Agreement Establishing the Electronic Means and Official Format for Reporting to the CNBV the Subscription of Information Exchange Agreements Between Entities of the Same Financial Group

AGREEMENT ESTABLISHING THE ELECTRONIC MEANS AND OFFICIAL FORMAT THROUGH WHICH THE COMISIÓN NACIONAL BANCARIA Y DE VALORES MUST BE INFORMED OF THE SUBSCRIPTION OF INFORMATION EXCHANGE AGREEMENTS BETWEEN ENTITIES OF THE SAME FINANCIAL GROUP

Published in the Official Gazette of the Federation on November 13, 2020.

The Comisión Nacional Bancaria y de Valores, based on the provisions of Articles 4, fraction XXXVI, and 16, fraction I of the Law of the Comisión Nacional Bancaria y de Valores; 62nd Sexies of the General Provisions referred to in Article 115 of the Law of Credit Institutions; 61st 1 of the General Provisions referred to in Article 212 of the Securities Market Law; 51st-1 of the General Provisions referred to in Article 95 of the General Law of Organizations and Auxiliary Credit Activities applicable to Exchange Houses; 52nd-1 of the General Provisions referred to in Articles 115 of the Law of Credit Institutions in relation to 87-D of the General Law of Organizations and Auxiliary Credit Activities and 95-Bis of this latter legislation, applicable to multiple-object financial societies; 55-1st of the General Provisions referred to in Article 91 of the Investment Funds Law; 51st-1 of the General Provisions referred to in Article 95 of the General Law of Organizations and Auxiliary Credit Activities applicable to General Warehouses; 64th Bis of the General Provisions referred to in Article 124 of the Popular Savings and Credit Law; and Article 80 of the General Provisions referred to in Article 58 of the Law to Regulate Financial Technology Institutions, and

CONSIDERING

That in accordance with Article 78 of the General Law for Regulatory Improvement and with the aim of reducing the compliance cost of this agreement, the Comisión Nacional Bancaria y de Valores published on August 21, 2020, in the Official Gazette of the Federation, the "Resolution that modifies the general provisions applicable to credit institutions," through which it exempted credit institutions from the obligation to submit an authorization request when they intend to contract commission banking services with development agencies;

That through various resolutions published in the Official Gazette of the Federation, the "General Provisions referred to in Article 115 of the Law of Credit Institutions" were modified on February 24, 2017; the "General Provisions referred to in Article 212 of the Securities Market Law," the "General Provisions referred to in Article 95 of the General Law of Organizations and Auxiliary Credit Activities applicable to Exchange Houses," and the "General Provisions referred to in Articles 115 of the Law of Credit Institutions in relation to 87-D of the General Law of Organizations and Auxiliary Credit Activities and 95-Bis of this latter legislation, applicable to multiple-object financial societies" were modified on March 9, 2017; the "General Provisions referred to in Article 91 of the Investment Funds Law" and the "General Provisions referred to in Article 95 of the General Law of Organizations and Auxiliary Credit Activities applicable to General Warehouses" were modified on March 23, 2017; and the "General Provisions referred to in Article 124 of the Popular Savings and Credit Law" were modified on April 4, 2017, and the "General Provisions referred to in Article 58 of the Law to Regulate Financial Technology Institutions" were issued on September 10, 2018, which, among other things, provide that entities that are part of financial groups in terms of the Law to Regulate Financial Aggregations may exchange information with other financial entities that are part of the same group under certain circumstances and subject to the conditions established in said provisions, with the aim of strengthening measures to prevent and detect acts, omissions, or operations that could trigger the scenarios provided for in Articles 139 Quáter and 400 Bis of the Federal Penal Code, provided that for this purpose agreements are concluded between them, and the Comisión Nacional Bancaria y de Valores is informed of the subscription of such agreements, and

That in this sense, it is necessary to establish the electronic means and the official format to inform the Comisión Nacional Bancaria y de Valores regarding the subscription of agreements concluded by entities belonging to the same financial group for the exchange of information regarding those operations they carry out with their clients or users, and whose purpose is to strengthen measures to prevent and detect acts, omissions, or operations that could trigger the scenarios provided for in Articles 139 Quáter and 400 Bis of the Federal Penal Code, it has resolved to issue the following:

AGREEMENT ESTABLISHING THE ELECTRONIC MEANS AND OFFICIAL FORMAT THROUGH WHICH THE COMISIÓN NACIONAL BANCARIA Y DE VALORES MUST BE INFORMED OF THE SUBSCRIPTION OF INFORMATION EXCHANGE AGREEMENTS BETWEEN ENTITIES OF THE SAME FINANCIAL GROUP

Article 1.- The purpose of this agreement is to establish the electronic means and the official format through which Entities must inform the Commission about the agreements concluded between Entities of the same Financial Group, for the exchange of information regarding the Operations they carry out with their Clients or Users, with other Entities that are part of the same Financial Group that are authorized to do so in accordance with the applicable Provisions, and that have as their purpose strengthening measures to prevent and detect acts, omissions, or operations that could trigger the scenarios provided for in Articles 139 Quáter or 400 Bis of the Federal Penal Code.

Article 2.- In addition to the definitions contained in the Provisions, for the purposes of this agreement, the following shall be understood, in singular or plural:

I. Provisions, as the "General Provisions referred to in Article 115 of the Law of Credit Institutions," published in the Official Gazette of the Federation on April 20, 2009; the "General Provisions referred to in Article 212 of the Securities Market Law," published in the Official Gazette of the Federation on September 9, 2010; the "General Provisions referred to in Article 95 of the General Law of Organizations and Auxiliary Credit Activities applicable to Exchange Houses," published in the Official Gazette of the Federation on September 25, 2009; the "General Provisions referred to in Articles 115 of the Law of Credit Institutions in relation to 87-D of the General Law of Organizations and Auxiliary Credit Activities and 95-Bis of this latter legislation, applicable to multiple-object financial societies," published in the Official Gazette of the Federation on March 17, 2011; the "General Provisions referred to in Article 91 of the Investment Funds Law," published in the Official Gazette of the Federation on December 31, 2014; the "General Provisions referred to in Article 95 of the General Law of Organizations and Auxiliary Credit Activities applicable to General Warehouses" published in the Official Gazette of the Federation on December 31, 2014; the "General Provisions referred to in Article 124 of the Popular Savings and Credit Law," published in the Official Gazette of the Federation on December 31, 2014; and the "General Provisions referred to in Article 58 of the Law to Regulate Financial Technology Institutions," published in the Official Gazette of the Federation on September 10, 2018, and, where applicable, their respective modifications.

II. Entities, as general warehouses, brokerage houses, exchange houses, multiple banking institutions, societies distributing shares of investment funds, regulated multiple-object financial societies, popular financial societies, societies operating investment funds, and financial technology institutions.

III. Financial Group, as that aggregation integrated by the Controlling Company and by financial entities, authorized by the Secretariat to function as such, in terms of Articles 11 and 12 of the Law to Regulate Financial Aggregations.

IV. SITI PLD/FT, as the Interinstitutional System for Information Transfer administered by the Commission.

Article 3.- Prior to the exchange of information referred to in Article 1 of this agreement, the Entities will inform the Commission electronically through the SITI PLD/FT, in "XML" file format, regarding the information exchange agreement concluded between the Entities that are part of the same Financial Group, in which they stipulate the following:

a) The confidential treatment that will be given to the exchanged information, and b) The positions of the officials authorized to carry out the aforementioned exchange.

The SITI PLD/FT will generate an electronic receipt in which the name of the sending Entity, folio number, date and time of receipt, as well as the total number of records sent, will be recorded.

The Entities will be responsible for the sending of the information in question, and for it meeting the quality and characteristics required.

The report referred to in this article must be sent only once and will be received assuming it meets all the required characteristics, for which reason it cannot be modified.

If, as a result of modifications made to their agreements, the fields contained in Annex A are also modified, the Entities will inform the Commission by indicating in the Observations field of the same Annex A that this is a modification.

Article 4.- The Commission will make available to the Entities, through the SITI PLD/FT and, where applicable, on its Internet portal, the catalogs provided by the Secretariat and by the Commission itself, so that the Entities capture the information they must include in the report referred to in this agreement, which is contained in Annex A of this instrument.

Article 5.- The handling of inquiries and the interpretation of this agreement, as well as the resolution of cases not provided for in this, will correspond to the Commission.

TRANSITIONAL

SINGLE. This agreement will enter into force on January 2, 2021.