2023-09-08 | Circular 8/2023Added · Updated
The Bank of Mexico establishes electronic mail as the official channel for communicating general provisions on cash operations to credit institutions, requiring them to submit institutional and individual email addresses via a standardized form by October 23, 2023. The circular mandates that communications sent to registered addresses are legally binding even if the accounts are inactive or incorrect, and it repeals Circular-Telefax 1/2002. Credit institutions must maintain updated contact information and notify changes within three banking days, with modifications taking effect two banking days after notification.
Friday, September 8, 2023 OFFICIAL GAZETTE CIRCULAR 8/2023 addressed to Credit Institutions, regarding the means to disseminate circulars that the Bank of Mexico issues concerning the storage, supply, exchange, delivery, withdrawal, reproduction, and destruction of banknotes and metal coins, as well as cash correspondents.
At the margin, a logo that says: Bank of Mexico.- “2023, Year of Francisco Villa, the revolutionary of the people”.
CIRCULAR 8/2023 TO CREDIT INSTITUTIONS: SUBJECT: MEANS TO DISSEMINATE CIRCULARS ISSUED BY THE BANK OF MEXICO REGARDING STORAGE, SUPPLY, EXCHANGE, DELIVERY, WITHDRAWAL, REPRODUCTION AND DESTRUCTION OF BANKNOTES AND METAL COINS, AS WELL AS CASH CORRESPONDENTS
The Bank of Mexico, with the purpose of continuing to promote the sound development of the financial system and the proper functioning of payment systems, as well as the protection of the public's interests, considers it convenient to issue the general provisions referred to in Article 22, fraction II, of the Law for Transparency and Regulation of Financial Services, to determine the means through which it may disseminate the regulation it issues regarding storage, supply, exchange, delivery, withdrawal, reproduction, and destruction of banknotes and metal coins, as well as cash correspondents.
For the above, based on Articles 28, sixth and seventh paragraphs, of the Political Constitution of the United Mexican States, 3, fraction I, 24 and 26, of the Bank of Mexico Law, 22, fraction II, and third paragraph, items a) and b), of the Law for Transparency and Regulation of Financial Services, 48 and 48 Bis 1, second-to-last paragraph, of the Credit Institutions Law, 1, 4, first paragraph, 8, fourth and eighth paragraphs, 10, first paragraph, 16, first paragraph, in relation to 16 Bis, fraction II, and 17, fraction I, of the Internal Regulations of the Bank of Mexico, which grant it the authority to issue provisions through the General Directorate of Issuance and the Directorate of Central Banking Provisions, respectively, as well as Second, fractions III and X, of the Agreement on the Assignment of Administrative Units of the Bank of Mexico, it has resolved to issue the following General Provisions to determine the means for disseminating circulars that the Bank of Mexico issues regarding storage, supply, exchange, delivery, withdrawal, reproduction, and destruction of banknotes and metal coins, as well as cash correspondents:
GENERAL PROVISIONS TO DETERMINE THE MEANS FOR DISSEMINATING CIRCULARS ISSUED BY THE BANK OF MEXICO REGARDING STORAGE, SUPPLY, EXCHANGE, DELIVERY, WITHDRAWAL, REPRODUCTION AND DESTRUCTION OF BANKNOTES AND METAL COINS, AS WELL AS CASH CORRESPONDENTS
Article 1.- The Bank of Mexico may disseminate the general provisions it issues regarding storage, supply, exchange, delivery, withdrawal, reproduction, and destruction of banknotes and metal coins, as well as cash correspondents, through their publication on its electronic page on the internet, identified by the following domain name: https://www.banxico.org.mx/marco-normativo/normativa-emitida-por-el-banco-de-mexico/circular-operaciones-de-caja/operaciones-caja-disposicione.html
In addition to the publication referred to in the preceding paragraph, on the same date it carries out said publication, the Bank of Mexico will communicate to credit institutions the general provisions it issues in said matter via email originating from the addresses provided in Annex 1 of this Circular. Such general provisions will be sent to credit institutions, electronically signed by the officials competent to issue them in terms of the Internal Regulations of the Bank of Mexico based on electronic signature creation data and in accordance with the procedures and systems of Extended Security Infrastructure, administered and regulated by the Bank of Mexico, as referred to in Circular-Telefax 6/2005, as modified or replaced by subsequent resolutions.
OFFICIAL GAZETTE Friday, September 8, 2023 The use of the electronic signature will have the same legal effects as the handwritten signature, in accordance with applicable provisions.
Article 2.- For the purposes of Article 1 of these provisions, each credit institution must provide to the Cash Programming and Distribution Directorate of the Bank of Mexico, an institutional email address and three to ten email addresses of persons working at the institution, which must be kept enabled at all times to receive the general provisions issued by the Bank of Mexico regarding storage, supply, exchange, delivery, withdrawal, reproduction, and destruction of banknotes and metal coins, as well as cash correspondents, in accordance with the format included in Annex 2 of this Circular. The institutional email address provided in this paragraph must be used exclusively for receiving the general provisions referred to in this Circular, and its name must be related to such purpose.
The information referred to in the preceding paragraph that credit institutions send to the Bank of Mexico for the purposes indicated in this article must be delivered, physically or electronically, to the email addresses established in Annex 1 of these provisions, on banking business days, between 9:00 and 17:00 hours, and signed by a representative who has the authority to perform acts of administration or ownership on behalf of the credit institution in question. To evidence the aforementioned authority, the credit institution must present, in addition to the information referred to in the preceding paragraph, a certified copy of the public deed in which the granting of the aforementioned authority is recorded, as well as a simple copy of the representative's official identification. In all cases, the certified copy referred to in this paragraph must be presented physically to the Cash Programming and Distribution Directorate of the Bank of Mexico, at Legaria Boulevard number 691, Irrigación neighborhood, Miguel Hidalgo territorial demarcation, postal code 11500, Mexico City, Mexico.
Credit institutions may refrain from presenting the certified copy of the public deed in which the granting of representation authority is recorded, in the case of communications signed by representatives of credit institutions that are registered with the Bank of Mexico in terms of the Rules of the Electronic Attention Module, contained in Circular 13/2012 of the Bank of Mexico, published in the Official Gazette of the Federation on September 17, 2012, as modified or replaced by subsequent resolutions.
Credit institutions must notify the Cash Programming and Distribution Directorate of the Bank of Mexico, physically or electronically to the email addresses established in Annex 1 of these provisions, any revocation or modification regarding the authority of representatives that have been accredited with said Bank, either by presenting a certified copy of the public deed in which the granting of authority is recorded or by registering as a representative in accordance with the Rules of the Electronic Attention Module, to provide the email addresses enabled for receiving the general provisions issued regarding storage, supply, exchange, delivery, withdrawal, reproduction, and destruction of banknotes and metal coins, as well as cash correspondents, within three banking business days following the effective date of the revocation or modification in question.
Article 3.- Credit institutions, through the representatives referred to in Article 2 of these provisions, may modify the list of email addresses enabled for receiving general provisions from the Bank of Mexico.
Likewise, credit institutions must keep the list of email addresses enabled for receiving general provisions issued by the Bank of Mexico updated, for which they must notify this Central Institute, through said representatives, any deletion, deactivation, or modification of the referred email addresses, within ten banking business days following the occurrence of the deletion, deactivation, or modification in question.
In both cases, modifications or revocations must be notified to the Bank of Mexico, physically or electronically to the email addresses established in Annex 1 of these provisions, by presenting the format included in Annex 2 of this Circular with the email addresses that will remain enabled. Such modifications or revocations will take effect on the second banking business day following their notification to the Bank of Mexico.
The documents that credit institutions send to the Bank of Mexico in terms of these provisions must be signed with a handwritten signature or an advanced electronic signature. For the purposes of these provisions, an advanced electronic signature is understood to be that which meets the requirements of Advanced or Reliable Electronic Signature referred to in Articles 89 and 97 of the Commerce Code, as modified or replaced subsequently. The data of the electronic signature must be verifiable through the corresponding digital certificate issued by the Tax Administration Service.
Friday, September 8, 2023 OFFICIAL GAZETTE Article 4.- The sending of general provisions issued by the Bank of Mexico regarding storage, supply, exchange, delivery, withdrawal, reproduction, and destruction of banknotes and metal coins, as well as cash correspondents, shall be deemed carried out, for all legal effects, if they are communicated in accordance with what is established in these provisions, to the institutional email address or to the email addresses of persons working at the credit institution in question, and that the Bank itself has registered at the time of said sending, based on the last version of the information referred to in Annex 2 that the corresponding credit institution has presented to the Bank of Mexico, even in the event that some email accounts provided by the credit institution turn out to be inaccurate, inactive, non-existent, or present any error for receiving the referred provisions.
In the event that a credit institution does not present to the Bank of Mexico, in accordance with what is provided in these provisions, the necessary and updated information for this to carry out the sending of general provisions it issues regarding storage, supply, exchange, delivery, withdrawal, reproduction, and destruction of banknotes and metal coins, as well as cash correspondents, the sending of these shall be deemed carried out, for all legal effects, by their sole publication on the electronic page on the internet of the Bank itself, identified by the following domain name: https://www.banxico.org.mx/marco-normativo/normativa-emitida-por-el-banco-de-mexico/circular-operaciones-de-caja/operaciones-caja-disposicione.html
ANNEX 1 EMAIL ADDRESSES OF THE BANK OF MEXICO THROUGH WHICH GENERAL PROVISIONS ISSUED BY IT REGARDING STORAGE, SUPPLY, EXCHANGE, DELIVERY, WITHDRAWAL, REPRODUCTION AND DESTRUCTION OF BANKNOTES AND METAL COINS, AS WELL AS CASH CORRESPONDENTS, MAY BE SENT TO CREDIT INSTITUTIONS
COC@banxico.org.mx circular_caja@banxico.org.mx
ANNEX 2 MODEL COMMUNICATION TO PROVIDE THE BANK OF MEXICO WITH THE EMAIL ADDRESSES ENABLED BY THE CREDIT INSTITUTION FOR RECEIVING GENERAL PROVISIONS ISSUED REGARDING STORAGE, SUPPLY, EXCHANGE, DELIVERY, WITHDRAWAL, REPRODUCTION AND DESTRUCTION OF BANKNOTES AND METAL COINS, AS WELL AS CASH CORRESPONDENTS
Mexico City, on __ of ______ of ____
BANK OF MEXICO CASH PROGRAMMING AND DISTRIBUTION DIRECTORATE Legaria Boulevard number 691, Irrigación neighborhood, Miguel Hidalgo territorial demarcation, Postal code 11500, Mexico City.
Present.
In relation to Article 2 of Circular 8/2023 of the Bank of Mexico, in the terms in force on the date of signing this document, as modified or replaced by that authority through subsequent resolutions, (name of the credit institution) states that the general provisions issued by the Bank of Mexico regarding storage, supply, exchange, delivery, withdrawal, reproduction, and destruction of banknotes and metal coins, as well as cash correspondents, bind and produce their effects in the terms they indicate for (name of the credit institution), when sent by said Central Bank, in terms of the cited Circular 8/2023, to the following email addresses:
EMAIL ADDRESSES Institutional email address
Email addresses, minimum three and up to ten persons working at the institution
OFFICIAL GAZETTE Friday, September 8, 2023 For such purposes, the undersigned of this communication has the necessary authority to present this document, in accordance with the cited Circular 8/2023, which is evidenced by (include the option that corresponds according to the following) (option 1) the certified copy of the public deed in which the granting of the corresponding authority is recorded, as well as a photocopy of the representative's official identification, who, under oath, states that said simple copy is a faithful and exact reproduction of the original. (option 2) the proof of registration with the Bank of Mexico in terms of the Rules of the Electronic Attention Module, contained in Circular 13/2012 of the Bank of Mexico, published in the Official Gazette of the Federation on September 17, 2012, as modified or replaced by subsequent resolutions.
This credit institution undertakes to notify the Bank of Mexico, immediately and through the means established in Circular 8/2023, any change in this list, which will take effect from the second banking business day following when it is made known to the Bank of Mexico.
For the above, this credit institution, at this act, releases the Bank of Mexico from all responsibility for the sending of general provisions to the email addresses indicated in this communication. This is until such time as there is no new communication that revokes or modifies the referred email addresses, if applicable, presented in terms of what is provided in the cited Circular 8/2023.
Likewise, (name of the credit institution), at this act, recognizes that the sending of general provisions shall be deemed carried out, for all legal effects, if they are communicated to the institutional email address or the email addresses indicated in this document.
Finally, any prior communication that this credit institution may have presented to the Bank of Mexico in terms of Annex 2 of Circular 8/2023 is rendered ineffective.
Sincerely,
(Name of the credit institution) (Name, position, and signature of the representative)
TRANSITORY PROVISIONS FIRST.- This Circular will enter into force the day following its publication in the Official Gazette of the Federation.
SECOND.- Credit institutions must provide the Cash Programming and Distribution Directorate of the Bank of Mexico with the email addresses enabled for receiving general provisions issued by the Bank of Mexico, in accordance with the format included in Annex 2 of this Circular, no later than October 23, 2023.
THIRD.- General provisions in force regarding storage, supply, exchange, delivery, withdrawal, reproduction, and destruction of banknotes and metal coins, as well as cash correspondents, made known by the Bank of Mexico to credit institutions prior to the entry into force of this Circular, will retain their full validity and legal effects.
Until October 23, 2023, the means through which the Bank of Mexico has made or makes known general provisions regarding storage, supply, exchange, delivery, withdrawal, reproduction, and destruction of banknotes and metal coins, as well as cash correspondents, will remain in force and with full effects.
FOURTH.- Circular-Telefax 1/2002 of the Bank of Mexico is repealed.
Friday, September 8, 2023 OFFICIAL GAZETTE Mexico City, September 5, 2023.- BANK OF MEXICO: General Director of Issuance, Alejandro Alegre Rabiela.- Initials.- Director of Central Banking Provisions, María Teresa Muñoz Arámburu.- Initials.
For any queries regarding the content of this Circular, the Bank of Mexico is at your disposal through the Central Banking Authorizations and Sanctions Directorate at telephone (55) 5237-2000 extension 3200.
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