Rule · CNBV · 30 Nov 2015
The President of the National Banking and Securities Commission delegates specific supervisory, regulatory, legal, and administrative powers to its Vice Presidents, General Directors, and Coordinators. The Vice President of Group and Financial Intermediary Supervision oversees financial groups, multiple banks, and fintech entities; the Vice President of Development Banking and Popular Finance supervises credit unions and development banks; the Vice President of Stock Market Supervision manages securities exchanges and the National Securities Register; the Technical Vice President handles credit information societies and market statistics; the Regulatory Policy Vice President advises the Federal Government; the Legal Vice President orders operational suspensions and represents the Commission in legal proceedings; and the Normativity Vice President issues prudential regulations and general provisions for financial entities.
AGREEMENT BY WHICH THE PRESIDENT OF THE NATIONAL BANKING AND SECURITIES COMMISSION DELEGATES POWERS TO THE VICE PRESIDENTS, GENERAL DIRECTORS AND COORDINATORS OF THE COMMISSION
Published in the Official Gazette of the Federation on November 30, 2015.
Updated with reforms published in the same Gazette on December 14, 2016 and May 14, 2026.
The President of the National Banking and Securities Commission, based on articles 4, 10, 16, sections I, XVII and the penultimate paragraph, and 17 of the Law of the National Banking and Securities Commission and 13 of the Internal Regulations of the National Banking and Securities Commission, and with the object of making expeditious the exercise of the attributes conferred on this Commission, without prejudice to carrying out its direct execution and of the powers that correspond to the Board of Directors, has deemed it appropriate to issue the following:
AGREEMENT BY WHICH THE PRESIDENT OF THE NATIONAL BANKING AND SECURITIES COMMISSION DELEGATES POWERS TO THE VICE PRESIDENTS, GENERAL DIRECTORS AND COORDINATORS OF THE COMMISSION
Title First
Of the delegated powers to the Vice Presidents
Article 1.- The Vice Presidents of Group and Financial Intermediary Supervision A and B shall have delegated the powers contained in article 4, section I of the Law of the National Banking and Securities Commission, to carry out the supervision of:
I. Controlling companies of financial groups, whether or not they have the status of subsidiaries, subject to the supervision of the Commission.
II. Sub-holding companies of financial groups, subject to the supervision of the Commission.
III. Multiple banking institutions, whether or not they have the status of subsidiaries.
IV. Regulated multiple-object financial societies.
V. Exchange houses and general deposit warehouses, whether or not they have the status of subsidiaries.
VI. Representation offices of foreign financial entities referred to in the Credit Institutions Law.
VII. Self-regulatory banking bodies.
VIII. Companies that provide complementary or auxiliary services in the administration of the entities cited in sections I to III and V above, as well as the real estate societies of these.
IX. The other natural or legal persons who, without being entities, carry out activities provided for in the Laws to Regulate Financial Aggregations, of Credit Institutions, and General of Organizations and Auxiliary Credit Activities, or who are contracted by the entities for the provision of services in accordance with said laws, and in both cases are subject to the supervision of the Commission.
X. Entities that carry out securities intermediation activities with the general public, the processes of sale and administration of investments, the activity of distribution of investment fund shares, as well as the activities of securities portfolio management, providing advice and promotion, supervision and, where appropriate, decision-making on behalf and for the account of third parties with respect to securities, in accordance with the Securities Market Law, Investment Funds Law and the Credit Institutions Law.
XI. Investment advisors whose shareholders, partners, members of the board of directors, executives, attorneys-in-fact or employees participate in the capital or in the administrative bodies or have an employment relationship with multiple banking institutions, in accordance with the Securities Market Law.
(5)XII. Crowdfunding financing institutions.
(5)XIII. Electronic payment fund institutions.
(5)XIV. Societies authorized to operate with novel models.
(5)XV. The other natural or legal persons who, without being the entities referred to in sections XII, XIII and XIV of this article, carry out activities provided for in the Law to Regulate Financial Technology Institutions or who are contracted by said entities for the provision of services in accordance with the laws mentioned and in both cases are subject to the supervision of the Commission.
(5)XVI. Third parties with whom the Entities and the societies authorized to operate with novel models referred to in article 76 of the Law to Regulate Financial Technology Institutions exchange data and information through standardized application programming interfaces.
(5)XVII. Societies that administer systems to facilitate securities transactions and those that implement over-the-counter trading systems offered through financial technology institutions.
(5)XVIII. Operations or activities that constitute the corporate object of the entities and other persons referred to in this article that have authorization to operate through novel models, verifying that the terms, conditions and specifications contained in said authorizations are complied with. The supervisory powers provided for in this section shall be exercised in accordance with the assignment made by the President in terms of article 13, second paragraph of the Internal Regulations. (5)The supervision of the entities and other persons indicated in sections IX, X and XVIII of this article shall be carried out in accordance with the assignment resulting from their link with the Entities mentioned in sections I to V above.
Article 2.- The Vice President of Development Banking and Popular Finance Supervision shall have delegated the powers contained in article 4, section I of the Law of the National Banking and Securities Commission, to carry out the supervision of:
I. Credit unions.
II. Popular financial societies.
III. Community financial societies.
IV. Rural Financial Integration Bodies.
V. Savings and loan cooperative societies.
VI. Federations, the Protection Fund for Popular Financial Societies and Protection for their Savers and the Auxiliary Supervision Fund for Savings and Loan Cooperative Societies and Protection for their Savers.
VII. Development banking institutions.
VIII. Regulated multiple-object financial societies.
IX. The National Financial Institution for Agricultural, Rural, Forestry and Fisheries Development.
X. The Institute of the National Fund for Workers' Consumption.
XI. The Institute of the National Housing Fund for Workers.
XII. The Housing Fund referred to in the Law of the Institute of Social Security and Social Services for State Workers.
XIII. Institutions, public trusts and funds that, in accordance with what is provided in the laws of the Mexican financial system, carry out financial activities and are subject to the supervision of the Commission.
XIV. Companies that provide complementary or auxiliary services in the administration of the entities indicated in sections I and VII above, as well as the real estate societies of these.
XV. The other natural or legal persons who, without being entities, carry out activities provided for in the Credit Unions Law, General of Organizations and Auxiliary Credit Activities, of Popular Savings and Credit, to Regulate the Activities of Savings and Loan Cooperative Societies and of Credit Institutions, or who are contracted by the entities for the provision of services in accordance with said laws, and in both cases are subject to the supervision of the Commission.
Article 3.- The Vice President of Stock Market Supervision shall have delegated the powers contained in article 4, sections I, XII, XVIII, XXVI, XXVIII to XXX and XXXV of the Law of the National Banking and Securities Commission, to:
I. Carry out the supervision of:
a) Stock exchanges and derivatives contracts exchanges. b) Central securities counterparties, as well as the clearing house of the derivatives contracts market. c) Securities depository institutions. d) Securities rating institutions. e) Brokerage houses, whether or not they have the status of subsidiaries. f) Representation offices of foreign brokerage houses referred to in the Securities Market Law. g) Liquidating partners and participating operators of the derivatives contracts market. h) Price providers. i) Societies that administer systems to facilitate securities transactions and those that implement over-the-counter trading systems. j) Self-regulatory bodies of the securities market. k) Issuers of securities registered in the National Securities Register, with respect to the obligations imposed on them by the Securities Market Law. l) Investment funds. m) Distributing societies of investment fund shares, whether or not they have the status of subsidiaries. n) Valuation societies of investment fund shares. o) Operating societies of investment funds, whether or not they have the status of subsidiaries.
p) Companies that provide complementary or auxiliary services in the administration of brokerage houses, whether or not they have the status of subsidiaries, as well as the real estate societies of these. q) Investment advisors whose shareholders, partners, members of the board of directors, executives, attorneys-in-fact or employees participate in the capital or in the administrative bodies or have an employment relationship with the entities referred to in letters d), e), m) and o), of this section, in accordance with the Securities Market Law. r) The other natural or legal persons who, without being entities, carry out activities provided for in the Securities Market Law and the Investment Funds Law, or who are contracted by the entities for the provision of services in accordance with said laws, and in both cases are subject to the supervision of the Commission or by the issuers of securities registered in the National Securities Register and are subject to supervision in terms of the aforementioned Securities Market Law. s) Entities that carry out securities intermediation activities with the general public, the processes of sale and administration of investments, the activity of distribution of investment fund shares, as well as the activities of securities portfolio management, providing advice and promotion, supervision and, where appropriate, decision-making on behalf and for the account of third parties with respect to securities, in accordance with the Securities Market Law and the Investment Funds Law.
II. Authorize natural persons who carry out operations with the public, of advice, promotion, purchase and sale of securities, as attorneys-in-fact of the securities market intermediaries, in the terms established by the laws applicable to the latter.
III. Maintain the National Securities Register, issue certifications of the records contained therein, as well as modify its registrations.
IV. Investigate acts or facts that contravene what is provided in the Securities Market Law, for which it may carry out visits regarding such acts or facts, as well as summon, request information or request the appearance of alleged offenders and other persons who may contribute to the proper development of the investigation.
V. Intervene in the issuance, draws and cancellation of titles or securities of the entities, in accordance with the law, ensuring that their circulation does not exceed legal limits.
VI. Authorize, suspend or cancel the registration of securities in the National Securities Register.
VII. Authorize and monitor compensation systems, centralized information systems, securities rating and other mechanisms aimed at facilitating operations or perfecting the securities market.
VIII. Order the suspension of securities quotations, when in their market there are disordered conditions or operations are carried out that do not conform to sound uses or practices.
Article 4.- The Technical Vice President shall have delegated the powers contained in article 4, sections I, XVIII and XXIII of the Law of the National Banking and Securities Commission, to:
I. Carry out the supervision of:
a) Credit information societies. b) Participants in networks referred to in the Law for Transparency and Ordering of Financial Services. c) Investment advisors.
d) Entities subject to the supervision of the Commission that provide information or carry out queries to credit information societies, in order to evaluate their capacity to integrate, validate, remit and ensure the quality of their information submissions to said societies. e) Entities that carry out securities portfolio management activities, providing advice and promotion, supervision and, where appropriate, decision-making on behalf and for the account of third parties with respect to securities, in accordance with the Securities Market Law, Credit Institutions Law and Investment Funds Law. f) Entities that carry out securities intermediation activities, with respect to said activity with the general public, sales and investment administration processes, as well as the activity of distribution of investment fund shares, in accordance with the Securities Market Law, Credit Institutions Law and Investment Funds Law. g) The other natural or legal persons who, without being entities, carry out activities provided for in the Law to Regulate Credit Information Societies, or who are contracted by the entities for the provision of services in accordance with said law, and in both cases are subject to the supervision of the Commission.
II. Investigate acts or facts that contravene what is provided in the Securities Market Law, for which it may carry out visits regarding such acts or facts, as well as summon, request information or request the appearance of alleged offenders and other persons who may contribute to the proper development of the investigation.
III. Elaborate and publish statistics relating to the entities, investment advisors, exchange centers, money transmitters, unregulated multiple-object financial societies subject to the supervision of the Commission and financial markets, solvency, stability and liquidity indicators, as well as carry out and disseminate studies and estimates of market scenarios that allow the comparability of information.
Likewise, publish representative samples of databases relating to operations and services of the entities, investment advisors, Federations, protection funds, exchange centers, money transmitters and unregulated multiple-object financial societies or segments of the markets of the financial system, provided that the corresponding information does not contain reserved or confidential information.
Article 5.- The Vice President of Regulatory Policy shall have delegated the powers contained in article 4, sections VIII and XXV of the Law of the National Banking and Securities Commission to act as a consultative body of the Federal Government on matters relating to the sound and balanced development of the Mexican financial system; as well as to provide the assistance requested by supervisory and regulatory institutions of other countries, for which, in the exercise of its inspection and surveillance powers, it may collect from any person the information and documentation that is the subject of the request.
(1)Article 6.- The Legal Vice President shall have delegated the powers contained in article 4, sections XIV, XVI, XVII, XVIII, XX and XXI of the Law of the National Banking and Securities Commission to:
I. Order the suspension of operations of the entities in accordance with what is provided in that Law.
II. Investigate those acts of natural persons, as well as legal persons who, not being entities of the financial sector, suggest the carrying out of operations violating the laws governing the cited entities, being able to order inspection visits to the alleged responsible parties for this purpose.
III. Order the suspension of operations, as well as intervene administratively or managerially, as provided for in the laws, the negotiation, company or establishments of natural persons or legal persons who, without the corresponding authorization, carry out activities that require it in terms of the provisions regulating the entities of the financial sector, or proceed to the closure of their offices.
IV. Intervene in the liquidation procedures of the entities in accordance with the law.
(2)V. Investigate acts or facts that contravene what is provided in the Securities Market Law, for which it may carry out visits regarding such acts or facts, as well as summon, request information or request the appearance of alleged offenders and other persons who may contribute to the proper development of the investigation.
Likewise, it shall have delegated the powers contained in article 16, section I of the Law of the National Banking and Securities Commission, to hold the legal representation of the Commission, in order to intervene in judicial, administrative or labor proceedings in which the Commission itself is a party or may be affected, in terms of article 17 of the aforementioned legal instrument, as well as to issue certifications. In the exercise of the powers indicated in the previous paragraph, it will have the legal representation of the Commission to notify the administrative acts that it issues or signs, adjusting to what is provided in articles 4 and 165 to 176 of the Law to Regulate Financial Aggregations; 6 and 110 Bis 2 to 110 Bis 14 of the Credit Institutions Law; 5 and 399 to 411 of the Securities Market Law; 3 and 87 Bis 2 to 87 Bis 14 of the Investment Funds Law; 10 and 101 Bis 3 to 101 Bis 15 of the General Law of Organizations and Auxiliary Credit Activities; 8 and 146 to 158 of the Popular Savings and Credit Law; 5 and 120 to 132 of the Law to Regulate the Activities of Savings and Loan Cooperative Societies; 4 of the Law to Regulate Credit Information Societies and 8 and 133 to 145 of the Credit Unions Law.
Article 7.- The Vice President of Normativity shall have delegated the powers contained in article 4, sections II, III, IV, V, VI, VII, VIII, XXXI, XXXII, XXXIII, XXXVI, XXXVII and XXXVIII of the Law of the National Banking and Securities Commission to:
I. Issue the prudential regulation to which the entities will be subject.
II. Dictate registration rules for operations applicable to the entities.
III. Set rules for the estimation of assets and, where appropriate, of the obligations and responsibilities of the entities, in the terms established by the laws.
IV. Issue norms regarding the information that entities must provide to it periodically.
V. Issue general provisions that establish the characteristics and requirements that auditors of the entities must comply with, as well as their reports.
VI. Establish the criteria referred to in article 2 of the Securities Market Law, as well as those of general application in the financial sector regarding acts and operations that are considered contrary to commercial, banking and stock market uses or sound practices of financial markets and dictate the necessary measures so that entities adjust their activities and operations to the laws applicable to them, to the general provisions derived from them and to the aforementioned uses and sound practices.
VII. Act as a consultative body of the Federal Government on financial matters.
VIII. Dictate general provisions regarding the form and terms in which issuing societies that possess insider information will have the obligation to make it known to the public.
IX. Issue norms that establish the minimum disclosure requirements to the public that securities rating institutions must satisfy regarding the credit quality of the issuances they have rated and on other aspects aimed at improving the services that they provide to users.
X. Issue the rules to which brokerage houses must adhere when conducting transactions with their shareholders, board members, executives, and employees.
XI. Issue the necessary provisions for the exercise of the powers granted to it by this law and other laws, and for the effective fulfillment of the same and of the provisions issued based on them.
XII. Maintain the registry of currency exchange centers and money transmitters, and, where applicable, modify or cancel the registrations or annotations contained in said registry, in accordance with the terms established by the aforementioned laws, as well as issue the bases regarding their organization and operation and the obtaining of the corresponding registrations.
XIII. Exercise the powers attributed to the Commission to provide opinions on the rules or general provisions referred to in Articles 21, first paragraph; 68, first paragraph; 80, second paragraph; 81, first paragraph; 82, fraction IV; 84, first paragraph; 89, second paragraph; 91, third paragraph; 103; 113, second paragraph; 117, first paragraph; and 136, third paragraph of the Law to Regulate Financial Groups; 7, second paragraph; 45-B, first paragraph; 81, first paragraph; and 85 Bis, first paragraph of the Credit Institutions Law; 149, last paragraph of the Securities Market Law; 63, first paragraph of the Investment Funds Law; 11 Bis 2, fraction XIII; 15, fraction I, first and third paragraphs; 16-A; 22 Bis; 45-Bis 2, first paragraph; and 84-A of the General Law of Credit Auxiliary Organizations and Activities; 4, second paragraph; 18, last paragraph; 19, first paragraph; 19 Bis, third and fifth paragraphs of the Law for Transparency and Orderly Management of Financial Services; and 140, fraction III, second paragraph of the Insurance and Surety Institutions Law.
Article 8.- The Vice President of Supervision of Preventive Processes shall have delegated the powers contained in Article 4, fractions I, X, X Bis, and XIX Bis of the Law of the National Banking and Securities Commission, to:
I. Supervise entities, investment advisors, currency exchange centers, money transmitters, and unregulated multi-object financial societies, in order to verify compliance with financial laws and provisions emanating from them regarding the prevention, detection, and reporting of acts, omissions, or operations that could fall under the circumstances of Articles 139 and 148 Bis of the Federal Penal Code or could fall under the circumstances of Article 400 Bis of the Federal Penal Code.
II. Certify independent external auditors and other professionals, so that they may provide their services to entities and persons subject to the Commission's supervision for the verification of compliance with financial laws and provisions emanating from them regarding the prevention, detection, and reporting of acts, omissions, or operations that could fall under the circumstances of Articles 139, 148 Bis, or 400 Bis of the Federal Penal Code, by entities and persons obliged to such regime, as well as compliance officers, in terms of the general provisions issued by the Commission for such effects. Such certification, in terms of the aforementioned provisions, must be renewed every five years.
III. Certify auditors and other professionals, so that they may assist the Commission when it hires them, for the verification of compliance with financial laws and provisions emanating from them regarding the prevention, detection, and reporting of acts, omissions, or operations that could fall under the circumstances of Articles 139, 148 Bis, or 400 Bis of the Federal Penal Code, in terms of the general provisions issued by the Commission for such effects. Such certification, in terms of the aforementioned provisions, must be renewed every five years.
IV. Conduct, at the request of the Secretariat of Finance and Public Credit and the Federal Public Ministry, as an assistant to these agencies, investigation activities in financial entities and other persons subject to their supervision, for the purpose of detecting resources and obtaining information for the effects of the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin, as well as for the prosecution of conduct that could favor, provide help, aid, or cooperation of any kind, and fall under the circumstances of Articles 139 and 148 Bis or 400 Bis of the Federal Penal Code.
Likewise, the powers contained in Article 4, fraction XXXVIII of the Law of the National Banking and Securities Commission shall be delegated to provide opinions on the rules or general provisions referred to in Article 115, fourth paragraph of the Credit Institutions Law; 212, first paragraph and 226 Bis, first paragraph of the Securities Market Law; 91, first paragraph of the Investment Funds Law; 95, fourth paragraph and 95 Bis, first paragraph of the General Law of Credit Auxiliary Organizations and Activities; 124, first paragraph of the Popular Savings and Credit Law; 71, first paragraph of the Law to Regulate the Activities of Savings and Loan Cooperative Societies; 129, first paragraph of the Credit Unions Law; and 60, first paragraph of the Organic Law of the National Financial Development Institution for Agriculture, Rural, Forestry, and Fisheries.
Article 9.- The Vice President of Administration and Strategic Planning shall have delegated the powers contained in Article 16, fraction I of the Law of the National Banking and Securities Commission, to hold the legal representation of the Commission, in order to:
I. Intervene in labor proceedings in which the Commission is a party or may be affected, in accordance with Article 17 of that law, without prejudice to the delegated powers in the same matter corresponding to the Legal Vice President, within the scope of their respective spheres of competence.
II. Issue appointments for base and trust personnel and terminate the employment relationship and cessation of functions of public servants of the Commission, as well as sign agreements for the conclusion or termination of the employment relationship, with the exception of what is established in Article 16, fraction XIV of the Law of the National Banking and Securities Commission.
III. Celebrate, terminate in advance, and rescind, on behalf of the Commission, all kinds of contracts, agreements, and orders, as well as to carry out the acquisition of goods and services and exercise the powers granted to the President of the Commission by the Laws on Acquisitions, Leases, and Services of the Public Sector; on Public Works and Services Related to Them, as well as their respective regulations. Additionally, to manage before the competent instances of the Federal Public Administration regarding the Federal Budget and Fiscal Responsibility Law and the General Law of Civil Protection, without prejudice to the attribution to act as coordinator of the internal civil protection program.
IV. Carry out management before the competent instances of the Federal Public Administration, regarding provisions related to the internal organization of the Commission, the general working conditions that must be observed between the Commission and its personnel, as well as in matters of human, material, financial, and budgetary resources.
Article 10.- The Vice Presidents of Supervision of Groups and Financial Intermediaries A and B, of Supervision of Development Banking and Popular Finance, of Stock Market Supervision, Technical, of Regulatory Policy, Legal, of Normativity, of Supervision of Preventive Processes, and of Administration and Strategic Planning, without prejudice to the powers expressly delegated to them in accordance with the previous articles, shall also have the attributions that, under this Agreement, are delegated to the General Directors assigned to them in accordance with the "Agreement by which the administrative units of the National Banking and Securities Commission are organically assigned" issued by the Board of Directors of the Commission.
Title Two
Of the Powers Delegated to General Directors
Article 11.- The General Directors of Supervision of Groups and Financial Intermediaries A, B, C, D, E, and F, shall have delegated the powers contained in the following legal instruments:
I. Law of the National Banking and Securities Commission:
Article 4, fraction I. Supervise the entities and natural and legal persons referred to in Article 1 of this Agreement.
Likewise, to supervise entities that carry out securities intermediation activities with the general public, investment sales and administration processes, the distribution activity of investment fund shares, as well as portfolio management activities, providing advice, promotion, supervision, and, where applicable, decision-making on behalf and for the account of third parties regarding securities, in accordance with the Securities Market Law, Investment Funds Law, and Credit Institutions Law. Additionally, to supervise the entities referred to in the previous paragraphs, regarding the discretionary and non-discretionary risks to which they are exposed, in accordance with the prudential provisions issued by the Commission. Likewise, to supervise compliance with the provisions of the Transparency and Competition Promotion Law in Secured Credit.
Article 4, fraction VII. Issue the necessary measures so that the entities and other subjects mentioned in the previous subsection adjust their activities and operations to the laws applicable to them, the general provisions derived from them, commercial, stock market, and banking usages, and the sound practices of financial markets.
Article 16, penultimate paragraph. Notify the agreements of the Board of Directors regarding the entities in subsection 1) of this fraction.
Article 19. Specify the form and terms in which entities are obliged to provide the Commission with data, reports, records, minute books, auxiliaries, documents, correspondence, and in general, the information deemed necessary, within their scope of competence.
II. Law to Regulate Financial Groups:
Article 5, fraction IX. Provide an opinion to the Secretariat of Finance and Public Credit for the purpose of authorizing institutional investors other than those indicated in that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 7, third paragraph. Warn the interested party, in writing and only once, to remedy the omission within a term that cannot be less than ten business days.
Article 9. Extend the deadlines established in this Law, at the request of the interested party, without such extension exceeding, in any case, half of the originally provided deadline in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 11, first paragraph. Provide an opinion to the Secretariat of Finance and Public Credit for the purpose of authorizing the organization of controlling societies and the constitution and operation of financial groups. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 15, first paragraph. Provide an opinion to the Secretariat of Finance and Public Credit for the purpose of authorizing the direct or indirect incorporation of financial entities as members of an already constituted financial group. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 16, first paragraph. Provide an opinion to the Secretariat of Finance and Public Credit for the purpose of authorizing the separation of one or more members of a financial group. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 17, first paragraph. Provide an opinion to the Secretariat of Finance and Public Credit for the purpose of authorizing the merger of two or more controlling or sub-controlling societies, or of any society or financial entity with a controlling society or with a sub-controlling society, as well as for the merger of two or more financial entities that are part of the same financial group, or of a financial entity that is part of a financial group with another financial entity or with any society. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 18, first paragraph. Provide an opinion to the Secretariat of Finance and Public Credit for the purpose of authorizing the spin-off of a controlling society or a sub-controlling society. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 20, first paragraph. Provide an opinion to the Secretariat of Finance and Public Credit for the purpose of approving the bylaws of the controlling society, sub-controlling societies, and service and real estate providers, as well as the single liability agreement and any modification to these documents. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 28, second paragraph. Provide an opinion to the Secretariat of Finance and Public Credit for the purpose of authorizing the direct or indirect acquisition of more than five percent of the paid-up share capital of a controlling society. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 28, third paragraph. Provide an opinion to the Secretariat of Finance and Public Credit for the purpose of authorizing the direct or indirect acquisition of twenty percent or more of the shares representing the "O" series of the share capital of the controlling society, or its control. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 28, fourth paragraph. Provide an opinion to the Secretariat of Finance and Public Credit for the purpose of authorizing the direct or indirect acquisition of more than five percent of the paid-up share capital of a sub-controlling society. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 45. Authorize that the committees constituted by the board of directors of a controlling society carry out, totally or partially, the functions entrusted to the administrative or oversight committees of the entities that are part of the financial group, provided that the controlling society requests it in order to avoid or resolve the duplication of functions that might occur between the committees of the controlling society and those entities. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 70, first paragraph. Provide an opinion to the Secretariat of Finance and Public Credit for the purpose of authorizing the organization of a subsidiary controlling society and functioning as a financial group. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 81, fraction III. Provide an opinion to the Secretariat of Finance and Public Credit for the purpose of authorizing the acquisition, by a controlling society, of at least fifty-one percent of the titles representing the share capital of sub-controlling societies and having control thereof. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 84, second paragraph. Inspect and monitor the companies and societies referred to in the first paragraph of that article.
Article 85, first paragraph. Provide an opinion to the Secretariat of Finance and Public Credit for the purpose of revoking the authorization for controlling societies to maintain, directly or indirectly, the investments referred to in that article if, in its judgment, it considers that it has not complied with the applicable provisions. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 86, first paragraph. Provide an opinion to the Secretariat of Finance and Public Credit for the purpose of authorizing a controlling society to invest directly or indirectly in financial entities that are not members of its financial group. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 88, first paragraph. Provide an opinion to the Secretariat of Finance and Public Credit for the purpose of authorizing a controlling society to increase or decrease its direct or indirect participation in financial entities that are not members of its financial group, without in any case exceeding fifty percent of the share capital of said entities. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 89, first paragraph. Provide an opinion to the Secretariat of Finance and Public Credit for the purpose of authorizing a controlling society to invest directly or indirectly in service and real estate providers. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 96, first paragraph. Supervise legal persons that provide external audit services in terms of that Law, including partners, representatives, or employees of those that are part of the audit team, in order to verify compliance with that Law and the observance of the general provisions derived from it.
Article 102, last paragraph. Supervise individually the financial entities that make up the financial group, in accordance with the regulations applicable to each financial entity.
Article 103. Request information from the controlling societies of groups and sub-controlling societies. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 105, second paragraph. Conduct inspection visits to the controlling society of the financial group, which may be ordinary, special, or investigative.
Article 109, first paragraph. Conduct inspection visits to Subsidiary Controlling Societies or Subsidiaries, at the request of foreign financial authorities and based on the principle of reciprocity. At its discretion, the visits may be made through its channel or, in cooperation with the foreign financial authority in question, it may allow the latter to carry them out.
Article 115. Provide an opinion to the Secretariat of Finance and Public Credit for the purpose of authorizing exceptions to what is provided in that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 120, Section VIII, first paragraph. Carry out the special supervision program, with which the Commission will supervise the controlling company, once the Ministry of Finance and Public Credit determines the predominant entity of the financial group, and the Commission is competent to supervise it.
Article 120, Section VIII, second paragraph. Request the carrying out of inspection visits to the authorities responsible for the supervision of the other members of the financial group when the Commission is competent to supervise the controlling company. Personnel from the Commission competent in the inspection and oversight of the controlling company may attend these visits.
Article 120, Section VIII, final paragraph. Participate in the special supervision program and in the inspection visits referred to in that section.
Article 120, Section X. Notify the controlling company that it may not pay dividends to shareholders, nor carry out any mechanism or act that implies a transfer of patrimonial benefits to shareholders, from the date on which the Board of Directors of the Institute for the Protection of Bank Savings determines the resolution method applicable to the multiple banking institution and until the controlling company complies with what is provided in that article.
Article 122, first paragraph. Provide an opinion to the Ministry of Finance and Public Credit for the purpose of revoking the authorization for the organization of a controlling company and the constitution and operation of the financial group, provided that what is stated in said article is fulfilled. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 123, first paragraph. Provide an opinion to the Ministry of Finance and Public Credit for the purpose of revoking the authorization for the organization of a controlling company and the constitution and operation of the financial group, in the cases provided for in said article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 136, third paragraph. Provide an opinion to the Ministry of Finance and Public Credit for the purpose of establishing the necessary mechanisms to cover expenses derived from the assistance and legal defense provided for in that article.
Article 151, first paragraph. Authorize the self-correction programs that controlling companies regulated by that Law and subject to the supervision of this Commission submit for such effect, in the cases provided for in that article and in the applicable general provisions. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 152, fourth paragraph. Order modifications or corrections to the self-correction programs presented, with the purpose that such programs comply with what is established in that article and in the applicable general provisions, as well as authorize the extensions referred to in that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 153, second and fourth paragraphs. Supervise the degree of progress and compliance with the self-correction program, as well as authorize the self-correction programs presented to it by natural persons and other legal entities subject to the supervision of the Commission when, in the course of their activities, they detect irregularities or non-compliance with what is provided in that Law and other applicable provisions, subject to what is provided by Articles 151 to 153 of that Law, as applicable. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)37) Article 164, first and second paragraphs. Specify the form and terms in which financial entities and natural or legal persons to whom the Commission requests information must comply with its requirements, as well as to enforce its determinations, to use, at its discretion, the means of coercion indicated in Sections I to IV of said article.
III. Credit Institutions Law:
Article 5 Bis, first paragraph. Provide an opinion to the Ministry of Finance and Public Credit for the better fulfillment of the attributes conferred by that Law, when it deems it appropriate. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 5 Bis 1, third paragraph. Warn the interested party, in writing and only once, to remedy the omission within a term that shall not be less than ten business days.
Article 5 Bis 3. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding, in any case, half of the originally provided deadline in the applicable provisions, when the matter so requires and they do not have knowledge that it prejudices third parties in their rights.
Article 7, final paragraph. Inspect and oversee the offices referred to in said article.
Article 8, second paragraph. Provide a favorable opinion regarding the draft statutes attached to the authorization requests for the organization and operation of multiple banking institutions, as well as approve the public instrument in which the statutes of the company are recorded in terms of that Law. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 9, final paragraph. Approve the corporate statutes of multiple banking institutions, as well as their modifications. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 10, Section VI. Require the additional documentation and information related to the authorization requests referred to in that article.
Article 11, final paragraph. Authorize the issuance of "L" series shares of multiple banking institutions. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 12, first paragraph. Authorize multiple banking institutions to pay for shares in kind, considering the financial situation of the institution and ensuring its liquidity and solvency. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 17, second, third, and final paragraphs. Authorize, prior to the opinion of the Bank of Mexico, the direct or indirect acquisition of more than five percent of the paid ordinary share capital of a multiple banking institution, or the granting of security over the shares representing said percentage to any natural or legal person. Likewise, authorize, prior to the favorable opinion of the Bank of Mexico, the acquisition of twenty percent or more of the shares representing the "O" series of the share capital of a multiple banking institution or the obtaining of control of said institution, by a person or group of persons who are or are not shareholders, as well as require the additional documentation connected to evaluate the request referred to in that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 19, final paragraph. Establish the cases and conditions in which multiple banking institutions may temporarily acquire shares representing their own capital, without prejudice to the applicable cases under the Securities Market Law, and ensuring the sound development of the banking system and not affecting the liquidity of the institutions. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 24 Bis 1, final paragraph. Require, hearing the opinion of the Bank of Mexico, additional capitalization requirements to those indicated in Article 50 of that Law, for multiple banking institutions when they fail to comply with what relates to their remuneration system.
Article 24 Bis 2, final paragraph. Exempt multiple banking institutions from having a remuneration committee, according to the criteria that the Commission itself determines through general provisions. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 27, Section I. Require the additional documentation and information related to the authorization requests referred to in that article.
Article 27 Bis, second paragraph. Require the additional connected documentation to evaluate the request referred to in said article.
Article 27 Bis, penultimate paragraph. Authorize, on the occasion of the spin-off of a multiple banking institution, the transmission to the spun-off company of active operations, liabilities, and trusts, mandates, or commissions of the spin-off multiple banking institution, when it considers that the interests of the counterparties of the institutions in the respective operations are not adversely affected and there is no opposition from creditors. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 27 Bis 1, second paragraph. Issue the certificate referred to in said article, at the request of the Institute for the Protection of Bank Savings.
Article 27 Bis 1, fourth paragraph. Exempt multiple banking institutions operated by the Institute for the Protection of Bank Savings, within the scope of its competence, from complying with the provisions or general rules applicable to them. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 28, first paragraph. Grant the right to be heard to multiple banking institutions for the purposes established in said article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 28, final paragraph. Make known to the Institute for the Protection of Bank Savings the declaration of revocation of a multiple banking institution.
Article 29 Bis, first paragraph. Notify the multiple banking institution in question, when it has knowledge that it has incurred in any of the scenarios provided for in Article 28 of that Law, with the exception of those established in Sections II and III of that article, so that within the established deadlines it manifests in writing what is convenient for its rights. This power shall be exercised jointly with the General Litigation Directorate.
Article 29 Bis 4, Section V, subsection b). Inform the fiduciary institution in the trust that has been constituted in accordance with that article, that despite the respective multiple banking institution having adhered to the conditional operation regime indicated in said Law, it presents a fundamental capital equal to or less than the minimum required in accordance with the provisions referred to in Article 50 of that Law.
Article 29 Bis 4, Section VII, subsection a). Inform the fiduciary institution in the trust that has been constituted in accordance with this article, when the multiple banking institution restores and maintains for three consecutive months its capitalization index in accordance with the minimum required by the provisions referred to in Article 50 of that Law, as a consequence of the compliance with the capital restoration plan that it has presented for such effect.
Article 29 Bis 5, first paragraph. Communicate to the Ministry of Finance and Public Credit, the Bank of Mexico, the Institute for the Protection of Bank Savings, and the fiduciary institution in the trust that has been constituted in accordance with Article 29 Bis 4 of this Law, when in the exercise of its inspection and oversight functions, it detects the updating of any of the scenarios provided for in Section V of Article 29 Bis 4 of said Law.
Article 45-H, penultimate paragraph. Authorize the persons who intend to acquire, directly or indirectly, "F" series shares representing the share capital of a Subsidiary multiple banking institution, after hearing the opinion of the Bank of Mexico. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 45-S, second paragraph. Suspend or limit, partially or totally, the celebration of operations of any nature with any of the members of the business group or consortium to which the institutions belong, or with legal entities that carry out business activities with which the institution maintains business links, if in its judgment they were not agreed upon under market conditions. This power shall be exercised jointly with the General Directorate of Crimes and Sanctions.
Article 45-T, second paragraph. Request from multiple banking institutions that are members of business groups or consortia, or that have business or patrimonial links with legal entities that carry out business activities, information on any of the other companies that are part of the consortium or business group only in matters of risk management, financial, as well as the business strategy of said persons, in accordance with what the Commission itself indicates through general provisions issued for such effect.
Article 45-T, final paragraph. Suspend or limit, partially or totally, the celebration of operations with the business group or consortium to which the institutions belong, or with legal entities that carry out business activities with which the institution maintains business or patrimonial links, in the case that the multiple banking institutions do not have the information referred to in that article. This power shall be exercised jointly with the General Directorate of Crimes and Sanctions.
Article 46 Bis, first paragraph. Authorize multiple banking institutions to begin operations or to carry out other additional ones to those that have been authorized to them, among those indicated in Article 46 of that Law. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 46 Bis, penultimate paragraph. Carry out the inspection visits it considers necessary to verify compliance with the requirements referred to in Sections I to IV of that article.
Article 46 Bis 1, fourth paragraph. Order the partial or total, temporary or definitive, suspension of the provision of services or commissions through the third party in question, when the provisions mentioned in this article are not complied with or the operational continuity of the credit institution may be affected or in protection of the interests of the public, or approve a regularization program referred to in said article, which meets the requirements established for such effect in the referred general provisions. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 46 Bis 1, fifth paragraph. Directly formulate to multiple banking institutions the information requests and, if applicable, the observations and corrective measures that derive from the supervision it carries out regarding the activities that the institutions carry out through service providers or commission agents in accordance with what is provided in that article, within the scope of its competence. Likewise, carry out supervision, inspection, and oversight acts regarding the service providers or commission agents that the institutions hire in terms of that article, as well as carry out inspections to the third parties hired by multiple banking institutions regarding the contracted activities, or order the institutions to carry out audits to said third parties, with the institution itself being obliged to render a report to the Commission regarding this, within the scope of its competence.
Article 46 Bis 2, final paragraph. Request, through multiple banking institutions, to the service providers or commission agents referred to in Article 46 Bis 1 of that Law, information, including books, records, and documents, regarding the services they provide, as well as carry out inspection visits and decree the measures that multiple banking institutions must observe to ensure the continuity of the services they provide to their clients, the integrity of the information, and compliance with what is established in that Law, within the scope of its competence.
Article 46 Bis 4. Authorize multiple banking institutions to grant bonds or sureties when they cannot be attended to by bond institutions due to their amount. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 46 Bis 5, Section I. Authorize multiple banking institutions to pledge their properties, provided that it contributes to the stability of the credit institutions or the banking system. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 50, eighth paragraph. Require as a corrective measure for multiple banking institutions to make adjustments to the accounting records related to their active, passive, and capital operations, which in turn may result in modifications to their capitalization index or to their capital supplements.
Article 53, first paragraph. Inspect and oversee the securities operations carried out by credit institutions acting on their own account, which must be carried out in the terms provided by that Law and by the Securities Market Law.
Article 53, Section III, final paragraph. Provide an opinion to the Ministry of Finance and Public Credit, regarding the exceptions established for the operation with securities on own account that multiple banking institutions carry out without the intermediation of stock exchanges. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 55, Section II. Temporarily increase in individual cases the percentage referred to in said section, as well as that indicated in the previous section, when in its judgment the resulting amount is insufficient for the indicated destination. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 66, section V. Authorize exceeding fifty percent of the portion of refinancing credits that are destined to cover the liabilities referred to in the second paragraph of Article 323 of the General Law of Negotiable Instruments and Credit Operations, provided that compliance with the requirements set forth in Article 65 of that Law is demonstrated. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 74. Apply, where applicable, the prudential measures referred to in that article, to protect the interests of the saving public, the payment system, and to ensure the solvency, liquidity, or stability of multiple banking institutions.
Article 75, section II. Extend the term referred to in that section, considering the nature and situation of the company in question. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 75, section III. Authorize multiple banking institutions that make investments by higher percentages and terms, when dealing with companies that develop new long-maturing projects. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 75, second paragraph. Authorize the companies referred to in that article, whose control is maintained by a multiple banking institution, to carry out investments in others, under the terms of section III of that legal provision. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 87, second paragraph. Authorize multiple banking institutions to establish, change the location of, and close any kind of offices abroad, as well as to assign the assets or liabilities of their branches. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 87, last paragraph. Provide an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing branches of multiple banking institutions established abroad to carry out operations not provided for in Mexican laws. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 88, first paragraph. Authorize multiple banking institutions to invest in securities representing the share capital of companies that provide them with complementary or auxiliary services in their administration or in the fulfillment of their purpose, as well as of real estate companies that are owners or administrators of properties destined for their offices. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 88, third paragraph. Inspect and supervise the companies and societies referred to in the first paragraph of that article.
Article 93, third paragraph. Authorize multiple banking institutions that carry out assignments or discounts of credit portfolios with persons other than those mentioned in the second paragraph of that article and that intend to respond for the solvency of the debtor, to grant financing to the assignee or discounter, or to agree with the latter obligations or rights that allow them to reacquire the assigned or discounted credit portfolio. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 93, section II. Authorize credit institutions to disclose information related to their assets in the cases referred to in this section. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 96. Supervise that institutions comply with the applicable provisions regarding basic security measures.
Article 96 Bis 1, third and fourth paragraphs. Supervise compliance with the liquidity requirements referred to in this article, and when a multiple banking institution does not comply with said liquidity requirements, apply the measures established in Article 128 of that Law, in terms of the general provisions emanating from the same; as well as grant the right to be heard to the affected multiple banking institution, prior to requiring corrective measures as provided in the cited article. Regarding the granting of the right to be heard, this power shall be exercised in coordination with the General Directorate of Litigation.
Article 96 Bis 2. Order the application of the measures referred to in the cited article, in the event that a multiple banking institution does not comply with the liquidity requirements referred to in Article 96 Bis I of that Law or determines that it will not be possible to comply with said requirements in the future.
Article 97, first paragraph. Request information and documentation from multiple banking institutions, establishing the deadlines and means of their presentation.
Article 99, second paragraph. Order, in protection of the interests of the saving public, as a corrective measure for multiple banking institutions, to make corrections or modifications to their financial statements, as well as instruct the publication of said corrections or modifications.
Article 101, second paragraph. Order that the financial statements of multiple banking institutions be disseminated with the pertinent modifications and within the deadlines established for that purpose.
Article 101 Bis 1. Inspect and supervise the legal entities that provide external audit services in terms of that Law, including the partners or employees thereof that are part of the audit team, in order to verify compliance with that Law and the observance of the general provisions emanating from it. Require any kind of information and documentation related to the provision of the type of services referred to in said article; conduct inspection visits as well as require the appearance of partners, representatives, and other employees of the legal entities that provide external audit services. The exercise of the powers referred to in that article shall be limited to the opinions, opinions, and audit practices that, in terms of that Law, are carried out by the legal entities that provide external audit services, as well as their partners or employees. Regarding the appearances referred to in this item, this power shall be exercised jointly with the General Directorate of Crimes and Sanctions.
Article 102, second paragraph. Order, in protection of the interests of the saving public, to multiple banking institutions, as a corrective measure, the constitution of preventive reserves when it detects inadequate valuation or incorrect estimation, in terms of the first paragraph of that article. Such reserves shall be additional to those that credit institutions have the obligation to constitute in terms of the applicable provisions.
Article 109 Bis 9, first paragraph. Authorize the self-correction programs that multiple banking institutions submit for that purpose, in the cases provided for in that article and in the applicable general provisions. This power shall be exercised
by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 109 Bis 10, penultimate paragraph. Order modifications or corrections to the self-correction programs, with the purpose that the program adheres to what is established in the present article and in the applicable general provisions, as well as authorize the extensions referred to in that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 109 Bis 11, second paragraph. Supervise, at any time, the degree of progress and compliance of the self-correction program.
Article 109 Bis 12. Authorize the self-correction programs presented to it by natural persons and other legal entities subject to the supervision of the Commission when, in the course of their activities, they detect irregularities or non-compliance with what is provided in that Law and other applicable provisions, subject to what is provided by Articles 109 Bis 9 to 109 Bis 11 of that Law, as applicable. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 117, first, third, seventh, antepenultimate, and penultimate paragraphs. Supervise multiple banking institutions, subject to what is provided in the Law of the National Banking and Securities Commission, the respective Regulations, and other applicable provisions, for which it may conduct inspection visits to multiple banking institutions that will have as their object to review, verify, check, and evaluate the operations, organization, functioning, processes, internal control systems, risk management and information systems, as well as the equity, capital adequacy to risks, asset quality, and in general, everything that could affect the financial and legal position, which is recorded or should be recorded in the records, in order for multiple banking institutions to adjust to compliance with the provisions that govern them and the sound practices in the matter. Likewise, it may hire the services of auditors and other professionals to assist it in this function; request the information and documentation required to fulfill its supervisory function, as well as formulate observations and order the adoption of measures aimed at correcting the irregular facts, acts, or omissions that have been detected during these functions, in terms of that Law.
Article 119, second paragraph. Approve, prior to the opinion of the Institute for the Protection of Bank Savings, the Bank of Mexico, and the Ministry of Finance and Public Credit, the contingency plan that details the actions to be carried out by a multiple banking institution to restore its financial situation, in adverse scenarios that could affect its solvency or liquidity. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 119, penultimate paragraph. Require any multiple banking institution to update the contingency plan, when the Institute for the Protection of Bank Savings or the Bank of Mexico considers it appropriate.
Article 119, last paragraph. Request the execution of simulations of contingency plans and the results of said simulations, as well as the adjustments to the plan that it considers necessary for its effectiveness.
Article 120, first paragraph. Participate jointly with the Institute for the Protection of Bank Savings, the Bank of Mexico, and the Ministry of Finance and Public Credit, in the preparation of resolution plans for multiple banking institutions, in which the manner and terms in which they can be resolved expeditiously and orderly are detailed.
Article 122, first paragraph, section I. Order the application of the minimum corrective measures indicated in this section, when multiple banking institutions do not comply with the capitalization index or with the basic part of the net capital, established in accordance with the provisions of Article 50 of that Law and the provisions emanating from it, being classified in the corresponding category.
Article 122, first paragraph, section II. Order the application of the minimum corrective measures indicated in this section, when multiple banking institutions comply with the capitalization index and with the basic part of the net capital required in accordance with Article 50 of that Law and the provisions emanating from it, being classified in the corresponding category.
Article 122, first paragraph, section III. Order multiple banking institutions to apply the additional special corrective measures indicated in that section, independent of the minimum ones ordered in accordance with sections I and II of that article.
Article 122, first paragraph, section IV. Order the application of the minimum corrective measures indicated in this section, when multiple banking institutions do not comply with the capital supplements established in accordance with the provisions of Article 50 of that Law and in the provisions emanating from that provision.
Article 123, first paragraph. Inform the Ministry of Finance and Public Credit, the Bank of Mexico, and the Institute for the Protection of Bank Savings, when a multiple banking institution does not comply with the capitalization index, with the fundamental capital, with the basic part of the net capital, and with the capital supplements established in accordance with the provisions of Article 50 of that Law and in the provisions emanating from that provision.
Article 128, first and second paragraphs. Suspend or limit partially, as a precautionary measure and in protection of the interests of the public, the celebration of active, passive, and service operations referred to in Article 46 of that Law, when such activities fall under any of the scenarios contained in the sections of said article; and in the event of disobedience by credit institutions, as a precautionary measure, publish through the electronic site of the Commission itself, the suspension of operations ordered in accordance with that article. This power shall be exercised jointly with the General Directorate of Crimes and Sanctions.
Article 129, second and third paragraphs. Warn the multiple banking institution that falls under the scenario referred to in section I of this article, prior to the declaration of intervention of the institution, to reintegrate the capital in the necessary amount within a maximum period of one business day to keep its operations within the respective limits in terms of that Law, being able to dictate, precautionarily, the precautionary measures and the additional special corrective measures that it determines in accordance with what is established in section III, subsection e) of Article 122 of that Law.
Article 131, last paragraph. Dictate the necessary measures to put in good order the irregular operations carried out by the multiple banking institution, setting a deadline for them to be carried out.
(1)76) Article 136, first and second paragraphs. Indicate the manner and terms in which multiple banking institutions and other natural or legal persons to whom information and documentation are requested, must comply with their requirements, as well as to enforce its determinations, use indistinctly the means of coercion indicated in sections I to IV of the cited article.
Article 143 Bis, first paragraph. Conduct inspection visits to subsidiaries, at the request of foreign financial authorities, and based on the principle of reciprocity. At its discretion, the visits may be made through its channel or, in cooperation with the foreign financial authority in question, it may allow the latter to carry them out.
Article 226, section I. Prepare the opinion on the update of the scenario of capital extinction regarding multiple banking institutions that have incurred the cause of revocation established in section VIII of Article 28 of that Law and submit it for approval to its Board of Directors.
IV. Securities Market Law:
Article 225, last paragraph. Supervise, in terms of the first paragraph of Article 350 of that Law, investment advisors whose shareholders, partners, members of the board of directors, executives, agents, or employees participate in the capital or in the administrative bodies or have an employment relationship with credit institutions.
Article 227 Bis, first paragraph. Grant the right to be heard to investment advisors whose shareholders, partners, members of the board of directors, executives, agents, or employees participate in the capital or in the administrative bodies or have an employment relationship with credit institutions, for the effects established in said article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 350, first paragraph. Supervise investment advisors whose shareholders, partners, members of the board of directors, executives, agents, or employees participate in the capital or in the administrative bodies or have an employment relationship with credit institutions, for which it may exercise the acts contemplated in the own article.
(2)4) Article 360, first and second paragraphs. Indicate the manner and terms in which investment advisors to whom the Commission requests information, must comply with their requirements, as well as to enforce its determinations, use indistinctly the means of coercion indicated in sections I to V of the cited article.
V. General Law of Auxiliary Credit Organizations and Activities:
Article 5, third paragraph. Provide an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing the constitution and operation of general deposit warehouses. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 5 Bis 1, third paragraph. Warn the interested party, in writing and only once, to remedy the omission within a term that cannot be less than ten business days.
Article 5 Bis 3. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding in any case half of the originally provided term in the applicable provisions, when the matter so requires and they do not have knowledge that third parties' rights are prejudiced.
Article 8, section IV, first paragraph. Provide an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing any natural or legal person to directly or indirectly acquire more than ten percent of the ordinary share capital of auxiliary credit organizations and exchange houses, or that the shares representing said percentage be granted as collateral. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 8, fraction IV, second paragraph. To give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing a person or group of persons, whether or not shareholders, to acquire twenty percent or more of the ordinary shares representing the social capital of an auxiliary credit organization or exchange house, or to obtain control of the entity itself. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 20, first paragraph. To authorize general warehouses to lease one or more of their premises, when circumstances justify it. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 20, second paragraph. To authorize general warehouses to carry out custody activities under the terms set forth in that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 45 Bis 3, first paragraph. To give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing the constitution and operation of subsidiaries of general warehouses and exchange houses. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 45 Bis 17. To carry out, at the request of the authorities cited in Article 45 Bis 15 and based on the principle of reciprocity, inspection visits to subsidiaries, in accordance with the terms established in that article, and may request foreign financial authorities to carry out visits under the terms of that article to provide a report on the results obtained.
Article 51. To give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing exceptions to the provisions of the cited provision. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 51-A. To request information and documentation from general warehouses and exchange houses, and to establish deadlines for their presentation.
Article 53, second paragraph. To review the financial statements of general warehouses and exchange houses, order modifications or corrections to them, and agree that they be published with the pertinent modifications.
Article 53, third-to-last paragraph. To authorize the partial distribution of dividends decreed in the general shareholders' meetings of general warehouses and exchange houses before the Commission concludes the review of the financial statements. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 54, second paragraph, fraction V. To approve the average appraisals of urban real estate carried out by experts of credit institutions. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 54, second-to-last paragraph. To authorize the adjustment of funds with a credit to income accounts, in the cases established in that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 56, first paragraph. To inspect and supervise auxiliary credit organizations, exchange houses, and regulated multiple-object financial societies, having, insofar as it does not oppose that Law, with respect to said auxiliary credit organizations, exchange houses, and regulated multiple-object financial societies, all the powers that the Credit Institutions Law confers for inspection and supervision matters to multiple-bank credit institutions, which shall be carried out subject to what is provided in the Law of the National Banking and Securities Commission, the respective Regulation, and other applicable provisions.
Article 56, third paragraph. To establish the form and terms in which auxiliary credit organizations and exchange houses must submit the reports, documents, and evidence regarding their organization, operations, accounting, investments, or equity that are requested for purposes of regulation, supervision, control, inspection, surveillance, statistics, and other functions that, under that Law or other legal and administrative provisions, correspond to the Commission.
Article 57, fifth paragraph. To inspect auxiliary credit organizations and exchange houses through visits, which shall have the purpose of reviewing, verifying, checking, and evaluating resources, obligations, and equity, as well as operations, functioning, control systems, and, in general, everything that may affect the financial and legal position that is or should be recorded in the records, in order to ensure compliance with the provisions of that Law, the general provisions derived from it, and sound practices in the matter.
Article 57, last paragraph. To determine the form, terms, and documents with which auxiliary credit organizations and exchange houses must justify, at any time, the existence of the assets in which their resources are invested.
Article 57-A. To require the appearance of the legal representative or competent official of general warehouses and exchange houses, when relevant facts are known during the practice of an inspection visit that cannot be accredited with the documentation of the visited society, in order to clarify the facts in question. This power shall be exercised jointly with the General Directorate of Crimes and Sanctions.
Article 63, first paragraph. To set a deadline of up to sixty calendar days for an auxiliary credit organization or exchange house to integrate the capital in the amount necessary to maintain the operation of the society within legal proportions, when it is observed that its equity status or operations affect its accounting capital, or if it fails to meet the capitalization requirements referred to in Article 12 Bis of that Law.
Article 63, second paragraph. To inform the Ministry of Finance and Public Credit if, after the period granted by the Commission under the first paragraph of that article has elapsed, the necessary capital has not been integrated, for the effects that the article itself indicates.
Article 67. To give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing auxiliary credit organizations to assign their assets, liabilities, rights, and obligations derived from their operation, as well as for their merger or spin-off. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 68, second paragraph. To inspect and supervise the societies that provide complementary or auxiliary services to, or carry out operations with, auxiliary credit organizations and exchange houses, as indicated in that article.
Article 69, second paragraph. To give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing auxiliary credit organizations to acquire shares or participations in the social capital of foreign companies or societies. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 71. To order the suspension of the advertising carried out by auxiliary credit organizations and exchange houses, in the cases provided for in that article.
Article 78, first paragraph. To give an opinion to the Ministry of Finance and Public Credit for the purpose of revoking the authorization granted to an auxiliary credit organization in the cases indicated in that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 81, first and second paragraphs. To give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing the habitual and professional conduct of purchase, sale, and exchange of foreign currency operations, including those carried out through transfer or transmission of funds, with the public within national territory. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 84, fraction VI, in relation to Article 53, second paragraph. To review the financial statements of exchange houses, order modifications or corrections to them, and agree that they be published with the pertinent modifications.
Article 87, first paragraph. To give an opinion to the Ministry of Finance and Public Credit for the purpose of revoking the authorization granted to exchange houses. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 87, fraction IV. To give an opinion to the Ministry of Finance and Public Credit for exchange houses to continue with the authorization when their rehabilitation is determined in the bankruptcy procedure. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 87-B, fourth paragraph. To carry out the supervision of regulated multiple-object financial societies.
Article 87-B, eighth paragraph. To request information and documentation from regulated multiple-object financial societies, as well as to establish presentation deadlines.
Article 87-B Bis, first paragraph. To require regulated multiple-object financial societies to provide information regarding persons who have directly or indirectly acquired more than five percent of the shares representing their social capital, as well as those who hold the positions of councilor and general director, in the form and subject to the conditions established by the Commission itself through general provisions.
Article 87-C Bis 1, third paragraph. To approve regulated multiple-object financial societies that voluntarily seek to be considered regulated entities. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 87-K, third paragraph, subsection b). To give an opinion to the National Commission for the Protection and Defense of Users of Financial Services, regarding those regulated multiple-object financial societies that repeatedly fail to comply with the provisions referred to in Article 87-D of that Law, for the effects indicated in that paragraph. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 87-K, fifth paragraph. To give an opinion to the National Commission for the Protection and Defense of Users of Financial Services, for it to resolve the cancellation of the registration of a regulated multiple-object financial society that maintains equity links with a credit institution. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
(1)38) Article 87-O, third paragraph. To request information from guild associations of regulated multiple-object financial societies, regarding the registration of corrective and disciplinary measures they apply to their members.
Article 94 Bis 1, first paragraph. To authorize the self-correction programs that auxiliary credit organizations or exchange houses submit for such effect, in the cases provided for in that article and in the applicable general provisions. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 94 Bis 2, second-to-last paragraph. To order modifications or corrections to the self-correction programs, with the purpose that the program adheres to what is established in this article and the applicable general provisions, as well as to authorize the extensions referred to in that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 94 Bis 3, second paragraph. To supervise, at any time, the degree of progress and compliance with the self-correction program.
Article 94 Bis 4. To authorize the self-correction programs presented to it by natural persons and other legal entities subject to the Commission's supervision when, in the course of their activities, they detect irregularities or non-compliance with the provisions of that Law and other applicable provisions, subject to what is provided by Articles 94 Bis 1 to 94 Bis 3 of that Law, as applicable. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
VI. Law to Regulate Credit Information Societies:
VII. Law for the Protection and Defense of Users of Financial Services:
VIII. Law on Transparency and Promotion of Competition in Secured Credit:
(5)IX. Law to Regulate Financial Technology Institutions:
(5)1) Article 3, first paragraph. To supervise, within its area of competence, compliance with the provisions of that Law and the provisions emanating from it, within its area of competence.
(5)2) Article 5, second paragraph. To warn the interested party, in writing and on a single occasion, to remedy the omission under the terms provided in the cited article.
(5)3) Article 6, third paragraph. To extend the deadlines established in this Law, in accordance with the terms provided in the cited article.
(5)4) Article 13, second paragraph. To authorize multiple-bank credit institutions and regulated multiple-object financial societies that maintain equity links with them to invest, directly or indirectly, in the social capital of financial technology institutions. This authorization must be granted in accordance with the same procedures and conditions applicable to investment in the social capital of other financial entities referred to in the respective financial laws. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
(5)5) Article 13, fifth paragraph. To authorize financial technology institutions so that financial entities that acquire titles representing their social capital provide them with technological infrastructure and auxiliary services to support their operations, provided that a corresponding service provision contract is concluded, in which transfer prices are clearly established. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
(5)6) Article 15. To authorize crowdfunding institutions, prior to agreement by the Interinstitutional Committee. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
(5)7) Article 19, first paragraph, fraction IV. To authorize that loans and credits obtained from any person, national or foreign, be used to establish schemes that allow sharing with investors the risks of the projects provided for in that Law. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
(5)8) Article 22, first paragraph. To authorize the organization and operation of electronic payment fund institutions, prior to agreement by the Interinstitutional Committee. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
(5)9) Article 35, first paragraph. To authorize crowdfunding institutions and electronic payment fund institutions, prior to agreement by the Interinstitutional Committee. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
(5)10) Article 37, first paragraph. To authorize crowdfunding institutions or electronic payment fund institutions to carry out operations other than those indicated in that Law. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
(5)11) Article 40, second paragraph. To carry out the inspection visits deemed necessary to verify compliance with the requirements referred to in the cited article. Regarding electronic payment fund institutions, such visits must be carried out by the Commission and the Bank of Mexico, within their respective competencies.
(5)12) Article 40, third paragraph. To deny the partial or total start of operations when compliance with the provisions of the cited article is not accredited. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
(5)13) Article 41. To authorize the acquisition or granting as collateral, through one or several simultaneous or successive operations, of titles representing the social capital of a financial technology institution, by a person or Group of Persons. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
(5)14) Article 43. To corroborate the veracity of the documentation and information provided with the authorization request, within its area of competence.
(5)15) Article 45. To authorize financial technology institutions to receive or deliver amounts of cash to their clients, as well as to carry out transfers of resources from or to deposit accounts opened in financial entities abroad or in other entities located in foreign territory authorized to carry out operations similar to those provided for in that Law, in the cases and with the limits established through general provisions. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
(5)16) Article 47, fourth paragraph. To issue an opinion to the Ministry for the authorization of financial technology institutions so that they can carry out analogous, related, or complementary operations. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
(5)17) Article 48, sixth paragraph. To exercise supervisory and surveillance powers regarding the independent third parties referred to in the cited article.
(5)18) Article 50. To inspect and supervise legal entities that provide external audit services under the terms of that Law, including partners or employees thereof that are part of the audit team, in order to verify compliance with that Law and the general provisions emanating from it. Likewise, to require any kind of information and documentation related to the provision of said services; to carry out inspection visits and to require the appearance of partners, representatives, and other employees of the legal entities that provide external audit services. The exercise of these powers shall be limited to the opinions, reports, and audit practices that, under the terms of that Law, are carried out by the legal entities that provide external audit services, as well as their partners or employees. Regarding the appearances referred to in this numeral.
(5)19) Article 54, third paragraph. To carry out supervisory acts regarding service providers contracted by financial technology institutions under the terms of the first paragraph of the cited article, or to order said financial technology institutions to carry out audits to those third parties, being obliged to submit a report to the Commission. Likewise, to specify the object of the inspections or audits, which shall be limited to the matter of the contracted service and compliance with the provisions of that Law and the provisions emanating from it.
(5)20) Article 55, sixth paragraph. To require, as a corrective measure, that financial technology institutions make adjustments to the accounting records related to their capital.
(5)21) Article 69. To declare, prior to approval by the Interinstitutional Committee, the revocation of the authorization granted to the financial technology institution, analyzing the operational, economic, financial, and administrative aspects.
(5)22) Article 70. To request information from financial technology institutions and from societies authorized to operate with novel models regarding their operations and those carried out between their clients, even regarding some or all of them individually, as well as the data that allow estimating their financial situation and, in general,
any information that proves useful to the Commission for the proper fulfillment of its functions, in the form and terms determined by the Commission.
(5)23) Article 71, first paragraph. Supervise the compliance, by financial technology institutions, societies authorized to operate with novel models, as well as holding companies of financial groups and sub-holding companies of financial groups, multiple banking institutions, regulated multiple-object financial societies, exchange houses, and general deposit warehouses that hold authorization to operate with novel models, with the provisions of that Law and the provisions emanating from it, subject to what is provided in their laws, regulations, and other applicable provisions. Likewise, conduct inspection visits to financial technology institutions in order to review, verify, check, and evaluate the activities they carry out.
(5)24) Article 71, eleventh paragraph. Contract the services of auditors and other professionals to assist the Commission in its supervisory functions.
(5)25) Article 71, twelfth paragraph. Bring to the knowledge of the Bank of Mexico the acts or omissions of financial technology institutions, financial entities, or societies authorized to operate with novel models that, in the exercise of its powers, it detects and that could constitute infractions to the provisions applicable to them under the Law to Regulate Financial Technology Institutions, as well as attend to the reports that said Central Bank presents to it on the same matter, in accordance with the collaboration agreement entered into for such effect.
(5)26) Article 72, first and second paragraphs. Specify the form and terms in which the entities, as well as the natural and legal persons subject to the supervision of these General Directorates, must comply with the Commission's requirements, as well as apply, indistinctly, the means of compulsion indicated in fractions I to IV of the cited article.
(5)27) Article 80, first and third paragraphs. Authorize, prior agreement of the Board of Directors, legal entities constituted in accordance with Mexican commercial legislation, other than the Commission, the National Insurance and Bonds Commission, the National Retirement Savings System Commission, or the Bank of Mexico, to carry out some activity whose realization requires an authorization, registration, or concession in accordance with that Law or another financial law, through novel models.
(5)28) Article 86, first paragraph. Discretionarily authorize financial technology institutions, holding companies of financial groups and sub-holding companies of financial groups, multiple banking institutions, regulated multiple-object financial societies, exchange houses, and general deposit warehouses, to carry out, temporarily, operations or activities inherent to their corporate purpose through novel models, when their realization requires exceptions or conditions to what is provided in the general provisions issued by the Commission. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
(5)29) Article 91. Corroborate the truthfulness of the information provided by societies authorized to operate with novel models, financial technology institutions, holding companies of financial groups, sub-holding companies of financial groups, multiple banking institutions, regulated multiple-object financial societies, exchange houses, general deposit warehouses, and other persons subject to the supervision of the General Directorates of Supervision of Groups and Financial Intermediaries A, B, C, D, E, and F, when they operate with novel models and offer products or provide services in accordance with Title IV of that Law.
For this purpose, the departments and entities of the Federal Public Administration, as well as other federal instances, must provide the related information. Likewise,
Financial Authorities may request foreign bodies with similar supervisory or regulatory functions to corroborate the information provided to them for this effect.
(5)30) Article 92. Revoke temporary authorizations, prior to the right to be heard of the societies authorized to operate with novel models. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
(5)31) Article 94. Act as a member of the Financial Innovation Group referred to in the Law.
(5)32) Article 115. Authorize self-correction programs, within the scope of their respective competence. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
(5)33) Article 116, fourth paragraph. Order modifications or corrections to self-correction programs, with the purpose that the program adheres to what is established in said article and in the applicable general provisions, as well as authorize the extensions referred to in the cited article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
(5)34) Article 117, second paragraph. Supervise at any time, the degree of progress and compliance with the self-correction program.
(5)The heads of the General Directorates of Supervision of Groups and Financial Intermediaries A, B, C, D, E, and F, may carry out the supervision of multiple banking institutions, regulated multiple-object financial societies, exchange houses, financial technology institutions, and general deposit warehouses that form part of a financial group in terms of the Law to Regulate Financial Groupings or are not grouped, or when between them they use equal or similar denominations, act jointly, offer complementary services, or have common shareholders. Likewise, it may exercise the attributes referred to in this article when it comes to popular financial societies or brokerage houses grouped in accordance with the Law to Regulate Financial Groupings.
(5)The head of the General Directorate of Supervision of Groups and Financial Intermediaries A, will be assisted and aided in the processing and resolution of matters within its competence, by the Coordinators of Groups and Financial Intermediaries A-1, A-2, A-3, A-4, and the Coordinator of Financial Technology Institutions and Novel Models A.
(5)The head of the General Directorate of Supervision of Groups and Financial Intermediaries B, will be assisted and aided in the processing and resolution of matters within its competence, by the Coordinators of Groups and Financial Intermediaries B-1, B-2, B-3, and B-4.
(5)The head of the General Directorate of Supervision of Groups and Financial Intermediaries C, will be assisted and aided in the processing and resolution of matters within its competence, by the Coordinators of Groups and Financial Intermediaries C-1, C-2, C-3, C4, and the Coordinator of Financial Technology Institutions and Novel Models C.
(5)The head of the General Directorate of Supervision of Groups and Financial Intermediaries D, will be assisted and aided in the processing and resolution of matters within its competence, by the Coordinators of Groups and Financial Intermediaries D-1, D-2, D-3, D-4, D-5, and the Coordinator of Financial Technology Institutions and Novel Models D.
(5)The head of the General Directorate of Supervision of Groups and Financial Intermediaries E, will be assisted and aided in the processing and resolution of matters within its competence, by the Coordinators of Groups and Financial Intermediaries E-1, E-2, E-3, E-4, E-5, and the Coordinator of Financial Technology Institutions and Novel Models E.
(5)The head of the General Directorate of Supervision of Groups and Financial Intermediaries F, will be assisted and aided in the processing and resolution of matters within its competence, by the Coordinators of Groups and Financial Intermediaries F-1, F-2, F-3, F-4, and the Coordinator of Financial Technology Institutions and Novel Models F.
(5)Without prejudice to the foregoing, the Coordinators corresponding to the General Directorates of Supervision of Groups and Financial Intermediaries A, B, C, D, E, and F, will have delegated the attributes held by the head of the General Directorate to which they are attached and within the scope of their competence, in which case they must observe what is provided in Title Four of the Internal Regulations of the National Banking and Securities Commission in all that is applicable.
Article 12.- The General Director of Supervision of Credit Unions, will have delegated the powers contained in the following legal instruments:
I. Law of the National Banking and Securities Commission:
In the same way, it will carry out the supervision of the entities referred to in the previous paragraph, subject to the supervision of the Commission, regarding the discretionary and non-discretionary risks to which they are exposed, in accordance with the prudential general provisions issued by the Commission.
Article 4, fraction VII. Issue the necessary measures so that the entities and other subjects mentioned in the previous subsection adjust their activities and operations to the laws applicable to them, to the general provisions derived from them, to commercial and stock market usages, and to the sound practices of financial markets.
Article 16, penultimate paragraph. Notify the agreements of the Board of Directors, regarding the entities referred to in subsection 1) of this fraction.
Article 19. Specify the form and terms in which the entities will be obliged to provide to the Commission, the data, reports, records, minute books, auxiliaries, documents, correspondence, and in general, the information it deems necessary, regarding the entities indicated in subsection 1) of this fraction.
II. Credit Union Law:
Article 6, first paragraph. Give an opinion to the Ministry of Finance and Public Credit when it deems appropriate for the better fulfillment of the attributes conferred by that Law.
Article 9, third paragraph. Warn the interested party, in writing and only once, to remedy the omission within a term that cannot be less than ten business days.
Article 11. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding in any case half of the deadline originally provided in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 14, second paragraph. Give a favorable opinion regarding the draft statutes attached to the authorization requests for the organization and operation of credit unions, as well as approve the public instrument in which the statutes of the society are recorded in terms of that Law. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 16, second paragraph. Approve the corporate statutes of credit unions, as well as their modifications. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 17, fraction VI. Require the other documentation and information related to the authorization requests referred to in said article.
Article 17, second paragraph. Verify that the request referred to in said article complies with what is provided in that Law, for which it may corroborate the truthfulness of the information provided, when it comes to requiring information from departments and entities of the Federal Public Administration. This power shall be exercised jointly with the General Directorate of Special Authorizations.
Article 18, last paragraph. Establish the cases and conditions in which credit unions may temporarily acquire the shares representing their own capital, seeking their sound development and liquidity. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 19, first paragraph. Authorize credit unions that shares be paid in kind, considering the financial situation of the union and ensuring its liquidity and solvency. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 20, second paragraph. Authorize that the social capital of credit unions can be integrated with a part represented by preferred shares up to an amount equivalent to twenty-five percent of the ordinary social capital. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 23, first paragraph, fraction II. Authorize a person or group of persons to acquire more than fifteen percent and up to thirty percent of the social capital of a credit union. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 23, first paragraph, fraction III, first paragraph. Authorize a group of persons intending to acquire in total control or more than thirty percent of the social capital of a credit union. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 23, first paragraph, fraction IV. Authorize several persons who are not considered as a group of persons to acquire control or more than thirty percent of the social capital of a credit union. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 23, last paragraph. Authorize temporarily, that a natural or legal person maintains the participation in the social capital of a credit union in percentages greater than those indicated in fraction III of that article, in case the stability and solvency of the credit union in question is at risk, and in order to restore the net capital of the said credit union referred to in article 48 of that Law and comply with a capital restoration plan referred to in article 80, fraction I, subsection b). This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 37, fraction I, subsection c). Require the other documentation and information related to that article.
Article 38, second paragraph. Require the other related documentation in order to evaluate the request referred to in said article.
Article 38, penultimate paragraph. Authorize, on the occasion of the spin-off of a credit union, the transmission to the spun-off society of active operations, liabilities, trusts, and commissions of the spinning-off union, when it considers that the interests of the union members in the respective operations are not adversely affected and there is no opposition from creditors. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 40, fraction XVIII. Authorize credit unions to acquire titles representing the capital of commercial societies, including those that provide them with complementary or auxiliary services in their administration, or in the realization of their purpose, as well as real estate societies that are owners or administrators of properties intended for their offices. Likewise, inspect and monitor the companies and societies cited. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 41, first paragraph. Authorize the celebration of foreign exchange purchase and sale operations exclusively with its members. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 43, first paragraph. Authorize credit unions to begin operations or change the level of operations referred to in article 39 of that Law. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 43, second paragraph. Conduct the inspection visits it deems necessary in order to verify compliance with the requirements referred to in fractions I to V of that article.
Article 47, last paragraph. Authorize specific operations for amounts exceeding the maximum limits, when the characteristics of the same so justify. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 48, penultimate paragraph. Require credit unions to make adjustments to the accounting records related to their active and passive operations, which in turn may result in modifications to their capitalization index and grant the right to be heard referred to in that paragraph.
Article 51, last paragraph. Monitor that credit unions properly observe what is provided in said article.
Article 52, fraction V. Authorize exceeding fifty percent of the part of the agricultural credits that are destined to cover the liabilities referred to in the second paragraph of article 323 of the General Law of Titles and Credit Operations, provided that compliance with the requirements indicated in article 51 of the Credit Union Law is accredited. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 62, first paragraph. Specify the terms in which credit unions must present to the Commission, certified by the secretary of the board of directors, the agreement in which the board of directors' approval of operations with related parties, which must be approved by it, is recorded, and inform it of the granting and, if applicable, renewal, as well as the payment method or extinction of these credits.
Article 63, third paragraph. Authorize credit unions that carry out assignments or discounts of credit portfolios with other credit unions or persons other than those mentioned in the second paragraph of that article and that intend to respond for the solvency of the debtor, grant financing to the assignee or discountee, or agree with the latter obligations or rights that allow them to reacquire the assigned or discounted credit portfolio. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 63, fraction II. Authorize credit unions to disclose information related to their portfolio or other assets in the cases referred to in this fraction. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 67, second paragraph. Order that the financial statements of credit unions be disseminated with the pertinent modifications and within the deadlines established for that purpose.
Article 69, fractions I to III and last paragraph. Inspect and supervise the legal entities that provide external audit services in terms of that Law, including the partners or employees thereof that are part of the audit team, in order to verify compliance with that Law and the observance of the general provisions emanating from it. Require any kind of information and documentation related to the provision of the type of services referred to in that article; carry out inspection visits as well as require the appearance of partners, representatives, and other employees of the legal entities that provide external audit services. The exercise of the powers referred to in that article shall be limited to the opinions, opinions, and audit practices that, in terms of that Law, are carried out by the legal entities that provide external audit services, as well as their partners or employees. Regarding the appearances referred to in this section, this power shall be exercised jointly with the General Directorate of Crimes and Sanctions.
Article 75. Inspect and supervise credit unions, in accordance with what is established in said article.
Article 78, first paragraph. Request information and documentation from credit unions and establish the deadlines and means of their presentation.
Article 79, second paragraph. Notify credit unions of the corrective measures they must observe in terms of that Law, as well as verify their compliance and define the terms and deadlines for the compliance with the corrective measures.
Article 80, first paragraph. Order the minimum corrective measures when credit unions do not comply with the capitalization requirements established in accordance with the provisions of article 48 of that Law.
Article 80, fraction I, subsection b). Approve the capital restoration plan presented to it by credit unions, which results in an increase in their capitalization index. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 80, fraction I, subsection b), penultimate paragraph. Establish the deadlines in which credit unions must comply with the capital restoration plan, which in no case may exceed two hundred and seventy days counted from the day following the notification to the union of the respective approval.
Article 80, fraction I, subsection b), last paragraph. Follow up and verify the compliance of the capital restoration plan of credit unions.
Article 80, second paragraph and fraction II. Order the application of additional special corrective measures referred to in subsections a) to d), as well as those determined by it, based on the result of its inspection and supervision functions and sound financial practices.
Article 88. Authorize the change of registered office of credit unions. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 89. Authorize the acquisition of shares or participations in the share capital of foreign companies or corporations. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 91, last paragraph. Order the suspension of the advertising carried out by credit unions in the cases provided for in that article.
Article 94, third paragraph. Order, prior to the right to be heard that is granted to the credit union, the partial or total, temporary or definitive, suspension of the provision of services or commissions through the third party in question, when credit unions repeatedly fail to comply with the general provisions issued by the Commission or the financial stability or operational continuity of the credit union may be affected at the discretion of the Commission itself; as well as authorize a regularization program referred to in that article, which meets the requirements established for that purpose in the referred general provisions. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence. Regarding the right to be heard, this power shall be exercised jointly with the General Litigation Directorate.
Article 94, penultimate paragraph. Directly formulate information requirements to credit unions and, if applicable, the observations and corrective measures derived from the supervision carried out in connection with the operations that credit unions carry out through service providers or commissionaires in accordance with the provisions of that article. Likewise, carry out inspections on the service providers or commissionaires hired by credit unions, or order credit unions to carry out audits on said service providers or commissionaires.
Article 95, first paragraph. Suspend or limit partially the carrying out of active, passive, and service operations referred to in article 40 of that Law, prior to the right to be heard of the credit union in question, when these are located in any of the cases provided for in that article. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence and jointly with the General Directorate of Crimes and Sanctions.
(1)45) Article 96, first and second paragraphs. Specify the form and terms in which its requirements must be complied with, as well as to enforce its determinations by employing indistinctly the means of coercion indicated in fractions I to IV of the cited article.
Article 97, first paragraph. Grant the right to be heard to credit unions for the purposes established in said article. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 103, fraction V. Authorize credit unions for a period not exceeding two years from the date of their acquisition to continue the exploitation of mines, metallurgical plants, rural estates, and commercial or industrial establishments, when they receive them in payment of credits or as guarantee of those already contracted, as well as to extend that deadline once, in exceptional cases, provided that the extension does not exceed two years. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 119 Bis, first paragraph. Authorize the self-correction programs that credit unions submit for that purpose, in the cases provided for in that article and in the applicable general provisions. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 119 Bis 1, penultimate paragraph. Order modifications or corrections to the self-correction programs, with the purpose that the program adheres to what is established in that article and the applicable general provisions, as well as authorize the extensions referred to in that article. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 119 Bis 2, second paragraph. Supervise, at any time, the degree of progress and compliance of the self-correction program.
Article 119 Bis 3. Authorize the self-correction programs presented to it by natural persons and other legal entities subject to the supervision of the Commission when, in the course of their activities, they detect irregularities or non-compliance with what is provided for in that Law and other applicable provisions, subject to what is provided for by articles 119 Bis to 119 Bis 2 of that Law, as applicable. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
III. General Law of Organizations and Auxiliary Credit Activities:
Article 5 Bis 1, third paragraph. Warn the interested party, in writing and only once, to remedy the omission within a term that cannot be less than ten business days.
Article 5 Bis 3. At the request of the interested party, extend the deadlines established in that Law, provided that such extension does not exceed in any case half of the originally provided deadline in the applicable provisions, when the matter so requires and they do not have knowledge that third parties' rights are prejudiced.
Article 56, first paragraph. Inspect and supervise regulated multiple-object financial societies, having, insofar as it does not oppose that Law, with respect to said regulated multiple-object financial societies, all the powers that the Credit Institutions Law confers in matters of inspection and supervision for multiple banking institutions, which it shall carry out subject to what is provided in the Law of the National Banking and Securities Commission, the respective Regulation, and other applicable provisions.
Article 87-B, fourth paragraph. Carry out the supervision of regulated multiple-object financial societies, in terms of that Law.
Article 87-B, eighth paragraph. Request information and documentation from regulated multiple-object financial societies, as well as establish presentation deadlines.
Article 87-B Bis, first paragraph. Require regulated multiple-object financial societies for information regarding persons who have directly or indirectly acquired more than five percent of the shares representing their share capital, as well as those who hold the positions of councilor and general manager, in the form and subject to the conditions established by the Commission itself through general provisions.
Article 87-K, third paragraph, subsection b). Give an opinion to the National Commission for the Protection and Defense of Users of Financial Services, with respect to those regulated multiple-object financial societies that fail to comply with the provisions referred to in article 87-D of that Law, for the purposes indicated in that paragraph. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 87-K, fifth paragraph. Give an opinion to the National Commission for the Protection and Defense of Users of Financial Services, so that it resolves the cancellation of the registration of a regulated multiple-object financial society that maintains property links with a credit union. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 87-O, third paragraph. Request information from guild associations of multiple-object financial societies, regarding the registration of corrective and disciplinary measures they apply to their members.
Article 94 Bis 4. Authorize the self-correction programs presented to it by natural persons and other legal entities subject to the supervision of the Commission, when, in the course of their activities, they detect irregularities or non-compliance with what is provided for in that Law and other applicable provisions, subject to what is provided for by articles 94 Bis 1 to 94 Bis 3 of that Law, as applicable. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
IV. Law to Regulate Credit Information Societies:
V. Law for the Protection and Defense of Users of Financial Services:
(4)The head of the General Directorate of Credit Union Supervision shall be assisted and assisted for the processing and resolution of matters within its competence, by the Credit Union Coordinators A, B, and C. Without prejudice to the foregoing, the aforementioned public servants shall have delegated the attributes corresponding to the head of the General Directorate to which they are attached and within the scope of their competence, in which case they must observe what is provided in Title Four of the Internal Regulation of the National Banking and Securities Commission in everything that is applicable.
(4)Article 13.- The General Directors of Supervision of Popular Financial Societies A and B, shall have delegated the powers contained in the following legal orders:
I. Law of the National Banking and Securities Commission:
Likewise, it will carry out the supervision of the entities referred to in the previous paragraph, subject to the supervision of the Commission, with respect to the discretionary and non-discretionary risks to which they are exposed, in accordance with the prudential provisions issued by the Commission.
Article 4, fraction VII. Issue the necessary measures so that the entities and other subjects mentioned in the previous subsection adjust their activities and operations to the laws applicable to them, the general provisions derived from them, commercial and stock market usages, and sound practices of the financial markets.
Article 16, penultimate paragraph. Notify the agreements of the Board of Directors, with respect to the entities and other subjects referred to in subsection 1) of this fraction.
Article 19. Specify the form and terms in which the entities will be obliged to provide to the Commission, the data, reports, records, minutes books, auxiliaries, documents, correspondence, and in general, the information it deems necessary, with respect to the entities indicated in subsection 1) of this fraction.
II. Popular Savings and Credit Law:
Article 6, first paragraph. Authorize persons to use the terms established in the first paragraph of that article. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 9, third paragraph. Deliver the Commission's resolution on the authorization requests to the Federations, as well as to the applicant societies referred to in that article.
Article 9, fourth paragraph. Designate the Federation that will be in charge of issuing the opinion referred to in that article, once the cases provided for therein are met and for the purposes indicated.
Article 9, sixth paragraph. Resolve on the request for review of the unfavorable opinion issued by the Federation. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 9, last paragraph. Approve the change of operation level of popular financial societies, prior to the opinion of the Federation with which it has celebrated the affiliation or auxiliary supervision contract. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 10, antepenultimate paragraphs. Approve the constitutive deeds, as well as the modifications to said document and the corporate statutes of popular financial societies. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 32 Bis, first paragraph. Authorize popular financial societies to begin operations or carry out other additional ones to those authorized to them, among those indicated in article 36 of that Law. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 32 Bis, second paragraph. Carry out the inspection visits it deems necessary in order to verify compliance with the requirements referred to in fractions I to IV of that article.
Article 35 Bis, first paragraph. Specify the terms in which popular financial societies must present to the Commission, a certified copy of the agreement in which the board of directors' approval to carry out operations with related parties is recorded, and inform of the granting and, if applicable, renewal, as well as the payment method or extinction of these credits.
Article 36, third paragraph. Authorize popular financial societies to carry out operations analogous or related to those indicated in that article, including the granting of guarantees referred to in article 92 of that Law. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 36, fourth paragraph. Authorize popular financial societies to carry out additional operations to those of the operation level assigned to them. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 36, fifth paragraph. Authorize popular financial societies to receive deposits from the Federal, State, or Municipal Governments, either through their central or parastatal sectors, when they are located in Operation Levels III and IV. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 36, Bis 1, second paragraph. Authorize popular financial societies to issue subordinate obligations. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 36 Bis 1, fifth paragraph. Authorize the early payment of the subordinate obligations issued by popular financial societies. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 36 Bis 2, third paragraph. Authorize popular financial societies that carry out assignments or discounts of credit portfolios with persons other than those mentioned in the second paragraph of that article and that intend to respond for the solvency of the debtor, grant financing to the assignee or discountee, or agree with the latter obligations or rights that allow them to reacquire the assigned or discounted credit portfolio. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 36 Bis 2, fourth paragraph, fraction II. Authorize popular financial societies to disclose information related to their portfolio or other assets in the cases referred to in this fraction. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 36 Bis 3, fourth paragraph. Approve a regularization program that meets the requirements established for that purpose in the referred general provisions. This power shall be exercised by analyzing and determining the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 36 Bis 3, fifth paragraph. Directly formulate to popular financial societies and to the service providers or agents referred to in Article 36 Bis 3 of that Law, through said societies, the information requests, including books, records and documents, as well as, where applicable, the observations and corrective measures derived from the supervision carried out with respect to the activities that the societies carry out through service providers or agents in accordance with what is provided in that article, to ensure the continuity of the services that the societies provide to their clients, the integrity of the information and compliance with what is established in that Law.
Article 36 Bis 3, penultimate paragraph. Carry out acts of supervision, inspection and surveillance with respect to the service providers or agents that popular financial societies hire in terms of that article, as well as carry out inspections on the third parties hired by the societies with respect to the contracted activities, or order the societies to carry out audits on said third parties, with the society itself being obliged to submit a report to the Commission regarding this matter.
Article 37, first paragraph. Grant the right to be heard to popular financial societies for the purposes established in that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 37, fraction IV, second paragraph. Establish a term not less than sixty business days nor more than ninety business days, for the capital to be replenished in the amount necessary to maintain the operation of the popular financial society within legal limits, within the scope of its competence.
Article 44, second, third and penultimate paragraphs. Authorize the direct or indirect acquisition of more than five percent of the paid ordinary share capital of a popular financial society or the granting of a guarantee on the shares representing said percentage to any natural or legal person. Likewise, authorize the acquisition of twenty percent or more of the shares representing the share capital of a popular financial society or the obtaining of control of said society, by a person or group of persons, whether shareholders or not, as well as require the additional documentation connected to evaluate the request referred to in that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 45. Authorize a person who intends to acquire or transfer more than ten percent of the share capital of a popular financial society, prior to a favorable opinion from the Federation that supervises it in an auxiliary manner. This power shall be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 46 Bis, first and second paragraphs. Exercise the powers established in Articles 9, fifth paragraph; 32 Bis, first and second paragraphs; 36 Bis; 36 Bis 1, fifth paragraph; 36 Bis 2, third and fourth paragraphs, fraction II, 36 Bis 3, second paragraph, fraction IV, fourth, fifth and sixth paragraphs, 37, first paragraph, fraction IV, second paragraph and 120 of that Law with respect to community financial societies with operation levels I to IV and Rural Financial Integration Agencies.
Article 47. Exercise supervision of popular financial societies, for which it shall have all the powers granted to it in matters of inspection and surveillance by that Law and the Law governing the Commission.
Article 53, fraction I, last paragraph. Extend the term of two hundred forty natural days, counted from the date on which the notification of the revocation takes effect, for the Federations to have the minimum number of affiliated popular financial societies referred to in this fraction.
Article 53, fraction VI. Request the additional documentation considered necessary to grant authorization to a Federation.
Article 53, last paragraph. Approve the modifications intended to be made to the bylaws, as well as to the internal regulations of a Federation. This power shall be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 55, last paragraph. Order adjustments to the internal regulations of the Federations, as well as object to the resolutions or determinations adopted by the corporate bodies of these, including the designation of officials or members of their internal collegiate bodies, when it determines the existence of any conflict of interest or improper use of information, or when the persons designated for the exercise of a certain position or commission do not meet the requirements of independence, technical capacity or moral or economic solvency that, where applicable, they must observe in terms of that Law and the provisions emanating from it.
Article 56. Request from the Federations, if considered necessary, to make clarifications to the information they make available to the public regarding the grouping they carry out in terms of that article, as well as to provide more detailed information regarding each charge concept.
Article 59. Exercise supervision of the Federations, for which it shall have all the powers granted to it in matters of inspection and surveillance by that Law and the Law governing the Commission.
Article 60, first paragraph. Grant the right to be heard to the Federations for the purposes established in said article. This power shall be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 67, penultimate paragraph. Authorize the Federations to agree among themselves on the establishment of common supervision committees. This power shall be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 73, third paragraph. Order the application of additional special corrective measures to popular financial societies, for which it may consider, among other elements, the category in which the society in question has been classified, its overall financial situation, compliance with the regulatory framework, the trend of the capitalization level and of the main indicators that reflect the degree of stability and solvency, the quality of accounting and financial information and compliance in the delivery of said information.
Article 74, fraction III, subsection b) last paragraph. Extend the term of two hundred seventy natural days for the compliance with the capital restoration plan of a popular financial society, considering the improvements observed in the society and the reasons that have justified the delay in compliance with the plan.
Article 87, second paragraph. Assign to unaffiliated popular financial societies a Federation to supervise them in an auxiliary manner, within the scope of its competence.
Article 101, fraction III. Authorize the extraordinary fees to be borne by popular financial societies, as determined by the Technical Committee. This power shall be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 102, first paragraph. Give a favorable opinion to the Technical Committee of the Protection Fund regarding the appointments of its members.
Article 102, last paragraph. Carry out the appointments of the members of the Technical Committee of the Protection Fund that correspond in terms of fraction IV of that article, when these are not carried out within three months following the occurrence of a vacancy.
Article 104, fraction V, first paragraph. Approve the method of calculating the periodic fees corresponding to deposit insurance. This power shall be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 104 Bis, last paragraph. Order adjustments to the internal regulations of the Protection Fund, as well as object to the resolutions or determinations adopted by the corporate bodies of these.
Article 104 Bis 1, last paragraph. Request from the Savings Protection Committee, if considered necessary, to make clarifications to the information it makes available to the public.
Article 104 Bis 2. Exercise supervision of the Protection Fund and its respective committees, for which it shall have all the powers granted to it in matters of inspection and surveillance by that regulation and the Law of the National Banking and Securities Commission.
Article 106, fraction I, last paragraph. Lift the corrective measures imposed on the popular financial society, including those referred to in Article 76 of that Law, once the payment of the supports granted has been covered.
Article 109, fraction I. Authorize the amount of extraordinary contributions that the Technical Committee determines for this purpose. This power shall be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 115 Bis, second paragraph. Grant the right to be heard for the purposes established in that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 118, second and third paragraphs. Order that the financial statements of popular financial societies be disseminated with the pertinent modifications and within the terms established for this purpose. Likewise, order that corrections to the financial statements considered necessary be made.
Article 119. Inspect and supervise the legal entities that provide external audit services in terms of that Law, including the partners or employees of those that are part of the audit team, in order to verify compliance with that Law and the observance of the general provisions emanating from it. Require any kind of information and documentation related to the provision of the type of services referred to in said article; carry out inspection visits as well as require the appearance of partners, representatives and other employees of the legal entities that provide external audit services. The exercise of the powers referred to in that article shall be circumscribed to the opinions, opinions and audit practices that, in terms of that Law, are carried out by the legal entities that provide external audit services, as well as their partners or employees. Regarding the appearances referred to in this numeral, this power shall be exercised jointly with the General Directorate of Crimes and Sanctions.
Article 120, first paragraph. Exercise supervision of popular financial societies, Federations and the Protection Fund, subject to what is provided in that Law, in the Law of the National Banking and Securities Commission and in the supervision regulation issued under the latter Law.
Article 120, second, penultimate and last paragraphs. Carry out visits to popular financial societies, as well as to the Federations and the Protection Fund and its Technical and Savings Protection Committees, to review, verify, check and evaluate the activities, operations, organization, functioning, processes, internal control systems, risk management and information systems, as well as the assets, the adequacy of capital to risks, the quality of assets and, in general, everything that could affect the financial, economic, accounting, administrative and legal position, which is recorded or should be recorded in registers, in order for the societies, the Federations and the aforementioned fund to adjust to compliance with the provisions governing them and to sound practices in the matter, as the case may be. Likewise, it may request information and documentation required to fulfill its surveillance function, as well as formulate observations and order the adoption of measures aimed at correcting the irregular facts, acts or omissions detected with respect to said functions, in terms of that Law.
Article 122 Bis, first paragraph. Require information from popular financial societies, as well as the Federations and the Technical Committee and the Administrator of the Savings Protection System for the adequate fulfillment of its supervision task.
Article 122 Bis, second paragraph. Request information and documentation from popular financial societies, as well as the Federations and the Technical Committee and the Administrator of the Savings Protection System, as well as establish the terms and means of presentation.
Article 124 Bis, third paragraph. Warn the interested party, in writing and only once, to remedy the omission within a term that cannot be less than ten business days.
Article 124 Bis 1. Extend the terms established in that Law, at the request of the interested party, without such extension exceeding in any case half of the term originally provided in the applicable provisions, when the matter so requires and there is no knowledge that it prejudices the rights of third parties.
Article 136 Bis 3, first paragraph. Authorize the self-correction programs that popular financial societies, community financial societies with operation levels I to IV, Rural Financial Integration Agencies or Federations submit for such effect, in the cases provided for in that article and in the applicable general provisions. This power shall be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 136 Bis 4, penultimate paragraph. Order modifications or corrections to the self-correction programs, that popular financial societies, community financial societies with operation levels I to IV, Rural Financial Integration Agencies or Federations, with the purpose that the program complies with what is established in this article and the applicable general provisions, as well as authorize the extensions referred to in that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 136 Bis 5, second paragraph. Supervise, at any time, the degree of progress and compliance with the self-correction program.
Article 136 Bis 6. Authorize the self-correction programs presented to it by natural persons and other legal entities subject to the supervision of the Commission when, in the course of their activities, they detect irregularities or non-compliance with what is provided in that Law and other applicable provisions, subject to what is provided by Articles 136 Bis 3 to 136 Bis 5 of that Law, as applicable. This power shall be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
III. General Law of Organizations and Auxiliary Credit Activities:
Article 5 Bis 1, third paragraph. Warn the interested party, in writing and only once, to remedy the omission within a term that cannot be less than ten business days.
Article 5 Bis 3. At the request of the interested party, extend the terms established in that Law, without such extension exceeding in any case half of the term originally provided in the applicable provisions, when the matter so requires and there is no knowledge that it prejudices the rights of third parties.
Article 56, first paragraph. Inspect and supervise regulated multiple-object financial societies, having, insofar as it does not oppose to that Law, with respect to said regulated multiple-object financial societies, all the powers granted to it in matters of inspection and surveillance by the Credit Institutions Law for multiple banking institutions, which it shall carry out subject to what is provided in the Law of the National Banking and Securities Commission, in the respective Regulation and in the other provisions that result applicable.
Article 87-B, fourth paragraph. Carry out the supervision of regulated multiple-object financial societies, in terms of that Law.
Article 87-B, eighth paragraph. Request information and documentation from regulated multiple-object financial societies, as well as establish the presentation terms.
Article 87-B Bis, first paragraph. Require from regulated multiple-object financial societies information relating to persons who have directly or indirectly acquired more than five percent of the shares representing their share capital, as well as those who hold the positions of councilor and general manager, in the form and subject to the conditions established by the Commission itself through general provisions.
Article 87-K, third paragraph, subsection b). Give an opinion to the National Commission for the Protection and Defense of Users of Financial Services, with respect to those regulated multiple-object financial societies that repeatedly fail to comply with the provisions referred to in Article 87-D of that Law, for the purposes indicated in that paragraph. This power shall be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 87-K, fifth paragraph. Give an opinion to the National Commission for the Protection and Defense of Users of Financial Services, so that it resolves the cancellation of the registration of a regulated multiple-object financial society that maintains property links with a popular financial society with operation level I to IV or a community financial society with operation level I to IV. This power shall be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 87-O, third paragraph. Request information from trade associations of regulated multiple-object financial societies, regarding the registration of corrective and disciplinary measures they apply to their members.
Article 94 Bis 4. Authorize the self-correction programs presented to it by natural persons and other legal entities subject to the supervision of the Commission when, in the course of their activities, they detect irregularities or non-compliance with what is provided in that Law and other applicable provisions, subject to what is provided by Articles 94 Bis 1 to 94 Bis 3 of that Law, as applicable. This power shall be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
IV. Law to Regulate Credit Information Societies:
V. Law for the Protection and Defense of Financial Services Users:
VI. Law on Transparency and Promotion of Competition in Secured Credit:
(4) The heads of the General Directorates for Supervision of Popular Financial Societies A and B shall be assisted and aided in the processing and resolution of matters within their competence by the Coordinators of Popular Financial Societies A, B and C, as well as the Coordinators of Popular Financial Societies B 1 and B 2. Without prejudice to the foregoing, the aforementioned public servants shall have delegated the attributes corresponding to the head of the General Directorate to which they are assigned and within the scope of their competence, in which case they must observe what is provided in Title Four of the Internal Regulations of the National Banking and Securities Commission in all that is applicable.
Article 14.- The General Director of Supervision of Development Banking and Promotion Entities shall have delegated the powers contained in the following legal instruments:
I. Law of the National Banking and Securities Commission:
Likewise, to conduct supervision of other natural and legal persons that, without being entities, carry out activities provided for in the Credit Institutions Law and the General Law of Auxiliary Credit Organizations and Activities, or are contracted by entities to provide services in accordance with said Laws, and in both cases are subject to the supervision of the Commission.
In the same way, it will conduct supervision of the entities referred to in the preceding paragraphs, subject to the supervision of the Commission, regarding the discretionary and non-discretionary risks to which they are exposed, in accordance with the prudential provisions issued by the Commission.
Article 4, Section VII. Issue the necessary measures so that the entities and other subjects mentioned in the previous subsection adjust their activities and operations to the laws applicable to them, to the general provisions derived from them, to commercial, stock exchange and banking usages, and to sound practices of financial markets.
Article 4, Section XXXVIII. Exercise the powers attributed to the Commission by the Regulatory Law of Section XIII Bis of Section B of Article 123 of the Political Constitution of the United Mexican States.
Article 16, second-to-last paragraph. Notify the agreements of the Board of Directors regarding the entities referred to in subsection 1) of this section.
Article 19. Specify the form and terms in which entities will be obligated to provide the Commission with data, reports, records, minute books, auxiliary records, documents, correspondence and, in general, any information deemed necessary regarding the entities and subjects indicated in subsection 1) of this section.
II. Credit Institutions Law:
Article 5 Bis, first paragraph. Provide an opinion to the Ministry of Finance and Public Credit for the better fulfillment of the attributes conferred by that Law, when deemed appropriate. This power will be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 5 Bis 1, third paragraph. Warn the interested party, in writing and only once, to remedy the omission within a term that cannot be less than ten business days.
Article 5 Bis 3. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding, in any case, half of the originally provided deadline in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 46 Bis 1, fourth paragraph. Approve a regularization program referred to in said article, which meets the requirements established in the general provisions referred to. This power will be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 46 Bis 1, fifth paragraph. Directly formulate information requests to development banking institutions, and, where applicable, the observations and corrective measures derived from the supervision carried out regarding the activities that institutions carry out through service providers or commission agents in accordance with what is provided in that article, within its area of competence. Likewise, carry out supervision, inspection and monitoring acts regarding the service providers or commission agents hired by the institutions in terms of that article, as well as conduct inspections on third parties hired by development banking institutions regarding contracted activities, or order institutions to conduct audits on said third parties, with the institution itself being obligated to submit a report to the Commission on the matter, within its area of competence.
Article 46 Bis 2, last paragraph. Request, through development banking institutions, from the service providers or commission agents referred to in Article 46 Bis 1 of that Law, information, including books, records and documents, regarding the services they provide, as well as conduct inspection visits and decree the measures that development banking institutions must observe to ensure the continuity of the services they provide to their clients, the integrity of the information and compliance with what is established in that Law, within its area of competence.
Article 46 Bis 4. Authorize development banking institutions to grant guarantees or bonds when they cannot be attended to by bond institutions due to their amount, within its area of competence. This power will be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 46 Bis 5, Section I. Authorize development banking institutions to pledge their properties, provided that it contributes to the stability of credit institutions or the banking system. This power will be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 47, second-to-last paragraph. Provide an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing development banking institutions to carry out the operations referred to in said paragraph. This power will be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 50, eighth paragraph. Require, as a corrective measure, development banking institutions to make adjustments to accounting records related to their active and passive operations, which in turn may result in modifications to their capitalization index.
Article 53, Section III, last paragraph. Provide an opinion to the Ministry of Finance and Public Credit regarding the exceptions established for the operation with securities on their own account carried out by development banking institutions without the intermediation of brokerage houses. This power will be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 55, Section II. Temporarily increase, in individual cases, the percentage referred to in said section, as well as that indicated in the previous section, when in its judgment the resulting amount is insufficient for the indicated destination. This power will be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 66, Section V. Authorize exceeding fifty percent of the part of agricultural credits that are destined to cover the liabilities referred to in the second paragraph of Article 323 of the General Law of Negotiable Instruments and Credit Operations, provided that compliance with the requirements indicated in Article 65 of that Law is accredited. This power will be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 75, Section II. Extend the deadline referred to in that section, considering the nature and situation of the company in question. This power will be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 87, last paragraph. Provide an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing branches of development banking institutions established abroad to carry out operations not provided for in Mexican laws. This power will be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 88, first paragraph. Authorize development banking institutions to invest in securities representing the social capital of companies that provide them with complementary or auxiliary services in their administration or in the realization of their object, as well as real estate societies that are owners or administrators of assets destined for their offices. This power will be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 88, third paragraph. Inspect and monitor the companies and societies referred to in the first paragraph of that article.
Article 93, third paragraph. Authorize development banking institutions that carry out assignments or discounts of credit portfolios with persons other than those mentioned in the second paragraph of that article and that intend to respond for the solvency of the debtor, to grant financing to the assignee or discounter, or to agree with them obligations or rights that allow them to reacquire the assigned or discounted credit portfolio. This power will be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 93, fourth paragraph, Section II. Authorize development banking institutions to disclose information related to their assets in the cases referred to in this section. This power will be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 96. Monitor that institutions comply with applicable provisions on basic security measures.
Article 97, first paragraph. Request information and documentation from development banking institutions, establishing deadlines and means of presentation.
Article 99, second paragraph. Order, in protection of the interests of the saving public, as a corrective measure, development banking institutions to make corrections or modifications to their financial statements, as well as instruct the publication of said corrections or modifications.
Article 101, second paragraph. Order that the financial statements of development banking institutions be disseminated with the pertinent modifications and within the deadlines established for that purpose.
Article 101 Bis 1. Inspect and monitor legal persons that provide external audit services in terms of that Law, including partners or employees thereof that are part of the audit team, in order to verify compliance with that Law and the observance of general provisions emanating from it. Require any kind of information and documentation related to the provision of the type of services referred to in said article; conduct inspection visits as well as require the appearance of partners, representatives and other employees of legal persons that provide external audit services. The exercise of the powers referred to in that article will be circumscribed to the opinions, opinions and audit practices that, in terms of that Law, are practiced by legal persons that provide external audit services, as well as their partners or employees. Regarding the appearances referred to in this numeral, this power will be exercised jointly with the General Directorate of Crimes and Sanctions.
Article 102, second paragraph. Order, in protection of the interests of the saving public, to development banking institutions, as a corrective measure, the constitution of preventive reserves when it detects inadequate valuation or incorrect estimation in terms of the previous Article 101 Bis 5 of that Law. These reserves will be additional to those that credit institutions are obligated to constitute in terms of the applicable provisions.
Article 109 Bis 9, first paragraph. Authorize the self-correction programs that development banking institutions submit for that purpose, in the cases provided for in that article and in the applicable general provisions. This power will be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 109 Bis 10, second-to-last paragraph. Order modifications or corrections to self-correction programs, with the purpose that the program complies with what is established in the present article and the applicable general provisions, as well as authorize the extensions referred to in that article. This power will be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 109 Bis 11, second paragraph. Supervise, at any time, the degree of progress and compliance of the self-correction program.
Article 109 Bis 12. Authorize the self-correction programs presented to it by natural persons and other legal persons subject to the supervision of the Commission when, in the realization of their activities, they detect irregularities or non-compliance with what is provided in that Law and other applicable provisions, subject to what is provided by Articles 109 Bis 9 to 109 Bis 11 of that Law, as applicable. This power will be exercised by analyzing and ruling on the operational, economic, financial and administrative aspects of the acts within its competence.
Article 117, first, third, seventh, third-to-last and second-to-last paragraphs. Supervise development banking institutions, subject to what is provided in the Law of the National Banking and Securities Commission, in the respective Regulation and in other applicable provisions, for which it may conduct inspection visits to development banking institutions which will have the object of reviewing, verifying, checking and evaluating operations, organization, functioning, processes, internal control systems, risk management and information systems, as well as assets, capital adequacy to risks, asset quality and, in general, everything that could affect the financial and legal position, whether it is recorded or should be recorded in the records, in order for development banking institutions to adjust to compliance with the provisions governing them and sound practices in the matter. Likewise, it may investigate facts, acts or omissions from which a violation of that Law and other provisions derived from it may be presumed; hire the services of auditors and other professionals to assist it in this function; request the information and documentation required to be able to fulfill its monitoring function, as well as formulate observations and order the adoption of measures aimed at correcting irregular facts, acts or omissions detected during these functions, in terms of that Law.
Article 125, third and fourth paragraphs. Supervise public trusts that are part of the Mexican Banking System, for which it will have the same attributes conferred upon the National Banking and Securities Commission by Articles 117 and 118 of that Law, as well as those granted by the Law of the National Banking and Securities Commission with respect to credit institutions.
Article 136, first and second paragraphs. Specify the form and terms in which development banking institutions and other natural or legal persons to whom information and documentation is requested must comply with their requirements, to enforce its determinations regarding subjects regulated by that law, it may employ, indistinctly, the means of compulsion indicated in the sections of the cited article.
III. General Law of Auxiliary Credit Organizations and Activities:
Article 5 Bis 1, third paragraph. Warn the interested party, in writing and only once, to remedy the omission within a term that cannot be less than ten business days.
Article 5 Bis 3. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding, in any case, half of the originally provided deadline in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 56, first paragraph. Inspect and monitor regulated multiple-object financial societies, having, insofar as it does not oppose this Law, regarding said regulated multiple-object financial societies, all the powers that the Credit Institutions Law confers in matters of inspection and monitoring for multiple banking institutions, which it will carry out subject to what is provided in the Law of the National Banking and Securities Commission, in the respective Regulation and in other applicable provisions.
Article 87-B, fourth paragraph. Conduct supervision of multiple-object financial societies regulated, in terms of that Law.
Article 87-B, eighth paragraph. Request information and documentation from the regulated multiple-object financial societies, as well as establish presentation deadlines.
Article 87-B Bis, first paragraph. Require information from the regulated multiple-object financial societies regarding persons who have directly or indirectly acquired more than five percent of the shares representing their share capital, as well as those who hold the positions of board member and general manager, in the manner and subject to the conditions established by the Commission itself through general provisions.
Article 87-K, third paragraph, subsection b). Provide an opinion to the National Commission for the Protection and Defense of Financial Services Users, regarding those regulated multiple-object financial societies that repeatedly fail to comply with the provisions referred to in article 87-D of that Law, for the effects indicated in that paragraph. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 87-K, fifth paragraph. Provide an opinion to the National Commission for the Protection and Defense of Financial Services Users, so that it may resolve the cancellation of the registration of a regulated multiple-object financial society that maintains property links with development banking institutions. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 87-O, third paragraph. Request information from the trade associations of multiple-object financial societies, regarding the registration of corrective and disciplinary measures they apply to their members.
Article 94 Bis 4. Authorize the self-correction programs presented to it by natural persons and other legal entities subject to the Commission's supervision when, in the course of their activities, they detect irregularities or non-compliance with what is provided in that Law and other applicable provisions, subject to what is provided by articles 94 Bis 1 to 94 Bis 3 of that Law, as applicable. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
IV. Law to Regulate Credit Information Societies:
V. Law for Transparency and Ordering of Financial Services:
VI. Law of the National Institute for the Consumption Fund of Workers:
VII. Law of the National Housing Fund Institute for Workers:
Article 66, subsection II. Approve the organization systems of the accounting and internal audit of the Institute.
Article 66, subsection III. Supervise and monitor that the Institute's operations comply with established norms and sound practices, informing the Institute and the Ministry of Finance and Public Credit of any irregularities it may find.
VIII. Organic Law of the National Financial Institution for Agricultural, Rural, Forestry and Fisheries Development:
IX. Law of the Security and Social Services Institute for State Workers:
X. Law for the Protection and Defense of Financial Services Users:
XI. Law on Transparency and Promotion of Competition in Secured Credit:
(4) The Head of the General Directorate of Development Banking and Development Entities Supervision shall be assisted and aided in the processing and resolution of matters within its competence by the Coordinators of Development Banking and Development Entities A, B, C, and D. Without prejudice to the foregoing, the aforementioned public servants shall have delegated the attributes corresponding to the Head of the General Directorate to which they are attached and within the scope of their competence, in which case they must observe what is provided in Title Four of the Internal Regulations of the National Banking and Securities Commission in all that is applicable.
Article 15.- The General Directors of Supervision of Savings and Loan Cooperatives A and B shall have delegated the powers contained in the following legal instruments:
I. Law of the National Banking and Securities Commission:
In the same way, it will carry out supervision of the entities referred to in the previous paragraph, subject to the Commission's supervision, regarding the discretionary and non-discretionary risks to which they are exposed, in accordance with the prudential provisions issued by the Commission.
Article 4, subsection VII. Issue the necessary measures so that the entities mentioned in the previous subsection adjust their activities and operations to the laws applicable to them, the general provisions derived from them, commercial and stock market usages, and sound practices of financial markets.
Article 16, penultimate paragraph. Notify the agreements of the Board of Directors, regarding the entities referred to in subsection 1) of this subsection.
Article 19. Specify the manner and terms in which the entities will be obliged to provide the Commission with data, reports, records, minute books, auxiliary documents, correspondence, and in general, the information deemed necessary, regarding the entities and subjects indicated in subsection 1) of this subsection.
II. Law to Regulate the Activities of Savings and Loan Cooperative Societies:
Article 3, second paragraph. Authorize persons to use the terms established in the first paragraph of that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 10, third paragraph. Deliver the Commission's resolution on authorization requests to the Auxiliary Supervision Committee, as well as to the requesting societies referred to in that article.
Article 10, fifth paragraph. Resolve on the request for review of the unfavorable opinion issued by the Auxiliary Supervision Committee. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 10, last paragraph. Authorize the change of operation level of savings and loan cooperative societies, prior to the opinion of the Auxiliary Supervision Committee. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 11, last paragraph. Issue the seal that savings and loan cooperative societies with operation levels I to IV must display.
Article 12. Authorize savings and loan cooperative societies with assets lower than the equivalent in national currency to 2,500,000 UDIS to operate with an operation level other than basic. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 18, first paragraph. Exercise supervision of savings and loan cooperative societies with operation levels I to IV, in terms of that Law, the Law of the National Banking and Securities Commission, and in the supervision regulation issued under the latter law.
Article 19, second paragraph. Authorize savings and loan cooperative societies to carry out operations analogous or connected to those indicated in subsections I to IV of that article, provided that these do not contravene the nature or object of savings and loan cooperative societies. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 19, third paragraph. Authorize savings and loan cooperative societies to carry out additional operations to those of the operation level assigned to them. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 19 Bis, fourth paragraph. Order, prior to the right to be heard granted to the savings and loan cooperative society, the partial or total, temporary or definitive, suspension of the provision of services or commissions through the third party in question, when the provisions issued in accordance with what is mentioned in that article are not complied with, or if the operational continuity of the savings and loan cooperative society may be affected or in protection of public interests; as well as approve a regularization program that meets the requirements established in the general provisions referred to. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence. Regarding the right to be heard, this power shall be exercised jointly with the General Litigation Directorate.
Article 19 Bis, fifth paragraph. Directly formulate to savings and loan cooperative societies and to the service providers or commissionaires referred to in article 19 Bis of that Law, through said societies, the information requirements, including books, records, and documents, as well as, if applicable, the observations and corrective measures derived from the supervision carried out regarding the activities that societies carry out through service providers or commissionaires in accordance with what is provided in this article, to ensure the continuity of the services that societies provide to their clients, the integrity of the information, and compliance with what is established in that Law. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 19 Bis, penultimate paragraph. Carry out acts of supervision, inspection, and monitoring regarding the service providers or commissionaires that savings and loan cooperative societies hire in terms of that article, as well as conduct inspections to the third parties hired by societies regarding the contracted activities, or order societies to conduct audits of said third parties, with the society itself being obliged to submit a report to the Commission regarding this.
Article 21, second paragraph, subsection II. Authorize savings and loan cooperative societies with operation levels I to IV to disclose information related to their portfolio or other assets in the cases referred to in this subsection. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 21 last paragraph. Provide an opinion to the Technical Committee, so that in exceptional cases it may authorize savings and loan cooperative societies with operation levels I to IV to assign or discount their credit portfolio with persons other than those indicated in the first paragraph of that article, when their financial situation so requires. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 24, penultimate paragraph. Verify compliance with the notice referred to in the second paragraph of that article.
Article 30 Bis, second paragraph. Authorize the modifications that savings and loan cooperative societies with operation levels I to IV intend to make to their constitutive deed or constitutive bases, prior to the favorable opinion of the Auxiliary Supervision Committee.
Article 33, first paragraph. Authorize any other means through which savings and loan cooperative societies with operation levels I to IV may microfilm or record the books, records, and documents in general that are in their possession, related to the acts of the societies.
Article 34, second paragraph. Order savings and loan cooperative societies with operation levels I to IV to disseminate their financial statements with the pertinent modifications and within the deadlines established for this purpose.
Article 35. Inspect and monitor legal entities that provide external audit services in terms of that Law, including partners or employees of those that are part of the audit team, in order to verify compliance with that Law and the observance of general provisions derived from it. Require all kinds of information and documentation related to the provision of the type of services referred to in that article; conduct inspection visits as well as require the appearance of partners, representatives, and other employees of legal entities that provide external audit services. The exercise of the powers referred to in that article shall be circumscribed to the opinions, opinions, and audit practices that, in terms of that Law, are practiced by legal entities that provide external audit services, as well as their partners or employees. Regarding the appearances referred to in this item, this power shall be exercised jointly with the General Directorate of Crimes and Sanctions.
Article 45, first paragraph. Provide an opinion to the Technical Committee of the Protection Fund on the appointments of its members. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 47, subsection IV. Provide an opinion to the Technical Committee of the Protection Fund on the constitution of regional offices of the Auxiliary Supervision Committee. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 47, subsection VII. Approve the method of calculating periodic fees for auxiliary supervision and those corresponding to deposit insurance. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 48, last paragraph. Order adjustments to the internal regulations of the Protection Fund, as well as object to the resolutions or determinations adopted by the social bodies of these.
Article 49, second paragraph. Request that the Protection Fund make clarifications to the information made available to the public.
Article 50. Exercise supervision of the Protection Fund and its respective committees, for which it shall have all the powers in matters of inspection and monitoring conferred by the Law of the National Banking and Securities Commission, as well as articles 62 and 64 of the Law to Regulate the Activities of Savings and Loan Cooperative Societies.
Article 51, first paragraph. Provide an opinion regarding the managers of the regional offices to be established by agreement of the Technical Committee for the integration of the Auxiliary Supervision Committee. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 51, fifth paragraph. Provide an opinion regarding the removal of members of the Auxiliary Supervision Committee, as well as the members of the regional offices. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 53, subsection II, second paragraph. Request that the Technical Committee present the report referred to in the previous paragraph of that article, in advance of the conclusion of the said quarter.
Article 55, subsection I, last paragraph. Lift the corrective measures imposed on the savings and loan cooperative society, including those referred to in article 79 of that Law, once the payment of the support provided has been covered.
Article 56, subsection III. Authorize the extraordinary fees determined by the Technical Committee, to be borne by savings and loan cooperative societies with operation levels I to IV. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 58, subsection I. Authorize the amount of extraordinary contributions that the Technical Committee determines for this purpose. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 62, first paragraph. Exercise supervision of savings and loan cooperative societies with operation levels I to IV and the Protection Fund, subject to what is provided in that Law, in the Law of the National Banking and Securities Commission, and in the supervision regulation issued under the latter Law.
Article 62, second, penultimate, and last paragraphs. Conduct visits to savings and loan cooperative societies with operation levels I to IV, as well as to the Protection Fund and its Technical Committee, Auxiliary Supervision Committee, and Cooperative Savings Protection Committee, to review, verify, check, and evaluate activities, operations, organization, functioning, processes, internal control systems, risk management and information systems, as well as equity, capital adequacy to risks, asset quality, and in general, everything that could affect the financial, economic, accounting, administrative, and legal position, which is or should be recorded in records, in order for societies and the said fund to comply with the provisions governing them and sound practices in the matter, as appropriate. Likewise, it may request information and documentation it requires to be able to fulfill its monitoring function, as well as formulate observations and order the adoption of measures aimed at correcting irregular facts, acts, or omissions detected during these functions, in terms of that Law.
Article 65, first paragraph. Order savings and loan cooperative societies with operation levels I to IV, when presuming the existence of omissions or administrative faults, to convene sessions of the Board of Directors or the General Assembly of Partners, as well as to include within the corresponding agenda the matters indicated in the said article.
Article 67, third paragraph. Veto the operations, products, or services referred to in this article when, in its opinion, they could have ruinous effects for savings and loan cooperative societies with operation levels I to IV, or significantly affect their solvency, liquidity, or stability.
Article 70, first paragraph. Request information from savings and loan cooperative societies, as well as from the Technical Committee, the Auxiliary Supervision Committee, and the Cooperative Savings Protection Committee for the adequate fulfillment of its supervision task. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 70, second paragraph. Request information and documentation from savings and loan cooperative societies with operation levels I to IV, as well as from the Technical Committee, the Auxiliary Supervision Committee, and the Cooperative Savings Protection Committee, as well as to establish the deadlines and means of submission.
Article 73, third paragraph. Notify the interested party, in writing and only once, to remedy the omission within a term that shall not be less than 10 business days.
Article 74. Extend the deadlines established in that Law, at the request of the interested party, provided that such extension does not exceed, in any case, half of the originally provided deadline in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 76. Classify savings and loan cooperative societies with operation levels I to IV into one of the 4 categories referred to in Article 77 of that Law, according to their adequacy to their Capitalization Levels.
Article 77, fraction III, subsection c), last paragraph. Extend the deadline for compliance with the capital restoration plan, considering the improvements observed in the savings and loan cooperative society and the reasons that justified the delay in compliance with the plan.
Article 78, second paragraph. Issue the respective call for meeting in the event that the savings and loan cooperative society in question refuses to convene the aforementioned assembly within the 15 days following the date on which the Commission notified the order referred to in the previous paragraph of that article.
Article 79. Order the savings and loan cooperative society to apply measures deemed necessary in terms of that article.
Article 84, first paragraph. Grant the right to be heard to savings and loan cooperative societies with operation levels I to IV for the purposes established in said article, as well as to hear the opinion of the Auxiliary Supervision Committee. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 84, fraction IV, second paragraph. Establish a term that shall not be less than 60 business days nor greater than 90 business days for the capital to be replenished in the necessary amount to maintain the operation of the savings and loan cooperative society within legal limits.
Article 108 Bis, first paragraph. Authorize the self-correction programs that savings and loan cooperative societies with operation levels I to IV submit for such effect, in the cases provided for in that article and in the applicable general provisions. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 108 Bis 1, penultimate paragraph. Order modifications or corrections to the self-correction programs that savings and loan cooperative societies with operation levels I to IV submit for the Commission's authorization, with the purpose that the program complies with what is established in that article and in the applicable general provisions, as well as to authorize the extensions referred to in the cited article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 108 Bis 2, second paragraph. Supervise, at any time, the degree of progress and compliance with the self-correction program.
Article 108 Bis 3. Authorize the self-correction programs presented to it by natural persons and other legal entities subject to the Commission's supervision when, in the course of their activities, they detect irregularities or non-compliance with what is provided in that Law and other applicable provisions, subject to what is provided by Articles 108 Bis to 108 Bis 2 of that Law, as applicable. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
III. General Law of Organizations and Auxiliary Credit Activities:
Article 5 Bis 1, third paragraph. Notify the interested party, in writing and only once, to remedy the omission within a term that shall not be less than ten business days.
Article 5 Bis 3. At the request of the interested party, extend the deadlines established in that Law, provided that such extension does not exceed in any case half of the originally provided deadline in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 56, first paragraph. Inspect and monitor regulated multiple-object financial societies, having, insofar as it does not conflict with that Law, with respect to said regulated multiple-object financial societies, all the powers that the Credit Institutions Law confers in matters of inspection and monitoring for multiple-banking institutions, which shall be carried out subject to what is provided in the Law of the National Banking and Securities Commission, in the respective Regulation, and in other applicable provisions.
Article 87-B, fourth paragraph. Conduct the supervision of regulated multiple-object financial societies, in terms of that Law.
Article 87-B, eighth paragraph. Request information and documentation from regulated multiple-object financial societies, as well as to establish submission deadlines.
Article 87-B Bis, first paragraph. Require regulated multiple-object financial societies to provide information regarding persons who have directly or indirectly acquired more than five percent of the shares representing their social capital, as well as those who hold the positions of councilor and general manager, in the manner and subject to the conditions established by the Commission itself through general provisions.
Article 87-K, third paragraph, subsection b). Provide an opinion to the National Commission for the Protection and Defense of Financial Services Users, regarding those regulated multiple-object financial societies that repeatedly fail to comply with the provisions referred to in Article 87-D of that Law, for the purposes indicated in that paragraph. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 87-K, fifth paragraph. Provide an opinion to the National Commission for the Protection and Defense of Financial Services Users, for it to resolve the cancellation of the registration of a regulated multiple-object financial society that maintains patrimonial links with a savings and loan cooperative society with operation level I to IV. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 87-O, third paragraph. Request information from guild associations of regulated multiple-object financial societies, regarding the registration of corrective and disciplinary measures they apply to their members.
Article 94 Bis 4. Authorize the self-correction programs presented to it by natural persons and other legal entities subject to the Commission's supervision when, in the course of their activities, they detect irregularities or non-compliance with what is provided in that Law and other applicable provisions, subject to what is provided by Articles 94 Bis 1 to 94 Bis 3 of that Law, as applicable. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
IV. Law to Regulate Credit Information Societies:
V. Law for the Protection and Defense of Users of Financial Services:
VI. Law on Transparency and Promotion of Competition in Secured Credit:
(4) The head of the General Directorate of Supervision of Savings and Loan Cooperatives A shall be assisted and aided in the processing and resolution of matters within its competence by the Coordinators of Savings and Loan Cooperatives A 1 and A 2. Without prejudice to the foregoing, the aforementioned public servants shall have delegated the attributes corresponding to the head of the General Directorate to which they are attached and within the scope of their competence, in which case they must observe what is provided in Title Four of the Internal Regulations of the National Banking and Securities Commission in all that is applicable.
(4) The head of the General Directorate of Supervision of Savings and Loan Cooperatives B shall be assisted and aided in the processing and resolution of matters within its competence by the Coordinators of Savings and Loan Cooperatives B 1, B 2, and B 3. Without prejudice to the foregoing, the aforementioned public servant shall have delegated the attributes corresponding to the head of the General Directorate to which he is attached and within the scope of his competence, in which case he must observe what is provided in Title Four of the Internal Regulations of the National Banking and Securities Commission in all that is applicable.
(1) Article 16.- The General Director of Supervision of Entities and Stock Intermediaries shall have delegated the powers contained in the following legal instruments:
(1) I. Law of the National Banking and Securities Commission:
(1) 1) Article 4, fraction I. Conduct the supervision of stock exchanges and derivative contracts; central securities counterparties; securities clearing house; securities depository institutions; securities rating agencies; brokerage houses, whether or not they have the status of subsidiaries; representation offices of foreign brokerage houses referred to in the Securities Market Law; price providers; societies that administer systems to facilitate securities transactions and those that implement over-the-counter trading systems; self-regulatory organizations of the securities market; investment advisors whose shareholders, partners, members of the board of directors, executives, agents, or employees participate in the capital or in the administrative bodies or have a relationship of dependence with brokerage houses or with securities rating agencies in accordance with the Securities Market Law; companies that provide complementary or auxiliary services in the administration of brokerage houses, as well as of the real estate societies of these.
(1) Likewise, to conduct the supervision of entities that carry out securities intermediation activities with the general public, the processes of sale and administration of investments, the activity of distribution of investment fund shares, as well as the activities of securities portfolio management, providing advice and promotion, supervision, and, if applicable, decision-making on behalf and for the account of third parties regarding securities, in accordance with the Securities Market Law and the Investment Funds Law.
(1) Likewise, it will conduct the supervision of other natural or legal persons who, without being entities, carry out activities provided for in the Securities Market Law, or are hired by entities to provide services in accordance with said Law, and in both cases are subject to the Commission's supervision.
(1) It will also conduct the supervision of the entities and natural and legal persons referred to in the previous paragraphs, subject to the Commission's supervision, regarding the discretionary and non-discretionary risks to which they are exposed, in accordance with the prudential provisions issued by the Commission.
(1) 2) Article 4, fraction VII. Issue the necessary measures so that the entities and other subjects mentioned in the previous subsection adjust their activities and operations to the laws applicable to them, to the general provisions derived from them, to commercial and stock market usages, and to the sound practices of financial markets.
(1) 3) Article 4, fraction XXXIV. Authorize and monitor clearing systems, centralized information systems, securities rating, and other mechanisms aimed at facilitating operations or perfecting the securities market, within the scope of its competence.
(1) 4) Article 16, penultimate paragraph. Notify the agreements of the Board of Directors regarding the entities and other subjects referred to in subsection 1) of this fraction.
(1) 5) Article 19. Specify the form and terms in which entities are obligated to provide the Commission with data, reports, records, minute books, auxiliary documents, correspondence, and in general, the information deemed necessary, regarding the entities and subjects indicated in subsection 1) of this fraction.
(1) II. Securities Market Law:
(1) 1) Article 115, last paragraph. Approve the bylaws of brokerage houses, as well as their modifications, except in the case of capital increases. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1) 2) Article 116, last paragraph. Deny the partial or total start of operations of a brokerage house, when compliance with what is provided in that article is not accredited. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1) 3) Article 117, third paragraph. Authorize the issuance of "L" series shares of brokerage houses up to an amount equivalent to forty percent of the ordinary social capital. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1) 4) Article 119, fraction II. Authorize a person or group of persons to acquire five percent or more of the ordinary part of the social capital of brokerage houses, provided that this does not represent an equivalent or greater percentage than thirty percent or control. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1) 5) Article 130, last paragraph. Require brokerage houses, hearing the opinion of the Bank of Mexico, additional capitalization requirements to those indicated in Article 173 of that Law when brokerage houses fail to comply with what relates to their remuneration system.
(1) 6) Article 134, last paragraph. Authorize the transmission of active or passive operations of a brokerage house to the split-off society due to the spin-off. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1) 7) Article 135, seventh paragraph. Notify in writing to brokerage houses the corrective measures they must observe in terms of that Section, as well as verify compliance in accordance with what is provided in this instrument, defining in the same notification the terms and deadlines for compliance with the corrective measures referred to in that article and the following Article 136.
(1) 8) Article 136, fraction I. Order the application of the minimum corrective measures indicated in said fraction that correspond to the category in which the brokerage house in question is located, when brokerage houses do not comply with the capitalization index or its components established in accordance with what is provided in Article 173 of that Law and in the provisions emanating from that provision.
(1) 9) Article 136, fraction I, subsection b), last paragraph. Follow up and verify compliance with the capital restoration plan, without prejudice to the applicability of other corrective measures depending on the category in which the brokerage house in question is classified.
(1) 10) Article 136, fraction II. Order the application of the minimum corrective measures established in said fraction, when a brokerage house complies with the minimum capitalization index required and its components in accordance with Article 173 of that Law and the provisions emanating from it.
(1) 11) Article 136, fraction III. Order the applicable brokerage houses to apply the additional special corrective measures established in said fraction, independent of the minimum corrective measures applied in accordance with fractions I and II of the cited article.
(1) 12) Article 136, fraction IV. Order brokerage houses to apply the minimum corrective measures indicated in said fraction, when they do not comply with the capital supplements established in accordance with what is provided in Article 173 of that Law and in the provisions emanating from that provision.
(1) 13) Article 137, first and third paragraphs. Order the partial suspension of activities, as well as order brokerage houses to adopt the necessary measures to correct the causes that gave rise to the partial suspension of activities and those that are necessary to preserve the integrity of the market or protect the assets of the clients of the brokerage houses.
(1) 14) Article 138, first paragraph. Suspend or limit partially the activities of a brokerage house, prior to the right to be heard, when it falls under any of the scenarios indicated in that article.
(1) 15) Article 140, fraction I. Issue the necessary measures so that the irregular operations of a brokerage house are put in good order, indicating a deadline for them to be carried out, as well as, if applicable, for the actions that proceed in terms of the laws to be exercised.
(1) 16) Article 152. Supervise intervened brokerage houses.
(1) 17) Article 153, first paragraph. Grant the right to be heard to brokerage houses for the purposes established in said article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1) 18) Article 153, fraction V. Establish a term that shall not be less than fifteen business days for the capital to be replenished in the necessary amount to maintain the operation of the brokerage houses within legal limits.
(1) 19) Article 159, last paragraph. Inspect and monitor the functioning of the representation offices of foreign brokerage houses, for which it may carry out the acts referred to in Article 354 of that Law.
(1) 20) Article 173, antepenultimate paragraph. Grant the right to be heard to brokerage houses for the purposes established in said paragraph. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1) 21) Article 182. Indicate the institutions in which brokerage houses may keep deposited the securities they acquire on their own account or for third parties, other than securities depository institutions, regarding securities that by their nature cannot be deposited in the latter.
(1) 22) Article 192, first and last paragraphs. Request from brokerage houses all kinds of information and documentation related to the operations they celebrate and services they provide, or, in order to attend requests from foreign financial authorities, in accordance with what is established in Article 358 of that Law.
(1) 23) Article 208. Require the immediate delivery of the information referred to in that article.
(1) 24) Article 209, first paragraph. Authorize brokerage houses to use means other than those indicated in that article, to conserve the information contained in their books, records, and documents in general that these entities are obligated to keep in accordance with the laws and general provisions issued by the Commission. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1) 25) Article 210, second paragraph. Order that the financial statements of brokerage houses be disseminated with the pertinent modifications when they contain errors or alterations, as well as to set deadlines for such effect.
(1) 26) Article 214, second paragraph. Inspect and monitor the companies and societies referred to in the first paragraph of that article, for which it may carry out the acts referred to in Article 354 of that Law.
(1) 27) Article 215, first and third paragraphs. Authorize brokerage houses to invest, directly or indirectly, in securities representing the social capital of foreign financial entities, as well as in the capital of investment funds, fund operating societies, retirement fund administrators, and specialized investment societies for retirement funds, in the terms of the applicable legislation and, when they do not form part of financial groups, in those of credit auxiliary organizations and exchange houses. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1) 28) Article 217, second paragraph. Oppose the closure of brokerage house offices, in the event that the satisfactory realization of measures adopted to ensure the continuity of services to the clientele is not presented and until it is accredited.
(1) 29) Article 219, first paragraph. Authorize brokerage houses to contract with third parties the provision of services for the carrying out of activities that, in accordance with that Law, they may carry out. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)30) Article 221, last paragraph. Request information, including books, records, and documents, from third parties that provide the services referred to in Article 219 of that Law, as well as to carry out inspection visits and decree the measures deemed necessary to ensure the continuity of the services that brokerage houses provide to their clients, the integrity of the information, and compliance with what is established in that Law.
(1)31) Article 225, last paragraph. Supervise, in terms of the first paragraph of Article 350 of that Law, investment advisors whose shareholders, partners, members of the board of directors, executives, agents, or employees participate in the capital or in the administrative bodies or have an employment relationship with brokerage houses or securities rating agencies.
(1) 32) Article 227 Bis, first paragraph. Grant the right to be heard to investment advisors whose shareholders, partners, members of the board of directors, executives, agents, or employees participate in the capital or in the administrative bodies or have an employment relationship with brokerage houses or securities rating agencies, for the purposes established in said article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)33) Article 234, first paragraph. Provide an opinion to the Ministry of Finance and Public Credit for the purpose of granting the concession to organize and operate securities exchanges. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)34) Article 236, last paragraph. Deny the partial or total start of operations of a securities exchange when compliance with what is provided in that article is not accredited. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)35) Article 247, last paragraph. Authorize the internal regulations and their modifications of securities exchanges, as well as formulate observations and modifications when it is considered that the regulation does not adjust to what is established in that Law or to sound market usages and practices. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)36) Article 249, first paragraph. Authorize the tariffs that securities exchanges charge for services related to the listing and maintenance of securities and operations in the market, as well as formulate observations and order modifications during the authorization procedure. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)37) Article 250, last paragraph. Inspect and monitor the societies referred to in that article, when securities exchanges maintain control over said societies, for which it may carry out the acts referred to in Article 354 of that Law.
(1)38) Article 251. Authorize securities exchanges to invest, directly or indirectly, in securities representing the share capital of national or foreign entities of the same type or that perform functions equivalent to those of value depository institutions or central counterparties of values. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)39) Article 252 Bis, first paragraph. Authorize securities exchanges to enter into the agreements referred to in fraction X of Article 244 of that Law. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)40) Article 254, last paragraph. Object to the modifications made by the societies that administer systems to facilitate operations with values to the information indicated in that article, within twenty business days following the date on which the corresponding notice is received, when the modifications do not adjust or contravene what is established in this legal instrument and other applicable provisions. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)41) Article 268, first paragraph. Propose or provide an opinion to the Ministry of Finance and Public Credit for the purpose of revoking the concession to operate securities exchanges, when any of the circumstances referred to in Article 269 of that Law occur. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)42) Article 272, first paragraph. Provide an opinion to the Ministry of Finance and Public Credit for the purpose of granting a concession to organize and operate value depository institutions. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)43) Article 279, first paragraph, in relation to Article 210, second paragraph. Order that the financial statements of value depository institutions be disseminated with the pertinent modifications when they contain errors or alterations, as well as set deadlines for such effect.
(1)44) Article 281, first paragraph. Provide an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing value depository institutions to invest in the share capital of national or foreign societies that provide complementary or auxiliary services to their object, as well as of central counterparties of values. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)45) Article 281, last paragraph. Inspect and monitor national or foreign societies that provide complementary or auxiliary services to value depository institutions, when these maintain control over said legal entities, for which it may carry out the acts referred to in Article 354 of that Law.
(1)46) Article 294, last paragraph. Authorize the internal regulations and their modifications of value depository institutions, as well as formulate observations and modifications when it is considered that the regulation does not adjust to what is established in that Law or to sound market usages and practices. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)47) Article 295, last paragraph. Request from value depository institutions all kinds of information and documentation related to the operations they carry out and services they provide, or, in order to attend to requests from foreign financial authorities, in accordance with what is established in Article 358 of that Law.
(1)48) Article 297. Authorize the tariffs that value depository institutions charge for their services, as well as formulate observations and order modifications. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)49) Article 298. Propose or provide an opinion to the Ministry of Finance and Public Credit for the purpose of revoking the concession to operate value depository institutions. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)50) Article 301, second paragraph. Provide an opinion to the Ministry of Finance and Public Credit, for the purpose of granting the concession to organize and operate as central counterparties of values. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)51) Article 307, fraction I, subsection b). Provide an opinion to the Ministry of Finance and Public Credit, for the purpose of authorizing central counterparties of values to constitute themselves as reciprocal debtors and creditors in operations other than those indicated in that fraction. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)52) Article 315, last paragraph. Authorize the internal regulations and their modifications of central counterparties of values, as well as formulate observations and modifications when it is considered that the regulation does not adjust to what is established in that Law or to sound market usages and practices. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)53) Article 316, fractions I and II. Supervise, with respect to central counterparties of values, the functioning of risk management procedures, the sufficiency of resources to meet obligations, compliance with operational, prudential, and self-regulatory norms, as well as the application of disciplinary measures in case of non-compliance. Likewise, order modifications to risk management procedures and to the way of applying resources to meet obligations.
(1)54) Article 317. Authorize the tariffs that central counterparties of values charge for their services, as well as formulate observations and order modifications during the authorization procedure. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)55) Article 319. Propose or provide an opinion to the Ministry of Finance and Public Credit for the purpose of revoking the concession to operate central counterparties of values. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1) 56) Article 324, last paragraph. Object to the modifications made by price providers to the documentation indicated in that article, within twenty business days following the date on which the corresponding notice is received, when the modifications do not adjust or contravene what is established in this legal instrument and other applicable provisions. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1) 57) Article 332, first paragraph. Grant the right to be heard to price providers for the purposes established in said article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)58) Article 335, last paragraph. Object to the modifications made by securities rating agencies to the documentation indicated in that article, within twenty business days following the date on which the corresponding notice is received, when the modifications do not adjust or contravene what is established in this legal instrument and other applicable provisions. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)59) Article 340. Grant the right to be heard to securities rating agencies for the purposes established in said article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1) 60) Article 350, first paragraph. Supervise, within its scope of competence, the intermediaries of the securities market, investment advisors, self-regulatory organizations, securities exchanges, societies that administer systems to facilitate operations with values, value depository institutions, central counterparties of values, securities rating agencies, and price providers, for which it may exercise the acts contemplated in the aforementioned article.
(1)61) Article 352, first paragraph, fractions I, II, and III. Inspect and monitor the legal entities that provide external audit services in terms of that Law, including the partners or employees thereof that are part of the audit team, and within its scope of competence, for which it may request all kinds of information and documentation; carry out inspection visits, as well as require the appearance of partners, representatives, and other employees of the legal entities that provide external audit services. The exercise of the powers referred to in that article shall be limited to the opinions, opinions, and audit practices that, in terms of that Law, are practiced by the legal entities that provide external audit services. The power referred to in fraction III of this numeral shall be exercised jointly with the General Directorate of Crimes and Sanctions.
(1)62) Article 353. Inspect and monitor lawyers who issue opinions required by the Securities Market Law, for which it may request all kinds of information and documentation; carry out inspection visits, as well as require the appearance of the lawyer and other employees thereof who participate in the preparation of the legal opinions issued in compliance with what is established in that Law. The exercise of the powers referred to in that article shall be limited to the opinions that, in terms of said Law, are issued by lawyers. Regarding the appearances referred to in this numeral, it shall be exercised in coordination with the General Directorate of Crimes and Sanctions.
(1)63) Article 354. In the exercise of its inspection and monitoring powers, request all kinds of information and documentation and carry out inspection visits.
(1)64) Article 360, first and second paragraphs. Indicate the form and terms in which financial entities and other natural or legal persons to whom it requests information and documentation must comply with its requirements, as well as to enforce its determinations, use indistinctly the means of coercion indicated in fractions I to V of the cited article.
(1)65) Article 365, fraction V. Authorize the operations to which the term established in the first paragraph of that article will not be applicable. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)66) Article 395 Bis, first paragraph. Authorize the self-correction programs that financial entities submit for such effect, in the cases provided for in that article and in the general provisions applicable. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)67) Article 395 Bis 1, penultimate paragraph. Order modifications or corrections to the self-correction programs, with the purpose that the program adheres to what is established in this article and the general provisions applicable, as well as authorize the extensions referred to in that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)68) Article 395 Bis 2, second paragraph. Supervise, at any time, the degree of progress and compliance of the self-correction program.
(1)69) Article 395 Bis 3. Authorize the self-correction programs presented to it by natural persons and other legal entities subject to the supervision of the Commission when, in the performance of their activities, they detect irregularities or non-compliance with what is provided in that Law and other applicable provisions, subject to what is provided by Articles 395 Bis to 395 Bis 2 of that Law, as applicable. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)70) Article 415, second paragraph. Authorize self-regulatory organizations or professional associations of the entities indicated in that article to use reserved expressions, provided that they do not carry out the activities that are proper to the referred entities. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)71) Article 417, last paragraph. Require from financial entities subject to its supervision, at any time, the information referred to in the cited provision and with the autograph signature of those who must subscribe it.
(1)72) Article 419, third paragraph. Warn the interested party, in writing and only once, to remedy the omission within a term that cannot be less than ten business days.
(1)73) Article 421. Extend the terms established in that Law, at the request of the interested party, provided that such extension does not exceed in any case half of the term originally provided in the applicable provisions, when the matter so requires and they do not have knowledge that it prejudices third parties in their rights.
(1) III. Law to Regulate Credit Information Societies:
(1)1) Article 30, penultimate paragraph. Request from financial entities whose supervision corresponds to it, the exhibition of the authorizations of the clients with respect to whom it has requested information from credit information societies.
(1) IV. Law for the Protection and Defense of the User of Financial Services:
(1)1) Article 92 Bis. Carry out the inspection of the Financial Institutions referred to in said law, to verify compliance with norms whose supervision is expressly conferred to the National Commission for the Protection and Defense of Users of Financial Services, at the request of the latter, within its scope of competence.
(4) The head of the General Directorate of Supervision of Brokerage Entities and Intermediaries shall be assisted and aided in the processing and resolution of matters within its competence by the Coordinators of Supervision of Brokerage Entities and Brokerage Intermediaries A, B, and C. Without prejudice to the foregoing, the aforementioned public servants shall have delegated the attributes corresponding to the head of the General Directorate to which they are attached and within the scope of their competence, in which case they must observe what is provided in Title Four of the Internal Regulations of the National Banking and Securities Commission in all that is applicable.
(4) Article 17.- The General Director of Investment Administration shall have delegated the powers contained in the following legal instruments:
(1) I. Law of the National Banking and Securities Commission:
(1)1) Article 4, fraction I. Carry out the supervision of investment funds; societies distributing shares of investment funds, whether or not they have the status of subsidiaries; societies valuing shares of investment funds; societies operating investment funds, whether or not they have the status of subsidiaries; investment advisors whose shareholders, partners, members of the
board of directors, executives, agents, or employees participate in the capital or in the administrative bodies or have an employment relationship with societies that distribute shares of investment funds or societies that operate investment funds in accordance with the Securities Market Law; as well as other natural or legal persons that, without being entities, carry out activities foreseen in the Investment Funds Law, or that are contracted by the entities to provide services in accordance with the aforementioned law, and in both cases are subject to the supervision of the Commission.
(1) Likewise, it shall carry out the supervision of the entities referred to in the preceding paragraph, subject to the supervision of the Commission, regarding the discretionary and non-discretionary risks to which they are exposed, in accordance with the prudential provisions issued by the Commission.
(1) Likewise, to carry out the supervision of entities that carry out securities intermediation activities with the general public, the processes of sale and administration of investments, the activity of distributing shares of investment funds, as well as the activities of managing securities portfolios, providing advice and promotion, supervision and, where applicable, decision-making on behalf and for the account of third parties regarding securities, in accordance with the Investment Funds Law.
(1)2) Article 4, fraction VII. Issue the necessary measures so that the entities and other subjects mentioned in the previous subsection adjust their activities and operations to the laws applicable to them, to the general provisions derived from them, to commercial and stock market usages, and to the sound practices of financial markets.
(1)3) Article 16, penultimate paragraph. Notify the agreements of the Board of Directors regarding the entities and other subjects referred to in subsection 1) of this fraction.
(1)4) Article 16, fraction XVI. Authorize the organization and functioning of investment societies. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)5) Article 19. Specify the form and terms in which the entities shall be obliged to provide to the Commission the data, reports, records, minute books, auxiliary records, documents, correspondence, and in general, the information deemed necessary, regarding the entities and subjects indicated in subsection 1) of this fraction.
(1) II. Investment Funds Law:
(1)1) Article 5 Bis, second paragraph. Authorize investment fund associations and other persons to use the expressions indicated in that article, provided that they do not carry out operations typical of investment funds or operators, distributors, and appraisers indicated. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)2) Article 6, second paragraph. Supervise, regulate, and sanction investment funds, observing what is provided in that Law and other applicable provisions.
(1)3) Article 8, first paragraph. Authorize the organization and functioning of investment funds. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)4) Article 8, third paragraph, fraction V. Require additional documentation and information to authorize the organization and functioning of investment funds.
(1)5) Article 8 Bis, third paragraph. Approve the constitutive act signed by the founding partner of the investment fund, prior to obtaining the authorization referred to in article 8 of that Law. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)6) Article 8 Bis, last paragraph. Approve modifications to the bylaws of investment funds. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)7) Article 9, first paragraph. Authorize the prospectuses for information to public investors of investment funds, as well as their modifications.
(1)8) Article 9, fraction VII, third paragraph. Authorize investment funds that modify the dates for the repurchase of their shares, without the need to modify their prospectus for information to public investors, when there are disordered market conditions. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)9) Article 14 Bis, last paragraph. Authorize that the shares of investment funds be paid in kind, considering the liquidity of the assets in kind, the type and modality of the investment fund in question. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)
10) Article 14 Bis 1, first paragraph. Authorize the transfer of ownership or encumbrance as collateral or trust, of the shares that represent the fixed capital of investment funds. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)11) Article 14 Bis 4, first paragraph. Authorize the merger or spin-off of investment funds. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
(1)12) Article 14 Bis 5, fraction V. Require additional documentation and information related to the merger of investment funds.
(1)13) Article 14 Bis 6, fraction VII. Require additional documentation and information related to the spin-off of investment funds.
(1)14) Article 14 Bis 8, fraction IV. Require additional documentation and information related to the spin-off of investment funds carried out in accordance with the provisions of that article and article 14 Bis 7, both of the Investment Funds Law.
(1)15) Article 14 Bis 8, penultimate paragraph. Order modifications to the terms and conditions under which the spin-off of the investment fund in question was agreed, when these are contrary to the interests of investors. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1) 16) Article 28, fraction VII. Request information from promoted companies.
(1)17) Article 28, second paragraph. Object to the terms and conditions of promotion contracts and order that the modifications deemed pertinent be made, in case they do not meet the minimum requirements established in this provision. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)18) Article 28, last paragraph. Conduct inspection visits to promoted companies, limiting the exercise of this power to what is provided in the promotion contracts.
(1)19) Article 33, fourth paragraph. Give a favorable opinion regarding the draft constitutive deed attached to the authorization requests for the organization and functioning of societies that operate investment funds, societies that distribute shares of investment funds, or appraisers of shares of investment funds, as well as approve the public instrument in which the constitutive deed of the society is recorded in terms of that Law. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)20) Article 34, fraction VIII. Require additional documentation and information for the purpose of authorizing the constitution of societies that operate investment funds, societies that distribute shares of investment funds, or appraisers of shares of investment funds.
(1)21) Article 34, antepenultimate paragraph. Verify that the application referred to in that article complies with what is provided in that Law, for which it shall have the power to corroborate the veracity of the information provided, and in that virtue, the departments and entities of the Federal Public Administration, as well as other federal instances, shall deliver the related information. Likewise, it may request foreign bodies with similar supervision or regulatory functions to corroborate the information provided for this purpose.
(1)22) Article 34 Bis 5, penultimate and last paragraphs. Conduct the inspection visits deemed necessary to verify compliance with the requirements referred to in that article; likewise, it may deny the start of operations when compliance with what is provided in that article is not accredited. In the latter case, this power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)23) Article 36, first paragraph. Approve modifications to the bylaws of the societies referred to in article 33 of that Law. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)24) Article 37, first paragraph. Authorize the acquisition, encumbrance as collateral or in trust, of the shares of societies that operate investment funds, as well as of the distributors and appraisers of shares of investment funds. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)25) Article 37, last paragraph. Authorize credit institutions and brokerage houses to participate in the social capital of societies that operate or societies that distribute shares of investment funds. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)26) Article 39 Bis, fraction IV. Authorize societies that operate investment funds to provide, in addition to the provision of asset management services, the services of appraising shares of investment funds, in accordance with that legislation, and subject to the general provisions issued for this purpose. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)27) Article 39 Bis, fraction VII. Authorize societies that operate investment funds to carry out analogous, related, or complementary activities, in addition to the provision of asset management services. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)28) Article 39 Bis 5. Require the immediate delivery of the information and documentation referred to in that article.
(1)29) Article 40, fourth paragraph. Authorize the creation of electronic negotiation mechanisms for shares of investment funds, through which the purchase and sale operations of shares of investment funds are celebrated and perfected, ensuring that the creation and operation of said mechanisms always comply with that Law and the general provisions issued by the Commission. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)30) Article 40, fifth paragraph. Supervise credit institutions, brokerage houses, insurance companies, credit auxiliary organizations, credit unions, popular financial societies, regulated multiple-objective financial societies, and exchange houses, that directly provide investment funds with distribution services for shares.
(1)31) Article 44, fourth paragraph. Authorize methods for valuing the prices of shares of investment funds, regarding assets that by their very nature cannot be valued by the price providers of said societies. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)32) Article 47. Request from societies that appraise shares of investment funds, the reports regarding the valuation of the shares representing the social capital of investment funds.
(1)33) Article 56 Bis, last paragraph. Order, prior to the right to be heard granted to a society that operates an investment fund, the partial or total, temporary or definitive, suspension of the provision of services or commissions through the investment fund operator when the provisions mentioned in that article are not complied with, or the operational continuity of the society that operates the investment fund may be affected, or in protection of the interests of public investors, unless the Commission itself approves a regularization program that meets the requirements established in the general provisions issued for this purpose. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence. Regarding the right to be heard, this power shall be exercised jointly with the General Litigation Directorate.
(1)34) Article 57. Authorize a person to provide one or more of the services referred to in article 56 Bis 1 of that Law, provided that they are compatible with each other. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)35) Article 69, first paragraph. Authorize the alienation of the shares representing the social capital of societies that operate investment funds or distributors of shares of investment funds. Subsidiaries. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)36) Article 70, first paragraph. Authorize foreign financial institutions or controlling subsidiary societies to acquire shares representing the social capital of a society that operates an investment fund or a distributor of shares of investment funds, provided that the requirements indicated in that article are met. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)37) Article 75. Exercise, with respect to subsidiaries, all powers attributed to it by that Law in relation to societies that operate investment funds and distributors of shares of investment funds.
(1)38) Article 77, second paragraph. Order the societies referred to in that article to disseminate the financial statements with the pertinent modifications when they contain errors or alterations and within the timeframes established for this purpose. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)39) Article 80, first paragraph. Request information and documents from investment funds, from the persons who provide them services in accordance with what is indicated in article 32 of that Law, as well as from insurance companies, regarding the activities these carry out in matters of distribution of shares of investment funds, establishing the timeframes, conditions, and other characteristics that the Commission establishes, to comply with its supervision powers, within the scope of applicable provisions.
(1)40) Article 80, fraction II. Review the financial statements of investment funds, operating societies, distributing societies, and appraising societies, as well as, where applicable, order their dissemination in accordance with article 77, second paragraph of that Law, through publication. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)41) Article 80, fraction IV. Conduct home visits to the persons referred to in said article with the object of reviewing, verifying, checking, and evaluating the operations, organization, functioning, processes, internal control systems, risk management and information systems, as well as the equity, the adequacy of capital to risks, the quality of assets, and in general, everything that could affect the financial and legal position, which is recorded or should be recorded in the records, in order for said persons to comply with the provisions governing them and the sound practices in the matter.
(1)42) Article 80, fraction VI. Order the partial suspension or normalization of activities of investment funds, societies that operate investment funds, societies that distribute shares of investment funds, and societies that appraise shares of investment funds, as well as the activities that in accordance with that Law are carried out by credit institutions, brokerage houses, insurance companies, credit auxiliary organizations, and exchange houses.
(1)43) Article 80, fraction VII, third paragraph. Order, prior to the right to be heard of the interested party, the suspension or rectification of the advertising or information that in its opinion is contrary to what is provided in that article. Regarding the right to be heard, this power shall be exercised with the General Litigation Directorate.
(1)44) Article 80, fraction X. Monitor the due compliance of what is established by each investment fund in its prospectuses for information to public investors.
(1)45) Article 80, fraction XI. Authorize the prospectuses for information to public investors issued by investment funds and their modifications.
(1)46) Article 80, fraction XII. Order the temporary suspension of the placement of shares representing the capital of investment funds under disordered market conditions or, where applicable, temporary or definitive, due to the celebration of operations not in accordance with sound uses or market practices or when, in its opinion, the composition of the investment assets constituting its equity so warrants.
(1)47) Article 80, fraction XIII. Formulate the observations or objections deemed convenient to the interests of public investors, regarding the valuation of the shares representing the social capital of investment funds.
(1)48) Article 80, fraction XIV. Suspend the valuation service with respect to any investment fund, when in its opinion there is a conflict of interest between it and the appraising society or the committee that provides such service. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)49) Article 80, penultimate paragraph. Formulate observations and, where appropriate, order the adoption of measures aimed at correcting the irregular facts, acts, or omissions detected in the exercise of its supervisory powers, in accordance with that Law.
(1)50) Article 80 Bis 1, first paragraph, fractions I to III. Have inspection and surveillance powers regarding legal entities that provide external audit services in accordance with that Law, including partners or employees thereof who are part of the audit team, being able to require any kind of information and documentation; conduct inspection visits; and require the appearance of partners, representatives, and other employees of the legal entities providing external audit services, in order to verify compliance with that Law and the observance of general provisions emanating from it. The exercise of the powers referred to in that article shall be limited to the audit opinions, opinions, and practices that, in accordance with that Law, are carried out by the legal entities providing external audit services, as well as their partners or employees. Regarding the appearances referred to in this numeral, such power shall be exercised jointly with the General Directorate of Crimes and Sanctions.
(1)51) Article 81, first and second paragraphs. Investigate, in the administrative sphere, acts or facts that presumably constitute or may come to constitute an infringement of what is provided in that Law or in the general provisions derived from it, or to verify compliance with said Law and other general provisions emanating from it, in the terms contemplated in the article itself. To this effect, it may exercise the acts contemplated in the referenced article, within the scope of its competence.
(1)52) Article 81 Bis, first and second paragraphs. Establish the manner and terms in which the persons to whom it requests information must comply with its requirements, as well as to enforce its determinations by employing indistinctly the means of coercion indicated in fractions I to IV of the cited article.
(1)53) Article 81 Bis 2, fraction VI. Require additional documentation and information related to the merger of operating societies of investment funds, societies distributing shares of investment funds, and appraisers of shares of investment funds, or of any society or financial entity with operating societies of investment funds, societies distributing shares of investment funds, and appraisers of shares of investment funds, as referred to in Article 81 Bis 1 of that Law.
(1)54) Article 81 Bis 3, fraction VIII. Require additional documentation and information related to the spin-off of operating societies of investment funds, societies distributing shares of investment funds, and appraisers of shares of investment funds, or of any society or financial entity with operating societies of investment funds, societies distributing shares of investment funds, and appraisers of shares of investment funds, as referred to in Article 81 Bis 1 of that Law.
(1)55) Article 82, first paragraph. Revoke the authorization of investment funds, prior to the right to be heard, in the cases provided for in that article. Such power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)56) Article 82, fraction I. Extend the deadline established for the start of operations of investment funds. Such power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)57) Article 82, fraction II. Set the deadline for investment funds operating with capital below the legal minimum to reconstitute it. Such power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)58) Article 83, first paragraph. Grant the right to be heard, prior to the revocation of the authorization of the societies referred to in Article 33 of that Law. Such power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)59) Article 83, fraction VII. Extend the deadlines provided for in that fraction, on a single occasion and when there is a justified reason. Such power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)60) Article 86, fraction III. Order the reduction of the capital necessary to amortize said shares at the valuation price in effect on the payment date and the procedure for its payment. Such power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)61) Article 86 Bis 3, first paragraph. Authorize the self-correction programs that investment funds or persons providing the services referred to in fractions I to VI of Article 32 of that Law submit for such effect, in the cases provided for in that article and in the applicable general provisions, within the scope of its competence. Such power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)62) Article 86 Bis 4, penultimate paragraph. Order modifications or corrections to the self-correction programs, with the purpose that the program adheres to what is established in this article and in the applicable general provisions, as well as authorize the extensions referred to in that article. Such power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)63) Article 86 Bis 5, second paragraph. Supervise at any time, the degree of progress and compliance with the self-correction program.
(1 64) Article 86 Bis 6. Authorize the self-correction programs presented to it by natural persons and other legal entities subject to the supervision of the Commission when, in the course of their activities, they detect irregularities or non-compliance with what is provided in that Law and other applicable provisions, subject to what is provided for in Articles 86 Bis 3 to 86 Bis 5 of that Law, as applicable. Such power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)65) Article 94, third paragraph. Warn the interested party, in writing and only once, to remedy the omission within a term that cannot be less than ten business days.
(1)66) Article 96. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding in any case half of the deadline originally provided for in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
(1) III. Securities Market Law:
(1)1) Article 225, last paragraph. Supervise, in terms of the first paragraph of Article 350 of that Law, investment advisors whose shareholders, partners, members of the board of directors, executives, agents, or employees participate in the capital or in the administrative bodies or have an employment relationship with societies distributing shares of investment funds or operating societies of investment funds.
(1)2) Article 227 Bis, first paragraph. Grant the right to be heard to investment advisors whose shareholders, partners, members of the board of directors, executives, agents, and employees participate in the capital or in the administrative bodies or have an employment relationship with operating societies of investment funds and societies distributing shares of investment funds, for the effects established in said article. Such power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
(1)3) Article 350, first paragraph. Supervise investment advisors whose shareholders, partners, members of the board of directors, executives, agents, and employees participate in the capital or in the administrative bodies or have an employment relationship with operating societies of investment funds and societies distributing shares of investment funds, for which it may exercise the acts contemplated in the article itself.
(1)4) Article 360, first and second paragraphs. Establish the manner and terms in which investment advisors to whom the Commission requests information must comply with its requirements, as well as to enforce its determinations by employing indistinctly the means of coercion indicated in fractions I to V of the cited article.
(1)5) Article 419, third paragraph. Warn the interested party, in writing and only once, to remedy the omission within a term that cannot be less than ten business days.
(1)6) Article 421. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding in any case half of the deadline originally provided for in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
(1) IV. Law for the Protection and Defense of Users of Financial Services:
(1) 1) Article 92 Bis. Conduct inspections of the Financial Institutions referred to in that law, to verify compliance with norms whose supervision is expressly conferred upon the National Commission for the Protection and Defense of Users of Financial Services, at the request of the latter, within the scope of its competence.
(4) The Head of the General Directorate of Investment Administration shall be assisted and aided in the processing and resolution of matters within its competence by the Coordinators of Investment Administration A, B, and C. Without prejudice to the foregoing, the aforementioned public servants shall have delegated the attributes corresponding to the Head of the General Directorate to which they are attached and within the scope of their competence, in which case they must observe what is provided in Title Four of the Internal Regulations of the National Banking and Securities Commission in all that is applicable.
Article 18.- The General Director of Stock Market Legal Affairs shall have delegated the powers contained in the following legal instruments:
I. Law of the National Banking and Securities Commission:
Article 4, fraction XVIII. Investigate acts or facts that contravene what is provided in the Securities Market Law, for which visits may be conducted regarding such acts or facts, as well as summon, require information, or request the appearance of alleged infringers and other persons who may contribute to the adequate development of the investigation. The power to request the appearance of alleged infringers shall be exercised in coordination with the General Directorate of Supervision of Market Participants' Conduct, and to the extent deemed necessary with the General Directorate of Crimes and Sanctions.
Article 4, fraction XXVI. Intervene in the issuance, draws, and cancellation of titles or securities of entities, in accordance with the law, ensuring that their circulation does not exceed legal limits.
Article 4, fraction XXIX. Authorize, suspend, or cancel the registration of securities in the National Securities Registry. Such power shall be exercised by analyzing and ruling on the juridical validity of the acts subject to its competence.
Article 16, fraction XVI. Authorize the organization and functioning of investment societies. Such power shall be exercised by analyzing and ruling on the juridical validity of the acts subject to its competence.
Article 19. Establish the manner and terms in which entities are obliged to provide the Commission with data, reports, records, minute books, auxiliary documents, correspondence, and in general, any information deemed necessary for the exercise of its functions.
II. Securities Market Law:
Article 11. Authorize anonymous societies intending to be constituted through the public subscription mechanism referred to in Article 90 of the General Law of Commercial Societies to make the public offering of shares representing their share capital. Such power shall be exercised by analyzing and ruling on the juridical validity of the acts subject to its competence.
Article 54, second and third paragraphs. Authorize the issuance of shares other than ordinary ones, as well as extend the limit indicated in the second paragraph itself, adhering to what is provided in that article. Such power shall be exercised by analyzing and ruling on the juridical validity of the acts subject to its competence.
Article 56, fraction II. Authorize auctions for the purpose that listed anonymous societies may acquire the shares representing their share capital or credit titles representing them, without the prohibition established in the first paragraph of Article 134 of the General Law of Commercial Societies being applicable. Such power shall be exercised by analyzing and ruling on the juridical validity of the acts subject to its competence.
Article 64 Bis, second paragraph. Authorize, based on the general provisions issued by the Commission, investments other than those contemplated in that article, in the issuance of indexed fiduciary exchange certificates. Such power shall be exercised by analyzing and ruling on the juridical validity of the acts subject to its competence.
Article 64 Bis 2, last paragraph. Record the issuance act of development exchange certificates under the capital call mechanism.
Article 83, last paragraph. Authorize the public offerings of securities referred to in that Law. Such power shall be exercised by analyzing and ruling on the juridical validity of the acts subject to its competence.
Article 86, last paragraph. Request that the information included or attached to the prospectus, supplement, or informational brochure be expanded, detailed, modified, or complemented, in its opinion, when this favors the quality, clarity, and degree of information disclosure to the public.
Article 90, first paragraph. Authorize issuers to register their securities, without a public offering being involved for this effect. Such power shall be exercised by analyzing and ruling on the juridical validity of the acts subject to its competence.
Article 91, first paragraph. Authorize anonymous societies to provisionally register the shares representing their share capital in the National Securities Registry, under the prior listing modality. Such power shall be exercised by analyzing and ruling on the juridical validity of the acts subject to its competence.
Article 92, first paragraph. Authorize legal entities to provisionally register their securities under the placement program modality. Such power shall be exercised by analyzing and ruling on the juridical validity of the acts subject to its competence.
Article 93, first paragraph. Authorize the provisional registration, under the generic modality, of securities of the same type or class, whether or not part of a placement program. Such power shall be exercised by analyzing and ruling on the juridical validity of the acts subject to its competence.
Article 96. Authorize the carrying out of a voluntary or mandatory public acquisition offer. Such power shall be exercised by analyzing and ruling on the juridical validity of the acts subject to its competence.
Article 97, fraction III. Determine if modifications to a voluntary public acquisition offer are relevant for the purpose of extending the offer period for a period that cannot be less than five business days. Such power shall be exercised by analyzing and ruling on the juridical validity of the acts subject to its competence.
Article 99. Authorize the carrying out of public acquisition offers by percentages lower than that indicated in fraction III, subsection b) of Article 98 of that Law, when justified, taking into consideration the rights of all shareholders and especially minority shareholders, and always that the authorization request is accompanied by the minutes stating the approval of the board of directors of the society, prior to the favorable opinion of the committee performing functions in corporate practices matters at the issuer. Such power shall be exercised by analyzing and ruling on the juridical validity of the acts subject to its competence.
Article 102, second paragraph. Exempt from the obligation to carry out a mandatory public acquisition offer, in the cases contemplated in that article. Such power shall be exercised by analyzing and ruling on the juridical validity of the acts subject to its competence.
Article 107, second paragraph. Grant the right to be heard to the issuer, so that the suspension of the registration of its securities in the National Securities Registry continues for a longer period. Such power shall be exercised by analyzing and ruling on the juridical validity of the acts subject to its competence.
Article 108, first paragraph. Cancel the registration of securities in the National Securities Registry, in any of the scenarios established in that article. Such power shall be exercised by analyzing and ruling on the juridical validity of the acts subject to its competence.
Article 108, first paragraph, fraction I, subsection c), third paragraph. Require anonymous societies whose shares representing the share capital or credit titles representing them are registered in the National Securities Registry to carry out a public acquisition offer when they commit serious or repeated infringements to that Law, or when their securities do not satisfy the listing maintenance requirements, as well as order, at the society's expense, that a valuation be carried out by an independent expert with the purpose of determining the offer price, when deemed indispensable for the protection of public investor interests. Such power shall be exercised by analyzing and ruling on the juridical validity of the acts subject to its competence.
Article 108, last paragraph. Authorize the use of a different basis for determining the price of a public acquisition offer, attending to the financial situation and prospects of the society in question, always that there is approval from the board of directors of said society, prior to the opinion of the committee performing functions in corporate practices matters, which contains the reasons why it is deemed justified to establish a different price, supported by a report of an
independent expert. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 193. Authorize natural persons to operate in the stock exchange, to conduct operations with the public regarding advice, promotion, purchase, and sale of securities, or to act as fiduciary delegates, provided that technical quality, honorability, and satisfactory credit history are accredited before a guild association recognized by the Commission as a self-regulatory body.
Articles 248, second, third, and fourth paragraphs. Order stock exchanges to lift the trading suspensions decreed under the terms of that article, as well as authorize that such suspensions last more than twenty business days, granting prior hearing to the issuer in question. Likewise, authorize that the suspension of securities trading continues for a longer period, granting prior right of hearing to the issuer in question, with the provisions of the last paragraph of Article 107 of that Law being applicable. This power shall be exercised in coordination with the General Directorate of Issuers, analyzing and ruling on the legality of the acts within its competence.
Article 252 Bis, second paragraph. Authorize, within the framework of the agreements referred to in fraction X of Article 244 of that Law and in accordance with the general provisions issued for this purpose by the Commission, that a public offer of securities issued in markets with which stock exchanges have entered into said agreements, be recognized as such in national territory, and therefore, registered in the National Securities Register. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 352, first paragraph, fraction III. Require the appearance of partners, representatives, and other employees of legal entities that provide external audit services. This power shall be exercised jointly with the General Directorate of Supervision of Market Participants' Conduct and, as deemed necessary, with the General Directorate of Crimes and Sanctions, within the scope of their respective competencies.
Article 353, first paragraph, fraction III. Require the appearance of the law degree holder and other employees thereof who participate in the preparation of legal opinions issued in compliance with the provisions of that Law. This power shall be exercised in coordination with the General Directorate of Supervision of Market Participants' Conduct and, as deemed necessary, with the General Directorate of Crimes and Sanctions, within the scope of their respective competencies.
Article 354, fraction III. Require the appearance of partners, representatives, and other employees of the legal entities and entities referred to in the last paragraphs of Articles 159, 214, 250, and 281 of that Law. This power shall be exercised in coordination with the General Directorate of Supervision of Market Participants' Conduct and, as deemed necessary, with the General Directorate of Crimes and Sanctions, within the scope of their respective competencies.
Article 356. Participate in the hearing of appearances referred to in that Law, for which it may formulate the questions it deems pertinent, in which case the appearing parties must respond, under oath, to the questions posed to them. Likewise, conduct visits provided for in that article. The power to participate in the hearing of appearances shall be exercised jointly with the General Directorate of Supervision of Market Participants' Conduct, and as deemed necessary, with the General Directorate of Crimes and Sanctions.
(1)27) Article 360, first and second paragraphs. Establish the form and terms in which financial entities, issuers, and other natural or legal persons from whom information and documentation are requested must comply with their requirements, within the scope of their competence, as well as to enforce their determinations by employing indistinctly the means of compulsion indicated in fractions I to V of the cited article.
Article 365, fraction V. Authorize those operations to which the period established in the first paragraph of that article will not be applicable. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 366, first paragraph. Authorize auctions for the purpose that the persons referred to in fractions I to IV of Article 363 of that Law, and other persons indicated in Article 366 itself, may alienate or acquire from the issuer with which they are linked, the shares representing their share capital or credit titles representing them. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 393, last paragraph. Revoke the authorization of natural persons who obtain authorization under the terms of Article 193 of that Law, when they fall under any of the scenarios provided in fraction I, subparagraphs a) and b) of that article.
Article 417, last paragraph. Require issuers and financial entities referred to in that Law, at any time, the information referenced in the cited provision and with the handwritten signature of those who must sign it.
Article 419, third paragraph. Warn the interested party, in writing and only once, to remedy the omission within a term that cannot be less than ten business days.
Article 421. Extend the periods established in that Law, at the request of the interested party, without such extension exceeding in any case half of the period originally provided in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
III. Investment Funds Law:
Article 8, first paragraph. Authorize the organization and operation of investment funds. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 8, third paragraph, fraction V. Require additional documentation and information to authorize the organization and operation of investment funds.
Article 8, last paragraph. Verify that the application referred to in that article complies with the provisions of that Law, for which it will have the power to corroborate the truthfulness of the information provided, and in virtue thereof, the departments and entities of the Federal Public Administration, as well as other federal instances, will deliver the related information. Likewise, it may request foreign bodies with similar supervision or regulation functions to corroborate the information provided for this purpose.
Article 8 Bis, third paragraph. Approve the constitutive act signed by the founding partner of the investment fund, prior to obtaining the authorization referred to in Article 8 of that Law. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 8 Bis, last paragraph. Approve modifications to the bylaws of investment funds. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 9, fraction VII, third paragraph. Authorize investment funds that modify the dates for the repurchase of their shares, without the need to modify their public offering prospectus, when there are disordered market conditions. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 14 Bis, last paragraph. Authorize that the shares of investment funds be paid in kind, considering the liquidity of the assets in kind, the type and modality of the investment fund in question. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 14 Bis 1, first paragraph. Authorize the transfer of ownership or encumbrance as guarantee or trust, of the shares representing the fixed capital of investment funds. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 14 Bis 4, first paragraph. Authorize the merger or spin-off of investment funds. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 14 Bis 5, fraction V. Require additional documentation and information related to the merger of investment funds.
Article 14 Bis 6, fraction VII. Require additional documentation and information related to the spin-off of investment funds.
Article 14 Bis 8, fraction IV. Require additional documentation and information related to the spin-off of investment funds carried out in accordance with the provisions of that article and Article 14 Bis 7, both of the Investment Funds Law.
Article 14 Bis 8, penultimate paragraph. Order modifications to the terms and conditions under which the spin-off of the investment fund in question was agreed, when these are contrary to the interests of investors. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 28, fraction VII. Request information from promoted companies.
Article 28, second paragraph. Object to the terms and conditions of promotion contracts and order that the modifications deemed pertinent be made, in case they do not meet the minimum requirements established in this provision. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 35, first paragraph. Authorize natural persons who provide their services to investment fund operating companies in the administration of their assets or for third parties, as well as distributors and financial entities that carry out the distribution of investment fund shares, to provide services regarding securities advice or promotion, purchase, and sale of investment fund shares, or fiduciary services, as applicable.
Article 80, first paragraph. Request information and documents from investment funds, establishing the deadlines, conditions, and other characteristics that the Commission establishes, to fulfill its supervisory powers, within the scope of the applicable provisions.
Article 81, first and second paragraphs. Investigate, in the administrative sphere, acts or facts that presumably constitute or may constitute an infringement of the provisions of that Law or the general provisions derived from it, or to verify compliance with the provisions of that Law and other general provisions emanating from it, under the terms contemplated in the article itself. For this purpose, it may exercise the acts contemplated in the referred article, within the scope of its competence. This power shall be exercised in coordination with the General Directorate of Investment Funds, within the scope of their respective competencies and, as deemed necessary, with the General Directorate of Crimes and Sanctions.
(2)19) Article 81 Bis, first and second paragraphs. Establish the form and terms in which persons from whom information and documentation are requested must comply with their requirements, as well as to enforce their determinations by employing indistinctly the means of compulsion indicated in fractions I to IV of the cited article.
Article 82, first paragraph. Revoke the authorization of investment funds, prior to right of hearing, in the cases provided in that article. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 82, fraction I. Extend the period established for the start of operations of investment funds. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 82, fraction II. Set the period for investment funds operating with capital below the legal minimum to reconstitute it. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 83, fraction VII. Extend the periods provided in that fraction, on a single occasion and when there is a justified reason.
Article 86 Bis 3, first paragraph. Authorize the self-correction programs that investment funds submit for this purpose, in the cases provided in that article and in the applicable general provisions. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 86 Bis 4, penultimate paragraph. Order modifications or corrections to the self-correction programs, with the purpose that the program adheres to the provisions of this article and the applicable general provisions, as well as authorize the extensions referred to in that article. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 86 Bis 3, first paragraph. Authorize the self-correction programs that investment funds submit for this purpose, in the cases provided in that article and in the applicable general provisions, within the scope of its competence. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 86 Bis 4, penultimate paragraph. Order modifications or corrections to the self-correction programs, with the purpose that the program adheres to the provisions of this article and the applicable general provisions, as well as authorize the extensions referred to in that article. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 94, third paragraph. Warn the interested party, in writing and only once, to remedy the omission within a term that cannot be less than ten business days.
Article 96. Extend the periods established in that Law, at the request of the interested party, without such extension exceeding in any case half of the period originally provided in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
IV. General Law of Warehouses and Auxiliary Credit Activities:
V. Popular Savings and Credit Law:
VI. Insurance and Surety Bonds Institutions Law:
Article 131, first paragraph. Approve the values in which insurance institutions may make investments, without exceeding 25% of the issuer's capital when it concerns shares or participations representing share capital. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 342, fraction X. Approve the values in which mutual insurance companies may make investments, without exceeding 25% of the issuer's capital when it concerns shares or participations representing share capital. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
VII. Federal Surety Bonds Institutions Law:
VIII. Income Tax Law:
IX. Law for the Protection and Defense of Financial Services Users:
(4)The Head of the General Directorate of Stock Market Legal Affairs shall be assisted and supported in the processing and resolution of matters within its competence by the Coordinators of Stock Market Regulation Compliance A and B, as well as by Stock Market Authorizations. Without prejudice to the foregoing, the aforementioned public servants shall have delegated the attributes corresponding to the Head of the General Directorate to which they are attached and within the scope of their competence, in which case they must observe the provisions of Title Four of the Internal Regulations of the National Banking and Securities Commission in all that is applicable.
Article 19.- The General Director of Issuers shall have delegated the powers contained in the following legal instruments:
I. National Banking and Securities Commission Law:
Article 4, fraction XXVI. Intervene in the issuance, draws, and cancellation of titles or securities of the entities, under the terms of the law, ensuring that their circulation does not exceed legal limits.
Article 4, fraction XXVIII. Maintain the National Securities Register, and certify inscriptions recorded therein.
Article 4, fraction XXIX. Authorize, suspend, or cancel the registration of securities in the National Securities Register. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 4, fraction XXX. Supervise issuers of securities registered in the National Securities Register, regarding the obligations imposed by the Securities Market Law.
Article 4, fraction XXXV. Order the suspension of securities trading when disordered conditions exist in their market or operations are conducted contrary to sound uses or practices.
Article 16, fraction V. Authorize, suspend, or cancel the registration of securities in the securities section of the National Securities Register and Intermediaries.
Article 16, penultimate paragraph. Notify the agreements of the Board of Directors regarding legal entities that request registration or maintain securities registered in the National Securities Register.
Article 19. Establish the form and terms in which entities are obliged to provide the Commission with data, reports, records, minute books, auxiliary documents, correspondence, and in general, the information deemed necessary, regarding entities that maintain securities registered in the National Securities Register.
II. Securities Market Law:
Article 6, first and last paragraphs. Authorize the dissemination of information for promotion, marketing, or advertising purposes regarding securities, directed to the general public, as well as order the rectification, suspension, or cancellation of information disseminated by issuers to the public, in contravention of what is stated in that article.
Article 11. Authorize anonymous companies that intend to be constituted through the public subscription mechanism referred to in Article 90 of the General Law of Commercial Companies, the public offer of the shares representing their share capital. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 21, last paragraph. Require investment-promoting anonymous companies to carry out a public acquisition offer due to serious breach of the programs for the progressive adoption of the regime applicable to stock market anonymous companies.
Article 54, second and third paragraphs. Authorize the issuance of shares other than ordinary ones, as well as extend the limit indicated in the second paragraph itself, adjusting to what is provided in that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 56, fraction II. Authorize auctions for the purpose that stock market anonymous companies may acquire the shares representing their share capital or credit titles representing them, without the prohibition established in the first paragraph of Article 134 of the General Law of Commercial Companies being applicable. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 64 Bis, second paragraph. Authorize, based on the general provisions issued by the Commission, investments other than those contemplated in that article, in the issuances of indexed fiduciary exchange certificates. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 70. Be in charge of the National Securities Registry.
Article 78, first paragraph. Make corrections to the records and annotations that form part of the National Securities Registry due to errors, either ex officio or at the request of the interested party.
Article 82. Issue certifications, certificates, and official letters regarding the registrations, suspensions, cancellations, and other registry-related acts carried out in the database contained in the equipment and electronic systems of the National Securities Registry.
Article 83, last paragraph. Authorize the public offerings of securities referred to in that Law. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 86, last paragraph. Request that the information included or attached to the prospectus, supplement, or informational brochure be expanded, detailed, modified, or supplemented, when in its opinion this favors the quality, clarity, and degree of information disclosure to the public.
Article 90, first paragraph. Authorize issuers to register their securities, without a public offering being involved for this purpose. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 91, first paragraph. Authorize joint-stock companies to register their shares representing their share capital preventively in the National Securities Registry, under the prior listing modality. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 92, first paragraph. Authorize legal entities to register their securities preventively under the placement program modality. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 93, first paragraph. Authorize the preventive registration, under the generic modality, of securities of the same type or class, whether or not they are part of a placement program. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 96. Authorize the conduct of a voluntary or mandatory public acquisition offer. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 97, section III. Determine whether modifications to a voluntary public acquisition offer are relevant in order to extend the offer period by a period that cannot be less than five business days. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 99. Authorize the conduct of public acquisition offers for percentages lower than that indicated in section III, subsection b) of Article 98 of that Law, when justified, taking into consideration the rights of all shareholders and especially minority shareholders, and always provided that the authorization request is accompanied by the minutes recording the approval of the company's board of directors, with the prior favorable opinion of the committee performing corporate governance functions in the issuer. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 101, last paragraph. Require the offeror to extend the period of a public acquisition offer, or reduce the period within which the members of the board of directors of the listed joint-stock company must inform the investing public of the opinions referred to in the second and third paragraphs of that article, when in its opinion such acts contribute to investment decision-making.
Article 102, second paragraph. Exempt from the obligation to conduct a mandatory public acquisition offer, in the cases contemplated in that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 106, penultimate paragraph. Require issuers to publish a relevant event explaining the causes that gave rise to it, as well as require the disclosure of additional information when the information existing in the market, in the Commission's opinion, is insufficient, imprecise, or confusing, or to rectify, ratify, deny, or expand any event that has been disclosed by third parties to the public and whose interpretation could affect or influence the quotation of the issuer's securities.
Article 107, first paragraph. Suspend the registration of an issuer's securities in the Registry, for a period not exceeding sixty business days, in the circumstances provided for in that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 107, second paragraph. Grant the issuer the right to be heard, so that the suspension of the registration of its securities in the National Securities Registry continues for a longer period. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 108, first paragraph. Cancel the registration of securities in the National Securities Registry. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 108, section I, first paragraph and subsection c), third paragraph. Require joint-stock companies whose shares representing share capital or credit titles representing them are registered in the National Securities Registry to conduct a public acquisition offer when they commit serious or repeated violations of that Law, or when their securities do not meet the listing maintenance requirements, as well as order, at the company's expense, that a valuation be conducted by an independent expert to determine the offer price, when deemed indispensable for the protection of the interests of the investing public. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 108, last paragraph. Authorize the use of a different basis for determining the price of a public acquisition offer, considering the financial situation and prospects of the company in question, provided that the approval of the company's board of directors is obtained, with the prior opinion of the committee performing corporate governance functions, which contains the reasons why it is considered justified to establish a different price, supported by the report of an independent expert. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 248, third and fourth paragraphs. Order stock exchanges to lift the quotation suspensions decreed in terms of that article, as well as authorize that such suspensions last more than twenty business days, granting a prior hearing to the issuer in question. Authorize stock exchanges to cancel the listing of securities in the circumstances referred to in sections I and III of that article, when they involve serious or repeated non-compliance by issuers. Likewise, authorize that the suspension of securities quotations continues for a longer period, granting prior right of hearing to the issuer in question, with the provisions of the last paragraph of Article 107 of that Law being applicable. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 252 Bis, second paragraph. Authorize, within the framework of the agreements referred to in section X of Article 244 of that Law and in accordance with the general provisions issued for this purpose by the Commission, that a public offering of securities issued in markets with which stock exchanges have entered into said agreements be recognized as such in national territory, and therefore registered in the National Securities Registry. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 351, first and third paragraphs, sections I and II. Supervise issuers, as well as order the convening of shareholder or security holder meetings in cases of notorious urgency and without judicial intervention, and attend shareholder or security holder meetings without voice or vote, in the terms contemplated in that article.
Article 352, first paragraph, sections I, II, and III. Inspect and monitor within its scope of competence, legal entities that provide external audit services in terms of that Law, including partners or employees thereof who are part of the audit team, and within its scope of competence, for which it may request any kind of information and documentation; conduct inspection visits, as well as require the appearance of partners, representatives, and other employees of legal entities providing external audit services. The exercise of the powers referred to in that article shall be limited to the opinions, opinions, and audit practices conducted in terms of that Law by legal entities providing external audit services. The power referred to in section III of this numeral shall be exercised jointly with the General Directorate of Stock Market Legal Affairs, and to the extent deemed necessary, with the General Directorate of Crimes and Sanctions.
Article 353, first paragraph. Inspect and monitor within its scope of competence, lawyers who issue opinions required by the Securities Market Law, for which it may request any kind of information and documentation; conduct inspection visits, as well as require the appearance of the lawyer and other employees thereof who participate in the preparation of legal opinions issued in compliance with the provisions of that Law. The exercise of the powers referred to in that article shall be limited to the opinions issued in terms of said Law by lawyers. Regarding the appearances referred to in this numeral, it shall be exercised in coordination with the General Directorate of Stock Market Legal Affairs, and to the extent deemed necessary, with the General Directorate of Crimes and Sanctions.
(1)32) Article 360, first and second paragraphs. Specify the form and terms in which issuers and other natural or legal persons to whom it requests information and documentation must comply with its requirements, within its scope of competence, as well as to enforce its determinations, using indistinctly the means of coercion indicated in sections I to V of the cited article.
Article 365, section V. Authorize those operations to which the period established in the first paragraph of that article will not apply. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 366, first paragraph. Authorize auctions for the purpose that the persons referred to in sections I to IV of Article 363 of that Law, and other persons indicated in Article 366 itself, may alienate or acquire from the issuer with which they are linked the shares representing their share capital or credit titles representing them. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 393 Bis. Require issuers to modify their financial statements to comply with the accounting principles issued or recognized by the Commission, as well as the corresponding submission to the Commission itself and to the exchange where their securities are listed for immediate dissemination to the general public through the latter.
Article 395 Bis 3. Authorize self-correction programs presented by natural persons and other legal entities subject to the Commission's supervision when they detect irregularities or non-compliance with the provisions of that Law and other applicable provisions in the conduct of their activities, subject to the provisions of Articles 395 Bis to 395 Bis 2 of that Law, as applicable. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 417, last paragraph. Require issuers, at any time, the information referred to in the cited provision and with the handwritten signature of those who must sign it.
Article 419, third paragraph. Warn the interested party, in writing and only once, to remedy the omission within a term that cannot be less than ten business days.
Article 421. Extend the periods established in that Law, at the request of the interested party, without such extension exceeding in any case half of the period originally provided in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
III. General Law of Organizations and Auxiliary Credit Activities:
IV. Insurance and Surety Institutions Law:
V. Federal Law of Surety Institutions:
VI. Income Tax Law:
(4)The Head of the General Directorate of Issuers shall be assisted and aided in the processing and resolution of matters within its competence by the Coordinators of Specialized Emissions and National Securities Registry, Capital Emissions, Debt Emissions and Global Market, as well as the Head of Issuer Surveillance. Without prejudice to the foregoing, the aforementioned public servants shall have delegated the attributes corresponding to the Head of the General Directorate to which they are attached and within the scope of their competence, in which case they must observe the provisions of Title Four of the Internal Regulations of the National Banking and Securities Commission in all that is applicable.
Article 20.- The General Director of Methodologies and Risk Analysis shall have delegated the powers contained in the following legal instruments:
I. Law of the National Banking and Securities Commission:
Additionally, the General Director of Methodologies and Risk Analysis shall have the powers of supervision in terms of Article 4, section I of the Law of the National Banking and Securities Commission, for the purposes of supervising the correct application of support programs for debtors subscribed by the Federal Government and the entities referred to in Article 3 of the Law of the National Banking and Securities Commission.
(4)The Head of the General Directorate of Methodologies and Risk Analysis shall be assisted and aided in the processing and resolution of matters within its competence by the Coordinators of Risk Analysis, Systemic Risk Measurement and Special Projects, Risk Methodologies, as well as the Head of Internal Model Authorizations. Without prejudice to the foregoing, the aforementioned public servants shall have delegated the attributes corresponding to the Head of the General Directorate to which they are attached and within the scope of their competence, in which case they must observe the provisions of Title Four of the Internal Regulations of the National Banking and Securities Commission in all that is applicable.
The General Directorate of Methodologies and Risk Analysis may make known the result of the exercise of its powers to the entities and persons subject to its supervision through the general directorates referred to in Article 16 of the Internal Regulations of the National Banking and Securities Commission.
Article 21.- The General Director of Supervision of Network Participants shall have delegated the powers contained in the following legal instruments:
I. Law of the National Banking and Securities Commission:
Article 4, section I. Conduct the supervision of credit information societies, and other natural and legal persons who, without being entities, carry out activities provided for in the Law to Regulate Credit Information Societies, or who are contracted by entities to provide services in accordance with said law, and in both cases are subject to the supervision of the Commission; of the participants in networks referred to in the Transparency and Orderly Financial Services Law; as well as of the entities subject to the supervision of the Commission that provide information or make inquiries to credit information societies, in order to evaluate their capacity to integrate, validate, remit, and ensure the quality of their information submissions to said societies.
Article 4, fraction VII. Issue the necessary measures so that the entities and other subjects referred to in the previous subsection 1) adjust their activities and operations to the laws applicable to them, to the general provisions derived from them, to commercial and stock market practices, and to sound practices of financial markets, within the scope of their competence.
Article 16, penultimate paragraph. Notify the agreements of the Board of Directors regarding the entities and other subjects referred to in subsection 1) of this fraction.
Article 19. Establish the form and terms in which entities will be obligated to provide the Commission with data, reports, records, minute books, auxiliary records, documents, correspondence, and in general, any information deemed necessary.
II. Law to Regulate Credit Information Societies:
Article 6. Provide an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing the constitution and operation of credit information societies. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 10. Provide an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing any person or group of persons to acquire, directly or indirectly, the control of a credit information society. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 13, first paragraph. Provide an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing credit information societies to carry out analogous and related activities. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 16. Provide an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing the merger or spin-off of credit information societies. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 17, first and second paragraphs. Conduct inspection and supervision of credit information societies, as well as request information and documentation from credit information societies in accordance with the general provisions issued by the Commission and establish the deadlines for their presentation.
Article 17, last paragraph. Request a quarterly report on the status of the record deletion process in accordance with this Law.
Article 19, first paragraph. Provide an opinion to the Ministry of Finance and Public Credit for the purpose of revoking the authorization granted to credit information societies in the cases referred to in that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 21, second paragraph. Approve the prevention and observation keys referred to in said article, as well as their modifications. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 23, penultimate paragraph. Authorize the operational manuals of the procedures of credit information societies that allow them to reasonably review compliance with what is established in Article 20, first paragraph of that Law, as well as the procedure for eliminating information sent to them by users in terms of that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 30, penultimate paragraph. Request from financial entities under its supervision the exhibition of client authorizations regarding which they have requested information from credit information societies.
Article 31. Authorize that the shipments of authorizations referred to in Article 28 of that Law be carried out through electronic or digitized means, as well as request credit information societies to verify the existence of such authorizations. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 36, third paragraph. Authorize agreements regarding the standards, conditions, procedures, as well as the amounts to be paid between themselves for the exchange of information referred to in that article, as well as their modifications. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 36 Bis, eighth and ninth paragraphs. Authorize the fees that credit information societies must offer to their Users for the credit reports referred to in that article, or fix them in the corresponding cases. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 56 Bis 1, first paragraph. Authorize the self-correction programs that credit information societies submit for this purpose, in the cases provided for in that article and in the applicable general provisions. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 56 Bis 2, fourth paragraph. Order modifications or corrections to the self-correction programs, with the purpose that the program adheres to what is established in this article and in the applicable general provisions; as well as authorize the extensions referred to in that article. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts subject to its competence.
Article 56 Bis 3, second paragraph. Supervise, at any time, the degree of progress and compliance of the self-correction program.
III. Law for the Transparency and Ordering of Financial Services:
Article 2 Bis. Supervise and monitor compliance with what is provided by this Law and the provisions emanating from it, within the scope of its competence regarding Network Participants.
Article 4 Bis 3, fraction I, subsection d), second paragraph. Annually review jointly with the Bank of Mexico, the Interchange Fees, Commissions, or charges of any nature related to Disposal Media Networks.
Article 4 Bis 3, fraction III. Analyze and approve or not, as appropriate and jointly with the Bank of Mexico, the rules of each Disposal Media Network, being able to intervene to prevent the mentioned rules or in practice from presenting the situations indicated in subsections a) to c) of that fraction.
Article 4 Bis 3, fraction IV, first paragraph. Ensure the protection of the interests of the end user of Disposal Media, including their holders and merchants, for which it will seek compliance and observance of the aspects indicated in subsections a) to d) of that fraction.
Article 4 Bis 3, last paragraph. Require information from any of the participants in any Disposal Media Network, being able, for this purpose, to request and exercise measures of compulsion.
Article 49 Bis 1, first paragraph. Conduct inspection visits to any of the Network Participants and require them, within the deadlines established, all necessary information and documentation to verify compliance with this Law and the observance of the general provisions emanating from it. For this purpose, it may require any kind of information and documentation, as well as the appearance of shareholders, partners, officials, representatives, and other employees of the Entity in question. Regarding the power to require appearance, it shall be exercised coordinately with the General Directorate of Crimes and Sanctions.
Article 49 Bis 2, second paragraph. Formulate observations and, if applicable, order the adoption of measures aimed at correcting the irregular facts, acts, or omissions detected in the exercise of the functions carried out in accordance with this Law, independent of the other sanctions that the Commission may impose.
IV. Law for the Protection and Defense of the User of Financial Services:
The General Directorate of Network Participants Supervision may make known the result of the exercise of powers regarding entities subject to the supervision of the Commission that provide information or make inquiries to credit information societies, in order to evaluate their capacity to integrate, validate, send, and ensure the quality of their information shipments to said societies, directly or through the General Directorates referred to in Article 16 of the Internal Regulations of the National Banking and Securities Commission.
(4) The head of the General Directorate of Network Participants Supervision will be assisted and aided in the processing and resolution of matters within its competence by the Coordinators of Network Participants Supervision and Credit Information Societies Supervision. Without prejudice to the foregoing, the aforementioned public servants will have delegated the attributes corresponding to the head of the General Directorate to which they are attached and within the scope of their competence, in which case they must observe what is provided in Title Four of the Internal Regulations of the National Banking and Securities Commission in all that is applicable.
Article 22.- The General Director of Operational and Technological Risk Supervision will have delegated the powers contained in articles 4, fraction I and 19 of the Law of the National Banking and Securities Commission, to supervise and evaluate automated data processing systems, equipment, telecommunications networks, electronic, optical, or any other technology media associated with processing, storage, and transmission of information; internal controls in terms of integrity, availability, and confidentiality of information, and compliance with regulations and guidelines in matters of information systems of entities, investment advisors, network participants referred to in the Law for the Transparency and Ordering of Financial Services, currency exchanges, money transmitters, and unregulated multiple-object financial societies subject to the supervision of the Commission, as well as that entities have the capacity to identify, classify, quantify, and reveal operational risk and technological risk in accordance with the prudential provisions issued by the Commission, in terms of Article 5 of the Law of the National Banking and Securities Commission.
Likewise, it will have delegated the powers contained in Article 4, fraction VII, in order to issue or propose to the general directorates referred to in Article 16 of the Internal Regulations of the National Banking and Securities Commission, that are competent, the necessary measures so that entities, investment advisors, network participants referred to in the Law for the Transparency and Ordering of Financial Services, currency exchanges, money transmitters, and unregulated multiple-object financial societies subject to the supervision of the Commission, implement preventive mechanisms, internal controls, and audits, aimed at preventing and detecting in a timely manner irregular operations carried out by electronic means or failures in their operation that could put at risk the resources of users of financial services with the entities subject to the supervision of the Commission.
(4) The head of the General Directorate of Operational and Technological Risk Supervision will be assisted and aided in the processing and resolution of matters within its competence by the Coordinators of Operational and Technological Risk Supervision, Operational and Technological Risk Follow-up and Supervision, as well as Special Technologies Supervision. Without prejudice to the foregoing, the aforementioned public servants will have delegated the attributes corresponding to the head of the General Directorate to which they are attached and within the scope of their competence, in which case they must observe what is provided in Title Four of the Internal Regulations of the National Banking and Securities Commission.
The General Directorate of Operational and Technological Risk Supervision may make known the result of the exercise of the powers referred to in this Agreement as well as those contained in the Internal Regulations of the National Banking and Securities Commission, to entities, investment advisors, network participants referred to in the Law for the Transparency and Ordering of Financial Services, currency exchanges, money transmitters, and unregulated multiple-object financial societies subject to its supervision, directly or through the General Directorates referred to in Article 16 of the Internal Regulations of the National Banking and Securities Commission.
Article 23.- The General Director of Analysis and Information will have delegated the powers contained in the following legal instruments:
I. Law of the National Banking and Securities Commission:
Article 4, fraction XI. Determine the minimum capital of those entities that the laws indicate.
Article 4, fraction XXIII. Prepare and publish statistics related to entities, investment advisors, currency exchanges, money transmitters, unregulated multiple-object financial societies subject to the supervision of the Commission, and financial markets, solvency, stability, and liquidity indicators; as well as carry out and disseminate studies and estimations of market scenarios that allow the comparability of information, publish representative samples of databases related to operations and services of entities, investment advisors, Federations, protection funds, currency exchanges, money transmitters, and unregulated multiple-object financial societies, or of segments of the financial system markets, provided that the corresponding information does not contain reserved or confidential information. This power must be exercised in coordination with the General Directorate of Special Projects and Social Communication.
Article 19. Establish the form and terms in which entities will be obligated to provide the Commission with data, reports, records, minute books, auxiliary records, documents, correspondence, and in general, the information deemed necessary for the exercise of their functions.
II. Law to Regulate Financial Groupings:
III. Law of Credit Institutions:
(1)1) Article 97, first paragraph. Request information and documentation from credit institutions, within the deadlines and through the means established by the Commission itself.
(1)2) Article 123, first paragraph. Inform the Ministry of Finance and Public Credit, the Bank of Mexico, and the Institute for the Protection of Bank Savings, when a multiple banking institution does not comply with the capitalization index, with the core capital, with the basic part of the net capital, and with the capital supplements established in accordance with what is provided in Article 50 of that Law and in the provisions emanating from said provision.
(1)3) Article 136, first paragraph. Establish the form and terms in which credit institutions and other natural or legal persons to whom information and documentation is requested, must comply with their requirements.
IV. Securities Market Law:
(1)1) Article 360, first paragraph. Establish the form and terms in which financial entities and other natural or legal persons to whom it requests information, must comply with its requirements, within the scope of its competence.
V. Investment Funds Law:
(1)1) Article 80, first paragraph. Require information and documentation from investment funds, establishing the deadlines, conditions, and other characteristics for their presentation.
VI. General Law of Auxiliary Credit Organizations and Activities:
(1)1) Article 51-A. Request information and documentation from general warehouses, exchange houses, currency exchanges, and money transmitters, and establish the deadlines for their presentation.
(1)2) Article 87-B, eighth paragraph. Require information and documentation from regulated multiple-object financial societies, as well as indicate the presentation deadlines.
VII. Popular Savings and Credit Law:
VIII. Law to Regulate the Activities of Savings and Loan Cooperative Societies:
(1)1) Article 70, second paragraph. Request information and documentation from Savings and Loan Cooperative Societies with operation levels I to IV, as well as from the Technical Committee, the Auxiliary Supervision Committee, and the Cooperative Savings Protection Committee, as well as establish the deadlines and means of presentation.
IX. Credit Unions Law:
(3)X. Repealed.
(4) The head of the General Directorate of Analysis and Information will be assisted and aided in the processing and resolution of matters within its competence by the Coordinators of Information Design and Reception, Analysis, Information Exploitation, as well as Data Science and Information Dissemination. Without prejudice to the foregoing, the aforementioned public servants will have delegated the attributes corresponding to the head of the General Directorate to which they are attached and within the scope of their competence, in which case they must observe what is provided in Title Four of the Internal Regulations of the National Banking and Securities Commission.
Article 24.- The General Director of Market Participants Conduct Supervision will have delegated the powers contained in the following legal instruments:
I. Law of the National Banking and Securities Commission:
Likewise, supervise entities that carry out portfolio management activities, providing advisory, promotion, supervision, and, if applicable, decision-making services on behalf and for the account of third parties regarding securities, in accordance with the Securities Market Law, the Law of Credit Institutions, and the Investment Funds Law; and entities that carry out securities intermediation activities, regarding said activity with the general public, sales and investment administration processes, as well as the activity of distributing investment fund shares, in accordance with the Securities Market Law, the Law of Credit Institutions, and the Investment Funds Law.
Article 4, fraction VII. Issue the necessary measures so that investment advisors, entities, and other subjects mentioned in the previous subsection adjust their activities and operations to the laws applicable to them, to the general provisions derived from them, to commercial and stock market practices, and to sound practices of financial markets, within the scope of their competence.
Article 4, fraction XVIII. Request the appearance of alleged offenders and other persons who may contribute to the adequate development in the investigation of acts or facts that contravene what is provided in the Securities Market Law, regarding the matters referred to in the second paragraph of numeral 1) of fraction I of that article, in coordination with the General Directorate of Crimes and Sanctions, or with the General Directorate of Stock Market Legal Affairs, as appropriate.
Article 19. Establish the form and terms in which entities will be obligated to provide the Commission with data, reports, records, minute books, auxiliary records, documents, correspondence, and in general, the information deemed necessary, regarding the entities and subjects indicated in subsection 1) of this fraction.
II. Law of Credit Institutions:
Article 97, first paragraph. Request information and documentation from credit institutions and establish the deadlines and means of their presentation.
Article 117, first, third, seventh, antepenultimate, and penultimate paragraphs. Supervise credit institutions that carry out portfolio management activities, providing advisory, supervision, and, if applicable, decision-making services on behalf and for the account of third parties regarding securities, in accordance with the Securities Market Law, as well as those that carry out securities intermediation activities, regarding said activity with the general public, and of the sales and investment administration processes, subject to what is provided in the Law of the National Banking and Securities Commission, the respective Regulations, and other applicable provisions, for which it may conduct inspection visits so that credit institutions adjust to compliance with the provisions that govern them and to sound practices in the matter. Likewise, it may request the information and documentation required to be able to fulfill its surveillance function, as well as formulate observations and order the adoption of measures aimed at correcting the irregular facts, acts, or omissions detected as a result of said functions, in terms of that Law.
(1) 3) Article 136, first paragraph. Specify the manner and terms in which multiple banking institutions and other natural or legal persons to whom information and documentation are requested must comply with their requirements.
III. Securities Market Law:
IV. Investment Funds Law:
V. Law for the Protection and Defense of Users of Financial Services:
(4) The head of the General Directorate of Market Participants Conduct Supervision shall be assisted and supported for the processing and resolution of matters within their competence, by the Coordinators of Market Participants Conduct Supervision A and B, as well as those of Market Participants Investigations A and B. Without prejudice to the foregoing, the aforementioned public servants shall have delegated the attributes corresponding to the head of the General Directorate within their area of competence, in which case they must observe what is provided in Title Four of the Internal Regulations of the National Banking and Securities Commission in everything that is applicable.
Article 25.- The General Director of Regulatory Development shall have delegated the powers contained in the following legal provisions:
I. Law of the National Banking and Securities Commission:
II. Law to Regulate Financial Groups:
III. Credit Institutions Law:
IV. Securities Market Law:
V. Popular Savings and Credit Law:
VI. Law to Regulate the Activities of Savings and Loan Cooperative Societies:
VII. Credit Unions Law:
VIII. Investment Funds Law:
(4) The head of the General Directorate of Regulatory Development shall be assisted and supported for the processing and resolution of matters within their competence, by the Coordinators of Accounting Regulation, Prudential Regulation A and B, Structural Regulation, as well as that of Stock Market Regulation. Without prejudice to the foregoing, the aforementioned public servants shall have delegated the attributes corresponding to the head of the General Directorate to which they are attached and within their area of competence, in which case they must observe what is provided in Title Four of the Internal Regulations of the National Banking and Securities Commission in everything that is applicable.
Article 26.- The General Director of International Affairs shall have delegated the powers contained in the following legal provisions:
I. Law of the National Banking and Securities Commission:
II. Law to Regulate Financial Groups:
III. Credit Institutions Law:
IV. Securities Market Law:
V. Investment Funds Law:
VI. General Law of Auxiliary Organizations and Credit Activities:
VII. Popular Savings and Credit Law:
VIII. Law to Regulate the Activities of Savings and Loan Cooperative Societies:
IX. Credit Unions Law:
X. Law to Regulate Credit Information Societies:
(4) The head of the General Directorate of International Affairs shall be assisted and supported for the processing and resolution of matters within their competence, by the Coordinators of International Cooperation and Information Exchange, of Stock Market and International Financial Bodies, as well as of Banking and International Financial Bodies. Without prejudice to the foregoing, the aforementioned public servants shall have delegated the attributes corresponding to the head of the General Directorate to which they are attached and within their area of competence, in which case they must
observe what is provided in Title Four of the Internal Regulations of the National Banking and Securities Commission in all that is applicable.
Article 27.- The General Director for Access to Financial Services shall have delegated the powers contained in the following legal instruments:
I. Law of the National Banking and Securities Commission:
Article 4, fraction VIII. Act as a consultative body of the Federal Government on financial matters.
Article 19. Specify the form and terms under which entities are obligated to provide data, reports, records, minute books, auxiliary documents, correspondence, and in general, any information deemed necessary, within the scope of their competence.
(4) The Head of the General Directorate for Access to Financial Services shall be assisted by the Coordinators for Access to Financial Services A and B in the processing and resolution of matters within their competence. Without prejudice to the foregoing, the aforementioned public servant shall have delegated the attributions corresponding to the Head of the General Directorate within the scope of their competence, in which case they must observe what is provided in Title Four of the Internal Regulations of the National Banking and Securities Commission in all that is applicable.
Article 28.- The General Director for Crimes and Sanctions shall have delegated the powers contained in the following legal instruments:
I. Law of the National Banking and Securities Commission:
Article 4, fraction VII. Issue the necessary measures for entities to adjust their activities and operations to the laws applicable to them, to the general provisions derived from them, and to commercial, banking, and stock market usages and to the sound practices of financial markets.
Article 4, fraction VIII. Act as a consultative body of the Federal Government on financial matters.
Article 4, fraction XVIII. Investigate acts or facts that contravene what is provided in the Securities Market Law, for which visits may be conducted regarding such acts or facts, as well as summon, request information, or request the appearance of alleged infringers and other persons who may contribute to the proper development of the investigation, within the scope of their competence.
Article 4, fraction XIX. Cooperate with the Public Ministry regarding crimes provided for in laws related to the financial system.
Article 8. Request the assistance of the public force to effectively comply with closure resolutions, administrative or managerial interventions.
Article 16, fraction I. Be responsible for the legal representation of the Commission, to intervene in judicial or administrative proceedings in which the Commission is a party or may be affected, in accordance with Article 17 of that Law, as well as to issue certifications. In the exercise of these powers, they will have the legal representation of the Commission to notify the administrative acts issued or signed by it, adhering to what is provided in Articles 4, and 165 to 176 of the Law to Regulate Financial Groups; 6 and 110 Bis 2 to 110 Bis 14 of the Credit Institutions Law; 5 and 399 to 411 of the Securities Market Law; 3 and 87 Bis 2 to 87 Bis 14 of the Investment Funds Law; 10 and 101 Bis 3 to 101 Bis 15 of the General Law of Organizations and Auxiliary Credit Activities; 8 and 146 to 158 of the Popular Savings and Credit Law; 5 and 120 to 132 of the Law to Regulate the Activities of Savings and Loan Cooperative Societies; 4 of the Law to Regulate Credit Information Societies, as well as 8 and 133 to 145 of the Credit Unions Law.
Article 16, second-to-last paragraph. Notify the agreements of the Board of Directors regarding the entities referred to in fraction I of Article 4 of that Law and other natural and legal persons when they carry out activities provided for in financial laws.
Article 19. Specify the form and terms under which entities are obligated to provide the Commission with data, reports, records, minute books, auxiliary documents, correspondence, and in general, any information deemed necessary.
II. Law to Regulate Financial Groups:
Article 9. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding, in any case, half of the deadline originally provided in the applicable provisions, when the matter so requires and they have no knowledge that third parties' rights are prejudiced.
Article 96, fraction III. Require the appearance of partners, representatives, and other employees of legal entities that provide external audit services.
Article 103. Request from controlling societies of financial groups and sub-controlling societies, data, reports, records, minute books, auxiliary documents, correspondence, and in general, any information deemed necessary.
Article 104, first paragraph. Investigate, in the administrative sphere, acts or facts that presumably constitute or may come to constitute an infringement of what is provided in that Law or the general provisions derived from it. For this purpose, it may exercise the acts contemplated in the aforementioned article, within the scope of its competence.
Article 141, third paragraph. Obtain the means of proof considered necessary related to administrative procedures that, according to that Law, it is competent to process, being able to agree on the admissibility of offered proofs, as well as reject proofs proposed by interested parties when they are not offered in accordance with the law, do not relate to the substance of the matter, are inappropriate, unnecessary, or contrary to morality and the law.
Article 143, fraction I. Grant a hearing to alleged infringers so that within a period of ten business days, counted from the business day following that in which the corresponding notification takes effect, they express in writing what is in their interest, offer proofs, and formulate arguments, as well as extend once the deadline referred to in that fraction, up to the same period, at the request of the party and considering the particular circumstances of the case.
Article 150. Make known to the general public, through the Commission's Internet portal, and adhering to the guidelines approved by the Board of Directors of the National Banking and Securities Commission, the sanctions imposed for infringements of that Law or the provisions emanating from it, complying with what is stated in said article, to safeguard the exercise of the right of access to government public information. In any case, if the imposed sanction is left without effect by some competent authority, such circumstance must also be published.
Article 161, first paragraph. Give an opinion to the Ministry of Finance and Public Credit, for the purposes of the request that corresponds to make to that Department, in the cases provided for in that article, so that criminal proceedings are taken for the crimes referred to in that Law.
Article 164, first paragraph. Specify the form and terms under which financial entities and natural or legal persons to whom information is requested must comply with their requirements.
Article 164, second and third paragraphs. Use the means of coercion referred to in said article, and in the event that this is insufficient, request that the competent authority proceed against the rebel for disobedience to a legitimate mandate of a competent authority.
III. Credit Institutions Law:
Article 5 Bis 3. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding, in any case, half of the deadline originally provided in the applicable provisions, when the matter so requires and they have no knowledge that third parties' rights are prejudiced.
Article 97, first paragraph. Request information and documentation from credit institutions and establish the deadlines and means of their presentation.
Article 101 Bis 1, fraction III. Require the appearance of partners, representatives, and other employees of the legal entities referred to in said article.
Article 104, first paragraph. Order the immediate suspension of operations or proceed to the closure of the negotiation, company, or establishment of the natural or legal person who is carrying out operations in contravention of what is provided by Articles 2nd or 103 of that Law, or acts as a trustee without being authorized to do so by law.
Article 107 Bis, fraction I. Grant a hearing to alleged infringers so that within a period of ten business days, counted from the business day following that in which the corresponding notification takes effect, they express in writing what is in their interest, offer proofs, and formulate arguments, as well as extend once the deadline referred to in that fraction, up to the same period, at the request of the party and considering the particular circumstances of the case.
Article 109 Bis, third paragraph. Obtain the means of proof considered necessary, as well as agree on the admissibility of offered proofs, as well as reject proofs provided by interested parties when they are not offered in accordance with the law, do not relate to the substance of the matter, are inappropriate, unnecessary, or contrary to morality or the law.
Article 109 Bis 8. Make known to the general public, through the Commission's Internet portal, and adhering to the guidelines approved by the Board of Directors of the National Banking and Securities Commission, the sanctions imposed for infringements of that Law or the provisions emanating from it, complying with what is stated in said article, to safeguard the exercise of the right of access to government public information. In any case, if the imposed sanction is left without effect by some competent authority, such circumstance must also be published.
Article 115. Give an opinion to the Ministry of Finance and Public Credit, for the purposes of the request that corresponds to make to that Department, in the cases provided for in Articles 111 to 114 Bis 4, so that criminal proceedings are taken for the crimes referred to in the same article.
Article 117, third paragraph. Investigate facts, acts, or omissions from which a violation of that Law and other provisions derived from it may be presumed, within the scope of their competence. This power shall be exercised jointly with the General Directorates of supervision that are competent.
Article 136, first and second paragraphs. Specify the form and terms under which multiple banking institutions and other natural or legal persons to whom information and documentation is requested must comply with their requirements, to enforce their determinations regarding the subjects regulated by that law, they may employ, indistinctly, the means of coercion indicated in the fractions of the cited article.
Article 136, second and third paragraphs. Use the means of coercion referred to in said article, and in the event that this is insufficient, request that the competent authority proceed against the rebel for disobedience to a legitimate mandate of a competent authority.
IV. Securities Market Law:
Article 192, last paragraph. Request from stock exchanges all kinds of information and documentation related to the operations they conclude and services they provide.
Article 217, third paragraph. Proceed to the closure of stock exchange offices, prior to granting the right to a hearing, in the event that these entities open or change their offices without giving the relative notice, or in their operation and functioning contravene what is provided in that article.
Article 354, fraction III. Require the appearance of partners, representatives, and other employees of the entities referred to in Articles 159 last paragraph, 214 last paragraph, 250 last paragraph, and 281 last paragraph of that Law.
Article 355 in relation to fractions III of Articles 352, 353, and 354. Investigate, in the administrative sphere, acts or facts that presumably constitute or may come to constitute an infringement of what is provided in that Law or the general provisions emanating from it, or to verify compliance with said Law and provisions, in the terms contemplated in the article itself, within the scope of their competence. For this purpose, it may exercise the acts contemplated in said article, within the scope of its competence. This power shall be exercised jointly with the General Directorates of supervision that are competent.
Article 356, first paragraph. Participate in the processing of the appearances referred to in that Law, for which it may formulate the questions it deems pertinent, in which case the appearing parties must respond, under oath, to the questions posed to them.
Article 360, first paragraph. Specify the form and terms under which financial entities, issuers, and other natural or legal persons to whom information and documentation is requested must comply with their requirements.
Article 360, second and last paragraphs. Use the means of coercion referred to in said article, and in the event that this is insufficient, request that the competent authority proceed against the rebel for disobedience to a legitimate mandate of a competent authority.
Article 364, second-to-last paragraph. Provide to the judicial authority that knows of proceedings on insider information all necessary documentation for the instruction of these.
Article 388, first, second, and third paragraphs. Give an opinion to the Ministry of Finance and Public Credit for the purposes of the request that corresponds to make to that Department, in the cases provided for in that article, so that criminal proceedings are taken for the crimes provided for in that Law, as well as abstain from issuing the opinion, in the situations indicated in that article and inform the mentioned Ministry about its determination in these cases.
Article 389, third paragraph. Obtain the means of proof considered necessary related to administrative procedures that, according to that Law, it is competent to process, being able to agree on the admissibility of offered proofs, as well as reject proofs proposed by interested parties when they are not offered in accordance with the law, do not relate to the substance of the matter, are inappropriate, unnecessary, or contrary to morality and the law.
Article 391, fraction I. Grant a hearing to alleged infringers so that within a period of ten business days, counted from the business day following that in which the corresponding notification takes effect, they express in writing what is in their interest, offer proofs, and formulate arguments, as well as extend once the deadline referred to in that fraction, up to the same period, at the request of the party and considering the particular circumstances of the case.
Article 391 Bis. Make known to the general public through the Commission's Internet portal, and adhering to the guidelines approved by the Board of Directors of the National Banking and Securities Commission, the sanctions imposed for infringements of the Securities Market Law or the provisions emanating from it, complying with what is stated in said article, to safeguard the exercise of the right of access to government public information. In any case, if the imposed sanction is left without effect by some competent authority, such circumstance must also be published.
Article 397. Resolve the complaint procedures referred to in that provision.
Article 415, first paragraph. Order infringers to immediately cease using expressions improperly used as provided in that article, as well as decree the necessary measures for it.
Article 421. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding in any case half of the deadline originally provided in the applicable provisions, when the matter so requires and they have no knowledge that third parties' rights are prejudiced.
V. Investment Funds Law:
Article 80 Bis 1, fraction III. Require the appearance of partners, representatives, and other employees of the legal entities referred to in said article.
Article 81, first and second paragraphs. Investigate, in the administrative sphere, acts or facts that presumably constitute or may come to constitute an infringement of what is provided in that Law or the general provisions derived from it, or to verify compliance with said Law and other general provisions emanating from it, in the terms contemplated in the article itself. For this purpose, it may exercise the acts contemplated in the aforementioned article, within the scope of its competence. This power shall be exercised jointly with the General Directorates of supervision that are competent.
Article 81, third paragraph. Participate in the processing of the appearances referred to in fraction III of that article, for which it may formulate the questions it deems pertinent, in which case the appearing parties must respond, under oath, to the questions posed to them.
Article 81 Bis, first paragraph. Specify the form and terms under which persons to whom information is requested must comply with their requirements.
Article 81 Bis, second and third paragraphs. Use the means of coercion referred to in said article, and in the event that this is insufficient, request that the competent authority proceed against the rebel for disobedience to a legitimate mandate of a competent authority.
Article 84, fraction I. Grant a hearing to alleged infringers so that within a period of ten business days, counted from the business day following that in which the corresponding notification takes effect, they express in writing what is in their interest, offer proofs, and formulate arguments, as well as extend once the deadline referred to in that fraction, up to the same period, at the request of the party and considering the particular circumstances of the case.
Article 84 Bis, third paragraph. Obtain the means of proof considered necessary, as well as agree on the admissibility of offered proofs, as well as reject proofs provided by interested parties when they are not offered in accordance with the law, do not relate to the substance of the matter, are inappropriate, unnecessary, or contrary to morality or the law.
Article 86, fraction I. Close the respective negotiation of the person who infringes what is provided in the first paragraph of Article 5 Bis of that Law, until their name is changed.
Article 86 Bis 2. Make known to the general public through the Commission's Internet portal and adhering to the guidelines approved by the Board of Directors of the National Banking and Securities Commission, the sanctions imposed for infringements of that Law or the provisions emanating from it, complying with what is stated in said article, to safeguard the exercise of the right of access to government public information. In any case, if the imposed sanction is left without effect by some competent authority, such circumstance must also be published.
Article 92. Give an opinion to the Ministry of Finance and Public Credit for the purposes of the request that corresponds to make to that Department, so that criminal proceedings are taken for the crimes referred to in the Investment Funds Law, as well as abstain from issuing the opinion, in the situations indicated in that article and inform the mentioned Ministry about its determination in these cases.
Article 96. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding in any case half of the deadline originally provided in the applicable provisions, when the matter so requires and they have no knowledge that third parties' rights are prejudiced.
VI. General Law of Organizations and Auxiliary Credit Activities:
Article 5 Bis 3. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding in any case half of the deadline originally provided in the applicable provisions, when the matter so requires and they have no knowledge that third parties' rights are prejudiced.
Article 51-A. Request information and documentation from auxiliary credit organizations, exchange houses, exchange centers, and money transmitters and establish the deadlines for their presentation.
Article 57-A. Require the appearance of the legal representative or competent official of auxiliary credit organizations or exchange houses, considering the nature of the functions they perform, in order to clarify relevant facts that cannot be accredited with the documentation of the visited society in question.
Article 63, third paragraph. Grant the right to a hearing to auxiliary credit organizations and exchange houses, prior to suspending or limiting in part the celebration of operations referred to in that Law, when such activities fall under any of the situations indicated in that article. This power shall be exercised by analyzing and ruling on the legality of the acts subject to their competence.
Article 64, first paragraph. Order the immediate suspension of operations or proceed to the closure of the negotiation, company, or establishment of the natural or legal person who is carrying out operations reserved for auxiliary credit organizations or exchange houses without the authorization of the Ministry of Finance and Public Credit.
Article 64, second and third paragraphs. Notify the natural person or the legal representative of the legal entity that is carrying out operations reserved for currency exchanges or money transmitters without the registration referred to in Article 81-B of that Law, in order to immediately suspend the carrying out of the aforementioned reserved activities; if the suspension of activities is not carried out, the closure of the business, company, or establishment of the natural or legal person in question may be ordered.
Article 64, fourth paragraph. Order the immediate suspension of operations or close down currency exchanges or money transmitters that are carrying out operations in contravention of what is provided in that Law, regardless of the cancellation of the registration in terms of Article 81-D of that Law.
Article 64, fifth paragraph. Order the credit institutions, brokerage houses, and currency exchanges with which the legal persons referred to in the preceding paragraphs operate, to suspend or cancel the contracts they have entered into with said legal persons and to refrain from carrying out new operations. This power shall be exercised by analyzing and adjudicating on the legality of the acts subject to its competence.
Article 65-A. Request the assistance of the public force to effectively enforce resolutions of closure, administrative intervention, managerial intervention, and others contemplated in that Law.
Article 87-D, sixth paragraph, in relation to 65-A. Request the assistance of the public force to effectively enforce resolutions of closure, administrative intervention, managerial intervention, and others contemplated in that Law, with respect to the multiple-object financial societies regulated as referred to in the fourth paragraph of Article 87-B of that Law.
Article 88 Bis, fraction I. Grant a hearing to alleged offenders so that within a period of ten business days, counted from the business day following that on which the corresponding notification takes effect, they may manifest in writing what is in their interest, offer evidence, and make arguments, as well as extend once the period referred to in that fraction, for up to the same period, at the request of the party and considering the particular circumstances of the case.
Article 88 Bis 4, third paragraph. Obtain the means of proof that it considers necessary, as well as rule on the admissibility of the evidence offered, and reject the evidence provided by the interested parties when it was not offered in accordance with the law, has no relation to the merits of the case, is inappropriate, unnecessary, or contrary to morality or the law.
Article 89 Bis 3. Make known to the general public through the Commission's Internet portal and in accordance with the guidelines approved by the Board of Directors of the National Banking and Securities Commission, the sanctions imposed for infractions to that Law or to the provisions emanating from it, complying with what is stated in said article, to protect the exercise of the right of access to government public information. In any case, if the imposed sanction is rendered void by any competent authority, such circumstance must also be published.
Article 95, first paragraph. Give an opinion to the Ministry of Finance and Public Credit for the purposes of the request that corresponds to be made to that Department, so that criminal proceedings are initiated for the crimes referred to in the same article.
VII. Popular Savings and Credit Law:
Article 120, third paragraph. Investigate facts, acts, or omissions from which a violation of that Law and other provisions derived from it may be presumed, within the scope of its competence. This power shall be exercised jointly with the General Directorates of supervision that are competent.
Article 122, fourth paragraph. Grant a hearing to the interested party and the representative of the popular financial society, Federation, or Protection Fund, as applicable, for the purposes indicated in said article.
Article 122 Bis, second paragraph. Request information and documentation from popular financial societies, as well as the Federations and the Technical Committee and the Administrator of the Savings Protection System, as well as establish the deadlines and means of presentation.
Article 124 bis 1. Extend the deadlines established in that Law, at the request of the interested party, provided that such extension does not exceed in any case half of the period originally provided in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 129, last paragraph. Obtain the means of proof that it considers necessary, as well as rule on the admissibility of the evidence offered, and reject the evidence provided by the interested parties when it was not offered in accordance with the law, has no relation to the merits of the case, is inappropriate, unnecessary, or contrary to morality or the law.
Article 131, fraction I. Grant a hearing to alleged offenders so that within a period of ten business days, counted from the business day following that on which the corresponding notification takes effect, they may manifest in writing what is in their interest, offer evidence, and make arguments, as well as extend once the period referred to in that fraction, for up to the same period, at the request of the party, for which it will consider the particular circumstances of the case.
Article 136. Make known to the general public, through the Commission's Internet portal, and in accordance with the guidelines approved by the Board of Directors of the National Banking and Securities Commission, the sanctions imposed for infractions to that Law or to the provisions emanating from it, complying with what is stated in said article, to protect the exercise of the right of access to government public information. In any case, if the imposed sanction is rendered void by any competent authority, such circumstance must also be published.
Article 136 Bis 7. Give an opinion to the Ministry of Finance and Public Credit, for the purposes of the request that corresponds to be made to that Department, in the cases provided for in Articles 136 Bis 8 to 143 of that Law.
Article 145 Bis. Order the immediate suspension of operations or proceed to the closure of the business, company, or establishment of the natural or legal person that is carrying out operations in contravention of what is provided by Article 7 of that Law, or acts as a trustee without being authorized to do so by law.
VIII. Law for Regulating the Activities of Savings and Loan Cooperative Societies:
Article 35, fraction III. Require the appearance of members, representatives, and other employees of the legal persons referred to in said article.
Article 62, third paragraph. Investigate facts, acts, or omissions from which a violation of that Law and other provisions derived from it may be presumed, within the scope of its competence. This power shall be exercised jointly with the General Directorates of supervision that are competent.
Article 66, fourth paragraph. Grant a hearing to the interested party and the representative of the savings and loan cooperative society or Protection Fund, as applicable, for the purposes indicated in said article.
Article 70, second paragraph. Request information and documentation from savings and loan cooperative societies with operation levels I to IV, as well as from the Technical Committee, the Auxiliary Supervision Committee, and the Cooperative Savings Protection Committee, as well as establish the deadlines and means of presentation.
Article 74. Extend the deadlines established in that Law, at the request of the interested party, provided that such extension does not exceed, in any case, half of the period originally provided in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 97, last paragraph. Obtain the means of proof that it considers necessary, as well as rule on the admissibility of the evidence offered, and reject the evidence provided by the interested parties when it was not offered in accordance with the law, has no relation to the merits of the case, is inappropriate, unnecessary, or contrary to morality or the law.
Article 99, fraction I. Grant a hearing to alleged offenders so that within a period of ten business days, counted from the business day following that on which the corresponding notification takes effect, they may manifest in writing what is in their interest, offer evidence, and make arguments, as well as extend once the period referred to in that fraction, for up to the same period, at the request of the party, for which it will consider and, considering the particular circumstances of the case.
Article 105. Make known to the general public, through the Commission's Internet portal, and in accordance with the guidelines approved by the Board of Directors of the National Banking and Securities Commission, the sanctions imposed for infractions to that Law or to the provisions emanating from it, complying with what is stated in said article, to protect the exercise of the right of access to government public information. In any case, if the imposed sanction is rendered void by any competent authority, such circumstance must also be published.
Article 109, first paragraph. Give an opinion to the Ministry of Finance and Public Credit, for the purposes of the request that corresponds to be made to that Department, in the cases provided for in Articles 110 to 117 of that Law.
Article 119 Bis. Order the immediate suspension of operations or proceed to the closure of the business, company, or establishment of the natural or legal person that is carrying out operations in contravention of what is provided by Article 4 of that Law.
IX. Credit Unions Law:
Article 11. Extend the deadlines established in that Law, at the request of the interested party, provided that such extension does not exceed in any case half of the period originally provided in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 69, fraction III. Require the appearance of members, representatives, and other employees of the legal persons referred to in said article.
Article 78, first paragraph. Request information and documentation from credit unions and establish the deadlines and means of their presentation.
Article 96. Specify the form and terms in which compliance with its requirements must be given, as well as employ the means of coercion referred to in said article, and in the event that this is insufficient, request the competent authority to proceed against the rebel for disobedience to a legitimate mandate of a competent authority.
Article 107, first paragraph. Order the immediate suspension of operations or proceed to the closure of the business, company, or establishment of the natural or legal person that is carrying out operations reserved for credit unions, without the corresponding authorization.
Article 108, last paragraph. Obtain the means of proof that it considers necessary and rule on the admissibility of the evidence offered, as well as reject the evidence provided by the interested parties when it was not offered in accordance with the law, has no relation to the merits of the case, is inappropriate, unnecessary, or contrary to morality or the law.
Article 110, fraction I. Grant a hearing to alleged offenders so that within a period of ten business days, counted from the business day following that on which the corresponding notification takes effect, they may manifest in writing what is in their interest, offer evidence, and make arguments, as well as extend once the period referred to in that fraction, for up to the same period, at the request of the party, for which it will consider and, considering the particular circumstances of the case.
Article 116. Make known to the general public, through the Commission's Internet portal, and in accordance with the guidelines approved by the Board of Directors of the National Banking and Securities Commission, the sanctions imposed for infractions to that Law or to the provisions emanating from it, complying with what is stated in said article, to protect the exercise of the right of access to government public information. In any case, if the imposed sanction is rendered void by any competent authority, such circumstance must also be published.
Article 120, first paragraph. Give an opinion to the Ministry of Finance and Public Credit, for the purposes of the request that corresponds to be made to that Department, in the cases provided for in Articles 121 to 128, so that criminal proceedings are initiated for the crimes referred to in the same article.
X. Law for Regulating Credit Information Societies:
Article 17, second paragraph. Request information and documentation from credit institutions and establish the deadlines and means of their presentation.
Article 30, penultimate paragraph. Request from financial entities whose supervision corresponds to the National Banking and Securities Commission, the exhibition of the authorizations of the clients regarding whom they have requested information from credit information societies.
XI. Law for the Transparency and Ordering of Financial Services:
XII. Law of the National Institute for the Consumption of Workers' Fund:
(4) The Head of the General Directorate of Crimes and Sanctions shall be assisted and aided in the processing and resolution of matters within its competence by the Coordinators of Crimes A and B, as well as those of Administrative Sanctions A, B, and C. Without prejudice to the foregoing, the aforementioned public servants shall have delegated the attributes corresponding to the Head of the General Directorate to which they are attached and within the scope of their competence, in which case they must observe what is provided in Title Four of the Internal Regulations of the National Banking and Securities Commission in all that is applicable.
Article 29.- The General Director of Litigation shall have delegated the powers contained in the following legal instruments:
I. National Banking and Securities Commission Law:
Article 4, fraction XXI. Intervene in liquidation procedures of entities, in accordance with the law, jointly with the Vice Presidencies of Supervision and General Directorates that correspond.
Article 16, fraction I. Be in charge of the legal representation of the Commission, to intervene in judicial, administrative, or labor proceedings in which the Commission is a party or may be affected, in terms of Article 17 of that Law, as well as to issue certifications. In the exercise of these powers, it will have the legal representation of the Commission to notify the administrative acts that it issues or signs, complying with what is provided in Articles 4 and 165 to 176 of the Law for Regulating Financial Groups; 6 and 110 Bis 2 to 110 Bis 14 of the Credit Institutions Law; 5 and 399 to 411 of the Securities Market Law; 3 and 87 Bis 2 to 87 Bis 14 of the Investment Funds Law; 10 and 101 Bis 3 to 101 Bis 15 of the General Law of Organizations and Auxiliary Credit Activities; 8 and 146 to 158 of the Popular Savings and Credit Law; 5 and 120 to 132 of the Law for Regulating the Activities of Savings and Loan Cooperative Societies; 4 of the Law for Regulating Credit Information Societies, as well as 8 and 133 to 145 of the Credit Unions Law.
Article 16, penultimate paragraph. Notify the agreements of the Board of Directors, with respect to the entities referred to in fraction I of Article 4 of that Law.
Article 19. Specify the form and terms in which entities are obliged to provide the Commission with data, reports, records, minute books, auxiliaries, documents, correspondence, and in general, the information it deems necessary.
II. Law for Regulating Financial Groups:
Article 9. Extend the deadlines established in that Law, at the request of the interested party, provided that such extension does not exceed, in any case, half of the period originally provided in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 85, first paragraph. Give an opinion to the Ministry of Finance and Public Credit for the purposes of revoking the authorization for controlling societies to maintain, directly or indirectly, the investments referred to in said article, if in its opinion, it considers that it has not complied with the applicable provisions. This power shall be exercised by analyzing the motivation and justification of the acts subject to its competence.
Article 103. Request from the controlling societies of financial groups and sub-controlling societies, the data, reports, records, minute books, auxiliaries, documents, correspondence, and in general, the information it deems necessary.
Article 123, first paragraph. Give an opinion to the Ministry of Finance and Public Credit for the purposes of revoking the authorization granted for the organization of the controlling society and the constitution and functioning of the financial group, in the cases referred to in said article. This power shall be exercised by analyzing the motivation and justification of the acts subject to its competence.
Article 126, fraction I, third paragraph. Oppose the Commission's veto regarding the appointment of the person who holds the position of liquidator, in the cases referred to in said article, within the scope of its competence.
Article 126, fraction III, second paragraph. Carry out the designation of the liquidator, when the dissolution and liquidation of the society in question is a consequence of the revocation of its authorization in the cases provided for in Article 123 of that Law.
Article 126, fraction V. Request the declaration of commercial bankruptcy of a society, when there are elements that may update the conditions for the declaration of commercial bankruptcy.
Article 126, fraction VI. Request that the procedure begin in the bankruptcy stage, or the early termination of the conciliation stage, in which case the judge will declare bankruptcy.
Article 126, fraction VII. Designate the conciliator or trustee in accordance with what is provided in said article.
Article 126, fourth paragraph. Make known to the judge the impossibility of carrying out the liquidation of the society, for the purposes indicated in said article.
Article 161, first paragraph. Give an opinion to the Ministry of Finance and Public Credit, for the purposes of the request that corresponds to be made to that Department, in the cases provided for in said article, so that criminal proceedings are initiated for the crimes referred to in that Law, within the scope of its competence.
Article 164, first paragraph. Specify the form and terms in which financial entities and natural or legal persons to whom it requests information must comply with its requirements.
Article 164, second and last paragraphs. Employ the means of coercion referred to in said article, and in the event that this is insufficient, request the competent authority to proceed against the rebel for disobedience to a legitimate mandate of a competent authority.
III. Credit Institutions Law:
Article 5 Bis 3. Extend the deadlines established in that Law, at the request of the interested party, provided that such extension does not exceed, in any case, half of the period originally provided in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 28, first paragraph. Grant the right of hearing to the affected multiple banking institution for the purposes established in said article. This power shall be exercised by analyzing the motivation and justification of the acts subject to its competence.
Article 29 Bis, first paragraph. Notify the multiple banking institution in question, when it has knowledge that it has incurred in any of the cases provided for in Article 28 of that Law, with the exception of what is provided in fractions II and III of said article, so that it may manifest in writing what is in its right. This power shall be exercised jointly with the competent general directorates of supervision.
Article 50, antepenultimate paragraph. Grant the right of hearing to the affected credit institution for the purposes established in said article. This power shall be exercised by analyzing the motivation and justification of the acts subject to its competence.
Article 97, first paragraph. Request information and documentation from credit institutions and establish the deadlines and means of their presentation.
Article 110, last paragraph. Warn, in writing and only once, the appellant when it does not comply with any of the requirements referred to in fractions I to VI of said article, so that it remedies the warned omission within the three business days following that on which
that the notification of such precaution takes effect, and if the omission is not remedied within the period indicated in this paragraph, it shall be considered not filed. If the evidence is omitted, it shall be considered not offered.
Article 115, first paragraph. Issue an opinion to the Ministry of Finance and Public Credit, for the purposes of the request that corresponds to be made to that Department, in the cases provided for in Articles 111 to 114, so that criminal proceedings are initiated for the offenses referred to in the same article, within its competence.
Article 115, second paragraph. Issue an opinion to the Ministry of Finance and Public Credit, for the purposes of the request that corresponds to be made to that Department, in the cases provided for in Articles 114 Bis 1, 114 Bis 2, 114 Bis 3 and 114 Bis 4, within its competence.
Article 136, first paragraph. Specify the manner and terms in which compliance with its requirements must be given.
Article 136, second and last paragraphs. Use the means of coercion referred to in said article, and in the event that this is insufficient, request the competent authority to proceed against the rebel for disobedience to a legitimate mandate of a competent authority.
Article 145. Issue an opinion to the Federal Board of Conciliation and Arbitration in cases of strike notice for credit institutions.
Article 271, first paragraph. Provide assistance and legal defense services to persons who have served as holders, members of their governing bodies, officials and public servants, with respect to the acts that the aforementioned persons have carried out in the exercise of the functions entrusted to them by law and that relate to what is provided in Article 50 of that Law, as well as in the Second, Third, Fourth and Fifth sections of Chapter I of Title Two, in the Single Chapter of Title Six and in Chapter II of Title Seven of that Law.
IV. Securities Market Law:
Article 153, first paragraph. Grant the right to be heard to brokerage houses for the purposes established in said article. This power shall be exercised by analyzing the motivation and justification of the acts subject to its competence.
Article 158, fraction V. Exercise supervision functions regarding compliance with the procedures referred to in fraction IV of that article, jointly with the Vice Presidencies of Supervision and General Directorates that correspond.
Article 192, last paragraph. Request from brokerage houses all kinds of information and documentation related to the operations they carry out and services they provide to comply with the requirements formulated by competent authorities.
Article 227 Bis, first paragraph. Grant the right to be heard to investment advisors for the purposes established in said article. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 227 Bis, penultimate paragraph. Promote before the judicial authority to appoint the liquidator, if within sixty business days of having notified the cancellation of the registration, it has not been appointed. When it finds that there is impossibility to carry out the liquidation of the investment advisor, it shall make it known to the competent judge so that they order the cancellation of its registration in the Public Commerce Registry.
Article 268, first paragraph. Propose or issue an opinion to the Ministry of Finance and Public Credit for the purposes of revoking the concession to operate stock exchanges. This power shall be exercised by analyzing the motivation and justification of the acts subject to its competence.
Article 298. Propose or issue an opinion to the Ministry of Finance and Public Credit for the purposes of revoking the concession to operate securities depository institutions. This power shall be exercised by analyzing the motivation and justification of the acts subject to its competence.
Article 319. Propose or issue an opinion to the Ministry of Finance and Public Credit for the purposes of revoking the concession to operate central securities counterparties. This power shall be exercised by analyzing the motivation and justification of the acts subject to its competence.
Article 332, first paragraph. Grant the right to be heard to price providers for the purposes established in said article. This power shall be exercised by analyzing the motivation and justification of the acts subject to its competence.
Article 340, first paragraph. Grant the right to be heard to securities rating agencies for the purposes established in said article. This power shall be exercised by analyzing the motivation and justification of the acts subject to its competence.
Article 360, first paragraph. Specify the manner and terms in which financial entities, issuers and other natural or legal persons to whom it requests information and documentation must comply with its requirements.
Article 360, second and last paragraphs. Use the means of coercion referred to in said article, and in the event that this is insufficient, request the competent authority to proceed against the rebel for disobedience to a legitimate mandate of a competent authority.
Article 361, first paragraph. Request support from federal authorities and security or police forces, for the purposes provided in Article 360 of that Law.
Article 364, penultimate paragraph. Provide the judicial authority hearing processes involving insider information with all necessary documentation for the instruction thereof.
Article 388, first and second paragraphs. Issue an opinion to the Ministry of Finance and Public Credit for the purposes of the request that corresponds to be made to that Department, in the cases provided for in that article, so that criminal proceedings are initiated for the offenses provided for in that Law, as well as abstain from issuing the opinion, in the situations indicated in that article and inform said Ministry of its determination in these cases, within its competence.
Article 389, third paragraph. Gather the evidence it deems necessary for the resolution of review appeals that it is competent to process in accordance with that Law, being able to agree on the admissibility of the evidence offered, as well as reject the evidence proposed by the interested parties when they are not offered in accordance with the law, do not relate to the substance of the matter, are inappropriate, unnecessary or contrary to morality and law.
Article 396. Attend to and process review appeals filed in connection with acts issued by the Commission, which put an end to authorization, registration, suspension, cancellation and imposition of administrative sanctions procedures.
Article 412. Issue an opinion in cases of strike notice and with the aim of not affecting public interests, regarding the availability of cash and securities with respect to securities market intermediaries, stock exchanges, securities depository institutions and central securities counterparties, before the suspension of activities and in terms of the Federal Labor Law, to the effect that the Federal Board of Conciliation and Arbitration provides for what is necessary so that during the strike the indispensable number of offices remains open and workers who are strictly necessary continue to work, in terms of number and functions.
Article 421. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding in any case half of the deadline originally provided for in the applicable provisions, when the matter so requires and they have no knowledge that third parties' rights are prejudiced.
V. Investment Funds Law:
Article 14 Bis 10, fraction I, second and third paragraphs. Veto the appointment of the person who will hold the position of liquidator, when it considers that they do not have sufficient technical quality, honorability and satisfactory credit history for the performance of their functions, do not meet the requirements established for that purpose or have committed serious or repeated infractions to that Law or to the general provisions derived from it; it shall also promote before the judicial authority to appoint the liquidator, if within sixty business days of the revocation being published, it has not been appointed by the investment fund operating society that administers the investment fund, within its competence.
Article 14 Bis 10, fraction II, first and second paragraphs. Appoint the liquidator when the dissolution and liquidation of the investment fund is a consequence of the revocation of its authorization in accordance with what is provided in Article 82 of that Law, as well as appoint the person who will replace them within fifteen calendar days following the date the resignation takes effect, in the event that the appointed liquidator resigns from their position for justified cause.
Article 14 Bis 14, fraction I. Request the declaration of commercial bankruptcy of the respective investment funds, when there are elements that could update the circumstances for the declaration of commercial bankruptcy and the investment fund operating society that administers the investment fund in question does not request it.
Article 14 Bis 14, fraction II. Request, in defense of the interests of creditors, once the commercial bankruptcy of the investment funds has been declared, that the procedure begins at the bankruptcy stage, or the early termination of the conciliation stage, in which case the judge will declare bankruptcy.
Article 14 Bis 14, fraction III. Appoint the person who will hold the position of conciliator or trustee, within a maximum period of ten business days. Such appointment may fall to credit institutions, brokerage houses, the Service for the Administration and Alienation of Assets, or legal or natural persons who meet the requirements provided in Article 14 Bis 11 of that Law.
Article 14 Bis 15. Request the judicial declaration of dissolution and liquidation or commercial bankruptcy of the investment funds.
Article 81 Bis, first paragraph. Specify the manner and terms in which the persons to whom it requests information must comply with its requirements.
Article 81 Bis, second and last paragraphs. Use the means of coercion referred to in said article, and in the event that this is insufficient, request the competent authority to proceed against the rebel for disobedience to a legitimate mandate of a competent authority.
Article 82, first paragraph. Grant the right to be heard to investment funds for the purposes established in said article. This power shall be exercised by analyzing the motivation and justification of the acts subject to its competence.
Article 83, first paragraph. Grant the right to be heard to the societies referred to in Article 33 of that Law for the purposes established in said article. This power shall be exercised by analyzing the motivation and justification of the acts subject to its competence.
Article 83 Bis, fraction I, second and third paragraphs. Veto the appointment of the person who will hold the position of liquidator, when it considers that they do not have sufficient technical quality, honorability and satisfactory credit history for the performance of their functions, do not meet the requirements established for that purpose or have committed serious or repeated infractions to that Law or to the general provisions derived from it; it shall also promote before the judicial authority to appoint the liquidator, if within sixty business days of the revocation being published, it has not been appointed by the societies referred to in Article 33 of that Law, within its competence.
Article 83 Bis, fraction II, first and second paragraphs. Appoint the liquidator when the dissolution and liquidation of the society is a consequence of the revocation of its authorization in accordance with what is provided in Article 83 of that Law, as well as appoint the person who will replace them within fifteen calendar days following the date the resignation takes effect, in the event that the appointed liquidator resigns from their position for justified cause.
Article 83 Bis 4, fraction I. Request the declaration of commercial bankruptcy of a society referred to in Article 33 of that Law, when there are elements that could update the circumstances for the declaration of commercial bankruptcy.
Article 83 Bis 4, fraction II. Request, in defense of the interests of creditors, once the commercial bankruptcy of a society referred to in Article 33 of that Law has been declared, that the procedure begins at the bankruptcy stage, or the early termination of the conciliation stage, in which case the judge will declare bankruptcy.
Article 83 Bis 4, fraction III. Appoint the person who will hold the position of conciliator or trustee, within a maximum period of ten business days. Such appointment may fall to credit institutions, brokerage houses, the Service for the Administration and Alienation of Assets, or legal or natural persons who meet the requirements provided in Article 83 Bis 1 of that Law.
Article 83 Bis 4, fraction IV. Issue an opinion to the judge, for the purposes of the approval indicated in that fraction.
Article 83 Bis 4, fraction V and last paragraph. Exercise supervision functions solely regarding compliance with the procedures cited in the previous fraction; likewise, if it detects any non-compliance, it must make it known to the judge.
Article 92. Issue an opinion to the Ministry of Finance and Public Credit for the purposes of the request that corresponds to be made to that Department, so that criminal proceedings are initiated for the offenses referred to in the Investment Funds Law, as well as abstain from issuing the opinion, in the situations indicated in that article and inform said Ministry of its determination in these cases, within its competence.
Article 96. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding in any case half of the deadline originally provided for in the applicable provisions, when the matter so requires and they have no knowledge that third parties' rights are prejudiced.
VI. General Law of Credit Auxiliary Organizations and Activities:
Article 5 Bis 3. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding in any case half of the deadline originally provided for in the applicable provisions, when the matter so requires and they have no knowledge that third parties' rights are prejudiced.
Article 51-A. Request information and documentation from credit auxiliary organizations, exchange houses, exchange centers and money transmitters and establish the deadlines for their presentation.
Article 65-A. Request the assistance of the public force to effectively enforce closure resolutions, administrative intervention, managerial intervention and others contemplated in that Law.
Article 76. Object to credit auxiliary organizations and exchange houses the use of documentation related to the request and contracting of their operations, in the situations provided for in that article.
Article 78, first paragraph. Issue an opinion to the Ministry of Finance and Public Credit for the purposes of revoking the authorization granted to a credit auxiliary organization, in the situations indicated in that article. This power shall be exercised by analyzing the motivation and justification of the acts subject to its competence.
Article 78, penultimate paragraph. Promote before the judicial authority to appoint the liquidator of credit auxiliary organizations, if within the established period it has not been appointed, as well as make it known to the competent judge, when there is impossibility to carry out the liquidation of the society, so that they order the cancellation of its registration in the Public Commerce Registry.
Article 79, fraction II. Exercise regarding conciliators or trustees and liquidators the surveillance functions that the Commission has attributed in relation to credit auxiliary organizations, jointly with the Vice Presidencies of Supervision and General Directors that correspond.
Article 79, fraction III. Request the declaration of commercial bankruptcy of credit auxiliary organizations in terms of the Commercial Bankruptcy Law, and the declaration of bankruptcy.
Article 81-D, first paragraph. Grant the right to be heard to exchange centers and money transmitters for the purposes established in said article. This power shall be exercised by analyzing the motivation and justification of the acts subject to its competence.
Article 81-D, penultimate paragraph. Promote before the judicial authority to appoint the liquidator, if within the established period it has not been appointed, as well as make it known to the competent judge, when it finds that there is impossibility to carry out the liquidation of the society, so that they order the cancellation of its registration in the Public Commerce Registry.
Article 87, first paragraph. Issue an opinion to the Ministry of Finance and Public Credit for the purposes of revoking the authorization granted to exchange houses, in the situations indicated in that article. This power shall be exercised by analyzing the motivation and justification of the acts subject to its competence.
Article 87, penultimate paragraph. Promote before the judicial authority to appoint the liquidator, if within the established period it has not been appointed, as well as make it known to the competent judge, when there is impossibility to carry out the liquidation of the society, so that they order the cancellation of its registration in the Public Commerce Registry.
Article 87-A Bis, fraction II. Request the declaration of commercial bankruptcy of exchange houses.
Article 87-D, sixth paragraph, in relation to 65-A. Request the assistance of the public force to effectively enforce closure resolutions, administrative intervention, managerial intervention and others contemplated in that Law, with respect to multiple-object financial societies regulated as referred to in the fourth paragraph of Article 87-B of that Law.
Article 87-K, eighth paragraph. Promote before the judicial authority to appoint the liquidator, if within the established period it has not been appointed, as well as make it known to the competent judge so that they order the cancellation of its registration in the Public Commerce Registry.
Article 95, first paragraph. Issue an opinion to the Ministry of Finance and Public Credit for the purposes of the request that corresponds to be made to that Department, so that criminal proceedings are initiated for the offenses referred to in the same article, within its competence.
VII. Popular Savings and Credit Law:
Article 37, first paragraph. Grant the right to be heard to popular financial societies for the purposes established in that article, as well as hear the opinion of the respective Federation. This power shall be exercised by analyzing the motivation and justification of the acts subject to its competence.
Article 37, last paragraph. Promote before the judicial authority to appoint the liquidator of popular financial societies, if within the established period it has not been appointed, as well as make it known to the competent judge, when there is impossibility to carry out the liquidation of the popular financial society, so that they order the cancellation of its registration in the Public Commerce Registry.
Article 46 Bis, first paragraph. Exercise the powers established in Article 37, Title Three, Title Three Bis, as well as Titles Five and Six of that Law with respect to community financial societies with operation levels I to IV and Rural Financial Integration Organizations.
Article 46 Bis 14, first paragraph. Grant the right to be heard to community financial societies with basic operation level for the purposes established in said article. This power shall be exercised by analyzing the motivation and justification of the acts subject to its competence.
Article 46 Bis 14, last paragraph. Promote before the judicial authority to appoint the liquidator of community financial societies with basic operation level if within the established period it has not been appointed, as well as make it known to the competent judge, when there is impossibility to carry out the liquidation of community financial societies with basic operation level, so that they order the cancellation of its registration in the Public Commerce Registry.
Article 60, first and last paragraphs. Grant the right to be heard to the Federations for the purposes established in said article. Likewise, order that the revocation declarations be registered in the Public Commerce Registry and published in the Official Journal of the Federation. The power to grant the right to be heard shall be exercised by analyzing the motivation and justification of the acts subject to its competence.
Article 96, fraction III. Request the declaration of commercial bankruptcy of a popular financial society, requesting that it begin at the bankruptcy stage.
Article 97, second paragraph. Request the judge to implement the necessary precautionary or coercive measures, as well as propose to the judge the appointment, removal or substitution, if applicable, of the trustee of the commercial bankruptcy of a popular financial society.
Article 115 Bis, second paragraph. Grant the right to be heard for the purposes established in that article. This power shall be exercised by analyzing the motivation and justification of the acts within its competence.
Article 122 Bis, second paragraph. Request information and documentation from popular financial societies, as well as the Federations, the Technical Committee, and the Administrator of the Savings Protection System, as well as establish the deadlines and means of submission.
Article 124 Bis 1. Extend the deadlines established in that Law, at the request of the interested party, provided that such extension does not exceed in any case half of the deadline originally provided in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 129, last paragraph. Obtain the means of proof considered necessary, as well as agree on the admissibility of the offered proofs.
Article 136 Bis 7. Provide an opinion to the Secretariat of Finance and Public Credit, for the purposes of the petition that corresponds to be made to that Department, in the cases provided for in articles 136 Bis 8 to 143 of that Law, within the scope of its competence.
VIII. Law to Regulate the Activities of Savings and Loan Cooperative Societies:
Article 70, second paragraph. Request information and documentation from savings and loan cooperative societies with operation levels I to IV, as well as from the Technical Committee, the Auxiliary Supervision Committee, and the Cooperative Savings Protection Committee, as well as establish the deadlines and means of submission.
Article 74. Extend the deadlines established in that Law, at the request of the interested party, provided that such extension does not exceed, in any case, half of the deadline originally provided in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 83, first and second paragraphs. Grant the right to be heard to savings and loan cooperative societies with basic operation levels for the purposes established in said article. This power shall be exercised by analyzing the motivation and justification of the acts within its competence.
Article 83, fourth paragraph. Promote before the judicial authority to appoint the liquidator of savings and loan cooperative societies with basic operation level if, within the established deadline, none has been appointed, as well as make known to the competent judge, when there is impossibility to carry out the liquidation of the savings and loan cooperative society, to order the cancellation of its registration in the Public Commerce Registry.
Article 84, first paragraph. Grant the right to be heard to savings and loan cooperative societies with operation levels I to IV for the purposes established in said article, as well as hear the opinion of the Auxiliary Supervision Committee. This power shall be exercised by analyzing the motivation and justification of the acts within its competence.
Article 84, last paragraph. Promote before the judicial authority to appoint the liquidator of savings and loan cooperative societies with operation levels I to IV, if, within the established deadline, none has been appointed, as well as make known to the competent judge, when there is impossibility to carry out the liquidation of the savings and loan cooperative society, to order the cancellation of its registration in the Public Commerce Registry.
Article 91, fraction III. Request the declaration of commercial bankruptcy of a savings and loan cooperative society, requesting that it start in the bankruptcy stage.
Article 92, second paragraph. Request the judge to implement the necessary precautionary or enforcement measures, as well as propose to the judge the appointment, removal, or substitution, if applicable, of the trustee of the commercial bankruptcy of a savings and loan cooperative society with operation levels I to IV.
Article 97, last paragraph. Obtain the means of proof considered necessary, as well as agree on the admissibility of the offered proofs.
Article 109, first paragraph. Provide an opinion to the Secretariat of Finance and Public Credit, for the purposes of the petition that corresponds to be made to that Department, in the cases provided for in articles 110 to 117 of that Law, within the scope of its competence.
IX. Credit Unions Law:
Article 11. Extend the deadlines established in that Law, at the request of the interested party, provided that such extension does not exceed in any case half of the deadline originally provided in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 48, penultimate paragraph. Grant the right to be heard to the affected credit union for the purposes established in said article. This power shall be exercised by analyzing the motivation and justification of the acts within its competence.
Article 78, first paragraph. Request information and documentation from credit unions and establish the deadlines and means of their submission.
Article 87, second paragraph. Communicate the lifting of the intervention with management character to the person in charge of the Public Commerce Registry who made the annotation referred to in article 85 of that Law, for the purpose of canceling the respective registration.
Article 92. Object at any time to credit unions regarding the use of documentation related to the application and contracting of their operations, in the cases provided for in that article.
Article 96, first paragraph. Specify the form and terms in which credit unions must comply with their requirements.
Article 96, second and third paragraphs. Use the enforcement means referred to in said article, and in the event that this is insufficient, request the competent authority to proceed against the rebel for disobedience to a legitimate mandate of the competent authority.
Article 97, first paragraph. Grant the right to be heard to credit unions for the purposes established in said article. This power shall be exercised by analyzing the motivation and justification of the acts within its competence.
Article 100, fraction II. Promote before the judicial authority the appointment of a liquidator of credit unions, if, within the established deadline, none has been appointed.
Article 100, fraction III. Request the declaration of commercial bankruptcy of credit unions.
Article 102, first paragraph. Make known to the competent judge, when there is impossibility to carry out the liquidation of the society, to order the cancellation of its registration in the Public Commerce Registry.
Article 108, last paragraph. Obtain the means of proof considered necessary and agree on the admissibility of the offered proofs, as well as reject the proofs provided by the interested parties when they were not offered in accordance with the law, do not relate to the substance of the matter, are inappropriate, unnecessary, or contrary to morality or the law.
Article 120, first paragraph. Provide an opinion to the Secretariat of Finance and Public Credit, for the purposes of the petition that corresponds to be made to that Department, in the cases provided for in articles 121 to 128, so that criminal proceedings proceed for the offenses referred to in the same article, within the scope of its competence.
X. Law to Regulate Credit Information Societies:
(4) The Head of the General Litigation Directorate shall be assisted and supported in the processing and resolution of matters within its competence by the Legal Coordinators of Procedures A, B, and C. Without prejudice to the foregoing, the aforementioned public servants shall have delegated the attributes corresponding to the Head of the General Directorate to which they are attached and within the scope of their competence, in which case they must observe what is provided in Title Four of the Internal Regulations of the National Banking and Securities Commission in all that is applicable.
Article 30.- The General Director of Investigation Visits shall have delegated the powers contained in the following legal orders:
I. Law of the National Banking and Securities Commission:
Article 4, fraction XVI. Investigate those acts of natural persons, as well as legal entities that, not being entities of the financial sector, suggest the performance of operations violating the laws governing said entities, being able to order inspection visits to the presumed responsible parties for this purpose.
Article 4, fraction XVII. Order the suspension of operations of the negotiation, company, or establishments of natural persons or legal entities that, without the corresponding authorization, carry out activities that require it in terms of the provisions regulating entities of the financial sector, or proceed to the closure of their offices.
Article 4, fraction XVIII. Investigate acts or facts that contravene what is provided in the Securities Market Law, for which information may be requested or the appearance of presumed infringers and other persons who may contribute to the adequate development of the investigation may be requested, within the scope of its competence.
Article 8. Request the assistance of the public force to carry out inspection visits in terms of fraction XVI of article 4 of that Law.
Article 16, fraction I. Have the legal representation of the Commission in charge, to intervene in judicial or administrative proceedings in which the Commission is a party or may be affected, in terms of article 17 of that Law, as well as to issue certifications. In the exercise of these powers, it will have the legal representation of the Commission to notify the administrative acts that it issues or signs, adjusting to what is provided in articles 4, and 165 to 176 of the Law to Regulate Financial Groups; 6 and 110 Bis 2 to 110 Bis 14 of the Credit Institutions Law; 5 and 399 to 411 of the Securities Market Law; 3 and 87 Bis 2 to 87 Bis 14 of the Investment Funds Law; 10 and 101 Bis 3 to 101 Bis 15 of the General Law of Auxiliary Credit Organizations and Activities; 8 and 146 to 158 of the Popular Savings and Credit Law; 5 and 120 to 132 of the Law to Regulate the Activities of Savings and Loan Cooperative Societies; 4 of the Law to Regulate Credit Information Societies, as well as 8 and 133 to 145 of the Credit Unions Law.
II. Law to Regulate Financial Groups
Article 9. Extend the deadlines established in that Law, at the request of the interested party, provided that such extension does not exceed in any case half of the deadline originally provided in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 141, third paragraph. Obtain the means of proof considered necessary, as well as agree on the admissibility of the offered proofs.
Article 164, second and third paragraphs. Use the enforcement means referred to in said article, and in the event that this is insufficient, request the competent authority to proceed against the rebel for disobedience to a legitimate mandate of the competent authority.
III. Credit Institutions Law:
Article 5 Bis 3. Extend the deadlines established in that Law, at the request of the interested party, provided that such extension does not exceed in any case half of the deadline originally provided in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 104, first paragraph. Appoint an inspector and the necessary assistants to review the accounting and other documentation of the negotiation, company, or establishment of the natural or legal person, in order to verify if it is indeed carrying out operations in contravention of what is provided by articles 2 and 103 of that Law, or acts as a trustee without being authorized to do so by law, in which case, the National Banking and Securities Commission may order the immediate suspension of operations or proceed to the closure of the negotiation, company, or establishment of the natural or legal person in question.
Article 107 Bis, fraction I. Grant a hearing to presumed infringers so that within a period of ten business days, counted from the business day following that on which the corresponding notification takes effect, they manifest in writing what is in their interest, offer proofs, and formulate arguments, as well as extend once the deadline referred to in that fraction, for the same period, at the request of the party and considering the particular circumstances of the case.
Article 109 Bis, third paragraph. Obtain the means of proof considered necessary, as well as agree on the admissibility of the offered proofs.
Article 117, third paragraph. Investigate facts, acts, or omissions from which a violation of that Law and other provisions derived from it may be presumed, within the scope of its competence.
Article 136, second and third paragraphs. Use the enforcement means referred to in said article, and in the event that this is insufficient, request the competent authority to proceed against the rebel for disobedience to a legitimate mandate of the competent authority.
IV. Securities Market Law:
Article 355 in relation to fraction III of article 352 and fraction III of article 353. Investigate, in the administrative sphere, acts or facts that presumably constitute or may come to constitute an infringement of what is provided in that Law or to the general character provisions emanating from it, within the scope of its competence. For this purpose, it may exercise the acts contemplated in said article.
Article 356, first paragraph. Participate in the hearing of the appearances referred to in that Law, for which it may formulate the questions it deems pertinent, in which case the appearing parties must respond, under oath, to the questions formulated to them.
Article 360, first paragraph. Specify the form and terms in which natural or legal persons to whom it requests information and documentation must comply with its requirements.
Article 360, second and last paragraphs. Use the enforcement means referred to in said article, and in the event that this is insufficient, request the competent authority to proceed against the rebel for disobedience to a legitimate mandate of the competent authority.
Article 361, first paragraph. Request support from federal authorities and security or police forces, for the purposes provided in article 360 of that Law.
Article 389, third paragraph. Obtain the means of proof considered necessary related to the administrative procedures that it is competent to process in accordance with that Law, being able to agree on the admissibility of the offered proofs, as well as reject the proofs proposed by the interested parties when they were not offered in accordance with the law, do not relate to the substance of the matter, are inappropriate, unnecessary, or contrary to morality and the law.
Article 391, fraction I. Grant a hearing to presumed infringers so that within a period of ten business days, counted from the business day following that on which the corresponding notification takes effect, they manifest in writing what is in their interest, offer proofs, and formulate arguments, as well as extend once the deadline referred to in that fraction, for the same period, at the request of the party and considering the particular circumstances of the case.
Article 415, first paragraph. Order infringers to immediately cease using expressions improperly employed in accordance with what is provided in that article, as well as decree the necessary measures for this purpose.
Article 421. Extend the deadlines established in that Law, at the request of the interested party, provided that such extension does not exceed in any case half of the deadline originally provided in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
V. Investment Funds Law:
Article 81. Investigate, in the administrative sphere, acts or facts that presumably constitute or may come to constitute an infringement of what is provided in that Law or to the general character provisions derived from it, or to verify compliance with what is provided in that Law and other general character provisions emanating from it, in the terms contemplated in the article itself. For this purpose, it may exercise the acts contemplated in the referred article, within the scope of its competence.
Article 81, last paragraph. Participate in the hearing of the appearances referred to in fraction III of that article, for which it may formulate the questions it deems pertinent, in which case the appearing parties must respond, under oath, to the questions formulated to them.
Article 81 Bis, first, second, third, and fourth paragraphs. Specify the form and terms in which persons to whom it requests information must comply with its requirements, to enforce its determinations, it may employ, indistinctly, the enforcement means indicated in the fractions of the cited article and in the event that this is insufficient, request the competent authority to proceed against the rebel for disobedience to a legitimate mandate of the competent authority, as well as request support from federal judicial or ministerial authorities and security or police forces.
Article 81 Bis, second and last paragraphs. Use the enforcement means referred to in said article, and in the event that this is insufficient, request the competent authority to proceed against the rebel for disobedience to a legitimate mandate of the competent authority.
Article 84, sixth paragraph, fraction I. Grant a hearing to the presumed infringer so that within a period of ten business days, counted from the business day following that on which the corresponding notification takes effect, he manifests in writing what is in his interest, offers proofs, and formulates arguments, as well as extend once the deadline referred to in that fraction, for the same period, at the request of the party and for which it will consider the particular circumstances of the case.
Article 84 Bis, third paragraph. Obtain the means of proof considered necessary, as well as agree on the admissibility of the offered proofs; it may reject the proofs provided by the interested parties when they were not offered in accordance with the law, do not relate to the substance of the matter, are inappropriate, unnecessary, or contrary to morality and the law.
Article 86, fraction I. Close the respective negotiation of the person who infringes what is provided in the first paragraph of article 5 Bis of that Law, until their name is changed.
Article 96. Extend the deadlines established in that Law, at the request of the interested party, provided that such extension does not exceed in any case half of the deadline originally provided in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
VI. General Law of Auxiliary Credit Organizations and Activities:
Article 5 Bis 3. Extend the deadlines established in that Law, at the request of the interested party, provided that such extension does not exceed in any case half of the deadline originally provided in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 64, first paragraph. Appoint an inspector and the necessary assistants to review the accounting and other documentation of the negotiation, company, or establishment of the natural or legal person, when it presumes that it is carrying out operations reserved for auxiliary credit organizations or exchange houses without the authorization of the Secretariat of Finance and Public Credit, in which case it may order the immediate suspension of operations or proceed to the closure of the negotiation, company, or establishment of the natural or legal person in question.
Article 64, second and third paragraphs. Notify the natural person or the legal representative of the legal entity that is carrying out operations reserved for exchange centers or money transmitters without the registration referred to in article 81-B of that Law, in order to immediately suspend the performance of the mentioned reserved activities; if the suspension of activities is not effected, it may order the closure of the negotiation, company, or establishment of the natural or legal person in question.
Article 64, fourth paragraph. Order the immediate suspension of operations or closure of exchange centers or money transmitters that are carrying out operations in contravention of what is provided in that Law, independent of the cancellation of the registration in terms of article 81-D of that Law.
Article 65-A. Request the assistance of the public force to effectively enforce closure resolutions, administrative intervention, management intervention, and others contemplated in that Law.
Article 88 Bis, subsection I. Grant a hearing to the alleged offender so that, within a period of ten business days, counted from the next business day following the day on which the corresponding notification takes effect, they may express in writing what is in their interest, offer evidence, and formulate their grievances, as well as extend once the period referred to in that subsection, for the same length of time, at the request of the party and considering the particular circumstances of the case.
Article 88 Bis 4, third paragraph. Gather the evidence they deem necessary, as well as rule on the admissibility of the evidence offered; they may reject evidence submitted by interested parties when it was not offered in accordance with the law, has no relation to the merits of the case, is inappropriate, unnecessary, or contrary to morality and the law.
Article 89, subsection X. Close the respective business of natural or legal persons who use words reserved for auxiliary credit organizations or exchange houses without the corresponding authorization, until their name is changed.
Article 91 Bis. Appoint an inspector and the necessary assistants to review the accounting and other documentation of the business, company, or establishment of a natural or legal person when the Commission presumes that said natural or legal person is carrying out operations reserved for auxiliary credit organizations and exchange houses, without the corresponding authorization, in order to verify if they are indeed carrying out the mentioned operations, in which case, they may order the immediate suspension of operations or proceed to close the business, company, or establishment of the natural or legal person in question.
VII. Popular Savings and Credit Law:
Article 120, third paragraph. Investigate facts, acts, or omissions from which a violation of that Law and other provisions derived from it may be presumed, within the scope of their competence.
Article 124 Bis 1. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding in any case half of the period originally provided in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are being prejudiced.
Article 129, last paragraph. Gather the evidence they deem necessary, as well as rule on the admissibility of the evidence offered.
Article 131, subsection I. Grant a hearing to the alleged offender so that, within a period of ten business days, counted from the next business day following the day on which the corresponding notification takes effect, they may express in writing what is in their interest, offer evidence, and formulate arguments, as well as extend once the period referred to in that subsection, for the same length of time, at the request of the party, for which they will consider the particular circumstances of the case.
Article 145 Bis. Appoint an inspector and the necessary assistants to review the accounting and other documentation of the business, company, or establishment of a natural or legal person when the Commission presumes that said natural or legal person is carrying out operations in contravention of what is provided by Article 7 of that Law, or acts as a trustee without being authorized by law, in order to verify if they are indeed carrying out the mentioned operations, in which case, they may order the immediate suspension of operations or proceed to close the business, company, or establishment of the natural or legal person in question.
VIII. Law to Regulate the Activities of Savings and Loan Cooperative Societies:
Article 15 Bis, second paragraph. Order investigation visits in terms of what is provided in that Law, when it is known that a savings and loan cooperative society with a basic level of operations has been classified in category D, and, if applicable, they may order dissolution and liquidation in terms of what is provided by Article 83 of that Law.
Article 15 Bis, third paragraph. Once the dissolution and liquidation mentioned in that article has been ordered, notify the Auxiliary Supervision Committee so that it cancels the registration of the corresponding society.
Article 62, third paragraph. Investigate facts, acts, or omissions from which a violation of that Law and other provisions derived from it may be presumed, within the scope of their competence.
Article 74. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding, in any case, half of the period originally provided in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are being prejudiced.
Article 97, last paragraph. Gather the evidence they deem necessary, as well as rule on the admissibility of the evidence offered.
Article 99, subsection I. Grant a hearing to the alleged offender so that, within a period of ten business days, counted from the next business day following the day on which the corresponding notification takes effect, they may express in writing what is in their interest, offer evidence, and formulate arguments, as well as extend once the period referred to in that subsection, for the same length of time, at the request of the party, for which they will consider the particular circumstances of the case.
Article 114, third paragraph. Order, as a precautionary measure, the provisional and immediate immobilization of funds or assets registered or which could be related to the commission of the crime, regarding legal persons carrying out operations reserved for savings and loan cooperative societies, without the authorization provided in that Law or the corresponding registration referred to in Article 13 of that Law.
Article 114, fifth paragraph. Grant the right to a hearing to the natural or legal person regarding whose accounts the precautionary measure consisting of immobilizing the corresponding resources has been decreed, within a period of 10 business days, to resolve what is appropriate.
Article 119 Bis, first paragraph. Appoint an inspector and the necessary assistants to review the accounting and other documentation of the business, company, or establishment of a natural or legal person when the Commission presumes that said natural or legal person is carrying out operations in contravention of what is provided by Article 4 of that Law, in order to verify if they are indeed carrying out the mentioned operations, in which case, they may order the immediate suspension of operations or proceed to close the business, company, or establishment of the natural or legal person in question.
IX. Credit Unions Law:
Article 11. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding in any case half of the period originally provided in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are being prejudiced.
Article 96, first, second, and third paragraphs. Specify the form and terms in which compliance with their requirements must be given, as well as use the means of compulsion referred to in that article, and in the event that this is insufficient, request the competent authority to proceed against the rebel for disobedience to a legitimate mandate of a competent authority.
Article 96, last paragraph. Request the support required from federal judicial or ministerial authorities and federal or local security or police forces, for the purposes provided in that article.
Article 107, first paragraph. Appoint an inspector and the necessary assistants to review the accounting and other documentation of the business, company, or establishment of the natural or legal person, in order to verify if they are indeed carrying out the operations reserved for credit unions without the corresponding authorization, in which case they may order the immediate suspension of operations or proceed to close the business, company, or establishment of the natural or legal person in question.
Article 108, last paragraph. Gather the evidence they deem necessary and rule on the admissibility of the evidence offered, as well as reject evidence submitted by interested parties when it was not offered in accordance with the law, has no relation to the merits of the case, is inappropriate, unnecessary, or contrary to morality or the law.
Article 110, subsection I. Grant a hearing to the alleged offender so that, within a period of ten business days, counted from the next business day following the day on which the corresponding notification takes effect, they may express in writing what is in their interest, offer evidence, and formulate arguments, as well as extend once the period referred to in that subsection, for the same length of time, at the request of the party, for which they will consider the particular circumstances of the case.
(4) The Head of the General Directorate of Investigation Visits shall be assisted and supported in the processing and resolution of matters within their competence by the Coordinators of Investigation Visits A, B, and C. Without prejudice to the foregoing, the aforementioned public servants shall have delegated the powers corresponding to the Head of the General Directorate to which they are attached and within the scope of their competence, in which case they must observe what is provided in Title Four of the Internal Regulations of the National Banking and Securities Commission in all that is applicable.
(4) Article 31.- The Coordinators of Crimes A and B, of Administrative Sanctions A, B, and C, as well as Legal Coordinators of Procedures A, B, and C shall have delegated the powers contained in the following legal instruments:
I. Law of the National Banking and Securities Commission:
Article 4, subsection XIX. Cooperate with the Public Ministry regarding the crimes provided for in the laws relating to the financial system.
Article 16, subsection I. Be responsible for the legal representation of the Commission, to intervene in judicial, administrative, or labor proceedings in which the Commission is a party or may be affected, in accordance with Article 17 of that Law, as well as to issue certifications. In the exercise of these powers, they will have the legal representation of the Commission to notify the administrative acts issued or signed by it, complying with what is provided in Articles 4 and 165 to 176 of the Law to Regulate Financial Groups; 6 and 110 Bis 2 to 110 Bis 14 of the Credit Institutions Law; 5 and 399 to 411 of the Securities Market Law; 3 and 87 Bis 2 to 87 Bis 14 of the Investment Funds Law; 10 and 101 Bis 3 to 101 Bis 15 of the General Law of Auxiliary Credit Organizations and Activities; 8 and 146 to 158 of the Popular Savings and Credit Law; 5 and 120 to 132 of the Law to Regulate the Activities of Savings and Loan Cooperative Societies; 4 of the Law to Regulate Credit Information Societies, as well as 8 and 133 to 145 of the Credit Unions Law.
Article 16, penultimate paragraph. Notify the agreements of the Board of Directors, regarding the entities referred to in subsection I of Article 4 of that Law and other natural and legal persons when they carry out activities provided for in financial laws.
Article 19. Specify the form and terms in which entities are obligated to provide the Commission with the data, reports, records, minutes books, auxiliary documents, correspondence, and in general, the information they deem necessary.
(4) Article 32.- The Coordinators of Crimes A and B, in addition to the powers contained in the previous Article 31, shall have delegated the powers contained in the following legal instruments:
I. Law of the National Banking and Securities Commission:
Article 4, subsection VII. Issue the necessary measures so that entities adjust their activities and operations to the laws applicable to them, to the general provisions derived from them, to commercial, banking, and stock market usages, and to sound practices of financial markets.
Article 4, subsection VIII. Act as a consulting body of the Federal Government on financial matters.
Article 4, subsection XVIII. Summon and request the appearance of alleged offenders and other persons who may contribute to the adequate development in the investigation of acts or facts that contravene what is provided in the Securities Market Law, within the scope of their competence.
Article 8. Request the assistance of the public force to effectively comply with closure, administrative intervention, or managerial intervention resolutions.
II. Credit Institutions Law:
Article 115, first and second paragraphs. Provide an opinion to the Ministry of Finance and Public Credit, for the purposes of the request that corresponds to be made to that Department, in the cases provided for in Articles 111 to 114 and 114 Bis 1 to 114 Bis 4, so that criminal proceedings are taken for the crimes referred to in the cited articles.
Article 117, third paragraph. Investigate facts, acts, or omissions from which a violation of that Law and other provisions derived from it may be presumed, within the scope of their competence. This power shall be exercised jointly with the General Directorates of supervision that are competent.
III. Securities Market Law:
Article 355 in relation to subsection III of Article 352 and subsection III of Article 353. Investigate, in the administrative sphere, acts or facts that presumably constitute or may come to constitute an infringement of what is provided in that Law or general provisions emanating from it, or to verify compliance with that Law and provisions, in the terms contemplated in the article itself, within the scope of their competence. For this purpose, they may exercise the acts contemplated in that article. This power shall be exercised jointly with the General Directorates of supervision that are competent.
Article 361, first paragraph. Request support from federal authorities and security or police bodies, for the purposes provided in Article 360 of that Law.
Articles 388, first and second paragraphs. Provide an opinion to the Ministry of Finance and Public Credit for the purposes of the request that corresponds to be made to that department, so that criminal proceedings are taken for the crimes provided for in that Law.
IV. Investment Funds Law:
V. General Law of Auxiliary Credit Organizations and Activities:
Article 65-A. Request the assistance of the public force to effectively enforce closure, administrative intervention, managerial intervention, and other resolutions contemplated in that Law.
Article 95, first paragraph. Provide an opinion to the Ministry of Finance and Public Credit for the purposes of the request that corresponds to be made to that department, so that criminal proceedings are taken for the crimes referred to in the same article.
VI. Popular Savings and Credit Law:
Article 120, third paragraph. Investigate facts, acts, or omissions from which a violation of that Law and other provisions derived from it may be presumed, within the scope of their competence. This power shall be exercised jointly with the General Directorates of supervision that are competent.
Article 136 Bis 7, first paragraph. Provide an opinion to the Ministry of Finance and Public Credit regarding the cases provided for in Articles 136 Bis 8 to 143 of that Law.
VII. Law to Regulate the Activities of Savings and Loan Cooperative Societies:
Article 62, third paragraph. Investigate facts, acts, or omissions from which a violation of that Law and other provisions derived from it may be presumed, within the scope of their competence. This power shall be exercised jointly with the General Directorates of supervision that are competent.
Article 109, first paragraph. Provide an opinion to the Ministry of Finance and Public Credit, for the purposes of the request that corresponds to be made to that Department, in the cases provided for in Articles 110 to 117 of that Law.
VIII. Credit Unions Law:
(4) Article 33.- The Coordinators of Sanctions A, B, and C, in addition to the powers contained in the previous Article 31, shall have delegated the powers contained in the following legal instruments:
I. Law of the National Banking and Securities Commission:
Article 4, subsection VII. Issue the necessary measures so that entities and other subjects within the scope of supervision of the Commission adjust their activities and operations to the laws applicable to them, to the general provisions derived from them, to commercial, banking, and stock market usages, and to sound practices of financial markets.
Article 4, subsection VIII. Act as a consulting body of the Federal Government on financial matters.
Article 4, subsection XVIII. Summon and request the appearance of alleged offenders and other persons who may contribute to the adequate development in the investigation of acts or facts that contravene what is provided in the Securities Market Law.
Article 8. Request the assistance of the public force to effectively comply with closure, administrative intervention, or managerial intervention resolutions.
II. Securities Market Law:
III. General Law of Auxiliary Credit Organizations and Activities:
(4) Article 34.- The Legal Coordinators of Procedures A, B, and C, in addition to the powers contained in the previous Article 31, shall have delegated the powers contained in the following legal instruments:
I. General Law of Auxiliary Credit Organizations and Activities:
Article 78, penultimate paragraph. Promote before the judicial authority the appointment of a liquidator of auxiliary credit organizations, if within the established period no liquidator has been appointed, as well as bring to the knowledge of the competent judge, when there is impossibility to carry out the liquidation of the society, so that they order the cancellation of its registration in the Public Registry of Commerce.
Article 81-D, penultimate paragraph. Promote before the judicial authority the appointment of a liquidator, if within the established period no liquidator has been appointed, as well as bring to the knowledge of the competent judge so that they order the cancellation of its registration in the Public Registry of Commerce.
Article 87-K, eighth paragraph. Promote before the judicial authority the appointment of a liquidator, if within the established period no liquidator has been appointed, as well as bring to the knowledge of the competent judge so that they order the cancellation of its registration in the Public Registry of Commerce.
II. Popular Savings and Credit Law:
Article 37, last paragraph. Promote before the judicial authority the appointment of a liquidator of popular financial societies, if within the established period no liquidator has been appointed, as well as bring to the knowledge of the competent judge, when there is impossibility to carry out the liquidation of the popular financial society, so that they order the cancellation of its registration in the Public Registry of Commerce.
Article 46 Bis 14, last paragraph. Promote before the judicial authority the appointment of the liquidator of community financial societies with a basic level of operations, if within the established period no liquidator has been appointed, as well as bring to the knowledge of the competent judge, when there is impossibility to carry out the liquidation of community financial societies with a basic level of operations, so that they order the cancellation of its registration in the Public Registry of Commerce.
III. Law to Regulate the Activities of Savings and Loan Cooperative Societies:
IV. Credit Unions Law:
(4) Article 35.- The Coordinators of Investigation Visits A, B and C shall have delegated the powers contained in the following legal instruments:
I. National Banking and Securities Commission Law:
II. Law to Regulate Financial Groups
Article 9. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding in any case half of the deadline originally provided in the applicable provisions, when the matter so requires and they have no knowledge that third parties' rights are being prejudiced.
Article 141, third paragraph. Gather the means of proof they consider necessary, as well as decide on the admissibility of the offered proofs.
Article 164, second and last paragraphs. Use the enforcement means referred to in said article, and in the event that this proves insufficient, request that the competent authority proceed against the rebel for disobedience to a legitimate mandate of a competent authority.
III. Credit Institutions Law:
IV. Securities Market Law:
V. Investment Funds Law:
VI. General Law of Auxiliary Credit Organizations and Activities:
Article 5 Bis 3. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding in any case half of the deadline originally provided in the applicable provisions, when the matter so requires and they have no knowledge that third parties' rights are being prejudiced.
Article 64, second and third paragraphs. Notify the natural person or the legal representative of the legal entity that is carrying out operations reserved for currency exchange centers or money transmitters without having the registration referred to in Article 81-B of that Law.
Article 65-A. Request the assistance of the public force to effectively enforce closure resolutions, administrative intervention, managerial intervention and others contemplated in that Law.
Article 88 Bis 4, third paragraph. Gather the means of proof they consider necessary, as well as decide on the admissibility of the offered proofs; they may reject the proofs provided by the interested parties when they are not offered in accordance with the law, do not relate to the substance of the matter, are inappropriate, unnecessary or contrary to morality and the law.
Article 91 Bis. Appoint an inspector and the necessary assistants to review the accounting and other documentation of the business, company or establishment of a natural or legal person when the Commission presumes that said natural or legal person is carrying out operations reserved for auxiliary credit organizations and exchange houses, without having the corresponding authorization, in order to verify if they are indeed carrying out the mentioned operations.
VII. Popular Savings and Credit Law:
VIII. Law to Regulate the Activities of Savings and Loan Cooperative Societies:
IX. Credit Unions Law:
Article 36.- The General Director of Authorizations to the Financial System shall have delegated the powers contained in the following legal instruments:
I. National Banking and Securities Commission Law:
II. Law to Regulate Financial Groups:
Article 5, fraction IX. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing institutional investors other than those indicated in that article. This power shall be exercised by analyzing and ruling on the legality of the acts subject to their competence.
Article 7, third paragraph. Warn the interested party, in writing and only once, to remedy the omission within a term that cannot be less than ten business days.
Article 9. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding, in any case, half of the deadline originally provided in the applicable provisions, when the matter so requires and they have no knowledge that third parties' rights are being prejudiced.
Article 11, first paragraph. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing the organization of controlling societies and the constitution and functioning of financial groups. This power shall be exercised by analyzing and ruling on the legality of the acts subject to their competence.
Article 15, first paragraph. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing the direct or indirect incorporation of financial entities as members of a financial group. This power shall be exercised by analyzing and ruling on the legality of the acts subject to their competence.
Article 16, first paragraph. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing the separation of one or more members of a financial group. This power shall be exercised by analyzing and ruling on the legality of the acts subject to their competence.
Article 17, first paragraph. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing the merger of two or more controlling or sub-controlling societies, or of any society or financial entity with a controlling society or with a sub-controlling society, as well as for the merger of two or more financial entities that are part of the same financial group, or of a financial entity that is part of a financial group with another financial entity or with any society. This power shall be exercised by analyzing and ruling on the legality of the acts subject to their competence.
Article 18, first paragraph. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing the spin-off of a controlling society or a sub-controlling society. This power shall be exercised by analyzing and ruling on the legality of the acts subject to their competence.
Article 20, first paragraph. Give an opinion to the Ministry of Finance and Public Credit for the purpose of approving the bylaws of the controlling society, the sub-controlling societies and the service and real estate providers, as well as the unique liability agreement and any modification to these documents. This power shall be exercised by analyzing and ruling on the legality of the acts subject to their competence.
Article 28, second paragraph. Give an opinion to the Ministry of Finance and Public Credit, for the purpose of authorizing the direct or indirect acquisition of more than five percent of the paid-up share capital of a controlling society. This power shall be exercised by analyzing and ruling on the legality of the acts subject to their competence.
Article 28, third paragraph. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing the direct or indirect acquisition of twenty percent or more of the shares representing series "O" of the share capital of the controlling society, or its control. This power shall be exercised by analyzing and ruling on the legality of the acts subject to their competence.
Article 28, fourth paragraph. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing the direct or indirect acquisition of more than five percent of the paid-up share capital of a sub-controlling society. This power shall be exercised by analyzing and ruling on the legality of the acts subject to their competence.
Article 45. Authorize that the committees constituted by the board of directors of the controlling society carry out, totally or partially, the functions entrusted to the administrative or oversight committees of the entities that are part of the financial group, provided that the controlling society requests it in order to avoid or resolve the duplication of functions that might occur between the committees of the controlling society and said entities. This power shall be exercised by analyzing and ruling on the legality of the acts subject to their competence.
Article 70, first paragraph. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing the organization of a subsidiary controlling society and functioning as a financial group. This power shall be exercised by analyzing and ruling on the legality of the acts subject to their competence.
Article 81, fraction III. Issue an opinion to the Ministry of Finance and Public Credit, for the purpose of authorizing the acquisition, by a controlling society, of at least fifty-one percent of the securities representing the social capital of sub-controlles, and to have control thereof. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 85, first paragraph. Issue an opinion to the Ministry of Finance and Public Credit for the purpose of revoking the authorization for controlling societies to maintain, directly or indirectly, the investments referred to in that article, if, in its opinion, it considers that it has not complied with the applicable provisions. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 86, first paragraph. Issue an opinion to the Ministry of Finance and Public Credit, for the purpose of authorizing a controlling society to invest directly or indirectly in financial entities that are not part of its financial group. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 88, first paragraph. Issue an opinion to the Ministry of Finance and Public Credit, for the purpose of authorizing a controlling society to increase or decrease its direct or indirect participation in financial entities that are not part of its financial group, provided that in no case it exceeds fifty percent of the social capital of said entities. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 89, first paragraph. Issue an opinion to the Ministry of Finance and Public Credit, for the purpose of authorizing a controlling society to invest directly or indirectly in service providers and real estate companies. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 90, first paragraph. Issue an opinion to the Ministry of Finance and Public Credit, for the purpose of authorizing a controlling society to increase or decrease its participation in service providers and real estate companies, as well as in sub-controlles. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 103. Request information from the controlling societies of the groups and sub-controlles. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 115. Issue an opinion to the Ministry of Finance and Public Credit, for the purpose of authorizing exceptions to what is provided in that article. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 122, first paragraph. Issue an opinion to the Ministry of Finance and Public Credit for the purpose of revoking the authorization for the organization of a controlling society and the constitution and operation of the financial group, when there is a written request by the controlling society of the interested financial group. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 151, first paragraph. Authorize the self-correction programs that the controlling societies regulated by that Law and subject to the supervision of this Commission submit for such effect, in the cases provided for in that article and in the applicable general provisions. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 152, fourth paragraph. Order modifications or corrections to the self-correction programs presented, with the purpose that such programs comply with what is established in that article and in the applicable general provisions, as well as authorize the extensions referred to in that article. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 153, fourth paragraph. Authorize the self-correction programs presented to it by natural persons and other legal entities subject to the supervision of the Commission when, in the course of their activities, they detect irregularities or non-compliance with what is provided in that Law and other applicable provisions. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 164, first paragraph. Specify the form and terms in which financial entities and natural or legal persons to whom this Commission requests information must comply with its requirements. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
III. Credit Institutions Law:
Article 5 Bis, first paragraph. Issue an opinion to the Ministry of Finance and Public Credit for the better fulfillment of the powers granted to it by that Law, when it deems it appropriate. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 5 Bis 1, third paragraph. Notify the interested party, in writing and only once, to remedy the omission within a term that cannot be less than ten business days.
Article 5 Bis 3. Extend the deadlines established in that Law, at the request of the interested party, provided that such extension does not exceed, in any case, half of the originally established deadline in the applicable provisions, when the matter so requires and there is no knowledge that third parties are prejudiced in their rights.
Articles 8, first paragraph, 17, second and third paragraphs, 27, first paragraph, 27 Bis, first paragraph, 28, first paragraph, 45-C, first paragraph, 45-H, penultimate paragraph, 45-I, first paragraph, 75, fraction III, 89, penultimate paragraph, 119, second paragraph, 141, second paragraph. Request the opinions referred to in those articles from the respective financial authorities, within the scope of their powers.
Article 8, second paragraph. Issue a favorable opinion regarding the draft bylaws attached to the authorization requests for the organization and operation of multiple banking institutions, as well as approve the public instrument in which the bylaws of the society are contained in terms of that Law. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 9, last paragraph. Approve the social bylaws of multiple banking institutions, as well as their modifications. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 10, fraction VI. Require the additional documentation and information related to the authorization requests referred to in that article.
Article 10, second paragraph. Verify that the request referred to in that article complies with what is provided in that Law, for which it will have, among others, the power to corroborate the veracity of the information provided. This power shall be exercised with the General Directorate of Supervision of Groups and Financial Intermediaries corresponding, when it is a matter of requesting information from dependencies and entities of the Federal Public Administration, as well as other federal instances.
Article 10, third paragraph. Instruct the Treasury of the Federation to make effective the guarantee for the original amount of the deposit mentioned in fraction V of that article in the cases referred to in that paragraph.
Article 10, penultimate paragraph. Return the deposit receipt mentioned in fraction V of that article in the cases referred to in that paragraph.
Article 11, last paragraph. Authorize the issuance of "L" series shares of multiple banking institutions. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 12, first paragraph. Authorize multiple banking institutions that the shares be paid in kind, considering the financial situation of the institution and ensuring its liquidity and solvency. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 13, fraction III. Authorize the indirect participation of foreign governments in the social capital of multiple banking institutions and that such participation does not imply having control of it, in terms of Article 22 Bis of that Law. This power shall be exercised by analyzing the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 17, second, third, and last paragraphs. Authorize, prior to the opinion of the Bank of Mexico, the direct or indirect acquisition of more than five percent of the paid ordinary social capital of a multiple banking institution, or the granting of a guarantee on the shares representing said percentage to any natural or legal person. Likewise, authorize, prior to the favorable opinion of the Bank of Mexico, the acquisition of twenty percent or more of the shares representing the "O" series of the social capital of a multiple banking institution or the obtaining of control of said institution, by a person or group of persons who are or are not shareholders, as well as request the additional related documentation to evaluate the request referred to in that article. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 19, last paragraph. Establish the cases and conditions under which multiple banking institutions may temporarily acquire the shares representing their own capital, without prejudice to the applicable cases under the Securities Market Law, and ensuring the sound development of the banking system and not affecting the liquidity of the institutions. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 24 Bis 2, last paragraph. Exempt multiple banking institutions from having a remuneration committee, according to the criteria determined by the Commission itself through general provisions. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 27, fraction I. Require the additional documentation and information related to the authorization requests referred to in that article.
Article 27 Bis, second paragraph. Request the additional related documentation to evaluate the request referred to in that article.
Article 27 Bis, penultimate paragraph. Authorize, in connection with the split of a multiple banking institution, the transmission to the split-off society of active operations, liabilities, and trusts, mandates, or commissions of the split-off multiple banking institution, when it considers that the interests of the counterparties in the respective operations are not adversely affected and there is no opposition from creditors. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 27 Bis 1, second paragraph. Issue the certificate referred to in that article, at the request of the Institute for the Protection of Bank Savings.
Article 27 Bis 1, fourth paragraph. Exempt multiple banking institutions, within the scope of their competence, from compliance with the applicable general provisions or rules. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 27 Bis 3, fraction I. Authorize the merger resulting from the transfer of the shares representing the social capital of the institution in question to another authorized multiple banking institution or to a controlling society of a financial group to which a multiple banking institution belongs, in terms of Article 27 of that Law. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 28, first paragraph. Grant the right to a hearing to multiple banking institutions for the purposes established in that article, when there is a request from the multiple banking institution. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 45-H, penultimate paragraph. Authorize the persons who intend to acquire, directly or indirectly, "F" series shares representing the social capital of a Multiple Banking Institution Subsidiary, after hearing the opinion of the Bank of Mexico. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 46, fraction XXVIII. Issue an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing analogous or related operations. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 46 Bis, first paragraph. Authorize multiple banking institutions to start operations or carry out other additional ones to those authorized to them, among those indicated in Article 46 of that Law. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 46 Bis 1, fourth paragraph. Approve a regularization program referred to in that article, which meets the requirements established for such effect in the referred general provisions. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 46 Bis 4. Authorize credit institutions to grant bonds or cautions when they cannot be attended by bond institutions due to their amount. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 46 Bis 5, fraction I. Authorize credit institutions to pledge their properties, provided that it contributes to the stability of credit institutions or the banking system. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 47, penultimate paragraph. Issue an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing development banking institutions to carry out the operations referred to in that paragraph. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 53, fraction III, last paragraph. Issue an opinion to the Ministry of Finance and Public Credit, regarding the exceptions established for the operation with securities on their own account carried out by credit institutions without the intermediation of stock exchanges. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 55, fraction II. Temporarily increase in individual cases the percentage referred to in that fraction, as well as that indicated in the previous fraction, when, in its opinion, the resulting amount is insufficient for the intended destination. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 66, fraction V. Authorize exceeding fifty percent of the part of mortgage credits that are destined to cover the liabilities referred to in the second paragraph of Article 323 of the General Law of Titles and Credit Operations, provided that compliance with the requirements indicated in Article 65 of the Credit Institutions Law is accredited. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 75, fraction II. Extend the deadline referred to in that fraction, considering the nature and situation of the company in question. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 75, fraction III. Authorize multiple banking institutions to make investments by higher percentages and terms, when it comes to companies that develop new long-maturing projects. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 75, second paragraph. Authorize the companies indicated in that article, whose control is maintained by a multiple banking institution, to carry out investments in others, in terms of fraction III of that legal provision. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 87, second paragraph. Authorize multiple banking institutions to establish, change location, and close any kind of offices abroad, as well as for the transfer of the assets or liabilities of their branches. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 87, last paragraph. Issue an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing branches of credit institutions established abroad to carry out operations that are not provided for in Mexican laws. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 88, first paragraph. Authorize credit institutions to invest in securities representing the social capital of companies that provide them with complementary or auxiliary services in their administration or in the realization of their object, as well as real estate companies that are owners or administrators of properties destined for their offices. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 93, third paragraph. Authorize credit institutions that enter into assignments or discounts of credit portfolios with persons other than those mentioned in the second paragraph of that article, and that intend to respond for the solvency of the debtor, to grant financing to the assignee or discountee, or to agree with the latter obligations or rights that allow them to reacquire the assigned or discounted credit portfolio. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 93, fourth paragraph, fraction II. Authorize credit institutions to disclose information related to their portfolio or other assets in the cases referred to in this fraction. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 97, first paragraph. Request information and documentation from credit institutions, establishing the deadlines and means of their presentation.
Article 98 Bis. Request the publication in the Official Journal of the Federation of administrative acts that, in compliance with the laws, must be published in the same medium.
Article 109 Bis 9, first paragraph. Authorize the self-correction programs that credit institutions submit for this purpose, in the cases provided for in that article and in the applicable general provisions. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 109 Bis 10, penultimate paragraph. Order modifications or corrections to the self-correction programs, with the purpose that the program complies with what is established in this article and the applicable general provisions, as well as authorize the extensions referred to in that article. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 109 Bis 12. Authorize the self-correction programs presented to it by natural persons and other legal entities subject to the Commission's supervision when, in the course of their activities, they detect irregularities or non-compliance with what is provided for in that Law and other applicable provisions, subject to what is provided for in Articles 109 Bis 9 to 109 Bis 11 of that Law, as applicable. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 119, second paragraph. Approve, prior to the opinion of the Institute for the Protection of Bank Savings, the Bank of Mexico, and the Ministry of Finance and Public Credit, the contingency plan that details the actions to be carried out by a multiple banking institution to restore its financial situation, in the face of adverse events that could affect its solvency or liquidity. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
IV. Securities Market Law:
Article 115, fraction V, second paragraph. Return the deposit receipt mentioned in that fraction, in the cases referred to in that paragraph, as well as instruct the Federal Treasury to make the amount of the referred deposit effective when the authorization is revoked in accordance with what is provided in Article 153, fractions I to III, of that Law.
Article 115, last paragraph. Approve the bylaws of brokerage houses, as well as their modifications, except in the case of capital increases. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 116, last paragraph. Deny the partial or total start of operations of a brokerage house when compliance with what is provided for in that article is not accredited. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 117, third paragraph. Authorize the issuance of "L" series shares of brokerage houses up to an amount equivalent to forty percent of the ordinary share capital. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 119, fraction II. Authorize a person or group of persons to acquire five percent or more of the ordinary part of the share capital of brokerage houses, provided that this does not represent an equivalent or greater percentage than thirty percent or control. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 134, last paragraph. Authorize the transfer of active or passive operations of a brokerage house to the split-off company due to the spin-off. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 136, fraction I, subsection b), first paragraph. Approve a capital restoration plan for brokerage houses that results in an increase in their capitalization index. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 209, first paragraph. Authorize brokerage houses to use means other than those indicated in that article, to conserve the information contained in their books, records, and documents in general that these entities are obliged to keep in accordance with the laws and general provisions issued by the Commission. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 215, first and third paragraphs. Authorize brokerage houses to invest, directly or indirectly, in securities representing the share capital of financial entities abroad, as well as in the capital of investment funds, fund operating companies, retirement fund administrators, and specialized investment societies for retirement funds, in accordance with applicable legislation and, when they do not form part of financial groups, in auxiliary credit organizations and exchange houses. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 219, first paragraph. Authorize brokerage houses to contract with third parties the provision of services for the carrying out of activities that, in accordance with that Law, they may carry out. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 234, first paragraph. Provide an opinion to the Ministry of Finance and Public Credit for the purpose of granting the concession to organize and operate stock exchanges. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 236, last paragraph. Deny the partial or total start of operations of a stock exchange when compliance with what is provided for in that article is not accredited. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 247, last paragraph. Authorize the internal regulations and their modifications of stock exchanges, as well as formulate observations and modifications when it considers that the regulation does not comply with what is established in that Law or with sound market practices and usages. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 249, first paragraph. Authorize the tariffs that stock exchanges charge for services related to the listing and maintenance of securities and operations in the market, as well as formulate observations and order modifications during the authorization procedure. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 251. Authorize stock exchanges to invest, directly or indirectly, in securities representing the share capital of national or foreign entities of the same type or that perform functions equivalent to those of securities depository institutions or central counterparties for securities. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 252 Bis, first paragraph. Authorize stock exchanges to enter into the agreements referred to in fraction X of Article 244 of that Law. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 254, last paragraph. Object to the modifications made by societies that administer systems to facilitate operations with securities to the information indicated in that article, within twenty business days following the date on which the corresponding notice is received, when the modifications do not comply with or contravene what is established in this legal instrument and other applicable provisions. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 272, first paragraph. Provide an opinion to the Ministry of Finance and Public Credit for the purpose of granting a concession to organize and operate securities depository institutions. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 281, first paragraph. Provide an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing securities depository institutions to invest in the share capital of national or foreign societies that provide complementary or auxiliary services to their object, as well as central counterparties for securities. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 294, last paragraph. Authorize the internal regulations and their modifications of securities depository institutions, as well as formulate observations and modifications when it considers that the regulation does not comply with what is established in that Law or with sound market practices and usages. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 297. Authorize the tariffs that securities depository institutions charge for their services, as well as formulate observations and order modifications. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 301, second paragraph. Provide an opinion to the Ministry of Finance and Public Credit, for the purpose of granting the concession to organize and operate as central counterparties for securities. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 307, fraction I, subsection b). Provide an opinion to the Ministry of Finance and Public Credit, for the purpose of authorizing central counterparties for securities to constitute themselves as reciprocal debtors and creditors in operations other than those indicated in that fraction. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 315, last paragraph. Authorize the internal regulations and their modifications of central counterparties for securities, as well as formulate observations and modifications when it considers that the regulation does not comply with what is established in that Law or with sound market practices and usages. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 317. Authorize the tariffs that central counterparties for securities charge for their services, as well as formulate observations and order modifications during the authorization procedure. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 324, last paragraph. Object to the modifications made by price providers to the documentation indicated in that article, within twenty business days following the date on which the corresponding notice is received, when the modifications do not comply with or contravene what is established in this legal instrument and other applicable provisions. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 335, last paragraph. Object to the modifications made by securities rating institutions to the documentation indicated in that article, within twenty business days following the date on which the corresponding notice is received, when the modifications do not comply with or contravene what is established in this legal instrument and other applicable provisions. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 360, first paragraph. Indicate the form and terms in which financial entities, issuers, and other natural or legal persons to whom it requests information and documentation, must comply with its requirements, within the scope of its competence.
Article 395 Bis, first paragraph. Authorize the self-correction programs that financial entities submit for this purpose, in the cases provided for in that article and in the applicable general provisions. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 395 Bis 1, penultimate paragraph. Order modifications or corrections to the self-correction programs, with the purpose that the program complies with what is established in this article and the applicable general provisions, as well as authorize the extensions referred to in that article. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 395 Bis 3. Authorize the self-correction programs presented to it by natural persons and other legal entities subject to the Commission's supervision when, in the course of their activities, they detect irregularities or non-compliance with what is provided for in that Law and other applicable provisions, subject to what is provided for in Articles 395 Bis to 395 Bis 2 of that Law, as applicable. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 415, second paragraph. Authorize self-regulatory organizations or trade associations of the entities indicated in that article, the use of reserved expressions, provided that they do not carry out activities that are specific to the referred entities. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 419, third paragraph. Warn the interested party, in writing and only once, to remedy the omission within a term that cannot be less than ten business days.
Article 421. Extend the deadlines established in that Law, at the request of the interested party, provided that such extension does not exceed in any case half of the deadline originally provided for in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
V. Investment Funds Law:
Article 5 Bis, second paragraph. Authorize investment fund associations and other persons to use the expressions indicated in that article, provided that they do not carry out operations specific to investment funds or operators, distributors, and valuators indicated.
Article 33, fourth paragraph. Provide a favorable opinion regarding the draft constitutive deed attached to the authorization requests for the organization and functioning of fund operating societies, distributor societies, or valuators of investment fund shares, as well as approve the public instrument in which the constitutive deed of the society is recorded in terms of that Law. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 34, fraction VIII. Require additional documentation and information for the purpose of authorizing the constitution of fund operating societies, distributor societies, or valuators of investment fund shares.
Article 34, antepenultimate paragraph. Verify that the request referred to in that article complies with what is provided for in that Law, for which it will have, among others, the power to corroborate the veracity of the information provided. This power shall be exercised with the General Directorate of Investment Fund Supervision, when it is a matter of requesting information from dependencies and entities of the Federal Public Administration, as well as other federal instances.
Article 36, first paragraph. Approve the modifications to the bylaws of the societies referred to in Article 33 of that Law. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 37, first paragraph. Authorize the acquisition, encumbrance as collateral or in trust of shares of fund operating societies, as well as of distributors and valuators of investment fund shares. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 37, last paragraph. Authorize credit institutions and brokerage houses to participate in the share capital of operating societies or distributor societies of investment fund shares. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 39 Bis, fraction IV. Authorize fund operating societies, to additionally to the provision of asset management services, provide the services of valuation of investment fund shares, in accordance with that instrument, and subject to the general provisions issued for this purpose. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 39 Bis, fraction VII. Authorize fund operating societies, to additionally to the provision of asset management services, carry out analogous, connected, or complementary activities. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 40, fourth paragraph. Authorize the creation of electronic negotiation mechanisms for investment fund shares, through which the purchase and sale operations of investment fund shares are celebrated and perfected, ensuring at all times that the creation and operation of said mechanisms comply with that Law and the general provisions issued by the Commission. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 44, fourth paragraph. Authorize valuation methods for the prices of investment fund shares, regarding assets that by their very nature cannot be valued by the price providers of said societies. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 57. Authorize a person to provide one or more of the services referred to in Article 56 Bis 1 of that Law, provided that these are compatible with each other. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 69, first paragraph. Authorize the alienation of the shares representing the social capital of operating companies of investment funds or distributors of investment fund shares. Subsidiaries. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 70, first paragraph. Authorize foreign financial institutions or controlling subsidiary companies to acquire shares representing the social capital of an operating company of investment funds or a distributor of investment fund shares, provided that the requirements set forth in that article are met. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 81 Bis 2, section VI. Require additional documentation and information related to the merger of operating companies of investment funds, distributors of investment fund shares and appraisers of investment fund shares, or of any company or financial entity with operating companies of investment funds, distributors of investment fund shares and appraisers of investment fund shares, as referred to in Article 81 Bis 1 of that Law.
Article 81 Bis 3, section VIII. Require additional documentation and information related to the spin-off of operating companies of investment funds, distributors of investment fund shares and appraisers of investment fund shares, or of any company or financial entity with operating companies of investment funds, distributors of investment fund shares and appraisers of investment fund shares, as referred to in Article 81 Bis 1 of that Law.
Article 86 Bis 3, first paragraph. Authorize the self-correction programs that the persons who provide the services referred to in sections I to VI of Article 32 of that Law, submit for such effect, in the cases provided for in that article and in the applicable general provisions. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 86 Bis 4, penultimate paragraph. Order modifications or corrections to the self-correction programs, with the purpose that the program complies with what is established in this article and in the applicable general provisions, as well as authorize the extensions referred to in that article. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 86 Bis 6. Authorize the self-correction programs that other legal entities subject to the supervision of the Commission present to it when, in the course of their activities, they detect irregularities or non-compliance with what is provided for in that Law and other applicable provisions, subject to what is provided for in Articles 86 Bis 3 to 86 Bis 5 of that Law, as applicable. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 94, third paragraph. Warn the interested party, in writing and only once, to remedy the omission within a term that shall not be less than ten business days.
Article 96. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding in any case half of the originally provided deadline in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
VI. Law to Regulate Credit Information Societies:
Article 6. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing the constitution and operation of credit information societies. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 10. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing any person or group of persons to acquire, directly or indirectly, the control of a credit information society. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 13, first paragraph. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing credit information societies to carry out analogous and related activities. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 16. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing the merger or spin-off of credit information societies. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 19. Give an opinion to the Ministry of Finance and Public Credit for the purpose of revoking the authorization granted to credit information societies in the cases referred to in that article, when there is a written request from the interested society. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 21, second paragraph. Approve the prevention and observation keys referred to in that article, as well as their modifications. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 23, penultimate paragraph. Authorize the operational manuals of the procedures of credit information societies that allow them to reasonably review compliance with what is established in Article 20, first paragraph of that Law, as well as the procedure for eliminating information sent to them by users in terms of that article. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 31. Authorize that the shipments of the authorizations referred to in Article 28 of that Law, be carried out through electronic or digitized means, as well as request that credit information societies verify the existence of said authorizations. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 36, third paragraph. Authorize the agreements regarding the standards, conditions, procedures, as well as the amounts to be paid between themselves for the exchange of information referred to in that article, as well as their modifications. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 36 Bis, eighth paragraph. Authorize the tariffs that credit information societies must offer to their Users for the credit reports referred to in that article. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 56 Bis 1, first paragraph. Authorize the self-correction programs that credit information societies submit for such effect, in the cases provided for in that article and in the applicable general provisions. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 56 Bis 2, fourth paragraph. Order modifications or corrections to the self-correction programs, with the purpose that the program complies with what is established in this article and in the applicable general provisions; as well as authorize the extensions referred to in that article. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
VII. Law for the Protection and Defense of Users of Financial Services:
VIII. Decree by which various provisions of the Law of Credit Institutions, the General Law of Negotiable Instruments and Credit Operations and the Organic Law of the National Bank of Public Works and Services are reformed, added and repealed, published in the Official Gazette of the Federation on February 1, 2008:
(4) The head of the General Directorate of Authorizations to the Financial System will be assisted and assisted in the processing and resolution of matters within its competence, by the Coordinators of Authorizations to the Financial System A, B and C. Without prejudice to the foregoing, the aforementioned public servants will have delegated the attributes corresponding to the head of the General Directorate to which they are attached and within the scope of their competence, in which case they must observe what is provided in Title Four of the Internal Regulations of the National Banking and Securities Commission in everything that is applicable.
Article 37.- The General Director of Specialized Authorizations will have delegated the powers contained in the following legal instruments:
I. Law of the National Banking and Securities Commission:
Article 16, penultimate paragraph. Notify the agreements of the Board of Directors, regarding savings and loan cooperative societies, popular financial societies, community financial societies, Rural Financial Integration Organizations, Federations and other persons referred to in the Law to Regulate the Activities of Savings and Loan Cooperative Societies and the Popular Savings and Credit Law, as well as regarding credit unions referred to in the Credit Unions Law.
Article 19. Specify the form and terms in which entities will be obliged to provide to the Commission, the data, reports, records, minute books, auxiliaries, documents, correspondence and in general, the information deemed necessary, regarding the entities and subjects indicated in section I of Article 4 of the Law of the National Banking and Securities Commission.
II. Law of Credit Institutions:
III. General Law of Organizations and Auxiliary Credit Activities:
Article 5, third paragraph. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing the constitution and operation of general deposit warehouses. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 5 Bis 1, third paragraph. Warn the interested party, in writing and only once, to remedy the omission within a term that shall not be less than ten business days.
Article 5 Bis 3. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding in any case half of the originally provided deadline in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 8, section IV, first paragraph. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing any natural or legal person to directly or indirectly acquire more than ten percent of the ordinary social capital of auxiliary credit organizations and exchange houses, or that the shares representing said percentage be granted as collateral. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 8, section IV, second paragraph. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing a person or a group of persons, shareholders or not, to acquire twenty percent or more of the ordinary shares representing the social capital of an auxiliary credit organization or exchange house, or to obtain control of the entity itself. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 20, first paragraph. Authorize general deposit warehouses to lease any or some of their premises, when circumstances justify it. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 20, second paragraph. Authorize general deposit warehouses to carry out custody activities in the terms indicated in that article. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 45 Bis 3, first paragraph. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing the constitution and operation of general deposit warehouses and subsidiary exchange houses. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 51. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing exceptions to what is provided for in the cited provision. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 51-A. Request information and documentation from auxiliary credit organizations, exchange houses, exchange centers and money transmitters and establish the deadlines for their presentation.
Article 53, antepenultimate paragraph. Authorize the partial distribution of dividends decreed in the general assemblies of shareholders of general deposit warehouses, and exchange houses before concluding the review of the financial statements by the Commission. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 54, second paragraph, section V. Approve the average of appraisals of urban real estate carried out by experts of credit institutions. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 54, penultimate paragraph. Authorize the adjustment of funds with credit to income accounts, in the cases established in that article. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 54, last paragraph. Agree on the limitations regarding the distribution of profits during the period established for auxiliary credit organizations and exchange houses to regularize their valuations. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 67. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing auxiliary credit organizations to transfer their assets, liabilities, rights and obligations, derived from their operation, as well as for their merger or spin-off. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 69, second paragraph. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing auxiliary credit organizations to acquire shares or participations in the social capital of foreign companies or societies. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 81, first and second paragraphs. Give an opinion to the Ministry of Finance and Public Credit for the purpose of authorizing the habitual and professional performance of purchase, sale and exchange of foreign currency operations, including those carried out through transfer or transmission of funds, with the public within national territory. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 81-B, first paragraph. Register exchange centers, as well as money transmitters that meet the requirements indicated in that article.
Article 81-B, last paragraph. Keep the register referred to in that article, as well as to incorporate the corresponding annotations.
Article 81-D, first paragraph. Cancel the registration of exchange centers and money transmitters in the cases indicated in that article.
Article 87, first paragraph. Give an opinion to the Ministry of Finance and Public Credit for the purpose of revoking the authorization granted to exchange houses. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 87-B, eighth paragraph. Request information and documentation from regulated multiple-object financial societies as well as establish presentation deadlines.
Article 87-C Bis 1, third paragraph. Approve unregulated multiple-object financial societies that voluntarily seek to be considered regulated entities. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 87-K, third paragraph, subsection b). Give an opinion to the National Commission for the Protection and Defense of Users of Financial Services, regarding those regulated multiple-object financial societies that repeatedly fail to comply with the provisions referred to in Article 87-D of that Law, for the purposes indicated in that paragraph. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 87-K, fifth paragraph. Give an opinion to the National Commission for the Protection and Defense of Users of Financial Services, for this to resolve the cancellation of the registration of a regulated multiple-object financial society. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 94 Bis 1, first paragraph. Authorize the self-correction programs that auxiliary credit organizations or exchange houses submit for such effect, in the cases provided for in that article and in the applicable general provisions. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 94 Bis 2, penultimate paragraph. Order modifications or corrections to the self-correction programs, that auxiliary credit organizations or exchange houses submit for the authorization of the Commission, with the purpose that the program complies with what is established in that article and in the applicable general provisions, as well as authorize the extensions referred to in said article. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 94 Bis 4. Authorize the self-correction programs that natural persons and other legal entities subject to the supervision of the Commission present to it when, in the course of their activities, they detect irregularities or non-compliance with what is provided for in that Law and other applicable provisions, subject to what is provided for in Articles 94 Bis 1 to 94 Bis 3 of that Law, as applicable. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
IV. Popular Savings and Credit Law:
Article 6, second paragraph. Authorize persons to use the terms established in the first paragraph of that article. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 9, third paragraph. Deliver the Commission's resolution on the authorization requests to the Federations, as well as to the applicant societies referred to in that article.
Article 9, sixth paragraph. Resolve on the request for review of the unfavorable opinion issued by the Federation. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 9, last paragraph. Approve the change in the level of operations of popular financial societies, prior to the opinion of the Federation with which it has celebrated the affiliation or auxiliary supervision contract. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 10, second paragraph. Verify that the request referred to in Article 9 of that Law and that article, complies with what is provided for in that Law, for which it will have, among others, the power to corroborate the veracity of the information provided. This power shall be exercised with the General Directorate of Supervision of Popular Financial Societies, when it comes to requesting information from dependencies and entities of the Federal Public Administration, as well as other federal instances.
Article 10, antepenultimate and penultimate paragraphs. Approve the constitutive deeds, as well as the modifications to said document and to the corporate statutes of popular financial societies. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 32 Bis, first paragraph. Authorize popular financial societies to begin operations or to carry out other additional ones to those that have been authorized to them, among those indicated in Article 36 of that Law. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 36, third paragraph. Authorize popular financial societies to carry out analogous or related operations to those indicated in that article, including the granting of guarantees referred to in Article 92 of that Law. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 36, fourth paragraph. Authorize popular financial societies to carry out additional operations to those of the level of operations assigned to them. This power shall be exercised by analyzing and ruling on the legality of the acts subject to its competence.
Article 36, fifth paragraph. Authorize popular financial societies to receive deposits from the Federal, State, or Municipal Governments, whether through their central or parastatal sectors, when they are located in Operations Levels III and IV. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 36 Bis 1, second paragraph. Authorize popular financial societies to issue subordinate obligations. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 36 Bis 1, fifth paragraph. Authorize the early payment of subordinate obligations issued by popular financial societies. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 36 Bis 2, third paragraph. Authorize popular financial societies that carry out assignments or discounts of credit portfolios with persons other than those mentioned in the second paragraph of that article, and that intend to respond for the solvency of the debtor, to grant financing to the assignee or discountee, or to agree with them on obligations or rights that allow them to reacquire the assigned or discounted credit portfolio. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 36 Bis 2, fourth paragraph, fraction II. Authorize popular financial societies to disclose information related to their portfolio or other assets in the cases referred to in this fraction. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 44, second, third, and penultimate paragraphs. Authorize the direct or indirect acquisition of more than five percent of the paid-in ordinary share capital of a popular financial society, or the granting of a guarantee on the shares representing said percentage to any natural or legal person. Likewise, authorize the acquisition of twenty percent or more of the shares representing the share capital of a popular financial society or the obtaining of control of said society, by a person or group of persons, whether shareholders or not, as well as require the additional documentation related to evaluate the application referred to in that article. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 45. Authorize a person who intends to acquire or transfer more than ten percent of the share capital of a popular financial society, prior to a favorable ruling from the Federation that supervises it in an auxiliary manner. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 46 Bis, first and second paragraphs. Exercise the powers established in Articles 9, fifth paragraph; 32 Bis, first and second paragraphs; 36 Bis; 36 Bis 1, fifth paragraph; 36 Bis 2, third and fourth paragraphs, fraction II; 36 Bis 3, second paragraph, fraction IV; fourth, fifth, and sixth paragraphs; 37, first paragraph, fraction IV; second paragraph; and 120 of that Law regarding community financial societies with operations levels I to IV and Rural Financial Integration Organizations.
Article 53, fraction VI. Request the additional documentation considered necessary to grant authorization to a Federation.
Article 53, last paragraph. Approve the modifications intended to be made to the bylaws, as well as the internal regulations of a Federation. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 67, penultimate paragraph. Authorize Federations to agree among themselves on the establishment of common supervision committees. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 101, fraction III. Authorize extraordinary fees to be borne by popular financial societies, as determined by the Technical Committee. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 104, fraction V, first paragraph. Approve the method for calculating the periodic fees corresponding to deposit insurance. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 109, fraction I. Authorize the amount of extraordinary contributions that the Technical Committee determines for this purpose. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 122 Bis, second paragraph. Request information and documentation from popular financial societies, as well as from the Federations and the Technical Committee and the Administrator of the Savings Protection System, establishing the deadlines and means of presentation.
Article 124 Bis, third paragraph. Notify the interested party, in writing and only once, to remedy the omission within a term that shall not be less than ten business days.
Article 124 Bis 1. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding in any case half of the originally provided deadline in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 136 Bis 3, first paragraph. Authorize the self-correction programs that popular financial societies, community financial societies with operations levels I to IV, Rural Financial Integration Organizations, or Federations submit to the Commission for such effect, in the cases provided for in that article and in the applicable general provisions. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 136 Bis 4, penultimate paragraph. Order modifications or corrections to the self-correction programs of popular financial societies, community financial societies with operations levels I to IV, Rural Financial Integration Organizations, or Federations, with the purpose that the program complies with what is established in this article and in the applicable general provisions, as well as authorize the extensions referred to in that article. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 136 Bis 6. Authorize the self-correction programs presented to it by natural persons and other legal entities subject to the Commission's supervision when, in the course of their activities, they detect irregularities or non-compliance with what is provided for in that Law and other applicable provisions, subject to what is provided for in Articles 136 Bis 3 to 136 Bis 5 of that Law, as applicable. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
V. Law to Regulate the Activities of Savings and Loan Cooperative Societies:
Article 3, second paragraph. Authorize persons to use the terms established in the first paragraph of that article. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 10, third paragraph. Deliver the Commission's resolution on the authorization requests to the Auxiliary Supervision Committee, as well as to the requesting societies referred to in that article.
Article 10, fifth paragraph. Rule on the request for review of the unfavorable ruling issued by the Auxiliary Supervision Committee. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 10, eighth paragraph. Request the publication in the Official Journal of the Federation of the authorizations and modifications thereto referred to in that article.
Article 10, last paragraph. Authorize the change of operations level of savings and loan cooperative societies, prior to a ruling from the Auxiliary Supervision Committee. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 11, penultimate paragraph. Verify that the application referred to in Article 10 of that Law and that article itself comply with what is provided for in that Law, for which it may corroborate the veracity of the information provided. This power shall be exercised jointly with the General Directorates of Supervision of Savings and Loan Cooperatives A or B, as appropriate, when it comes to requesting information from dependencies and entities of the Federal Public Administration and other federal instances.
Article 12. Authorize savings and loan cooperative societies with assets lower than the equivalent in national currency to 2,500,000 UDIS to operate with an operations level other than basic. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 19, second paragraph. Authorize savings and loan cooperative societies to carry out operations analogous or related to those indicated in fractions I to IV of that article, provided that these do not contravene the nature or object of savings and loan cooperative societies. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 19, third paragraph. Authorize savings and loan cooperative societies to carry out additional operations to those of the operations level assigned to them. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 21, second paragraph, fraction II. Authorize savings and loan cooperative societies with operations levels I to IV to disclose information related to their portfolio or other assets in the cases referred to in this fraction. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 21, last paragraph. Give an opinion to the Technical Committee, so that it in exceptional cases authorizes savings and loan cooperative societies with operations levels I to IV to assign or discount their credit portfolio with persons other than those indicated in the first paragraph of that article, when their financial situation so requires. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 30 Bis, second paragraph. Approve the constitutive deed or its modifications. This power shall be exercised by analyzing and ruling on the operational, economic, financial, and administrative aspects of the acts within its competence.
Article 45, first paragraph. Give an opinion to the Technical Committee of the Protection Fund on the appointments of its members. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 47, fraction IV. Give an opinion to the Technical Committee of the Protection Fund on the establishment of regional offices of the Auxiliary Supervision Committee. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 47, fraction VII. Approve the method for calculating the periodic fees for auxiliary supervision and those corresponding to deposit insurance. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 51, first paragraph. Give an opinion regarding the managers of the regional offices that are established by agreement of the Technical Committee for the integration of the Auxiliary Supervision Committee. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 51, fifth paragraph. Give an opinion regarding the removal of the members of the Auxiliary Supervision Committee, as well as the members of the regional offices. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 56, fraction III. Authorize the extraordinary fees determined by the Technical Committee, to be borne by savings and loan cooperative societies with operations levels I to IV. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 58, fraction I. Authorize the amount of extraordinary contributions that the Technical Committee determines for this purpose. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 70, second paragraph. Request information and documentation from savings and loan cooperative societies with operations levels I to IV, as well as from the Technical Committee, the Auxiliary Supervision Committee, and the Cooperative Savings Protection Committee, as well as establish the deadlines and means of presentation. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 73, third paragraph. Notify the interested party, in writing and only once, to remedy the omission within a term that shall not be less than 10 business days.
Article 74. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding, in any case, half of the originally provided deadline in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 108 Bis, first paragraph. Authorize the self-correction programs that savings and loan cooperative societies with operations levels I to IV submit for such effect, in the cases provided for in that article and in the applicable general provisions. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 108 Bis 1, penultimate paragraph. Order modifications or corrections to the self-correction programs of savings and loan cooperative societies with operations levels I to IV, submitted for the authorization of the Commission, with the purpose that the program complies with what is established in that article and in the applicable general provisions, as well as authorize the extensions referred to in said article. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 108 Bis 3. Authorize the self-correction programs presented to it by natural persons and other legal entities subject to the Commission's supervision when, in the course of their activities, they detect irregularities or non-compliance with what is provided for in that Law and other applicable provisions, subject to what is provided for in Articles 108 Bis to 108 Bis 2 of that Law, as applicable. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
VI. Credit Union Law:
Article 6, first paragraph. Give an opinion to the Ministry of Finance and Public Credit when deemed appropriate for the better fulfillment of the attributes conferred by that Law.
Article 9, third paragraph. Notify the interested party, in writing and only once, to remedy the omission within a term that shall not be less than ten business days.
Article 11. Extend the deadlines established in that Law, at the request of the interested party, without such extension exceeding in any case half of the originally provided deadline in the applicable provisions, when the matter so requires and there is no knowledge that third parties' rights are prejudiced.
Article 14, second paragraph. Give a favorable opinion regarding the draft bylaws attached to the authorization requests for the organization and operation of credit unions, as well as approve the public instrument in which the bylaws of the society are recorded in terms of that Law. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 16, second paragraph. Approve the corporate bylaws of credit unions, as well as their modifications. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 17, fraction VI. Require the additional documentation and information related to the authorization applications referred to in said article.
Article 17, second paragraph. Verify that the application referred to in said article complies with what is provided for in that Law, for which it may corroborate the veracity of the information provided. This power shall be exercised jointly with the General Directorate of Supervision of Credit Unions when it comes to requesting information from dependencies and entities of the Federal Public Administration.
Article 17, third paragraph. Instruct the Treasury of the Federation to make effective the guarantee for the original amount of the deposit mentioned in fraction V of that article in the cases referred to in said paragraph.
Article 18, last paragraph. Establish the cases and conditions in which credit unions may temporarily acquire the shares representing their own capital, seeking their sound development and liquidity. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 19, first paragraph. Authorize credit unions to pay shares in kind, considering the financial situation of the union and ensuring its liquidity and solvency. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 20, second paragraph. Authorize that the share capital of credit unions may be integrated with a part represented by preferred shares up to an amount equivalent to twenty-five percent of the ordinary share capital. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 23, first paragraph, fraction II. Authorize a person or group of persons to acquire more than fifteen percent and up to thirty percent of the share capital of a credit union. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 23, first paragraph, fraction III, first paragraph. Authorize a group of persons that intends to acquire in its entirety the control or more than thirty percent of the share capital of a credit union. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 23, first paragraph, fraction IV. Authorize several persons who are not considered as a group of persons to acquire control or more than thirty percent of the share capital of a credit union. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 23, last paragraph. Authorize temporarily that a natural or legal person maintains participation in the share capital of a credit union in percentages greater than those indicated in fraction III of that article, in case the stability and solvency of the credit union in question is at risk, and in order to restore the net capital of said credit union referred to in Article 48 of that Law, and to comply with a capital restoration plan referred to in Article 80, fraction I, subsection b). This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 37, fraction I, subsection c). Require the additional documentation and information related to said article.
Article 38, second paragraph. Require the additional documentation related to evaluate the application referred to in said article.
Article 38, penultimate paragraph. Authorize, on the occasion of the spin-off of a credit union, the transmission to the spun-off society of active operations, liabilities, trusts, and commissions of the spinning-off union, when it considers that the interests of the members of the unions in the respective operations are not adversely affected and there is no opposition from creditors. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 40, fraction XVIII. Authorize credit unions to acquire securities representing the capital of commercial societies, including those that provide them with complementary or auxiliary services in their administration, or in the realization of their object, as well as of real estate societies that are owners or administrators of properties intended for their offices. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 41, first paragraph. Authorize the celebration of foreign exchange purchase and sale operations exclusively with their members. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 43, first paragraph. Authorize credit unions to begin operations or change the operations level referred to in Article 39 of that Law. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 47, last paragraph. Authorize specific operations for amounts exceeding the maximum limits, when the characteristics of the same so justify. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 52, fraction V. Authorize exceeding fifty percent the portion of agricultural credits that are destined to cover the liabilities referred to in the second paragraph of Article 323 of the General Law of Negotiable Instruments and Credit Operations, provided that compliance with the requirements indicated in Article 51 of the Credit Union Law is accredited. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 63, third paragraph. Authorize credit unions that enter into assignments or discounts of credit portfolios with other credit unions or persons other than those mentioned in the second paragraph of that article and that intend to respond for the solvency of the debtor, grant financing to the assignee or discountee, or agree with the latter obligations or rights that allow them to reacquire the assigned or discounted credit portfolio. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 63, fraction II. Authorize credit unions to disclose information related to their portfolio or other assets in the cases referred to in this fraction. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 78, first paragraph. Request information and documentation from credit unions and establish the deadlines and means of their presentation.
Article 80, fraction I, subsection b). Approve the capital restoration plan presented to them by credit unions, which results in an increase in their capitalization index. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 88. Authorize the change of registered office of credit unions. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 89. Authorize the acquisition of shares or participations in the share capital of foreign companies or corporations. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 94, third paragraph. Authorize a regularization program referred to in said article, which meets the requirements established for this purpose in the general provisions referred to. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 96, first paragraph. Specify the form and terms in which credit unions must comply with their requirements.
Article 98 Bis, first paragraph. Authorize credit unions that request the Commission to cease operating as a credit union, without being obliged to dissolve and liquidate, provided they meet the requirements set forth in that article. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 103, fraction V. Authorize credit unions for a period not exceeding two years from the date of their acquisition to continue the exploitation of mines, metallurgical plants, rural estates, and commercial or industrial establishments, when they receive them in payment of credits or as guarantee for those already contracted, as well as to extend that period once, in exceptional cases, provided the extension does not exceed two years. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 119 Bis, first paragraph. Authorize the self-correction programs that credit unions submit for this purpose, in the cases provided for in that article and in the applicable general provisions. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 119 Bis 1, penultimate paragraph. Order modifications or corrections to the self-correction programs, with the purpose that the program complies with what is established in that article and in the applicable general provisions, as well as authorize the extensions referred to in that article. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
Article 119 Bis 3. Authorize the self-correction programs presented to them by natural persons and other legal entities subject to the supervision of the Commission when, in the course of their activities, they detect irregularities or non-compliance with what is provided for in that Law and other applicable provisions, subject to what is provided for in Articles 119 Bis to 119 Bis 2 of that Law, as applicable. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
VII. Securities Market Law
VIII. Law for the Protection and Defense of Users of Financial Services:
IX. Decree by which various provisions of the Credit Institutions Law, the General Law of Negotiable Instruments and Credit Operations, and the Organic Law of the National Bank for Public Works and Services are reformed, added to, and repealed, published in the Official Journal of the Federation on February 1, 2008:
(5)X. Law to Regulate Financial Technology Institutions:
(5)1) Article 5, second paragraph. Warn the interested party, in writing and only once, to remedy the omission in the terms provided for in the cited article.
(5)2) Article 6, third paragraph. Extend the deadlines set forth in that Law and under the terms established in the cited article.
(5)3) Article 13, second paragraph. Authorize that credit institutions, brokerage houses, regulated multiple-object financial societies, popular financial societies, savings and loan cooperatives with operation levels I to IV, and credit unions may invest, directly or indirectly, in the share capital of financial technology institutions. This authorization must be granted under the same procedures and conditions applicable to investment in the share capital of other financial entities referred to in the respective financial laws. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
(5)4) Article 13, fifth paragraph. Authorize financial technology institutions that financial entities acquiring titles representing their share capital provide them with their respective technological infrastructures and auxiliary services to support their operations. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
(5)5) Article 15. Authorize the organization and operation of collective financing institutions, prior to agreement of the Interinstitutional Committee. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
(5)6) Article 19, first paragraph, fraction IV. Authorize that loans and credits obtained by collective financing institutions may be used to establish schemes that allow sharing with investors the risks of the projects provided for in that Law. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
(5)7) Article 22, first paragraph. Authorize the organization and operation of electronic payment fund institutions, prior to agreement of the Interinstitutional Committee. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
(5)8) Article 35, first paragraph. Authorize collective financing institutions or electronic payment fund institutions, prior to agreement of the Interinstitutional Committee. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
(5)9) Article 37, first paragraph. Authorize collective financing institutions or electronic payment fund institutions to carry out other types of operations indicated in that Law.
(5)10) Article 38. Publish in the Official Journal of the Federation the authorizations granted in accordance with that Law for the organization and operation of financial technology institutions.
(5)11) Article 40, third paragraph. Deny the partial or total start of operations when compliance with what is provided for in the cited article is not accredited. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
(5)12) Article 41. Authorize the acquisition or granting in guarantee, through one or more simultaneous or successive operations, of titles representing the share capital of a financial technology institution, by a person or group of persons. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
(5)13) Article 43. Request the necessary information to corroborate the truthfulness of the documentation and information provided with the authorization request, within the scope of its competence.
(5)14) Article 45. Authorize financial technology institutions to receive or deliver cash amounts to clients, as well as transfers of resources from or to deposit accounts opened in financial entities abroad or in other entities in foreign territory authorized to carry out operations similar to those referred to in that Law, in the cases and with the limits established through general provisions. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
(5)15) Article 47, fourth paragraph. Give an opinion to the Secretariat to authorize financial technology institutions to carry out analogous, related, or complementary operations. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
(5)16) Article 69 first paragraph, fraction IX. Declare the revocation of the authorization, at the request of the party, granted to the financial technology institution, prior to approval of the Interinstitutional Committee, analyzing the legality of the acts within its competence.
(5)17) Article 80, first paragraph. Authorize, prior to agreement of the Board of Directors, legal entities constituted in accordance with Mexican commercial legislation, other than financial technology institutions, financial entities, and other supervised subjects by the Commission, the National Insurance and Surety Commission, the National Retirement Savings System Commission, or the Bank of Mexico, to carry out any activity whose realization requires an authorization, registration, or concession in accordance with that Law or another financial law, through novel models.
(5)18) Article 86, first paragraph. Authorize, prior to agreement of the Board of Directors, financial entities, financial technology institutions, or other persons subject to the supervision of the Commission, to temporarily carry out operations or activities of their corporate purpose through novel models when their realization requires exceptions or conditions to what is contained in the general provisions applicable, issued by the Commission itself. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
(5)19) Article 91. Request information to corroborate the truthfulness of the information provided by societies authorized to operate with novel models, financial entities, and other persons subject to their supervision, when they offer products or provide services in accordance with Title IV of that Law. Likewise, request foreign bodies with similar supervisory or regulatory functions to corroborate the information provided for this purpose.
(5)20) Article 115, first paragraph. Authorize self-correction programs for the persons and Entities indicated in this provision, within the scope of their respective competence. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
(5)21) Article 116, fourth paragraph. Order modifications or corrections to self-correction programs with the purpose that they comply with what is established in the cited article and in the applicable general provisions, as well as authorize the extensions referred to in this provision. This power shall be exercised by analyzing and ruling on the legality of the acts within its competence.
(4)The Head of the General Directorate of Special Authorizations shall be assisted and supported in the processing and resolution of matters within its competence by the Coordinators of Special Authorizations A, B, and C, as well as the Coordinators of Financial Technology Authorizations A and B. Without prejudice to the foregoing, the aforementioned public servants shall have delegated the attributes corresponding to the Head of the General Directorate to which they are attached and within the scope of their competence, in which case they must observe what is provided in Title Four of the Internal Regulations of the National Banking and Securities Commission in all that is applicable.
Article 38.- The General Director of Provisions shall have delegated the powers contained in the following legal instruments:
I. Law of the National Banking and Securities Commission:
Article 4, fraction II. Issue the prudential regulation to which entities will be subject.
Article 4, fraction III. Dictate registration norms for operations applicable to entities.
Article 4, fraction IV. Establish rules for the estimation of assets and, where applicable, of the obligations and responsibilities of entities, in the terms set forth in the laws.
Article 4, fraction V. Issue norms regarding the information that entities must provide to it periodically.
Article 4, fraction VI. Issue general provisions establishing the characteristics and requirements that entity auditors must meet, as well as their opinions.
Article 4, fraction VII. Establish the criteria referred to in Article 2 of the Securities Market Law, as well as those of general application, in the financial sector regarding acts and operations considered contrary to commercial, banking, and stock exchange usages or sound practices of financial markets.
Article 4, fraction VIII. Act as a consultative body of the Federal Government in financial matters.
Article 4, fraction XXXI. Dictate general provisions relative to the form and terms in which issuing societies that possess insider information will have the obligation to make it known to the public.
Article 4, fraction XXXII. Issue norms establishing the minimum disclosure requirements to the public that securities rating institutions must satisfy regarding the credit quality of the issuances they have rated and on other aspects tending to improve the services they provide to users.
Article 4, fraction XXXIII. Issue rules to which brokerage houses must be subject when carrying out operations with their shareholders, directors, executives, and employees.
Article 4, fraction XXXVI. Issue the necessary provisions for the exercise of the powers that this law and other laws grant to the Commission and for the effective fulfillment of the same and of the provisions issued based on them.
Article 4, fraction XXXVIII. Exercise the powers attributed to the Commission to give an opinion on the rules or general provisions referred to in Articles 21, first paragraph, 68, first paragraph, 80, second paragraph, 81, first paragraph, 82, fraction IV, 84, first paragraph, 89 second paragraph, 91, third paragraph, 103, 113, second paragraph, 117, first paragraph, and 136, third paragraph of the Law to Regulate Financial Groupings; 7, second paragraph, 45-B, first paragraph, 81, first paragraph, 85 Bis, first paragraph, and 115, fourth paragraph of the Credit Institutions Law; 149, last paragraph, 212, first paragraph, and 226 Bis, first paragraph of the Securities Market Law; 63, first paragraph, and 91, first paragraph of the Investment Funds Law; 11 Bis 2, fraction XIII, 15, fraction I, first and third paragraphs, 16-A, 22 Bis, 45-Bis-2, first paragraph, 54, last paragraph, 84-A, 95, fourth paragraph, and 95 Bis, first paragraph of the General Law of Organizations and Auxiliary Credit Activities; 124, first paragraph of the Savings and Popular Credit Law; 71, first paragraph of the Law to Regulate the Activities of Savings and Loan Cooperatives; 129, first paragraph of the Credit Unions Law; 4, second paragraph, 18 last paragraph, 19, first paragraph, 19 Bis, third paragraph, 19 Bis, last paragraph of the Law for the Transparency and Ordering of Financial Services; 140, fraction III, second paragraph of the Insurance and Surety Institutions Law, and 60, first paragraph of the Organic Law of the National Bank for Agricultural, Rural, Forestry, and Fisheries Development.
Article 19. Specify the form and terms in which entities will be obliged to provide the Commission with data, reports, records, minute books, auxiliary records, documents, correspondence, and in general, any information that it deems necessary.
II. Law to Regulate Financial Groupings:
Article 21, first paragraph. Give an opinion to the Secretariat of Finance and Public Credit for the purpose of issuing general rules that regulate the other terms and conditions for the organization of controlling societies and the functioning of financial groups, in accordance with what is provided in that Law.
Article 34, third paragraph. Determine through general provisions, the requirements and conditions that independent directors must meet.
Article 41, first paragraph. Establish through general provisions, the criteria by which files accrediting compliance with what is stated in that article must be integrated.
Article 60, first paragraph. Issue general provisions, through which the terms in which the honorability and satisfactory credit history of the general director of the controlling society and of the officials with the two immediate lower hierarchies to the latter are accredited are established.
Article 68, first paragraph. Give an opinion to the Secretariat of Finance and Public Credit for the purpose of issuing rules for the establishment of subsidiaries.
Article 80, second paragraph. Give an opinion to the Secretariat of Finance and Public Credit for the purpose of issuing general provisions related to the offering of financial products or services of other financial entities that are linked to the financial products and services offered by the financial entity in question.
Article 81, first paragraph. Give an opinion to the Secretariat of Finance and Public Credit for the purpose of issuing general provisions related to the investments referred to in the cited article.
Article 82, fraction IV. Give an opinion to the Secretariat of Finance and Public Credit for the purpose of issuing general provisions related to the cases of exception for financial entities and legal entities in whose share capital a controlling society participates, which are not considered members of the financial group, to use the facilities and carry out the realization of operations that are their own, in the offices of the financial entities that are part of the financial group.
Article 84, first paragraph. Give an opinion to the Secretariat of Finance and Public Credit for the purpose of issuing general rules to which service and real estate providers in which the controlling society participates directly or through sub-controlling societies, as well as the latter, must be subject.
Article 89, second paragraph. Give an opinion to the Secretariat of Finance and Public Credit for the purpose of issuing general rules to which controlling societies that participate in the share capital of service and real estate providers must be subject, regarding investment limits and requirements.
Article 91, first paragraph. Issue jointly with the Insurance and Surety Commission and the Retirement Savings System Commission, prudential norms, on a consolidated basis, oriented to preserve the stability and solvency of financial groups in matters of comprehensive risk management, internal control, information disclosure, and those others it deems convenient to ensure the adequate functioning of financial groups.
Article 91, second paragraph. Issue jointly with the Insurance and Surety Commission and the Retirement Savings System Commission, through general provisions, the rules and criteria to which the accounting of the controlling and sub-controlling societies must be subject.
Article 91, third paragraph. Give an opinion to the Secretariat of Finance and Public Credit for the purpose of determining through general rules the composition of the net capital that controlling societies must maintain, which cannot be less than the amount resulting from summing the permanent investments valued by the participation method that they have in the subsidiary societies of the financial group, treating
of the net capital that financial groups in which a credit institution participates must maintain.
Article 92. Issue jointly with the Insurance and Sureties Commission and the Retirement Savings System Commission, the general provisions to which the accounting, books, and corresponding documents of controlling societies must adhere, and the period for which they must be preserved.
Article 93, first paragraph. Issue the general provisions governing the microfilming or recording on optical discs, or any other medium authorized by the Commission, of all books, records, and documents in general held by controlling societies, related to the acts of the controlling society itself.
Article 94, first paragraph. Issue jointly with the Insurance and Sureties Commission and the Retirement Savings System Commission, the general provisions that will ensure the transparency and reliability of the financial information of controlling societies and entities forming part of the financial group, and will establish the requirements for the approval of financial statements by the administrators of controlling societies; their dissemination through any means of communication, including electronic, optical, or any other technology; as well as the procedure for the review conducted by the Commission itself.
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Source: Comision Nacional Bancaria y de Valores — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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