Amending Circular 17/20 of the Single Insurance and Surety Circular

DOF: 28/12/2020

Amending Circular 17/20 of the Single Insurance and Surety Circular

A seal with the National Coat of Arms appears at the margin, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- National Insurance and Sureties Commission.

CIRCULAR

AMENDING

17/20

OF THE

SINGLE

INSURANCE

AND

SURETY

CIRCULAR

(Annex 39.1.5-a)

The National Insurance and Sureties Commission, based on the provisions of articles 366, fraction II; 367, fraction II; 372, fractions VI and XLII, 373 and 381 of the Insurance and Surety Institutions Law, and

CONSIDERING

That article 389 of the Insurance and Surety Institutions Law establishes that Institutions and Mutual Societies, as well as other persons and entities subject to the inspection and supervision of the National Insurance and Sureties Commission under the terms of said Law, must submit to it, in the form and terms established by general character provisions, the reports and proofs regarding their organization, operations, accounting, investments or assets that it requests for regulatory, supervisory, control, inspection, surveillance, statistical and other functions that it is assigned to exercise in accordance with said legal framework or other legal, regulatory and administrative provisions.

That Provision 39.1.5. of the Single Insurance and Surety Circular refers that Entities and Supervised Persons by the Commission that are obliged to deliver information to it through the computer system indicated in fraction I of Provision 39.1.8 of said Circular, must process the respective registration before said Decentralized Body for the use of electronic identification means, in accordance with what is provided in Annexes 39.1.5-a and 39.1.5-b of the same.

That the Commission seeks that the entry into the computer system indicated in fraction I of Provision 39.1.8 of the Single Insurance and Surety Circular be more efficient and secure, so it is necessary to modify fraction II, of Annex 39.1.5-a. of said Circular, in order to eliminate the access keys of the Institution or Mutual Society in question, managing only the entry with keys of the administrator designated by the institution, as well as those of the users responsible for sending information and reviewers.

In view of the foregoing, this Commission has resolved to issue the following modification to the Single Insurance and Surety Circular in the terms specified below:

AMENDING CIRCULAR

17/20

OF THE

SINGLE

INSURANCE

AND

SURETY

CIRCULAR

(Annex 39.1.5-a)

SOLE.- Annex 39.1.5-a. of the Single Insurance and Surety Circular is modified.

TRANSITORY

SOLE.- This Amending Circular will enter into force the day following its publication in the Official Gazette of the Federation.

The foregoing is made known to you, based on articles 366, fraction II; 367, fraction II; 372, fractions VI and XLII, 373 and 381 of the Insurance and Surety Institutions Law.

Respectfully,

Mexico City, December 22, 2020.- The President of the National Insurance and Sureties Commission, Ricardo Ernesto Ochoa Rodríguez.- Rubric.

ANNEX

39.1.5-a.

PROCEDURE FOR THE USE OF THE ELECTRONIC INFORMATION DELIVERY SYSTEM (SEIVE)

I. Access to the Electronic Information Delivery System (SEIVE) is restricted so that only authorized users can access said system and send the corresponding information to the Commission;

II. To use SEIVE, Institutions or Mutual Societies require:

a) Designate the person responsible for the administrator functions of SEIVE in the Institution or Mutual Society (hereinafter, "Administrator");

b) Register the SEIVE Administrator with the Commission. For this purpose, Institutions or Mutual Societies must use the Appointments and Person Registration System indicated in fraction II of Provision 39.1.8 of the Single Insurance and Surety Circular, selecting the option "Appointment of the Responsible Administrator for Electronic Information Delivery";

c) It is necessary that at the time of registering their appointment, they have the "Letter of Appointment of the Responsible Administrator of the Electronic Information Delivery System" and the "Format of Appointment of the Responsible Administrator of the Electronic Information Delivery System", both included in Annex 39.1.5-b, both filled out according to the requested data, as well as the additional documents required for the procedure;

d) The persons authorized to sign the "Letter of Appointment of the Responsible Administrator of the Electronic Information Delivery System" in their own hand will be:

1. For Institutions and Mutual Societies, the general manager, or in case of temporary absence of the latter, by some official of the immediately lower hierarchical level; and

2. In the case of legal entities other than Institutions or Mutual Societies, by the general manager or legal representative;

e) The procedure "Appointment of the Responsible Administrator for Electronic Information Delivery" is on the Commission's Website and any modifications to said procedure will be published there, without limiting that, in the Commission's judgment, other means of communication are used to disseminate its use;

f) The Commission will register the Administrator user key and deliver as a result of the procedure the temporary password of the administrator user designated by the Institution or Mutual Society. The temporary password assigned by the Commission must be changed by the Administrator through SEIVE itself to guarantee its confidentiality;

g) The SEIVE Administrator is responsible for the confidentiality and use given to their user key and password;

h) The Administrator must register in SEIVE each of the "users" for each type of information sent to the Commission; and

i) The Administrator must register in SEIVE the persons who, for the purposes of this Annex, will be called "reviewers", who may perform queries to monitor the delivery of the information that the Institution or Mutual Society is obliged to report to the Commission, which may have the faculty to request through SEIVE, if required, the extension of legally established deadlines for information delivery; these persons must belong to the internal comptroller of the Institution or Mutual Society in accordance with what is established in Provision 3.3.5 of this Circular.

III. To use SEIVE, supervised persons not included in those indicated in the previous fraction II require:

a) Having complied with the corresponding registration procedure and being authorized as a person subject to the supervision of this Commission;

b) Access key of the person in question, this access key will be generated through SEIVE itself and will be unique and non-transferable for each natural person, identifying them individually before the Commission;

c) For the generation of their access key through SEIVE, natural persons must provide the data that the system itself requests in order to validate before the Commission the validity of their registration and the necessary data to generate the referred access key. In case the user is not registered in the Unique Registry of Persons of this Commission, or their registration is not valid, they must carry out the corresponding procedures according to the figure that corresponds to them in accordance with what is provided in the Single Insurance and Surety Circular;

d) Supervised persons who obtain their access key can carry out the sending of the information to which they are obliged in accordance with the Single Insurance and Surety Circular within the deadlines and terms established in the corresponding Chapters regarding the information in question;

e) Supervised persons who obtain their access key will be responsible for the confidentiality and use given to their user key and password; and

f) Supervised persons who have an access key to SEIVE cannot designate other persons for the sending or consultation of the information to which they are obliged to deliver in the terms of the Single Insurance and Surety Circular.

IV. Authorized users to access SEIVE must adhere at all times to what is established in the "Instruction for Use of the Electronic Information Delivery System (SEIVE)", which is on the Commission's Website.

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