Amending Circular 2/18 of the Single Insurance and Surety Circular

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DOF: 26/04/2018

Amending Circular 2/18 of the Single Insurance and Surety Circular

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

AMENDING CIRCULAR 2/18 OF THE SINGLE INSURANCE AND SURETY CIRCULAR

(Provisions 4.12.1, 4.12.2,

4.12.3, 11.7.2, 11.7.3, 11.7.4, 32.6.2, 32.6.4, 32.6.8, 32.6.11,

39.1.8, 39.4.1, 39.4.8; Annex 39.4.8)

The National Insurance and Sureties Commission, based on the provisions of articles

366, fraction

II, 372, fractions VI and XLII, 373 and 381 of the Law of Insurance and Surety Companies, and

CONSIDERING

That on May 20, 2013, the " Decree approving the National Development Plan 2013-2018 " was published in the Official Gazette of the Federation, which contains the objectives, strategies, indicators and

goals that will govern the performance of the Federal Government during the current administration.

That the aforementioned Plan foresees as a general strategy, raising productivity to bring Mexico to its

maximum potential, so its government action is oriented around various national goals and

cross-cutting strategies, among which is that of " Close and Modern Government " ,

with the intention of raising the levels of digitalization and modernization of procedures and services

of the

State.

In that sense, the National Insurance and Sureties Commission dedicates additional effort to

increase the degree of digitalization of three procedures corresponding to the Registration of Signatures of

Representatives of Institutions to Sign and Stamp Guarantees and Registration of Signatures of Agents

Mandatories.

That the modification made to the Single Insurance and Surety Circular is due to a commitment that

the National Insurance and Sureties Commission undertook within the framework of the " Regulatory Improvement Program 2017- 2018 " , in the sections " High Impact Simplification Actions Regulations " and

" High Impact Simplification Actions Procedures " .

That in order to comply with Article Five of the " Agreement establishing the guidelines that must be

observed by the dependencies and decentralized organisms of the Federal Public Administration, in

regard to the issuance of general administrative acts to which article

69-H of the Federal Administrative Procedure Law applies " , published in the Official Gazette of the Federation of March 8

of 2017, the National Insurance and Sureties Commission will simplify the procedures identified as

CNSF-12-030 " Registration of signatures before the CNSF " and CNSF-12-053 " Authorization for the designation of agents

mandatories in insurance and sureties " , reducing requirements, optimizing times and without generating costs

for private parties in the following manner:

With regard to procedure CNSF-12-030 " Registration of signatures of officials before the National Commission

of

Insurance and Sureties " , whose basis is found in articles 165 and 168 of the Law of Insurance and Surety Companies, it is simplified by eliminating the physical delivery of documentation related to the

registration of signatures; the response deadlines of the authority are reduced and made available to the

institutions without generating cost, the Signature Registration System of Representatives of Institutions

to Sign and Stamp Guarantees and Registration of Signatures of Mandatory Agents; finally, the sense

of the ficta is modified, to become positive in case the authority is omitted within the legally established deadline.

The procedure CNSF-12-053 " Authorization for the designation of mandatory agents in insurance and sureties " ,

whose basis is found in articles 93 of the Law of Insurance and Surety Companies, 21 of the

Regulation of Insurance and Surety Agents and chapter 32.6 of the Single Insurance and

Surety Circular, is simplified by eliminating the physical delivery of documentation related to the designation as mandatory agent; the response deadlines of the authority are reduced and made available to the institutions

without generating cost, the Signature Registration System of Representatives of Institutions to Sign and

Stamp Guarantees and Registration of Signatures of Mandatory Agents; finally, the sense of the ficta is modified,

to become positive in case the authority is omitted within the legally established deadline.

For the aforementioned reasons, this Commission has resolved to issue the following modification to the Circular

Single Insurance and Surety Circular in the following terms:

AMENDING CIRCULAR

2/18 OF THE SINGLE INSURANCE AND SURETY CIRCULAR

(Provisions 4.12.1, 4.12.2,

4.12.3, 11.7.2, 11.7.3, 11.7.4, 32.6.2, 32.6.4, 32.6.8, 32.6.11,

39.1.8, 39.4.1, 39.4.8; Annex 39.4.8)

FIRST.- Provisions 4.12.1, 4.12.2, 4.12.3, 11.7.2, 11.7.3, 32.6.2, 32.6.4, 32.6.8,

32.6.11, 39.1.8 and 39.4.1 of the Single Insurance and Surety Circular are modified, to read as follows:

4.12.1.

The registration of autograph, digital and, where applicable, electronic signatures of the representatives of the

Institutions to sign sureties, must be requested before the Commission, using for this purpose the

Signature Registration System of Representatives of Institutions to Sign and Stamp

Guarantees and Registration of Signatures of Mandatory Agents, which is available on the

Commission's Website.

To request said registration, Institutions must deliver, in accordance with the procedure

indicated in Chapters 39.1 and 39.4 of these Provisions, the following information:

a)

Full name of the prospect for Representative;

b)

Unique Population Registration Key;

c)

Hierarchical level or position of the prospect in the Institution;

d)

Indication of whether it is an individual or joint signature;

e)

The amounts up to which he is authorized to sign;

f)

The description of the branches and sub-branches of sureties he is authorized to sign;

g)

In case of authorizing electronic signatures, the serial number of the digital certificate; and

h)

The indication of whether it is an autograph, digital or electronic signature.

Likewise, they will present through the same System, the official identification with

photograph in PDF format and the signature of the prospect for Representative in .JPG format in black

ink and white background.

Likewise, they must complete Annex 4.12.1 and keep it, being available for the

case that the Commission requests it for inspection and supervision purposes.

4.12.2.

The Commission, within a period of ten business days following the receipt of the information

indicated in Provision 4.12.1, prior to analysis of the information, will issue via email

sent by the System referred to in the same Provision, the communication of

procedence or improcedence of the registration. After the aforementioned period has passed without this Commission

having issued a response, the resolution will be understood in a positive sense.

4.12.3.

Institutions must notify the Commission, through the System referred to in the

Provision 4.12.1 and within twenty business days following the occurrence, of the change

of any information indicated in Provision 4.12.1, as well as the addition or deletion of the

officials and representatives previously indicated, in order for the Commission to maintain an updated

record.

Such notice must be presented in accordance with the procedure indicated in Chapters 39.1 and

39.4 of these Provisions, attaching the information related to the addition or deletion that

corresponds to each official.

11.7.2.

When sending signatures to sign the certificates for stamping the encumbrances in

guarantee, Institutions must use the Signature Registration System of Representatives

of Institutions to Sign and Stamp Guarantees and Registration of Signatures of Mandatory

Agents, available on the Commission's Website and its delivery will adhere to the

procedure indicated in Chapters 39.1 and 39.4 of these Provisions,

accompanying the following information:

a)

Full name of the prospect for Representative;

b)

Unique Population Registration Key;

c)

Hierarchical level or position of the prospect in the Institution;

d)

Indication of whether it is an individual or joint signature; and

e)

The indication of whether it is an autograph or digital signature.

Likewise, they will present through the same System the official identification with

photograph in PDF format and the signature of the prospect for Representative, in .JPG format in black

ink and white background.

Likewise, they must complete Annex 11.7.2 and keep it, being available for the

case that the Commission requests it for inspection and supervision purposes.

11.7.3.

Institutions will notify the Commission, within twenty business days following,

the deletion or modification of the information of the officials and representatives indicated in this

Chapter, in order for the Commission to maintain an updated record of them. Such notice

must be made in accordance with the procedure indicated in Chapters 39.1 and 39.4 of the

present Provisions.

32.6.2.

Institutions interested in designating Mandatory Agents must present the respective

request through the Signature Registration System of Representatives of Institutions

to Sign and Stamp Guarantees and Registration of Signatures of Mandatory Agents, available on the

Commission's Website, in accordance with Chapters 39.1 and 39.4 of these Provisions,

which must contain the following information:

I.

The name of the Individual Agent or the denomination of the Legal Entity Agent and the

name of the Attorney-in-Fact

to whom the corresponding mandate is intended to be granted; in

the second case, a simple copy of the bylaws of the Legal Entity Agent must also be attached,

in order to determine that within the activities

inherent to its corporate object, is that of acting as a Mandatory Agent;

II.

Unique Population Registration Key;

III.

The operations and insurance branches with respect to which the mandate will be granted,

as well as the authorized surety branches;

IV.

The powers that according to the Regulation of Insurance and Surety Agents will be

granted to the Mandatory Agent; and

V.

The authorized amount.

Likewise, they will present through the same System the official identification with

photograph and simple copy of the bylaws of the Legal Entity Agent, in PDF format, as

well as the signature of the prospect for

Mandatory Agent or Attorney-in-Fact of Legal Entity Agent

Mandatory, in .JPG format in black ink and white background.

The Commission, within a period of ten business days following the receipt of the information

indicated in this Provision, will issue through the Signature Registration System of

Representatives of Institutions to Sign and Stamp Guarantees and Registration of Signatures of

Mandatory Agents, the procedence or improcedence of the registration of the mandatory.

After the aforementioned period has passed without this Commission having issued a response, it will be understood that the

resolution is in a positive sense.

32.6.4.

Having met the registration requirements provided for in Provisions 32.6.2 and 32.6.3, the Commission

will communicate the procedence of the designation, in order for the prospect of mandatory agent

or attorney-in-fact of legal entity mandatory agent, to request through the Appointment and

Person Registration System, the issuance of the credential.

32.6.8.

Upon the expiration of the credential referred to in Provision 32.6.5, the Institutions

interested, if applicable, may request the renewal of the mandate, for which they must

present before the Commission the ratification of the designation as mandatory to the interested party,

in accordance with what is provided in Provisions 32.6.2. and 32.6.4.

32.6.11.

When Institutions determine to modify or revoke the mandates they have granted in the

terms of this Chapter, they must inform the Commission within ten business days

following the date of the modification or revocation in question, using for this purpose the

Signature Registration System of Representatives of Institutions to Sign and Stamp

Guarantees and Registration of Signatures of Mandatory Agents indicated in Chapters 39.1 and 39.4 of

the present Provisions.

39.1.8.

Regarding the delivery of information through electronic means referred to in

fraction I of Provision 39.1.7, the Entities and Supervised Persons will use the

following computer systems, which will be available through the Website of

the

Commission:

I.

a III. ...

IV.

System for Notification of Requirement Letters,

V.

System for Regularization Plans and Self-Correction Programs, and

VI.

Signature Registration System of Representatives of Institutions to Sign and Stamp

Guarantees and Registration of Signatures of Mandatory Agents.

39.4.1

For the delivery of the information referred to in fractions II, III and VI of the

Provision

39.1.8, the entities and supervised persons must adhere to what is stated in the present

Chapter.

SECOND.- Provisions 11.7.4 and 39.4.8 are added to the Single Insurance and Surety Circular, to

read as follows:

11.7.4.

The Commission, within a period of ten business days following the receipt of the information

indicated in Provisions 11.7.2 and 11.7.3, prior to analysis of the information, will issue through

the System referred to in Provision 11.7.2 the procedence or improcedence of the registration.

After the aforementioned period has passed without this Commission having issued a response, it will be understood that the

resolution is in a negative sense.

39.4.8.

The

Institutions that use the Signature Registration System of Representatives of the

Institutions to Sign and Stamp Guarantees and Registration of Signatures of Mandatory Agents

referred to in fraction VI of Provision 39.1.8, must effect, remotely, through

Internet, the registrations of the signatures of officials and mandatory agents provided for in the

Chapters 4.12, 11.7 and 32.6 of these Provisions.

For this, the entities and supervised persons must adhere to what is stated in Annex

39.4.8 of these Provisions, as well as to what is established in the " User Guide for the

Signature Registration System of Representatives of Institutions to Sign and Stamp

Guarantees and Registration of Signatures of Mandatory Agents " , which will be available on the Website

of the Commission.

THIRD.- The denomination of Chapter 39.4 of the Single Insurance and Surety Circular is modified

to read as follows:

" CHAPTER 39.4.

OF THE APPOINTMENT AND PERSON REGISTRATION SYSTEMS,

DOCUMENT REGISTRATION AND

SIGNATURE REGISTRATION OF REPRESENTATIVES OF INSTITUTIONS TO SIGN AND STAMP

GUARANTEES AND REGISTRATION OF SIGNATURES OF MANDATORY AGENTS "

FOURTH.- The " Content " of the Single Insurance and Surety Circular is modified to refer to

the new denomination of Chapter 39.4 of the same Circular to read as follows:

" Content

"...

" CHAPTER 39.4.

OF THE APPOINTMENT AND PERSON REGISTRATION SYSTEMS,

REGISTRATION OF

DOCUMENTS AND

SIGNATURE REGISTRATION OF REPRESENTATIVES OF THE

INSTITUTIONS TO SIGN AND STAMP GUARANTEES AND REGISTRATION OF

SIGNATURES OF MANDATORY AGENTS "

"..."

FIFTH.- Annex 39.4.8 of the Single Insurance and Surety Circular is added.

SIXTH.- The " LIST OF ANNEXES OF THE SINGLE INSURANCE AND SURETY CIRCULAR " is modified

to refer to Annex 39.4.8, and to read as follows:

" LIST OF ANNEXES OF THE SINGLE INSURANCE AND SURETY CIRCULAR

"...

" Annex 39.4.8

Procedure for the use of the Signature Registration System of Representatives of

Institutions to sign and stamp guarantees and Registration of Signatures of Mandatory

Agents.

"..."

SEVENTH.- The " LIST OF DOCUMENTATION AND INFORMATION REFERRED TO IN THE

SINGLE INSURANCE AND SURETY CIRCULAR TO WHICH ACCESS IS MADE THROUGH THE WEBSITE OF

THE COMMISSION " is modified to refer to the " Signature Registration System of Representatives of

Institutions to Sign and Stamp Guarantees and Registration of Signatures of Mandatory Agents " , as well as to the

" User Guide for the Signature Registration System of Representatives of Institutions to Sign and

Stamp Guarantees and Registration of Signatures of Mandatory Agents " to read as follows:

" LIST OF DOCUMENTATION AND INFORMATION REFERRED TO IN THE SINGLE INSURANCE AND

SURETY CIRCULAR TO WHICH ACCESS IS MADE THROUGH THE WEBSITE OF THE COMMISSION

"...

" Provision 4.12.1

Signature Registration System of Representatives of Institutions to Sign

and Stamp Guarantees and Registration of Signatures of Mandatory Agents

" http://www.gob.mx/cnsf/acciones-y-programas/sistemas-de-informacion-30249?idiom=es

"..."

" Provision 39.4.8

User guide for the Signature Registration System of Representatives of the

Institutions to Sign and Stamp Guarantees and Registration of Signatures of Mandatory

Agents

" http://www.cnsf.gob.mx/Sistemas/Paginas/InstructivosCatalogosManuales.aspx

"..."

TRANSITORY

FIRST.- This Amending Circular will enter into force the day after its publication in the

Official Gazette of the Federation.

SECOND.- The first registration in the Signature Registration System of Representatives of Institutions

to Sign and Stamp Guarantees and Registration of Signatures of Mandatory Agents, must be made at the

latest within 90 days following the date of publication of the present. Upon expiration of the cited term, the

signature registrations for signing and stamping guarantees, granted prior to the entry into force of the

present, will become void.

THIRD.- Mandate contracts that had been entered into prior to the entry into force of the

present, will remain in force, until such time as they are modified or the validity established in

said contracts expires.

FOURTH.- This Commission, in order to comply with Article Five of the " Agreement establishing the guidelines

that must be observed by the dependencies and decentralized organisms of the Federal Public Administration

, regarding the issuance of general administrative acts to which article 69-H of the Federal Administrative Procedure Law applies " published in the Official Gazette of the

Federation of March 8, 2017, simplifies the obligations to present in writing the requests

for registration of signatures of representatives of institutions to sign sureties, stamp guarantees and the

presentation in writing of the request to designate mandatory agents, simplifying for this purpose the procedures

identified as CNSF-12-030 " Registration of signatures of officials before the National Commission of Insurance and

Sureties " and CNSF-12-053 " Authorization for the designation of mandatory agents in insurance and sureties " .

The foregoing is made known to you, based on articles 366, fraction II, 372, fractions

VI and XLII, 373 and 381, of the Law of Insurance and Surety Companies.

Respectfully,

Effective Suffrage. No Re-election.

Mexico City, April 20, 2018. - The President of the National Insurance and Sureties Commission,

Norma Alicia Rosas Rodríguez.- Rubric.

ANNEX 39.4.8

PROCEDURE FOR THE USE OF THE SIGNATURE REGISTRATION SYSTEM OF REPRESENTATIVES

OF

THE INSTITUTIONS TO SIGN AND STAMP GUARANTEES AND REGISTRATION

OF SIGNATURES OF

MANDATORY AGENTS

I.

Access to the Signature Registration System of Representatives of Institutions to Sign and

Stamp Guarantees and Registration of Signatures of Mandatory Agents is restricted

to the

persons in charge of capturing and sending the information in question (hereinafter " users " ), designated by the Institutions for sending the information corresponding to the module for which

they are authorized by the Commission;

II.

For all matters related to the capture, sending and receipt of information related to the modules

of the Signature Registration System of Representatives of Institutions to Sign and Stamp

Guarantees and Registration of Signatures of Mandatory Agents, indicated in fraction I, the users

authorized must observe what is stated in the document " User Manual of the System

of Signature Registration of Representatives of Institutions to Sign and Stamp Guarantees and

Registration of Signatures of Mandatory Agents " available on the Commission's Website;

III.

To make use of the modules of the Signature Registration System of Representatives of the

Institutions to Sign and Stamp Guarantees and Registration of Signatures of Mandatory Agents,

the

Institutions require:

a)

Designate

before the Commission the users

in charge of capturing and sending the information of

that is in question.

The format of the designation will be free and must be prepared on letterhead paper

of the Institution and signed by the General Director or his equivalent or

by officials with the two

hierarchies immediately below those of him.

b)

Register before the Commission the access keys and passwords of the designated users and

authorized for the use of the System.

IV.

The authorization of the designation of users before the Commission must:

a)

Be carried out by the General Director of the Institution or his equivalent or by officials with the

two hierarchies immediately below those of him, by presenting the " Format for

Authorization of User Designation " attached to the present, filled out according to the

data requested and signed autographically, both by the

official who authorizes,

as well as by the

user

designated and authorized. This format must also be used in cases where

the cancellation of the designation of users is requested and

prepared on letterhead paper of

the Institution, and

b)

Consider a maximum of five users per Institution for the Signature Registration System

of Representatives of Institutions to Sign and Stamp Guarantees and Registration of Signatures of

Mandatory Agents;

V.

The Users referred to in subsection a) of fraction III must:

a)

Go to the Commission, only once, in order to generate the user keys and passwords

necessary for the use of the Signature Registration System of Representatives of the

Institutions to Sign and Stamp Guarantees and Registration of Signatures of Mandatory Agents,

which will have the character of personal and non-transferable and which will conform to

accordance with what is established in the document " User Manual of the Signature Registration System

of Representatives of Institutions to Sign and Stamp Guarantees and Registration of Signatures of

Mandatory Agents " , available on the Commission's Website, and

b)

Each of the users

designated and authorized, must present to the Commission the format

"Acceptance of Responsibility of Users", signed by hand, accompanied by

a copy of their current official identification and in a closed envelope, through which they will accept their

responsibility in the use of the Signature Registration System for Representatives of

Institutions to Sign and Stamp Guarantees and Registration of Signatures of Mandatory Agents.

In said format, the Commission must be provided with the user key and the temporary password

that they will use to access the Signature Registration System for Representatives of

Institutions to Sign and Stamp Guarantees and Registration of Signatures of Mandatory Agents.

Format for Designation of Users

National Insurance and Surety Commission,

The undersigned, in the capacity of [ (General Director or

equivalent or with the two immediate lower hierarchies

below that of the latter) ] of

(name of the Institution), appear before that National Commission of

Insurance and Surety, under the terms of Chapters 39.1 and 39.4 of the Single Insurance and Surety Circular,

for [designate or revoke the designation] of the following person as a user of the Signature Registration

System for Representatives of Institutions to Sign and Stamp Guarantees and Registration of Signatures

of

Mandatory Agents, for the Institution I represent.

The undersigned is duly authorized to carry out this action, in terms of what is

provided in Article 58 of the Law of Insurance and Surety Institutions.

DATA OF THE USER BEING DESIGNATED:

Through this, the designated user accepts their responsibility in the use of the System

of Registration of Signatures of Representatives of Institutions to Sign and Stamp Guarantees and Registration

of

Signatures of Mandatory Agents.

Name of the Institution

Name of the User

User's Position

Phone

Address

Email address

Signature:

DATA OF THE USER WHOSE

DESIGNATION IS REVOKED:

Name of the User

User's Position

Phone

Address

Email address

Signature:

Name, signature and position of the General Director, their equivalent, or the official with the two immediate hierarchies

lower than that of the latter.

(This document must be prepared on the Institution's letterhead)

Annex.- Photocopy of the current official identification of the User.

---

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