Circular 9/2021 — Modifications to Circular 13/2012 (Electronic Attention Module)

Monday, November 22, 2021 OFFICIAL GAZETTE 159 BANCO DE MEXICO CIRCULAR 9/2021 addressed to Credit Institutions, the National Agricultural, Rural, Forestry and Fisheries Development Financial Institution, Brokerage Houses, Regulated Multiple-Object Financial Societies, Electronic Payment Fund Institutions, and Collective Financing Institutions, regarding modifications to Circular 13/2012 (Electronic Attention Module).

At the margin, a logo that says: Bank of Mexico.- “2021: Year of Independence”.

CIRCULAR 9/2021 TO CREDIT INSTITUTIONS, THE NATIONAL AGRICULTURAL, RURAL, FORESTRY AND FISHERIES DEVELOPMENT FINANCIAL INSTITUTION, BROKERAGE HOUSES, REGULATED MULTIPLE-OBJECT FINANCIAL SOCIETIES, ELECTRONIC PAYMENT FUND INSTITUTIONS, AND COLLECTIVE FINANCING INSTITUTIONS:

SUBJECT: MODIFICATIONS TO CIRCULAR 13/2012 (ELECTRONIC ATTENTION MODULE)

The Bank of Mexico, with the purpose of continuing to promote the sound development of the financial system, the proper functioning of payment systems, as well as protecting the interests of the public, considers it necessary to modify the regulation issued by this Central Institute regarding commission registration, in order to improve the efficiency of the registration process through the use of electronic means, harmonize the obligations of electronic payment fund institutions and collective financing institutions regarding commission registration with those of credit institutions and regulated multiple-object financial societies, as well as provide greater transparency regarding the acts or facts that give rise to the charging of commissions by financial entities through the use of a taxonomy to facilitate the administration of their registration, which will allow the development of better comparison tools for the benefit of users.

For the above, based on articles 28, sixth and seventh paragraphs, of the Political Constitution of the United Mexican States, 24, 26 and 36, of the Bank of Mexico Law, 4 and 6, of the Law for Transparency and Ordering of Financial Services, 48 and 97, of the Credit Institutions Law, 4, first paragraph, 8, fourth and eighth paragraphs, 10, first paragraph, 14 Bis, first paragraph, in relation to 17, fraction I, and 14 Bis 1, in relation to 25 Bis 1, fraction IV, of the Internal Regulations of the Bank of Mexico, which grant it the authority to issue provisions through the General Legal Directorate and the General Directorate of Financial System Affairs of the Bank of Mexico, respectively, as well as Second, fractions I and X, of the Agreement on the Affiliation of the Administrative Units of the Bank of Mexico, it has resolved to modify the title of the Rules, the first paragraph and the definitions of “Certifying Agency”, “Commissions”, “Receipt”, “Entity”, “Operator”, “Organization”, “Representative”, “Qualified Representative” and “Request” of articles 1, 2, 2.1, 2.2, 2.3, 2.4, 3, 3.1, 3.2, 4.1, 4.4, 4.5, 4.6, and 4.7, as well as add the definition of “Commission Registration System” to article 1, of the “Rules of the Electronic Attention Module”, contained in Circular 13/2012, to remain in the following terms:

“RULES OF THE ELECTRONIC ATTENTION MODULE AND THE COMMISSION REGISTRATION SYSTEM”

“1. … For the purposes of these provisions, the following shall be understood, in singular or plural:

Certifying Agency: the institution, decentralized body or company, authorized by the Bank of Mexico to provide certification services in the EAM through the issuance of Digital Certificates. …

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Receipt: the Data Message generated by the Bank of Mexico and made known through the EAM or the Commission Registration System, to record that: … …

Entity: credit institutions, the National Agricultural, Rural, Forestry and Fisheries Development Financial Institution, brokerage houses, regulated multiple-object financial societies, electronic payment fund institutions, and collective financing institutions, jointly or separately. …

Operator: the natural person designated and authorized by an Entity to access the EAM or Commission Registration System, as the case may be, in order to be able only to: a) enter Requests, information or Responses to Notifications, and b) consult requirements for additional information, Notifications, Responses, Resolutions, and, if applicable, other acts issued by the Bank of Mexico.

Organization: trade associations that comprise Entities, stock exchanges, central securities counterparties, institutions for the deposit of securities, and clearing houses, as well as other societies that the Bank of Mexico authorizes through the Directorate of Authorizations and Sanctions of Central Banking.

Other Financial Authorities : …

Representative: the natural person designated and authorized by an Entity to electronically sign, on behalf and for the account of this Entity, the communications that it presents to the Bank of Mexico through the EAM or the Commission Registration System, who may accredit and revoke Operators, as well as carry out the management corresponding to them, with respect to the use of the EAM or the Commission Registration System.

Qualified Representative: the natural person designated and authorized by an Entity to electronically sign, on behalf and for the account of this Entity, the communications that it presents to the Bank of Mexico through the EAM or the Commission Registration System, who may accredit and revoke Representatives and Operators, as well as carry out the management corresponding to them, with respect to the use of the EAM or the Commission Registration System. …

Commission Registration System: the system referred to in the General Provisions on commission registration, issued by the Bank of Mexico through Circular 36/2010, published in the Official Gazette of the Federation on November 24, 2010, in terms of the modifications made subsequently.

Request: the Data Message with the Electronic Signature of a Representative of the Entity in question, through which it requests the Bank of Mexico an authorization or the inscription or cancellation of a Commission in the registry kept by the Bank of Mexico in accordance with the General Provisions on commission registration previously cited or makes a consultation, made known through the EAM or the Commission Registration System, as the case may be.”

“2. REQUIREMENTS TO PARTICIPATE IN THE EAM OR IN THE COMMISSION REGISTRATION SYSTEM”

“2.1 … Entities, through their General Manager, the head of the legal area, or the heads of areas related to the submission of Requests and Responses to Notifications, must request from the Bank of Mexico the accreditation of persons who may perform functions as Qualified Representatives, Representatives, and, if applicable, Operators to carry out the acts that correspond to be performed through the EAM or the Commission Registration System, as the case may be.

For this purpose, with respect to acts that can be performed through the EAM, Entities must present to the Bank of Mexico a communication in accordance with the format attached as Annex 1 of these Rules, addressed to the Directorate of Authorizations and Sanctions of Central Banking, signed by officials indicated in the previous paragraph, as applicable, and accompanied by: a) certified copy of the deed in which the powers of the person signing the aforementioned communication are stated, or a certification of their appointments issued by the secretary or pro-secretary of the board of directors or supervisory board, as applicable, of the Entity in question, and b) electronic device containing the Digital Certificate of the designated Qualified Representatives, Representatives, and Operators.

On the other hand, regarding acts that correspond to be performed through the Commission Registration System, authorized Entities must present to the Bank of Mexico, a communication in accordance with the format obtained from said system, addressed to the Directorate of Information of the Financial System, signed by officials indicated in the first paragraph of this article, as applicable, and accompanied by the same documentation and material indicated in the previous paragraph.

It shall be the responsibility of Entities to ensure that persons designated in accordance with this article have sufficient authority to use the EAM or the Commission Registration System, according to the type of accreditation corresponding to them.

Entities must deliver the communications and information referred to in this article, at least five Business Days in advance of the date on which they intend to begin using the EAM or the Commission Registration System.”

“2.2 … Entities may request the accreditation of additional Representatives and Operators to those designated in accordance with article 2.1, through a request presented through the EAM or the Commission Registration System, as the case may be, by their Qualified Representatives or Representatives, as applicable, in accordance with the format provided in Annex 2 of these Rules for purposes of the EAM or the format included in the Commission Registration System, for purposes of this, and must attach to such requests the Digital Certificates of these. Without prejudice to the foregoing, Representatives and Operators accredited in the EAM in accordance with these provisions may, if so determined by the Entities, be accredited in the Commission Registration System for purposes of the registration of Commissions that Entities carry out through said system.

It shall be the responsibility of Entities to ensure that persons designated in accordance with the previous paragraph have sufficient authority to use the EAM or the Commission Registration System, according to the type of accreditation corresponding to them.”

“2.3 … Entities, through their Qualified Representatives, may revoke the accreditation of Representatives and Operators, through a notice presented through the EAM or the Commission Registration System, as applicable, in which they make known the name of the persons whose designation is revoked. In the same way, Representatives may revoke the accreditation of Operators. …

Entities must maintain, at all times, the accreditation of at least one Representative to carry out the acts that correspond through the EAM. Likewise, they must maintain, at all times, the accreditation of at least one Representative to carry out the acts that correspond through the Commission Registration System, in case they correspond to any of the Financial Entities referred to in the General Provisions on commission registration, provided for in Circular 36/2010.”

“2.4 … … The revocations referred to in article 2.3 of these Rules shall take effect from the next Business Day following that on which the respective notice is received by the Bank of Mexico by 16:00:00 hours. In case the Bank of Mexico receives said notice after such hour, the corresponding revocation shall take effect from the second Business Day following that on which it is received.”

“3. OPERATION PROCEDURE OF THE EAM AND THE COMMISSION REGISTRATION SYSTEM”

“3.1 …

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Entities must enter into the EAM or the Commission Registration System, as the case may be, their Requests, Responses to Notifications, additional documentation, notices, or attention to information requirements, as applicable, into the system in question, as well as include the data and information requested for this purpose. Only when such documentation meets the respective requirements, the Bank of Mexico will generate, through the EAM or the Commission Registration System, the corresponding Receipt.

Regarding Requests, additional documentation, notices, or attention to information requirements that Entities present to the Bank of Mexico through the Commission Registration System, in accordance with the General Provisions on commission registration previously referred to, the Receipt that the Bank of Mexico generates in accordance with the previous paragraph will not certify that such documentation meets the respective requirements.

Documentation entered into the EAM from 9:00:00 to 16:00:00 hours, shall be considered received for the legal effects it may have, on the same Business Day. Documentation entered into the EAM between 16:00:01 hours and 8:59:59 of the next Business Day, shall be considered received at 9:00:00 hours of said Business Day. Regarding the Commission Registration System, documentation entered from 9:00:00 to 18:00:00 hours, shall be considered received for the legal effects it may have, on the same Business Day. Documentation entered into the Commission Registration System between 18:00:01 hours and 8:59:59 of the next Business Day, shall be considered received for the legal effects it may have at 9:00:00 hours of said Business Day.”

“3.2 … The Bank of Mexico may request information from Entities and send them informational documents and Notifications through the EAM or the Commission Registration System, as applicable to the system in question, in which case it will inform them of this to one of the email addresses indicated for this purpose by the respective Entity. The foregoing shall be done without prejudice to the fact that Entities must regularly consult the EAM and, as applicable, the Commission Registration System, in order to promptly attend to the requirements and Notifications that, if any, are made to them. … The information requirements and Notifications referred to in the previous paragraphs shall take effect on the Business Day following the date on which, through the EAM or the Commission Registration System, they are made available to the corresponding Entities, unless they establish that they shall take effect on the same Business Day they are made available to Entities, or on a subsequent date. The foregoing, regardless of the date on which the recipients consult them.”

“4.1 Entities must formulate their Requests, present the Response to Notifications, and attend to the requirements for additional information referred to in these Rules, exclusively through the EAM or the Commission Registration System, as applicable. The Bank of Mexico may make known through the EAM the Responses, Notifications, and Resolutions that correspond, as well as carry out information requirements for such purposes.”

“4.4 What is provided in articles 3.1, 3.2, and 3.3 must be carried out in accordance with the “External User Manual”, which can be consulted on the Bank of Mexico’s website on the Internet, identified with the domain name www.banxico.org.mx. Regarding what is provided in the cited articles with respect to the registration of Commissions that Entities must carry out in accordance with applicable provisions, these must be subject to the “External User Manual of the Commission Registration System”, available in the Commission Registration System.”

“4.5 Representatives and Operators will be responsible for updating their Digital Certificates through the EAM or the Commission Registration System, as the case may be, in accordance with the procedure established for this purpose in the aforementioned “External User Manual” or “External User Manual of the Commission Registration System”.”

“4.6 When Organizations, the Secretariat of Finance and Public Credit, Other Financial Authorities, and financial entities other than Entities wish to send information, Requests, or request opinions to the Bank of Mexico through the EAM, they must observe what is provided in these Rules.”

“4.7 The Bank of Mexico, through the Directorate of Authorizations and Sanctions of Central Banking, may authorize exceptions to what is provided in these Rules.”

TRANSITORY SINGLE.- This Circular will enter into force one hundred and fifty natural days counted from the publication in the Official Gazette of the Federation of the agreement by which the Bank of Mexico begins to make known, on its internet page, the catalog of categories of Commissions referred to in article 2.1.3, fraction I, of Circular 8/2021, which modifies the General Provisions on commission registration, contained in Circular 36/2010 of the Bank of Mexico.

Monday, November 22, 2021 OFFICIAL GAZETTE 163 Mexico City, November 12, 2021.- BANK OF MEXICO: General Legal Director, Luis Urrutia Corral.- Signature.- General Director of Financial System Affairs, José Luis Negrín Muñoz.- Signature. For any consultation 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.