Amending Circular 20/16 of the Single Insurance and Surety Circular — SHCP — MX

DOF: 23/11/2016

AMENDING CIRCULAR 20/16 OF THE SINGLE INSURANCE AND SURETY CIRCULAR

(Provisions 30.6.3., 30.6.5., 30.6.6., 32.2.2. and 32.7.5.; Annexes 30.6.4 and 32.7.5)

The National Insurance and Surety 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 actions of the Federal Government during the current administration.

That the aforementioned Plan foresees as a general strategy to raise productivity to bring Mexico to its maximum potential, so that government action is oriented around various national goals and cross-cutting strategies, among which is the "Close and Modern Government" strategy.

That the aforementioned cross-cutting strategy establishes that it is imperative to have an efficient government with evaluation mechanisms that allow improving its performance and the quality of services; that simplifies regulations and government procedures, and renders clear and timely accountability to the citizenry, therefore policies and programs must be framed within a public administration oriented to results, which optimizes the use of public resources.

That regulatory improvement is a public policy consisting of the generation of clear norms, simplified procedures and services, as well as effective institutions for their creation and application, which are oriented to obtain the maximum possible value from the available resources and the optimal functioning of the commercial, industrial, productive, service and human development activities of society as a whole, which fosters economic competition, facilitates business development, incentivizes formality and stimulates business activity.

That on April 4, 2013, the "Decree by which the Law of Insurance and Surety Companies is issued and various provisions of the Law on the Insurance Contract are reformed and added" was published in the Official Gazette of the Federation, in whose First Article the Law of Insurance and Surety Companies is issued.

That on December 19, 2014, the Single Insurance and Surety Circular was published in the Official Gazette of the Federation with the provisions derived from the Law of Insurance and Surety Companies, systematizing its integration and homogenizing the terminology used, in order to thereby provide legal certainty regarding the regulatory framework to which insurance institutions and mutual insurance societies, surety institutions and other persons and entities subject to the inspection and supervision of the National Insurance and Surety Commission must adhere in the development of their operations.

That in order to comply with the objectives set forth in the "Strategy for Simplification of High-Impact Procedures of the Federal Public Administration" regarding the simplification of administrative burdens faced by individuals as a result of federal regulation, the National Insurance and Surety Commission has deemed it necessary to modify various Provisions and Annexes of the Single Insurance and Surety Circular in order to carry out an exercise of simplification of the procedures provided for in the aforementioned legal norms, eliminating in effect the request for the Unique Population Registry Key (CURP) as one of the requirements thereof.

For the aforementioned reasons, this Commission has resolved to issue the following modification to the Single Insurance and Surety Circular in the following terms:

AMENDING CIRCULAR

20/16 OF THE SINGLE INSURANCE AND SURETY CIRCULAR

(Provisions 30.6.3., 30.6.5., 30.6.6., 32.2.2. and 32.7.5.; Annexes 30.6.4 and 32.7.5)

FIRST.- Provisions 30.6.3., 30.6.5., 30.6.6., 32.2.2 and 32.7.5. are modified, to read as follows:

30.6.3.

...

II.

...

In addition to what is stated in the preceding paragraph, the Commission will take into account all those documents that the applicant provides and that allow demonstrating that they have the theoretical knowledge in insurance or surety matters required, such as: participation in courses, conferences, national or international seminars, congresses, etc., as well as documentation that supports the applicant's experience, such as letters issued by an Institution or Mutual Society or other type of documents, and

III.

Copy of the respective professional license issued by the Secretariat of Public Education, which must contain the Unique Population Registry Key, as well as its original for comparison purposes; in the event that such license does not contain the Unique Population Registry Key, a copy and original thereof must be presented for comparison purposes.

30.6.5

The registration of the legal auditor with the Commission shall be formalized, within a period that may not exceed 10 business days counted from the date of the appointment obtained for such purposes, through the issuance of a certificate valid for three years, as long as such registration is not suspended or cancelled by the Commission. To obtain said certificate, the legal auditor must comply, to the satisfaction of the Commission, with what is established in this Chapter and obtain an appointment through the Appointment and Person Registration System indicated in Chapters 39.1 and 39.4., of these Provisions.

30.6.6

The registration may be renewed for periods of three years. The renewal request must be presented in the terms provided in Annex 30.6.6., whose delivery will adhere to the procedure established in Chapters 39.1 and 39.4., of these Provisions. For the renewal of said certificate, the legal auditor must prove that they continue to comply, to the satisfaction of the Commission, with what is established in this Chapter and obtain an appointment through the Appointment and Person Registration System indicated in Chapters 39.1 and 39.4., of these Provisions. The period to grant the renewal certificate may not exceed 15 business days counted from the appointment obtained for such effect.

32.2.2.

...

II.

Photostatic copy of valid official identification with photograph, which must contain the Unique Population Registry Key; in the event that such identification does not contain the Unique Population Registry Key, a simple copy must be on file prior to the comparison that has been carried out by the Institution.

III. and IV.

...

Photostatic copy of the Tax Identification Card or, in its absence, the Registration with the Tax Administration Service, of the Format of Notice of Modification of Worker Salaries issued by the Mexican Social Security Institute, or of the contribution receipt to the Retirement Savings System;

VI.

Photostatic copy of the proof of address, with a maximum age of three months, which may be a property tax payment slip, rent payment receipt, water, telephone, electricity, gas or account statements issued by a financial institution;

VII.

Certificate or record of theoretical propaedeutic training, and

VIII.

Copy of the receipt of having made the payment of corresponding fees, once the notice of admissibility is received from the Commission.

In the case of prospectors for Provisional Agent of foreign origin, in addition to the aforementioned documentation, a copy of the migratory form that allows carrying out the activity in national territory, or of the naturalization letter, must be integrated into their file.

The files referred to in this Provision must be available at all times in case this Commission determines to exercise its powers in matters of inspection and supervision regarding them.

32.7.5.

...

Photostatic copy of valid official identification with photograph, which must contain the Unique Population Registry Key, as well as its original for comparison purposes; in the event that such identification does not contain the Unique Population Registry Key, a copy thereof must be presented.;

II.

Original and copy of the receipt of having made the payment of corresponding fees, and

III.

Photostatic copy of the Tax Identification Card or, in its absence, the Registration with the Tax Administration Service.

SECOND.- Annexes 30.6.4 and 32.7.5. are modified.

TRANSITORY

SINGLE.- This Amending Circular shall enter into force on the business day following its publication in the Official Gazette of the Federation.

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, November 15, 2016.- The President of the National Insurance and Surety Commission, Norma Alicia Rosas Rodríguez.- Signature.

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