Circular 4/2022 — Modifies Circular 3/2012

Wednesday, March 23, 2022 OFFICIAL GAZETTE 1 BANCO DE MEXICO CIRCULAR 4/2022, addressed to Credit Institutions, Regulated Multiple-Object Financial Societies that maintain equity links with Credit Institutions, and the National Agricultural, Rural, Forestry and Fisheries Development Financial Institution, regarding modifications to Circular 3/2012 (Fund Transfers).

At the margin, a logo that says: Bank of Mexico.

CIRCULAR 4/2022 TO CREDIT INSTITUTIONS, REGULATED MULTIPLE-OBJECT FINANCIAL SOCIETIES THAT MAINTAIN EQUITY LINKS WITH CREDIT INSTITUTIONS AND THE NATIONAL AGRICULTURAL, RURAL, FORESTRY AND FISHERIES DEVELOPMENT FINANCIAL INSTITUTION: SUBJECT: MODIFICATIONS TO CIRCULAR 3/2012 (FUND TRANSFERS)

The Bank of Mexico, with the purpose of continuing to promote the proper functioning of payment systems, as well as promoting the healthy development of the financial system and the protection of the public's interests, has resolved to modify the Provisions applicable to the operations of credit institutions, regulated multiple-object financial societies that maintain equity links with credit institutions, and the National Agricultural, Rural, Forestry and Fisheries Development Financial Institution, issued through Circular 3/2012, with the object, on the one hand, of clarifying the requirements that those credit institutions that participate in any payment system for electronic fund transfers executed on the same business day of operation, between checking deposit accounts, must meet, and that offer to their clients, holders of said accounts, the receipt of transfers from other accounts opened in the same institutions through the generation of Charge Messages, in order that the computer programs they use for this purpose do not cause fragmentation between those used for fund transfers between accounts of different institutions and those opened in the same institution, in such a way that clients can benefit from the use of the same type of system, thereby fostering interoperability in the payment ecosystem and avoiding barriers to participation in these schemes. On the other hand, requirements are established that the aforementioned institutions must meet in order to carry out schemes that allow the sending of fund transfers in whose instructions the beneficiary accounts are identified only by the ten digits of the respective mobile phone lines that have been associated with said accounts in accordance with the regulatory regime established prior to the issuance of this Circular. Additionally, for the same purposes, additional requirements are established that credit institutions must meet for cases where they face events that cause impacts on the execution of electronic fund transfers, as well as for the operation of the unique account that each institution holds with the Bank of Mexico in relation to the functioning of the infrastructure that implements a new instance in the Interbank Electronic Payment System (SPEI).

For the above, based on articles 28, paragraphs sixth and seventh, of the Political Constitution of the United Mexican States, 24 and 26 of the Bank of Mexico Law, 48 of the Credit Institutions Law, 87-D, paragraph fourth, of the General Law of Organizations and Auxiliary Credit Activities, 22 of the Law for Transparency and Ordering of Financial Services, 4, paragraph first, 8, paragraphs fourth and eighth, 10, paragraph first, 14 Bis, paragraph first, in relation to 17, fraction I, and 20 Quater, fraction IV, of the Internal Regulations of the Bank of Mexico, which grant it the authority to issue provisions through the General Directorate of Central Bank Operations, the General Legal Directorate, the General Directorate of Financial System Affairs, and the Directorate of Policy and Studies of Payment Systems and Market Infrastructures, respectively, as well as Second, fractions X and XVII, of the Agreement on the Assignment of Administrative Units of the Bank of Mexico, has resolved to modify the Index, the definition of “Charge Message” contained in article 2nd., and articles 14, paragraphs first, second, third and fifth, as well as fractions I, II, III and IV, 17, paragraph second, 17 Bis, paragraphs first, third, fourth and fifth, 17 Ter, fractions I. (A), I. (B), I. (C), paragraphs first and second, subsections (i), paragraphs first and second, moving said second paragraph to become the third paragraph, (ii), paragraphs first and second, (iii) paragraphs second and fifth, (v) and (vii), I. (D), I. (E), paragraphs first, second, fourth, fifth and sixth, I. (F), paragraph first, as well as subsections (i) and (iii), II. (A), II. (B), III. (A), III. (B), III. (C), paragraph first, subsections (i) and (ii), III. (D), paragraph first, and IV, 122 Bis, paragraph first, and fractions I, paragraph first, and II, as well as 125, paragraph second, add paragraphs fourth and fifth to article 17, paragraph seventh to article 17 Bis, paragraph second to subsection (i) of fraction I. (C) of article 17 Ter, moving the current second paragraph to become the third paragraph, the third paragraph to subsection (ii) of fraction I. (C) of article 17 Ter, the sixth paragraph to subsection (iii) of fraction I. (C) of article 17 Ter, subsection (viii) of fraction I. (C) of article 17 Ter, paragraph second to fraction III. (A) of article 17 Ter, and paragraphs second and third to fraction II of article 122 Bis, moving the current second paragraph to become the fourth paragraph, as well as repeal paragraph third of fraction I. (E) of article 17 Ter, and Annex 28, of the “Provisions applicable to the operations of credit institutions, regulated multiple-object financial societies that maintain equity links with credit institutions and the National Agricultural, Rural, Forestry and Fisheries Development Financial Institution”, contained in Circular 3/2012, to remain in the following terms:

PROVISIONS APPLICABLE TO THE OPERATIONS OF CREDIT INSTITUTIONS, REGULATED MULTIPLE-OBJECT FINANCIAL SOCIETIES THAT MAINTAIN EQUITY LINKS WITH CREDIT INSTITUTIONS AND THE NATIONAL AGRICULTURAL, RURAL, FORESTRY AND FISHERIES DEVELOPMENT FINANCIAL INSTITUTION

“INDEX ... ANNEXES ... Annex 28 Is repealed. ...”

“Definitions Article 2nd.- ... Charge Message: a message processed by means of computer programs for the transfer of funds between accounts, including Checking Deposit Accounts, opened in different Institutions or in the same Institution, which is generated by the holder of the account designated as the recipient of the resources of the fund transfer object of said message, in order that, in turn, it be delivered to the holder of the account at the Institution where said transfer must originate, with the purpose that, once the latter accepts what is indicated in said message, the funds indicated in the own message be transferred to the referred recipient account. ...”

“Levels of operation Article 14.- Checking Deposit Accounts will be classified into four levels of operation depending on the requirements for the opening of the Account in question, in accordance with what is provided in the “General provisions referred to in article 115 of the Credit Institutions Law” of the Ministry of Finance and Public Credit.

Said Accounts must comply with the following: I. In Accounts classified as level 1, the sum of credits during a calendar month may not exceed the equivalent in national currency to seven hundred fifty UDIS. At no time may the balance of said Accounts exceed the equivalent in national currency to one thousand UDIS. II. In Accounts classified as level 2, the sum of credits during a calendar month may not exceed the equivalent in national currency to three thousand UDIS. III. In Accounts classified as level 3, the sum of credits during a calendar month may not exceed the equivalent in national currency to ten thousand UDIS.

Wednesday, March 23, 2022 OFFICIAL GAZETTE 3 IV. In Accounts classified as level 4, the credit of resources will have no limit, unless, in their case, the Institutions agree on one with their clients. In Accounts of level 2, Institutions may receive monthly deposits in addition to the established limit up to the equivalent in national currency to six thousand UDIS, provided that the origin of the resources comes exclusively from subsidies related to government support programs for certain sectors of the population. ... To determine the maximum amount of credits in Accounts of levels 1, 2 and 3 during a calendar month, Institutions may not include amounts related to interest, returns from electronic fund transfers and any other bonus that said Institutions make for the use or management of the Account that, in their case, are made in the period in question.”

“Electronic fund transfers Article 17.- ... Without prejudice to the foregoing, Institutions may, when they so determine, offer to the holders of Accounts of levels 2, 3 or 4 that they keep open, the execution of electronic fund transfer operations that said holders instruct against the respective Accounts. For the execution of said operations, Institutions may allow said account holders to transmit the respective instructions through the equipment, means, systems and telecommunications networks that said Institutions determine in terms of the applicable provisions. In turn, only those Institutions that are participants in a payment system for electronic fund transfers executed on the same Business Day of operation, between Checking Deposit Accounts, among others, in accordance with the applicable regulations to that system, may offer to their clients to transmit, through mobile devices, the respective instructions to carry out transfers through said system, regardless of the communication channel used by the device to transmit the referred instructions. ... In those cases where an event occurs regarding the technological infrastructure used by an Institution to execute electronic fund transfers, in such a way that it affects the services it offers to its clients to carry out said transfers, such Institution must notify those clients or, if they are legal entities, the persons authorized before the Institution to carry out electronic fund transfers, when they attempt to carry out an electronic fund transfer during said event, that the referred impact originated in its own technological infrastructure or, in its case, that some event occurred that affected the ordinary operation of the Institution with the respective payment system. In this case, the Institution in question must carry out the indicated notification, through the means it has agreed with said clients, as well as through any other means that the Institution has made available to them to instruct them to execute the electronic fund transfers they wish to carry out, at the latest, within sixty seconds following that in which the aforementioned event occurred. The foregoing will be subject to the condition that the referred impact has not caused interruptions in the communication channels necessary to carry out the referred notification. In the event that the impact on the mentioned channels prevents carrying out the referred notification, the Institution must carry out said notification as soon as the respective channels are restored. Institutions must refrain from allowing their clients or, in the case of those that are legal entities, the persons authorized before said Institutions to carry out electronic fund transfers, to send electronic fund transfer instructions, when any of the circumstances provided for in the previous paragraph occurs and during the entire period in which the Institution in question is unable to execute said transfers. Nevertheless, in the event that the communication channels have not been affected by the respective event, Institutions must allow said persons to program the instructions for sending their electronic fund transfers and the execution of those other electronic fund transfers derived from the acceptance of Charge Messages sent through the internet, in order to only allow instructing if the event that affected the technological infrastructure or the ordinary operation with the respective payment system has ceased.”

“Electronic fund transfers by acceptance of Charge Messages “Article 17 Bis.- The Institution that, on the one hand, is a participant in any payment system for electronic fund transfers executed on the same Business Day of operation, between Checking Deposit Accounts, among others, or in a clearing house for transfers through mobile devices, in terms of the “Rules for the organization, functioning and operation of clearing houses for transfers through mobile devices” issued by the Bank of Mexico, and that, on the other hand (i) keeps at least three thousand Checking Deposit Accounts open in it, and (ii) offers to the respective account holders the issuance, through equipment, means, systems or mobile devices, of instructions for the execution of electronic fund transfer operations between Checking Deposit Accounts opened in the same Institution or in other Institutions that participate in said payment system or in the clearing house for transfers through mobile devices, must: I. to III. ... ... In the event that an Institution that is a participant in any payment system referred to in the first paragraph of this article is interested in offering to the holders of Checking Deposit Accounts, among others, opened in it, the receipt of resources in said Accounts derived from electronic fund transfers executed against other Checking Deposit Accounts opened in the same Institution, in accordance with instructions issued through equipment, means, systems or mobile devices, as a result of the acceptance of Charge Messages, these must be generated through Computer Programs that comply with the requirements and specifications established for this purpose in the norms applicable to the cited payment system. As an exception to what is provided in the previous paragraph, the Institution that determines to offer its clients the sending of electronic fund transfers executed between Checking Deposit Accounts opened in the same Institution, by the acceptance of Charge Messages, this may be carried out through programs different from the Computer Programs, provided that, in the calendar month in question, the total accumulated amount of said transfers does not exceed eight million pesos and the Institution has agreed to send or receive such transfers with the holders of the respective Checking Deposit Accounts that, in total, do not exceed one thousand distinct Accounts. The Institution that determines to carry out electronic fund transfers originated by the acceptance of Charge Messages through programs different from the Computer Programs indicated in the third paragraph of this article, subject to being within the limits mentioned in the previous paragraph, must inform the Bank of Mexico of said determination, through a letter addressed to the Directorate of Policy and Studies of Payment Systems and Market Infrastructures, with at least ten Business Days in advance of the date on which it begins to carry out the indicated transfers. ... Likewise, Institutions must indicate, in the operation histories of the Accounts corresponding to the referred account holders, which operations belong to those electronic fund transfers executed as a result of the acceptance of Charge Messages, in terms of the norms of the corresponding payment system.”

“Requirements of electronic fund transfers “Article 17 Ter.- ... I. Institutions must assign, at least, one CLABE to each Account of levels 2, 3 and 4 that they keep open, as well as identify them with the sixteen reference digits of the corresponding valid debit cards of said Accounts that, in their case, they have issued; II. Regarding Level 1 Accounts, Institutions must identify them with the sixteen reference digits of the respective valid debit cards and, if they so determine, they may also identify them with the corresponding CLABEs; III. Without prejudice to what is provided in the previous fractions I and II and subject to the terms and exceptions indicated below, the Institution that keeps Accounts of levels 2, 3 or 4 open must, at the request of the holder of the Account in question, associate with it the last ten digits of the number of a mobile phone line that he indicates, with the purpose of receiving, by crediting said Account, electronic fund transfers executed in terms of article 17. In turn, Institutions that keep Level 1 Accounts open may, if they so determine, offer to their clients, for the purpose referred to above, the association of said mobile phone line digits to said Accounts that the respective holders indicate. For the purposes of what is provided in the previous paragraph, the Institution referred to there must: (i) Associate the last ten digits of the number of a mobile phone line only to the Account that the respective holder indicates among all those that said Institution keeps open in the name of the same holder, in order to credit in that single Account the resources derived from the orders of electronic fund transfers that indicate said ten digits to identify it. Likewise, only for the purposes of receiving electronic fund transfers, the same Institution may only associate the last ten digits of a particular mobile phone line to only one of those it keeps open to all its clients. In the event that the Institution in question participates in any payment system for electronic fund transfers executed on the same Business Day of operation, between Checking Deposit Accounts, among others, that allows the carrying out of said transfers to accounts identified only with the ten digits of mobile phone lines, without including the identification of the Institutions to which said Accounts correspond, the Institution must inform the administrator of the referred system of the result of the association carried out by said Institution in accordance with the previous paragraph, in order for the administrator to integrate a database that allows Institutions participating in said system to receive requests for sending electronic fund transfers in which they specify as identifier of the beneficiary clients' Accounts, only the ten digits of the numbers of the corresponding mobile phone lines, in accordance with the applicable regulations to the participants of the corresponding payment system. Without prejudice to what is previously stated in this subsection, each Institution, in case it so decides, may offer its clients the service of sending, to the same mobile phone line, notifications, balances, movements or alerts, related to their other Accounts. (ii) Associate the referred mobile phone line digits to the Accounts that proceed in terms of this article, as well as disassociate or change the previously associated digits, based on the requests that the respective holders present them in terms of this article, within a period not greater than one Business Day after the receipt of the request in question. As an exception to what is provided in the previous paragraph, the Institution that keeps open an Account to which it has associated the last ten digits of a mobile phone line number and that subsequently receives a request to associate the digits of that same number to another Account of another holder, without having received the corresponding disassociation request from the holder of the previously associated Account, must refrain from carrying out the association of said digits to the Account indicated in said request, unless the Institution follows the procedures indicated by the National Banking and Securities Commission to validate the validity of the new association request. When it comes to any Institution that participates in any payment system indicated in the second paragraph of subsection (i) above, the Institution must inform the administrator of the referred system of the result of the association or disassociation, as the case may be, carried out by said Institution, in order for the administrator to update the database referred to in the cited paragraph. (iii) ...

6 OFFICIAL GAZETTE Wednesday, March 23, 2022

Regarding the applications that Institutions receive at branches and, where applicable, commissionaires, they must ensure that formats are used that contain at least the information included in Annexes 24, 25, and 26. For its part, the information in Annex 24 may be included in the corresponding Account opening contracts. Regarding the applications that Institutions allow their clients to submit through Internet portals, these must include the same information as that provided in the respective formats.

...Institutions may allow the submission of the applications referred to in this subsection by means of mobile devices or Internet portals, subject to the condition that, to receive such applications, they follow the procedures in the same terms as those provided in the provisions of the National Banking and Securities Commission for the contracting of mobile banking services related to the respective Accounts, as well as those procedures authorized by said Commission for the identification and authentication of their clients that they are obliged to follow in accordance with said provisions.

Without prejudice to what is provided above in this subsection, in the event that the Institution in question participates in any payment system for electronic fund transfers executed on the same Banking Business Day of operation, between Checking Accounts, among others, and that, according to the rules of said system, it must provide the administrator of this system with data that identify the Accounts to which it has associated the ten digits of mobile phone line numbers, so that the other participants in that same system can send electronic fund transfers to those Accounts using only the referred ten digits, and that, in accordance with what is established in this subsection III, it carries out the association of the last ten digits of a mobile phone line number to the Account in question, the Institution itself must obtain the express consent of the holders of said Accounts in accordance with the regulations applicable to the participants of the referred system, so that they can provide such data.

(iv) ...

(v) Inform the holders of the Accounts to which they request to associate mobile phone line numbers, in terms of this subsection, of the last three digits of the number of the key of the participant registered in the SPEI catalog, as well as the denominations that, to identify the Institution itself, are registered by the Bank of Mexico in the catalog of identifiers of the financial entities receiving electronic fund transfers originated by mobile devices, in accordance with the respective operation manual that, for this purpose, the Bank of Mexico issues.

Likewise, each Institution that associates mobile phone line numbers to its clients' Accounts at their request, must inform them that, in order for said Institution to receive, for the corresponding credit to the aforementioned Accounts, the electronic transfer orders that indicate the last ten digits of mobile phone line numbers to identify those Accounts, said orders, at the time they are instructed by the originators, must include, at the end of the ten digits of the corresponding mobile phone line number, those three digits of identification of the Institution itself that it informs in terms of the previous paragraph or, where applicable, any of the denominations that identify said Institution in accordance with what is established in this subsection.

(vi) ...

(vii) Notify its clients of the association of the respective Accounts to the ten digits of mobile phone line numbers that have been carried out, as well as of the disassociation or change that they have made. Such notices must be sent as data messages transmitted to the same mobile phone numbers that have been associated or by the same means of communication used with the data that the holder himself has provided to receive notifications on transfers of monetary resources to third-party Accounts or to any other accounts made through

Wednesday, March 23, 2022 OFFICIAL GAZETTE 7

the electronic banking services, in accordance with the general provisions issued by the National Banking and Securities Commission.

Regarding the disassociation or change of digits of mobile phone line numbers referred to in the previous paragraph, the Institution that administers the respective Account must notify the account holder on the same day that it carries out such disassociation or change and must indicate to him that, within a period not greater than one Banking Business Day, all electronic fund transfers that indicate said digits will be rejected and that, in case those same digits are subsequently associated with another Account, the other electronic fund transfers that indicate such digits will be credited to that other Account.

(viii) In addition to what is established in this subsection, that Institution that receives through the payment system referred to in the second paragraph of subsection (i) of this same subsection, an application to make a fund transfer with the indication of only the ten digits of a mobile phone line number and that such transfer must be made between Accounts that the same Institution holds, it must carry out such transfer, at least, in the same timeframes applicable to the transfers that the Institution must make in accordance with the rules governing that payment system.

IV. In terms of the first paragraph of this article, Institutions must carry out the acceptance of electronic fund transfer orders and the credit to the Accounts of the beneficiaries that these Institutions maintain open, regarding those orders that, in addition to complying with the requirements established for such purposes by the respective interbank payment systems that direct them, identify the corresponding Account of the beneficiary only with the assigned CLABE, the sixteen digits of the debit card with which, where applicable, they have identified said Account or the ten digits of the mobile phone line number that, where applicable, are associated with the referred Account, attached to the three digits or any of the identification denominations of the receiving Institution referred to in subsection III, subsection (v), above, except in the case of those transfers that the respective payment systems allow to use only the referred ten digits and the client had not entered the three digits or any of the identification denominations of the receiving Institution.

V. Regarding those Accounts for which they have agreed with the corresponding holders to execute the electronic fund transfer instructions that they transmit to them by devices other than mobile devices, Institutions must allow such instructions, at the choice of the respective holder, to identify the beneficiary Account with the assigned CLABE or, with the sixteen digits of identification of the corresponding debit card or, where applicable, with the ten digits of the mobile phone line associated with that Account attached to the three digits or any of the identification denominations of the receiving Institution referred to in subsection III, subsection (v), above, except in the case of those transfers that the respective payment systems allow to use only the referred ten digits and the client had not entered the three digits or any of the identification denominations of the receiving Institution.

Regarding those Accounts with respect to which Institutions have agreed with the respective holders to execute the electronic fund transfer instructions that said holders transmit to them by a mobile device, Institutions will be obliged to allow each holder, regardless of the Institution that holds the beneficiary Account, to specify only the amount to be transferred and the last ten digits of the mobile phone line associated with the corresponding beneficiary Account, as well as the last three digits of the number of the participant key in the SPEI catalog or any of the identification denominations of the Institution that holds the beneficiary Account referred to in subsection III, subsection (v), above, except in the case of those transfers that the respective payment systems allow to use only the referred ten digits and the client had not entered the three digits or any of the identification denominations of the receiving Institution. In the cases referred to in this paragraph, the proper execution of the electronic fund transfer instructions will be subject to the condition that the

8 OFFICIAL GAZETTE Wednesday, March 23, 2022

Institutions comply with the controls required by the general provisions of the National Banking and Securities Commission.

Repealed.

Without prejudice to what is stated in this subsection, Institutions may, if they so determine, offer to the holders of the Accounts that they maintain open that, in the instructions referred to in the second paragraph of this subsection, they indicate, at the choice of said holders, the beneficiary Account with the CLABE assigned to said Account, with the sixteen digits of identification of the corresponding debit card or with some other specific data or names that the Institution in question has allowed the holder to assign for the purpose of identifying said Account.

As part of what is provided in the second and fourth paragraphs of this subsection, in the information and communication technology applications that Institutions make available to their clients for the preparation and transmission of electronic fund transfer instructions, these may enable interfaces that allow users to select the denomination that, in accordance with subsection III, subsection (v), identifies the receiving Institution of the respective transfer.

With regard to the procedures to receive from their clients instructions for electronic fund transfers through mobile devices, Institutions must not differentiate said procedures if the respective beneficiary Accounts are held by the Institution itself or other Institutions.

VI. Regarding each electronic fund transfer instruction that identifies the beneficiary Account with the ten digits of the number of a mobile phone line and includes at the end the three additional digits or any of the identification denominations of the receiving Institution of said transfer, in accordance with subsection III, subsection (v), of this article, the Institution that receives that instruction from the client with whom it has contracted the provision of this service must follow the following procedure:

(i) If the referred three digits or identification denomination of the receiving Institution correspond to the same Institution that processes the referred instruction from its client, it must carry out the corresponding charge and credit to the respective Accounts.

(ii) ...

(iii) If the referred three digits or identification denomination of the receiving Institution of the transfer correspond to an Institution different from the one processing the instruction and the respective electronic fund transfer does not correspond to a transfer through mobile devices or, if said transfer does correspond to one through mobile devices without any of said Institutions participating in the same clearing chamber of that type, the Institution that receives the instruction from its client, directly or through a commissionaire with whom it has agreed the performance of these operations, must process said instruction through the payment system for electronic fund transfers executed on the same Banking Business Day of operation, between Checking Accounts, among others, in which said Institution participates, subject to what is provided in the provisions applicable to said payment system, as well as in the corresponding operation manual.

In the event that an electronic fund transfer has not been able to be credited to the beneficiary Account, as a result of its return by the clearing chamber for transfers through mobile devices or by the payment system referred to in subsection (iii) of this subsection, the Institution that has processed the respective order must credit, on the same day it is notified or verifies said return, as the case may be, the corresponding resources in the Account of the holder who has issued the instruction for said transfer.

VII. Institutions that accept orders for electronic fund transfers that identify the Accounts of the respective beneficiaries with the last ten digits of the numbers of mobile phone lines, as well as the last three digits of the number of the participant key in the SPEI catalog or any of the identification denominations of the Institution that holds the beneficiary Account referred to in subsection III, subsection (v), above or, where applicable, those transfer orders that the respective payment systems allow to use only the referred ten

Wednesday, March 23, 2022 OFFICIAL GAZETTE 9

digits referred, must notify the holders of the Accounts in question about the credits that they carry out in said Accounts, by the means that they agree upon or, in the absence thereof, through the Account statement.

Each Institution must carry out the notification indicated in this subsection under the same conditions, in the same terms, timeframes and within the same hours as those applicable to electronic fund transfers that it makes between Accounts open in it itself.

VIII. Regarding the Institution that participates in any of the payment systems contemplated in the first paragraph of the previous article 17 Bis, which, in turn, allows the holders of the respective Accounts that this Institution holds to send instructions for electronic fund transfers that are originated, charged to those Accounts, by the acceptance of Charge Messages generated through a Computer Program, as well as to receive this type of transfers and credit the respective resources in the corresponding Accounts open in the same Institution, the latter must send the notifications of the credit or, where applicable, rejection, whether attributable to the ordering Account or the beneficiary Account, or of the return that results from the corresponding resources of the transfer in question, to the respective administrator of said payment system, in accordance with the internal norms applicable to said system, so that it notifies, through the Computer Programs, to the respective ordering and beneficiary account holders of the events indicated in the cited notifications as a result of such electronic fund transfers.

The Institution referred to in the previous paragraph must send the corresponding notification in terms of what is stated in that same paragraph to the respective administrator of the payment system in question, in accordance with the internal norms applicable to said payment system, at the latest within the period established for this purpose in said norms.

IX. Institutions must allow the holders of the Accounts administered by them to include, in the electronic fund transfer instructions that the Institutions themselves have offered to execute, the information that the holders consider relevant to add in the fields that, for this purpose, they must establish in accordance with the operation manuals of the respective payment system. Regarding transfers through mobile devices, Institutions must allow the extension of said information to reach up to forty characters for the payment concept. What is provided in this subsection will not be applicable regarding electronic fund transfers that use proximity communication technology.

As an exception to what is provided in the previous paragraph, regarding the electronic fund transfers corresponding to the Institutions participating in any of the payment systems provided for in the previous article 17 Bis, which allow their account holders to send and receive instructions for said transfers originated by the acceptance of Charge Messages generated through Computer Programs, said Institutions must comply with the requirements established in the norms of the respective payment system so that the account holders who receive said Charge Messages can specify only the amount of the transfer in question, when the Charge Message does not include said data.

X. Institutions must send the information referred to in the previous subsection as part of the electronic fund transfer orders that they transmit to other Institutions and, regarding that information included in the orders that the Institutions themselves receive, they must make it available to the holders of the respective receiving Accounts.

XI. Institutions must refrain from charging commissions:

(i) To their clients, for the incorporation and sending of the information referred to in the previous subsection IX, without prejudice to the commissions that they charge to said clients for the processing and execution of the electronic fund transfers that they send.

(ii) To their clients, regarding the execution of instructions for electronic fund transfers, transmitted through mobile devices, whose last ten digits of their mobile phone line numbers, are associated with their Checking Accounts for amounts greater than the commissions that they charge for the execution of said transfers between Accounts open in the same Institution, without prejudice that they may add to the corresponding amount the equivalent to the tariff that SPEI or other concepts would charge that justify at the time of registering the commission before the Bank of Mexico for carrying out said execution.

10 OFFICIAL GAZETTE Wednesday, March 23, 2022

(iii) and (iv) ...

XII. For the receipt of electronic fund transfers derived from orders that identify the Beneficiaries' Accounts with the last ten digits of the telephone line numbers referred to in this article, as well as for the processing of instructions for electronic fund transfers transmitted by mobile devices, Institutions shall refrain from conditioning the execution of such operations on the respective ten digits of the telephone line number corresponding to a specific telephone service provider, nor shall they exclude any of said providers.

...

XIII. Make available to the public, through the portal they maintain on the Internet, a simple guide on the procedures, terms and conditions applicable to the services of electronic fund transfers and Direct Debits, which they offer between Accounts opened at the same Institution or interbank, as well as to send by email or deliver free of charge a printed copy of said guide to clients who request it at their branches.”

Transfers to SPEI

“Article 122 Bis.- Institutions that are participants in the SPEI may request the transfer of resources from their Single Account to any of their SPEI Accounts, in accordance with one of the following alternatives:

I. Through transfer orders sent through the SIAC-BANXICO from 19:00 hours of each Banking Business Day until the time established in the SPEI operation manual corresponding to the following Banking Business Day, directed to the SPEI Account that they maintain at the respective SPEI instance referred to in the “Rules of the Electronic Payments System”, contained in Circular 14/2017 issued by the Bank of Mexico, and to which the Institution in question requests the corresponding transfer. Such orders shall have as the value date the Banking Business Day on which such time concludes.

...

II. Through transfer orders sent by the Bank of Mexico so that each Banking Business Day, at the start of SPEI operations, resources are transferred from the Institution's Single Account to its SPEI Accounts, based on the payment capacity of the Institution in question, which the Bank of Mexico has determined on the previous Banking Business Day.

Participants must communicate to the Bank of Mexico prior to the start of the SPEI operational day, in accordance with applicable provisions, the percentage of the payment capacity that will be transferred to each of the SPEI Accounts that they maintain in each of the SPEI instances referred to in the “Rules of the Electronic Payments System”, contained in Circular 14/2017 issued by the Bank of Mexico. In the event that the participant does not make the aforementioned communication to the Bank of Mexico regarding the percentage of payment capacity for a given day, the percentage notified for the day prior to the corresponding day will be taken.

The aforementioned payment capacity will be equivalent to the positive balance resulting from subtracting from the amount of the guarantee that the Institution itself may grant in terms of Article 115 of these Provisions the following concepts: (i) the amount of the overdraft that, if any, the Institution has in its Single Account at the time of the start of SPEI operations; (ii) the amount of the obligations owed by the Institution in question to the Bank of Mexico to be paid at the start of operations of the SIAC-BANXICO on the Banking Business Day following that in which the resources are sent in terms of this Section II, and (iii) the reserved amount that, if any, the Institution itself determines through the SIAC-BANXICO.

The transfer referred to in the previous paragraph will be recorded at the start of operations of both the SIAC-BANXICO and the SPEI, in the respective Single Account and SPEI Account of the Institution in question, on the Banking Business Day following that in which the

Wednesday, March 23, 2022 OFFICIAL GAZETTE 11

payment capacity of the Institution in question is determined in accordance with the provisions of the previous paragraph.”

Request

“Article 125.- ...

Without prejudice to the foregoing, for the purposes of what is provided in Article 122 Bis, Section II, of these Provisions, the Institution in question must send to the Bank of Mexico a written communication granting its corresponding authorization to the Bank itself, drafted in terms of Annex 27 of these Provisions, which must be signed by those who have the authority to exercise acts of dominion on behalf of the Institution. For this purpose, Institutions must present to the Directorate of Operation and Continuity of Payment Systems and Market Infrastructures certified and simple copies of the notarial testimony in which the authority of the person intending to sign it is recorded, as well as a simple copy of their official identification.

...”

“ANNEX 28 Is repealed.”

TRANSITIONAL PROVISIONS

FIRST.- This Circular shall enter into force the day following its publication in the Official Gazette of the Federation, with the exception of what is stated in the following transitional rules.

SECOND.- The modifications to Article 122 Bis shall enter into force on May 4, 2022.

Without prejudice to the foregoing, from the entry into force of this Circular until May 3, 2022, Article 122 Bis, Section I, is modified to remain, only during this transitional period, in the following terms:

“I. Through transfer orders sent through the SIAC-BANXICO from 19:00 hours of each Banking Business Day until the time established in the SPEI operation manual corresponding to the following Banking Business Day. Such orders shall have as the value date the Banking Business Day on which such time concludes.”

THIRD.- The additions of the penultimate and last paragraphs of Article 17 shall enter into force on May 12, 2022.

FOURTH.- The additions of the last paragraph of Article 17 Bis shall enter into force on June 23, 2022.

FIFTH.- The additions to Article 17 Ter, second paragraph of subsection (i), third paragraph of subsection (ii), and sixth paragraph of subsection (iii) of Section III shall enter into force on June 23, 2022.

SIXTH.- Regardless of what is established in this Circular, without prejudice to the mechanisms that are established for the exchange and discussion of opinions, ideas and projects between the Bank of Mexico and the sector corresponding to the subject matter of these Rules, any person may present to the Bank of Mexico, within the period of twenty Banking Business Days following the publication of this Circular in the Official Gazette of the Federation, their comments or suggestions regarding what is established in Article 17 Ter, second paragraph of subsection (i), third paragraph of subsection (ii), sixth paragraph of subsection (iii) and subsection (viii) of Section III, as well as Sections IV and V of this Circular.

The comments and suggestions that the persons indicated in this Transitional Rule present to the Bank of Mexico will be public. For these purposes, said persons must present their comments and suggestions through the public consultation portal established by the Bank of Mexico on its website, located at the following address: https://www.banxico.org.mx/ConsultaRegulacionWeb/

The Bank of Mexico will consider the comments and suggestions presented in accordance with the above and, within sixty Banking Business Days following the conclusion of the period indicated in the first paragraph of this Rule, will publish on its website a report on the recommendations and suggestions received, without prejudice to the powers that it may exercise as a result of the foregoing.

Mexico City, March 15, 2022.- BANK OF MEXICO: General Legal Director, Luis Urrutia Corral.- Signature.- Director of Policy and Studies on Payment Systems and Market Infrastructures, Othón Martino Moreno González.- Signature.

12 OFFICIAL GAZETTE Wednesday, March 23, 2022

For any queries regarding the content of this Circular, the Bank of Mexico is at your disposal through the Directorate of Authorizations and Sanctions of Central Banking at telephone (55) 5237-2000 extension 3200.