Circular 18/2009 — Modifies Circular 2019/95

CIRCULAR 18/2009
Mexico, D.F., July 22, 2009
TO MULTIPLE BANKING INSTITUTIONS:
SUBJECT: MODIFICATIONS TO CIRCULAR 2019/95

The Bank of Mexico, based on what is provided in articles 28 of the Political Constitution of the United Mexican States, sixth and seventh paragraphs; 3rd fraction I, 7th fractions II and X, 8th, 14, 16, 24 and 26 of the Bank of Mexico Law; 22 of the Law for Transparency and Ordering of Financial Services; 8th third and sixth paragraphs, 17 fraction I and 19 fraction IX of the Internal Regulations of the Bank of Mexico, which provide for the attribution of the Bank of Mexico, through the Central Banking Dispositions Directorate and the Operations Directorate, respectively, to issue provisions; Unique of the Agreement on the Assignment of Administrative Units of the Bank of Mexico, fractions I and IV, with the objective of promoting the healthy development of the financial system by establishing provisions applicable in case a contingency situation arises in the Bank of Mexico system that receives bids for the liquidity auctions it conducts, has resolved to modify numeral 3.1 and the title of the Appendix, as well as add a numeral 3.3 and Appendix 2, to Annex 5 of Circular 2019/95, to remain in the following terms:

3. SUBMISSION OF BIDS

“3.1 Interested institutions must submit their bids on the date and time indicated for this purpose in the corresponding calls, through the Bank of Mexico Account Holder Attention System (SIAC-BANXICO).

In the event of failures in SIAC-BANXICO, exceptionally, the institution may submit bids through any other electronic, computing, or telecommunication means authorized for this purpose by the Bank of Mexico, confirming them in writing addressed to the National Operations Management no later than 17:00:00 hours on the same banking business day, according to the model attached as Appendix 2 of this Annex in a closed envelope, accompanied by a presentation letter.

2

Both documents must be signed by the same representatives duly authorized by the bidder, and the letter must show the signature knowledge granted by the Bank of Mexico Cash Account Operations Office, for which said signatures must be previously registered in the aforementioned Office.”

“3.3 The access, identification, and, where applicable, operation keys established for the use of electronic, computing, or telecommunication means, will substitute the autograph signature with an electronic one, so that the documentary or technical records where they appear will produce the same effects that the laws grant to documents signed by the parties and, consequently, will have equal probative value.”

“APPENDIX 1
MODEL OF INSTITUTION’S REQUEST TO THE BANK OF MEXICO”

“APPENDIX 2
MODEL OF REQUEST TO PARTICIPATE IN THE LIQUIDITY AUCTIONS CONDUCTED BY THE BANK OF MEXICO (INSTITUTION’S LETTERHEAD PAPER)

Mexico, D.F., on __ of ____ of 20__.
Bidder Name: _____________________________
Bidder Key at the Bank of Mexico: _____________________________

BIDS:
INTEREST RATES must be expressed up to TWO decimal places.

Interest Rate Amount Term
__. ___________ million pesos ____________ __. ___________ million pesos ____________ __. ___________ million pesos ____________

3

The cited bids are mandatory and irrevocable; they will produce the broadest effects corresponding in law, and imply our acceptance of all and each of the provisions applicable to the “LIQUIDITY AUCTIONS CONDUCTED BY THE BANK OF MEXICO” in force, as well as the terms and conditions of the call of date ____ of _____________ of _____.

Sincerely,

(Bidder’s Name)
(Name and signature of authorized officials)

NOTE: Unused spaces must be cancelled.”

TRANSITIONAL
UNIQUE. This Circular will enter into force on July 27, 2009.