2023-12-27 | DOF 5712628Added
This resolution reforms articles 76, 76 Bis 1, and 76 Bis 2 of the General Provisions applicable to general deposit warehouses, exchange houses, credit unions, and regulated multiple purpose financial companies. It repeals Article 75 references to "Series R36 Advance Payments" and report "A-3601 Detail of disbursements or expenses whose recognition is deferred in time", as well as the Fifth Transitory Provision, and updates the Annex 18 index to eliminate these reporting requirements for regulated multiple purpose financial companies. The resolution enters into force the day following its publication in the Official Gazette of the Federation.
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Official Gazette of the Federation (DOF): 12/27/2023
AMENDING RESOLUTION of the Resolution that modifies the General Provisions applicable to general deposit warehouses, exchange houses, credit unions and regulated multiple purpose financial companies, published on September 27, 2023
In the margin a seal with the National Shield, stating: United Mexican States.- FINANCE.- Secretariat of Finance and Public Credit.- National Banking and Securities Commission.
The National Banking and Securities Commission, based on the provisions of articles 52, first paragraph; 87-D, first paragraph, section I, subsections e), l), m), and r) second, third and tenth of the General Law of Credit Auxiliary Organizations and Activities; 96 Bis, first paragraph; 97, first paragraph; 98 Bis and 99, first paragraph of the Credit Institutions Law, as well as 4, sections II, III, V, XXXVI and XXXVIII; 6 and 16, section I of the Law of the National Banking and Securities Commission, and
CONSIDERING
That, article 87-D, first paragraph, section I, subsections e), l), m) and r), second, third and tenth of the General Law of Credit Auxiliary Organizations and Activities establishes that regulated multiple purpose financial companies that maintain equity links with a credit institution, shall be subject to the provisions of the Credit Institutions Law in certain matters, and must observe for this purpose, the general provisions issued by the National Banking and Securities Commission applicable to credit institutions;
That in relation to the above, it is a permanent task of this National Banking and Securities Commission to harmonize the regulations applicable to regulated multiple purpose financial companies that maintain equity links with a credit institution, with those issued by this authority applicable to credit institutions in matters of risk diversification, operational risk and information requirements, to incorporate specific regulatory reports that allow a homogeneous treatment to the indicated financial entities;
That on September 27, 2023, the "Resolution that modifies the General Provisions applicable to general deposit warehouses, exchange houses, credit unions and regulated multiple purpose financial companies" was published in the Official Gazette of the Federation, through which this National Banking and Securities Commission gives homogeneous treatment to regulated multiple purpose financial companies linked equitably with a credit institution, and the credit institutions themselves in the determination of the amount of the concepts of advance payments and deferred charges that are excepted from the deduction in the fundamental capital, and
That this National Banking and Securities Commission, in its permanent task to simplify the administrative burdens that regulated multiple purpose financial companies and credit institutions must comply with, determined that it is convenient to decrease the regulatory burden and redesign the "Series R36 Advance Payments" and the report "A-3601 Detail of disbursements or expenses whose recognition is deferred in time" belonging to Annex 18 established in the resolution mentioned in the previous paragraph, for which it is necessary to leave said series and report without effect, until there is a simplified version that allows this Commission to obtain the best available information, at the lowest possible cost for individuals, has resolved to issue the following:
AMENDING RESOLUTION OF THE "RESOLUTION THAT MODIFIES THE GENERAL PROVISIONS APPLICABLE TO GENERAL DEPOSIT WAREHOUSES, EXCHANGE HOUSES, CREDIT UNIONS AND REGULATED MULTIPLE PURPOSE FINANCIAL COMPANIES" PUBLISHED IN THE OFFICIAL GAZETTE OF THE FEDERATION ON SEPTEMBER 27, 2023
SOLE .-
ARE REFORMED articles 76, first paragraph, section I, subsection b); 76 Bis 1 and 76 Bis 2; ARE REPEALED articles 75, the reference to "Series R36 Advance Payments" and the reference to report "A-3601 Detail of disbursements or expenses whose recognition is deferred in time" and the FIFTH TRANSITORY PROVISION, and SUBSTITUTES the index of Annex 18 "Regulatory reports of multiple purpose financial companies, regulated entities" to eliminate from the section called "Housing Portfolio" the "Series R36 Advance Payments" and the reference to report "A-3601 Detail of disbursements or expenses whose recognition is deferred in time" of monthly frequency of the "Resolution that modifies the General Provisions applicable to general deposit warehouses, exchange houses, credit unions and regulated multiple purpose financial companies, published in the Official Gazette of the Federation on September 27, 2023, to remain as follows:
"Article 75.- . . . Series R01 to Series R35 . . . Series R36 Repealed. A-3601 Repealed."
Article 76.- . . . I. . . . a) . . . b) The information relating to series R01, R04, exclusively regarding reports A-0411, A-0417, A-0419, A-0420, A-0424, C-0433, C-0434, C-0435, C-0436, C- 0437, C-0438, C-0439, C-0440, R10, R12 and R13, exclusively regarding reports B-1321 and B-1322. Said information must be provided within twenty days of the month immediately following its date. c) to e) . . . II. and III. . . . . . ."
"Article 76 Bis 1.- Regulated Multiple Purpose Financial Companies that issue debt securities on their behalf, registered in the National Securities Registry in accordance with the Securities Market Law, or in the case of fiduciary titles also registered in the aforementioned Registry, when the compliance of obligations in relation to the titles issued under the trust depend totally or partially on said company, acting as settlor, assignor or administrator of the fiduciary property, or as guarantor or avalist of the referred titles, shall not be obliged to provide the information indicated in series R15, R26, R27, R28 and R35 indicated in article 75 of these provisions.
Article 76 Bis 2.- Regulated Multiple Purpose Financial Companies that obtain the approval of the Commission in terms of the provisions of article 87-C Bis 1 of the LGOAAC, shall not be obliged to provide the information indicated in series R15, R26, R27, R28 and R35 indicated in article 75 of these provisions."
"TRANSITORY PROVISIONS FIRST to FOURTH. . . . FIFTH. Repealed"
"Annex 18 Regulatory reports of multiple purpose financial companies, regulated entities Index
| Series | Code | Description | Frequency |
|---|---|---|---|
| Series R01 Minimum Catalog | |||
| A-0111 | Minimum Catalog 1, 2 and 3 | Monthly | |
| Series R04 Credit Portfolio | |||
| Financial Situation | |||
| A-0411 | Portfolio by credit type, average balance, interest and commissions 1, 2 and 3 | Monthly | |
| A-0417 | Credit portfolio rating and preventive estimation for credit risks 1, 2 and 3 | Monthly | |
| A-0419 | Movements in preventive estimation for credit risks 1, 2 and 3 | Monthly | |
| A-0420 | Movements in credit portfolio with credit risk stage 3 and valued at fair value 1, 2 and 3 | Monthly | |
| A-0424 | Movements in credit portfolio with credit risk stages 1 and 2 1, 2 and 3 | Monthly | |
| Commercial Portfolio | |||
| Detailed Information (Portfolio Rating Methodology Annexes 18 to 22) | |||
| C-0430 | Registration of commercial credits charged to federal entities and municipalities, financial entities, legal and physical persons with business activity, federal government, federal, state and municipal decentralized bodies, state productive companies and credits granted to investment projects with own payment source 1, 2 and 3 | Monthly | |
| C-0431 | Monitoring of commercial credits charged to federal entities and municipalities, financial entities, legal and physical persons with business activity, federal government, federal, state and municipal decentralized bodies, state productive companies and credits granted to investment projects with own payment source 1, 2 and 3 | Monthly | |
| C-0432 | Cancellation of commercial credits charged to federal entities and municipalities, financial entities, legal and physical persons with business activity, federal government, federal, state and municipal decentralized bodies, state productive companies and credits granted to investment projects with own payment source 1, 2 and 3 | Monthly | |
| C-0433 | Reserves of commercial credits charged to federal entities and municipalities, financial entities, legal and physical persons with business activity, federal government, federal, state and municipal decentralized bodies and state productive companies 1, 2 and 3 | Monthly | |
| C-0434 | Severity of Loss of commercial credits charged to federal entities and municipalities, financial entities, legal and physical persons with business activity, federal government, federal, state and municipal decentralized bodies and state productive companies 1, 2 and 3 | Monthly | |
| C-0435 | Probability of Default of commercial credits charged to federal entities and municipalities 1, 2 and 3 | Monthly | |
| C-0436 | Probability of Default of commercial credits charged to financial entities 1, 2 and 3 | Monthly | |
| C-0437 | Probability of Default of commercial credits charged to legal and physical persons with business activity, of the federal government, federal, state and municipal decentralized bodies and state productive companies with annual net sales or income less than 14 million UDIS, other than federal entities, municipalities and financial entities 1, 2 and 3 | Monthly | |
| C-0438 | Probability of Default of commercial credits charged to legal and physical persons with business activity, of the federal government, federal, state and municipal decentralized bodies and state productive companies with annual net sales or income greater than or equal to 14 million UDIS, other than federal entities, municipalities and financial entities 1, 2 and 3 | Monthly | |
| C-0439 | Rating and provisioning method applicable to commercial credits for investment projects with own payment source (Annex 19) 1, 2 and 3 | Monthly | |
| C-0440 | Guarantees of commercial credits 1, 2 and 3 | Monthly | |
| Housing Portfolio | |||
| H-0491 | Registration of housing credits 1, 2 and 3 | Monthly | |
| H-0492 | Monitoring of housing credits 1, 2 and 3 | Monthly | |
| H-0493 | Cancellation of housing credits 1, 2 and 3 | Monthly | |
| H-0494 | Reserves of housing credits 1, 2 and 3 | Monthly | |
| Series R10 Reclassifications | |||
| A-1011 | Reclassifications in the statement of financial position 1, 2 and 3 | Monthly | |
| A-1012 | Reclassifications in the statement of comprehensive income 1, 2 and 3 | Monthly | |
| Series R12 Consolidation | |||
| A-1219 | Consolidation of the statement of financial position of the regulated multiple purpose financial company with its subsidiaries 1, 2 and 3 | Monthly | |
| A-1220 | Consolidation of the statement of comprehensive income of the regulated multiple purpose financial company with its subsidiaries 1, 2 and 3 | Monthly | |
| Series R13 Financial Statements | |||
| A-1311 | Statement of changes in equity 1, 2 and 3 | Quarterly | |
| A-1316 | Statement of cash flows 1, 2 and 3 | Quarterly | |
| B-1321 | Statement of financial position 1, 2 and 3 | Monthly | |
| B-1322 | Statement of comprehensive income 1, 2 and 3 | Monthly | |
| Series R14 Shareholder Integration | |||
| A-1411 | Shareholder integration 1, 2 and 3 | Quarterly | |
| Series R15 Operations by Service | |||
| B-1522 | Non-client users of the electronic means of the regulated multiple purpose financial company 1 | Quarterly | |
| B-1523 | Client operations by electronic banking services 1 | Quarterly | |
| B-1524 | Clients by electronic banking service 1 | Quarterly | |
| Series R26 Information by Commissioners | |||
| A-2610 | Registration and cancellation of commissioners administrators 1 | Monthly | |
| A-2611 | Registration and cancellation of commissioners 1 | Monthly | |
| B-2612 | Registration and cancellation of modules or establishments of commissioners 1 | Monthly | |
| C-2613 | Monitoring of operations of commissioners 1 | Monthly | |
| Series R27 Claims | |||
| A-2701 | Claims 1 | Quarterly | |
| Series R28 Operational Risk Information | |||
| A-2811 | Loss events due to operational risk 1 | Quarterly | |
| A-2812 | Estimation of operational risk levels 1 | Annual | |
| A-2813 | Update of loss events due to operational risk 1 | Quarterly | |
| A-2815 | Assignment of the business indicator method for operational risk 1 | Monthly | |
| Series R35 Large Exposures | |||
| A-3511 | Large exposure operations 1 | Monthly |
1 Applies to Multiple Purpose Financial Companies linked with credit institutions (Article 87-C, section I, General Law of Credit Auxiliary Organizations and Activities (LGOAAC)).
2 Applies to issuers (Article 87-B, fifth paragraph, LGOAAC).
3 Applies to voluntary (Article 87-C BIS 1)
SERIES R01 MINIMUM CATALOG to SERIES R35 LARGE EXPOSURES . . .
SERIES R36 ADVANCE PAYMENTS Repealed."
TRANSITORY PROVISION SOLE. - This Resolution shall enter into force the day following its publication in the Official Gazette of the Federation.
Sincerely
Mexico City, December 21, 2023. - President of the National Banking and Securities Commission, Dr. Jesús de la Fuente Rodríguez .- Signature.
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