of Mexico, on behalf and for the account of said Entity, through the MAE or the RECO, as applicable, the communications to accredit and revoke Representatives for the MAE, Representatives for the RECO, Operators for the MAE, and Operators for the RECO, as well as to carry out the management corresponding to these, with respect to the use of the MAE or the RECO.

Representative for the MAE: the natural person designated and authorized by an Entity to integrate their Electronic Signature in the communications that this person presents to the Bank of Mexico, on behalf and for the account of said Entity, through the MAE, who may accredit and revoke Operators for the MAE, as well as carry out the management corresponding to these, with respect to the use of the MAE.

Representative for the RECO: the natural person designated and authorized by an Entity to integrate their Electronic Signature in the communications that this person presents to the Bank of Mexico, on behalf and for the account of said Entity, through the RECO, who may accredit and revoke Operators for the RECO, as well as carry out the management corresponding to these, with respect to the use of the RECO.
…
Response: the Data Message with the Electronic Signature of the authorized officials of the Bank of Mexico, through which this responds to a Request formulated by the corresponding Entity, made known through the MAE or the RECO.

RECO: the system named “Commission Registration System” referred to in the Commission Provisions.

Request: the Data Message of the Entity in question, presented by this to the Bank of Mexico, through the MAE or the RECO, as applicable, consisting of a request for authorization or any other of those referred to in the Commission Provisions or a consultation, as applicable, regarding the actions that the Entity may carry out through the MAE or the RECO.”

“2. REQUIREMENTS TO PARTICIPATE IN THE MAE OR IN THE RECO”

“2.1 Initial accreditation of Qualified Representatives to carry out the acts that correspond to be carried out through the MAE or the RECO, as well as Representatives for the MAE, Operators for the MAE, Representatives for the RECO, and Operators for the RECO

Each Entity, through a communication signed by its General Director, the head of the legal area, or any of the heads of the areas related to the presentation of Requests and Response to Acts, must request from the Bank of Mexico the accreditation of the persons who can perform functions as Qualified Representatives, Representatives for the MAE, and, if applicable, Operators for the MAE to carry out the acts that correspond to be carried out through the MAE, as well as those persons authorized as Qualified Representatives to carry out the acts that correspond to be carried out through the RECO, as applicable, who may be the same persons designated as Qualified Representatives to act through the MAE. The communications referred to in this paragraph must be accompanied by: a) a certified copy of the deed in which the powers of the person signing the referred communication appear, or a certification of their appointments issued by the secretary or deputy secretary of the board of directors or the governing board, as applicable, of the Entity in question, and b) the serial numbers of the respective Digital Certificates of the Qualified Representatives, Representatives for the MAE, and Operators for the MAE that the Entities request to be accredited through said communications.

The communications to request the accreditation of the persons that the Entities designate to carry out the acts that correspond through the MAE must be prepared according to the format attached as Annex 1 of these Rules, as well as be presented in writing to the attention of the Directorate of Authorizations and Sanctions of Central Banking. On the other hand, the communications to request the accreditation of the Qualified Representatives of the Entities to carry out the acts through the RECO must be prepared according to the format that said system makes available to them for these effects, as well as be presented through the MAE, to the attention of the Directorate of Information of the Financial System.

Additionally, for the accreditation of the Representatives for the RECO and Operators for the RECO, the Entities must present, through the RECO, the respective requests through communications prepared according to the format that the RECO makes available to them for these effects, signed by any of the Qualified Representatives previously designated to act in the RECO. In this case, the Entities must accompany said communications with the serial numbers of the Digital Certificates of the Representatives for the RECO and Operators for the RECO whose accreditation is requested.

It will be the responsibility of the Entities to ensure that the persons designated in accordance with the above have sufficient powers to use the MAE or the RECO, according to the type of accreditation corresponding to them. The persons who remain accredited as Qualified Representatives to carry out the acts that correspond to be carried out through the MAE cannot, by that sole character, carry out acts through the RECO, unless they remain accredited as Qualified Representatives to act in said system, in accordance with this numeral. Without prejudice to the foregoing, the Entities may designate as Qualified Representatives to act through the RECO, as well as Representatives for the RECO and Operators for the RECO, the same persons who are designated as Qualified Representatives to act through the MAE, as well as Representatives for the MAE and Operators for the MAE, provided that they correspond to the equivalent position in both systems.

The Entities that intend to begin using the MAE or the RECO, as applicable, must deliver the communications and information referred to in this numeral for the accreditation of Qualified Representatives, Representatives for the MAE, Representatives for the RECO, Operators for the MAE, and, if applicable, Operators for the RECO, with at least five Business Days in advance of the date on which they intend to begin using the MAE or the RECO.”

“2.2 Accreditation of Representatives for the MAE, Operators for the MAE, Representatives for the RECO, and Operators for the RECO, additional to those accredited previously

The Entities may request the accreditation of Representatives for the MAE and Operators for the MAE additional to those designated in accordance with numeral 2.1, through a request presented through the MAE by their Qualified Representatives or Representatives for the MAE previously accredited, as applicable, through a communication prepared according to the format provided in Annex 2 of these Rules, accompanied by the serial numbers of the Digital Certificates of these.

Likewise, the Entities may request the accreditation of Representatives for the RECO and Operators for the RECO additional to those designated in accordance with numeral 2.1, through a request presented through the RECO, by their Qualified Representatives to carry out acts through said system or Representatives for the RECO, previously accredited, as applicable, through a communication

96 OFFICIAL GAZETTE Wednesday, February 1, 2023 prepared according to the format that the RECO makes available to them for these effects, accompanied by the serial numbers of the Digital Certificates of these.

It will be the responsibility of the Entities to ensure that the persons designated in accordance with this numeral have sufficient powers to use the MAE or the RECO, according to the type of accreditation corresponding to them.”

“2.3 Revocation of the accreditation of Qualified Representatives, Representatives for the MAE, Operators for the MAE, Representatives for the RECO, and Operators for the RECO

The Entities, through their Qualified Representatives to carry out acts through the MAE, may revoke the accreditation of Representatives for the MAE and Operators for the MAE, through a notice presented through the MAE, in which they make known the name of the persons whose designation is revoked. In the same way, the Representatives for the MAE may revoke the accreditation of Operators for the MAE.

Likewise, the Entities, through their Qualified Representatives to carry out acts through the RECO, may revoke the accreditation of Representatives for the RECO and Operators for the RECO, through a notice presented through said system in which they make known the name of the persons whose designation is revoked. In the same way, the Representatives for the RECO may revoke the accreditation of Operators for the RECO.

The revocation of the Qualified Representatives may be carried out by any of the officials of the Entities mentioned in the first paragraph of numeral 2.1 of these Rules.

The Entities must maintain, at all times, the accreditation of at least one Representative for the MAE to carry out the acts that correspond through the MAE. Additionally, the Entities must maintain, at all times, the accreditation of at least one Representative for the RECO, to carry out the acts that correspond through the RECO, in case they correspond to any of the Financial Entities referred to in the Commission Provisions.”

…

“3. OPERATION PROCEDURE OF THE MAE AND OF THE RECO”

“3.1 …
The Entities that wish or must present or deliver to the Bank of Mexico their Requests, Response to Acts, additional documentation, notices, or attention to requests for information, as well as recourses for reconsideration or review and their procedural promotions, as applicable, must do so through the MAE or the RECO, as applicable, in accordance with these Rules. Such communications must be integrated with the respective Electronic Signatures of the Qualified Representative, Representative for the MAE, Representative for the RECO, Operator for the MAE, or Operator for the RECO of the Entity in question. Only when such communications integrate the referred Electronic Signatures and meet the other respective requirements, will the Bank of Mexico generate the corresponding Receipt through the MAE or the RECO, as applicable to the communication presented through the respective system.

Regarding the Requests, additional documentation, notices, or attention to requests for information that the Entities present to the Bank of Mexico through the RECO, in accordance with the Commission Provisions, the Receipt that the Bank of Mexico generates in accordance with the previous paragraph does not accredit that said documentation meets the respective requirements.

Documentation entered into the MAE from 9:00:00 to 16:00:00 hours will be considered received for the legal effects that may arise, on the same Business Day. Documentation entered into the MAE after that time will be considered received on the next immediate Business Day, with the exception of those promotions related to the recourse for review, as well as those presented within the administrative procedures referred to in Title Four of the Supervision Rules, including those promotions corresponding to the recourse for reconsideration, which are presented within the last Business Day of the corresponding term, which will be considered received in due time. Regarding the RECO, documentation entered from 9:00:00 to 18:00:00 hours will be considered received for the legal effects that may arise, on the same Business Day. Documentation entered into the RECO between 18:00:01 hours and 8:59:59 of the next immediate Business Day will be considered received for the legal effects that may arise at 9:00:00 hours of said Business Day.”

“3.2…”

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The Bank of Mexico may communicate to Entities, through the MAE, notices of non-compliance attribution and other Acts. Likewise, the Bank of Mexico may request information from Entities and send them informational documents, through the MAE or the RECO, regarding the actions corresponding to the system in question. In the aforementioned cases, the Bank of Mexico will inform the respective Entity thereof by sending a message to one of the email addresses indicated for such purpose. The foregoing shall be without prejudice to the fact that Entities must regularly consult the MAE and, as applicable, the RECO, in order to promptly address the requests, notices of non-compliance attribution, and other Acts that may be issued to them, as applicable. … … Information requests, as well as the notification of the Acts referred to in the preceding paragraphs, shall take effect on the next Business Day following the date on which they are made available to the corresponding Entities, through the MAE or the RECO, unless a later date is established therein. The foregoing shall not apply to notifications of Acts and Resolutions issued in the processing and resolution of reconsideration and review appeals, which shall take effect on the Business Day on which they are made available to the Entities. This shall be observed regardless of the date on which the recipients consult them.” “3.3… When the Bank of Mexico, through the MAE or the RECO, communicates Responses to the corresponding Entity, it shall inform thereof through one of the email addresses designated for such purpose. Such Responses shall take effect on the date on which they are made available to the Entity or, as applicable, on the date established therein.” 4… “4.1 Entities shall submit their Requests, present Responses to Acts, and address requests for additional information referred to in these Rules, exclusively through the MAE or the RECO, as applicable. The Bank of Mexico may make available through the MAE or the RECO, the Responses, Resolutions, and Acts, as well as carry out information requests for such purposes.” … “4.4 The provisions set forth in items 3.1, 3.2, and 3.3 shall be carried out in accordance with the “External User Manual”, which may be consulted on the Bank of Mexico’s website on the internet, identified by the domain name www.banxico.org.mx. Regarding the provisions set forth in the aforementioned items concerning the registration of commissions that Entities must carry out in accordance with the Commission Regulations, such Entities shall be subject to the “External User Manual of the Commission Registration System”, available in that same system.” “4.5 Qualified Representatives, Representatives for the MAE, Representatives for the RECO, Operators for the MAE, and Operators for the RECO shall be responsible for updating their Digital Certificates through the MAE or the RECO, as applicable, in accordance with the procedure established for such purpose in the aforementioned
“External User Manual” or “External User Manual of the Commission Registration System”, as applicable.” … TRANSITORY PROVISIONS FIRST. - The provisions set forth in the first operative item of this Circular shall enter into force on the next Business Day following its publication in the Official Gazette of the Federation. SECOND. - The provisions set forth in the second operative item of this Circular shall enter into force on March 3, 2023. THIRD.- Without prejudice to the provisions set forth in the Second Transitory Item above, the provisions set forth in item 2.1 of the second operative item of this Circular shall enter into force on the next Business Day following its publication in the Official Gazette of the Federation, with the objective that credit institutions, regulated multiple-object financial companies, electronic payment fund institutions, and collective financing institutions, from the entry into force of the first operative item of this Circular and until March 3, 2023, may carry out the accreditation before the Bank of Mexico of Qualified Representatives to carry out acts through the RECO, as well as Representatives for the RECO and Operators for the RECO, in accordance with the provisions included in this Circular.

98 OFFICIAL GAZETTE Wednesday, February 1, 2023 Mexico City, January 26, 2023.- BANK OF MEXICO: General Director of Financial Stability, Fabrizio López Gallo.- Rubric.- General Legal Director, Luis Urrutia Corral.- Rubric.- General Director of Financial System Affairs, José Luis Negrín Muñoz.- Rubric.- Director of Policy and Studies on Payment Systems and Market Infrastructures, Othón Martino Moreno González.- Rubric.
For any inquiries regarding the content of this Circular, the Bank of Mexico is at your disposal through the Central Bank Banking Authorizations and Sanctions Directorate at phone (55) 5237-2000 extension 3200.