2014-10-03 | Circular 17/2014Added
Financial entities in Mexico are required to provide complete and truthful credit information to at least one credit reporting agency for all credit operations, including new loans and updates to existing ones, within 30 days of the last report. The circular mandates specific data fields for individuals, individuals with business activities, and legal entities, covering client details, addresses, employment, credit terms, balances, and guarantor information. Non-compliance with these reporting obligations is subject to sanctions imposed by the Bank of Mexico under applicable financial laws.
(First Section) OFFICIAL GAZETTE Friday, October 3, 2014 BANCO DE MEXICO CIRCULAR 17/2014, addressed to General Warehouses, Guarantee Institutions, Insurance Institutions, Brokerage Firms, Multiple Banking Institutions, Development Banking Institutions, Public Entities whose main activity is the granting of credits, Economic Promotion Trusts constituted by the Federal Government, Credit Unions, Savings and Loan Associations; Community Financial Societies; Popular Financial Societies and Cooperative Savings and Loan Societies with operation levels I to IV; Financial Entities acting as Trustees in Trusts that grant or administer credit, loan or financing to the public, as well as to Regulated and Unregulated Multiple-Object Financial Societies, regarding the General Provisions applicable to the information that financial entities must provide to Credit Reporting Agencies.
A logo is placed at the margin, which says: Bank of Mexico.
CIRCULAR 17/2014 TO GENERAL WAREHOUSES, GUARANTEE INSTITUTIONS, INSURANCE INSTITUTIONS, BROKERAGE FIRMS, MULTIPLE BANKING INSTITUTIONS, DEVELOPMENT BANKING INSTITUTIONS, PUBLIC ENTITIES WHOSE MAIN ACTIVITY IS THE GRANTING OF CREDITS, TRUSTS OF ECONOMIC PROMOTION CONSTITUTED BY THE FEDERAL GOVERNMENT, CREDIT UNIONS, SAVINGS AND LOAN ASSOCIATIONS; FINANCIAL SOCIETIES COMMUNITARIAN; POPULAR FINANCIAL SOCIETIES AND COOPERATIVE SAVINGS AND LOAN SOCIETIES WITH LEVELS OF OPERATION I TO IV; FINANCIAL ENTITIES THAT ACT AS TRUSTEES IN TRUSTS THAT GRANT OR ADMINISTER CREDIT, LOAN OR FINANCING TO THE PUBLIC, AS WELL AS TO THE MULTIPLE-OBJECT FINANCIAL SOCIETIES REGULATED AND UNREGULATED:
SUBJECT: GENERAL PROVISIONS APPLICABLE TO THE INFORMATION THAT THE FINANCIAL ENTITIES MUST PROVIDE TO THE CREDIT REPORTING AGENCIES.
The Bank of Mexico, with the objective of continuing the promotion of the sound development of the financial system, attentive to the reforms to various legal provisions regarding the reporting of credit operations to credit reporting agencies, included in the decree published in the Official Gazette of the Federation on January 10 of the current year, in particular, those by virtue of which financial entities, as this term is defined in the applicable regulations, are obliged to be users of said agencies, as well as to provide information in accordance with the Law to Regulate Credit Reporting Agencies, considers it convenient to establish appropriate terms and conditions so that such entities duly comply with said obligation.
For the above, based on articles 28, paragraphs sixth and seventh, of the Political Constitution of the United Mexican States, 24 of the Bank of Mexico Law, 20, paragraph third, and 67, fraction I of the Law to Regulate Credit Reporting Agencies, 22, 23 Bis 1 and 47 of the Law for the Transparency and Ordering of Financial Services, 87-C Bis of the General Law of Organizations and Auxiliary Activities of Credit, 4, paragraph first, 8, paragraphs fourth and seventh, 10, paragraph first, 14 Bis, in relation with 17, fraction I, and 14 Bis 1, paragraph first, in relation with 25 Bis 1, fraction IV, of the Internal Regulations of the Bank of Mexico, which provide for its attribution to issue provisions through the General Legal Direction and the General Direction of Affairs of the Financial System, respectively, as well as Second of the
Friday, October 3, 2014 OFFICIAL GAZETTE (First Section) Agreement on the Adscription of the Administrative Units of the Bank of Mexico, fractions I and X, has resolved to issue the following:
“GENERAL PROVISIONS APPLICABLE TO THE INFORMATION THAT FINANCIAL ENTITIES MUST PROVIDE TO CREDIT REPORTING AGENCIES.
CHAPTER I Preliminary Provisions
1st. Objective and Definitions.- These provisions have as their objective to establish the terms and conditions to which Financial Entities must be subject when providing information regarding their Credit Operations to at least one Agency.
For the purposes of these provisions, the terms used herein shall have the same meaning as that indicated in article 2° of the Law to Regulate Credit Reporting Agencies (hereinafter, the Law). Additionally, for the purposes of these provisions, the following shall be understood, in singular and plural:
Contract: that which is celebrated between an Agency and a Financial Entity for the provision of the services indicated in article 5º of the Law.
Credits: the credits, loans or financing, that Financial Entities have granted to Clients.
Financial Entities: the ones authorized to operate in national territory and which the laws recognize as such, including general warehouses, guarantee institutions, insurance institutions, brokerage firms, multiple banking institutions; as well as development banking institutions; Public Entities; Economic Promotion Trusts; credit unions; savings and loan associations, community financial societies; popular financial societies and cooperative savings and loan societies with operation levels I to IV; financial entities that act as trustees in trusts that grant Credit, loan or financing to the public, as well as to financial entities of multiple object regulated and unregulated.
Credit Information: to that relative to Credit Operations carried out by Financial Entities with their respective Clients, which must be provided in the form and terms indicated in the forms and other requirements established by the Agencies.
Operations Analogous to Credit Operations: financial leasing, financial factoring or any other operation that may be determined with such character in accordance with the applicable provisions.
Credit Operations: Credits and Operations Analogous to Credits.
Public Entities: entities of the semi-public administration and other public entities referred to in the Federal Law of Semi-Public Entities, whose main activity, in accordance with the provisions governing their functioning and operation, is the granting of credits, including the Institute of the National Housing Fund for Workers, the Institute of Security and Social Services for State Workers in its capacity as administrator of the Housing Fund, the Institute of the National Fund for the Consumption of Workers and the National Financial Entity for Agricultural, Rural, Forestry and Fisheries Development, among others.
Economic Promotion Trusts: those public trusts referred to in article 3º of the Credit Institutions Law, including the Guarantee and Promotion Fund for Agriculture, Livestock and Poultry, the Guarantee and Promotion Fund for Fishing Activities, the Banking Operation and Financing Fund for Housing, the Special Fund of Technical Assistance and Guarantee for Agricultural Credits, the Special Fund for Agricultural Financing, the Mining Promotion Trust, the National Fund for Tourism Promotion, the National Popular Housing Trust Fund, the Military Housing Fund, among others.
CHAPTER II Provisions Directed to Users
2nd. Obligation to provide information.- Financial Entities that celebrate Credit Operations in accordance with the regulations applicable to them must provide, to at least one Agency, the respective Credit Information in accordance with these provisions.
Friday, October 3, 2014 OFFICIAL GAZETTE (First Section) 3rd. Form of providing information.- Financial Entities must provide the Agency in question the Credit Information of their Clients in a complete and truthful manner. For each Credit Operation, Financial Entities must deliver at least the information indicated in the Annex of these provisions, by means of forms and in the form and terms that, for said purposes, the Agency makes known to them.
4th. Delivery of Credit Information.- Financial Entities must periodically deliver to the Agency the Credit Information of new Credit Operations carried out and that which corresponds to update with respect to the previously reported. The delivery must be made within 30 days following that in which they delivered the last report. This, without prejudice to the updates they carry out in terms of the Law.
5th. Responsible for Credit Information.- Financial Entities have the obligation to notify in writing to the Agency the name of the person or persons responsible for providing the Credit Information referred to in the 3rd of these provisions and other obligations established by the Law. The aforementioned designation must fall on executives who are in the two immediate lower hierarchies to that of the general director of the Financial Entity in question, who must in turn have the responsibility within said institutions of the handling of Credit Information.
Likewise, Financial Entities must notify the Agency of the additions and removals of any of the persons referred to in the previous paragraph, within a maximum period of 15 days following that in which they carried out the addition or removal.
CHAPTER III Non-Compliance
6th. Sanctions.- Non-compliance with these provisions will be sanctioned by the Bank of Mexico in terms of what is provided by articles 67 of the Law and 47 of the Law for the Transparency and Ordering of Financial Services, as well as other applicable provisions.
ANNEX Information that Financial Entities must present to Agencies for each Credit Operation
a) INFORMATION CORRESPONDING TO NATURAL PERSONS The minimum requested information will be divided into four sections: i. Client or Borrower (Client) ii. Address iii. Employment or Economic Activity iv. Credit The fields must be required and have a valid data.
i. Client Number Field Name Description
ii. Address Number Field Name Description
Friday, October 3, 2014 OFFICIAL GAZETTE (First Section) Number Field Name Description 5. Delegation or municipality Of the Client's Address. 6. City Of the Client's Address. 7. State Of the Client's Address. 8. Postal Code Of the Client's Address.
iii. Employment or Economic Activity Number Field Name Description
iv. Credit Number Field Name Description
Friday, October 3, 2014 OFFICIAL GAZETTE (First Section) Number Field Name Description 18. Overdue Balance Amount of the overdue balance as of the report date, including principal, ordinary interest, commissions, etc. 19. Payment form or current payment Code that indicates if the Credit is current (without delay) or has days of delay. 20. Date of the first default Date on which the Client defaulted for the first time on the requested payment of the Credit. 21. Unpaid Principal Balance Amount of Credit pending to amortize at the moment it has been updated by the User or grantors, excluding interest, commissions or any other accessory. 22. Amount of the last payment Amount of the last payment made by the Client.
b) INFORMATION CORRESPONDING TO NATURAL PERSONS WITH BUSINESS ACTIVITY The minimum requested information will be divided into four sections: i. Client or Borrower (Client) ii. Address iii. Credit iv. Credit Guarantees The fields must be required and have a valid data.
i. Client Number Field Name Description
ii. Address Number Field Name Description
Friday, October 3, 2014 OFFICIAL GAZETTE (First Section) iii. Credit Number Field Name Description
iv. Credit Guarantees Number Field Name Description
Friday, October 3, 2014 OFFICIAL GAZETTE (First Section) Number Field Name Description 6. Maternal Surname Maternal Surname of the Guarantor. 7. Street Of the Guarantor's Address. 8. Exterior Number Of the Guarantor's Address. 9. Interior Number Of the Guarantor's Address. 10. Neighborhood Of the Guarantor's Address. 11. Delegation or Municipality Of the Guarantor's Address. 12. City Of the Guarantor's Address. 13. State Of the Guarantor's Address. 14. Country Of the Guarantor's Address. 15. Postal Code Of the Guarantor's Address. 16. Type of Guarantor Indicator of whether the Guarantor is a natural person, natural person with business activity or legal entity.
c) INFORMATION CORRESPONDING TO LEGAL ENTITIES The information is ordered in five sections according to its content: i. Client or Borrower (Client) ii. Address iii. Shareholders iv. Credit v. Credit Guarantees The fields must be required and have a valid data.
i. Client Number Field Name Description
ii. Address Number Field Name Description
Friday, October 3, 2014 OFFICIAL GAZETTE (First Section) iii. Shareholders Number Field Name Description
iv. Credit Number Field Name Description
(First Section) OFFICIAL GAZETTE Friday, October 3, 2014
Number Name Field Description 16. Form of payment or current payment Code indicating whether the Credit is current (without delay) or has days of delay. 17. Date of first default Date on which the Client first failed to make the requested payment of the Credit. 18. Outstanding principal balance Amount of the Credit pending amortization at the time it was updated by the User or grantors, excluding interest, commissions, or any other accessory charges.
v. Credit Guarantees Number Name Field Description
TRANSITORY PROVISIONS FIRST.- These Provisions shall enter into force the day following their publication in the Official Gazette of the Federation. SECOND.- Financial Entities that as of the date of entry into force are not providing Credit Information to any Agency, shall have ninety days counted from the entry into force of these Provisions to begin providing said information.
Mexico, D.F., September 29, 2014.- The General Legal Director, Luis Urrutia Corral.- Rubric.- The General Director of Affairs of the Financial System, Jesús Alan Elizondo Flores.- Rubric. For any inquiries regarding the content of this Circular, please contact the Department of Authorizations, Queries and Legal Control, at the phones (55) 5237-2308, (55) 5237-2317 or (55) 5237-2000, Ext. 3200.
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