2017-09-25 | Circular 21/2017Added
The Bank of Mexico exempts securities houses from administrative sanction procedures for failing to submit required information reports between September 19 and 22, 2017, due to force majeure resulting from the earthquake on September 19, 2017. This exemption applies to all forms except those listed in Annex 1, which must be reported regularly; however, securities houses unable to submit Annex 1 forms must notify the Financial System Information Directorate via email to avoid sanctions. All securities houses are required to submit any missing information for the affected dates by September 25, 2017. This circular entered into force on the date of its publication, September 25, 2017.
62 (First Section) OFFICIAL GAZETTE Monday, September 25, 2017
BANK OF MEXICO
CIRCULAR 21/2017 addressed to Securities Houses, regarding exemptions from the obligation to report information through forms for force majeure cases occurring on September 19, 2017.
A logo appears at the margin, stating: Bank of Mexico.
CIRCULAR 21/2017
TO THE SECURITIES HOUSES:
SUBJECT: EXEMPTIONS FROM THE OBLIGATION TO REPORT INFORMATION THROUGH FORMS FOR FORCE MAJEURE CASES OCCURRING ON SEPTEMBER 19, 2017.
The Bank of Mexico, with the purpose of continuing to promote the proper functioning of payment systems and the sound development of the financial system, and in order to provide legal certainty to securities houses (Securities Houses), in the context of the various obligations of Securities Houses to present information to the Bank of Mexico through forms, and given the force majeure cases that resulted from the earthquake registered in the federal entities of the central zone of the country on the 19th day of the current month, this Bank of Mexico has resolved that in the event that Securities Houses have failed between September 19 and 22, 2017, to comply with their obligations to report information to the Bank of Mexico, excluding the forms contained in Annex 1 of this Circular, they will not be subject to administrative sanction procedures imposed by the Bank of Mexico, resulting from such failures, in accordance with the corresponding provisions. Nevertheless, Securities Houses must update the missing information corresponding to those dates on September 25.
Likewise, the Bank of Mexico informs that for the forms contained in Annex 1, Securities Houses must report their information regularly, and in case any Securities House is unable to perform said submission due to situations related to the earthquake of September 19, it is necessary that the respective Securities House notify the Financial System Information Directorate via email to: agaytan@banxico.org.mx and mreyna@banxico.org.mx, the foregoing for the purpose that the corresponding Securities House is exempt from the initiation of an administrative sanction procedure due to such omission. Without prejudice to the foregoing, the respective Securities House must submit any missing information corresponding to those dates on September 25.
Annex 1
• CAPITALIZATION REQUIREMENT / RC • REGIMES FOR ADMISSION OF LIABILITIES AND INVESTMENT IN FOREIGN CURRENCY, AS WELL AS FOR THE EXCHANGE RISK POSITION REGIME / ACLME-PDCB • FUTURES AND FORWARDS OPERATIONS FOR CREDIT INSTITUTIONS AND SECURITIES HOUSES / OFF
The foregoing established in this resolution is based on Articles 28, paragraphs sixth and seventh, of the Political Constitution of the United Mexican States, 24 of the Bank of Mexico Law, 22 of the Law for Transparency and Order of Financial Services, 4, first paragraph, 8, paragraphs fourth and seventh, 10, first paragraph, 17, fraction I, and 25 Bis, fraction VII, of the Internal Regulations of the Bank of Mexico, which grant the authority to issue provisions through the Central Banking Provisions Directorate and the Financial System Information Directorate, respectively, as well as Second, fractions IV and X, of the Agreement on the Attachment of Administrative Units of the Bank of Mexico.
TRANSITORY
SINGLE.- This Circular shall enter into force on the day of its publication.
Mexico City, September 21, 2017.- The Director of Central Banking Provisions, Mario Ladislao Tamez López Negrete.- Initials.- The Director of Financial System Information, Mario Alejandro Gaytán González.- Initials.
Monday, September 25, 2017 OFFICIAL GAZETTE (First Section) 63
For any inquiries regarding the content of this Circular, please contact the Authorization, Consultations, and Legal Control Management, at the phones (55) 5237-2308, (55) 5237-2317, or (55) 5237-2000 Ext. 3200.
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