2021-07-21 | DOF 5624453Added · Updated
The decree amends Article 20 to specify that supervisory visits shall include their start date and duration, with a maximum duration of six months renewable once for an equal period if justified. It adds Article 109, authorizing the Commission to determine electronic means for notifying supervised entities and persons of administrative acts, and allowing these entities to use the same means to send communications during the supervisory process, subject to regulations published in the Official Gazette. The decree entered into force the day after its publication on July 22, 2021, and existing administrative procedures initiated prior to this date are concluded under the regulations in effect at their start.
DOF: 21/07/2021
DECRETE by which various provisions of the Regulation of Supervision of the National Banking and Securities Commission are amended and added to
At the margin, a seal with the National Coat of Arms, which says: United Mexican States.- Presidency of the Republic.
ANDRÉS MANUEL LÓPEZ OBRADOR, President of the United Mexican States, in exercise of the power conferred upon me by Article 89, fraction I of the Political Constitution of the United Mexican States, and based on Articles 31 of the Organic Law of the Federal Public Administration; 5 of the Law of the National Banking and Securities Commission; 110 Bis 2, 110 Bis 11 and 117, first paragraph of the Credit Institutions Law; 350, 399 and 408 of the Securities Market Law; 18, 62, 120 and 129 of the Law to Regulate the Activities of Savings and Loan Cooperative Societies; 120, 146 and 155 of the Popular Savings and Credit Law; 75, 133 and 142 of the Credit Unions Law; 56, 101 Bis 3 and 101 Bis 12 of the General Law of Organizations and Auxiliary Credit Activities; 102, 165 and 173 of the Law to Regulate Financial Groupings; 17 of the Law to Regulate Credit Information Societies; 80, 87 Bis 2 and 87 Bis 11 of the Investment Funds Law, and 71, 134 and 142 of the Law to Regulate Financial Technology Institutions, I have deemed it appropriate to issue the following
DECRETE BY WHICH VARIOUS PROVISIONS OF THE REGULATION OF SUPERVISION OF THE NATIONAL BANKING AND SECURITIES COMMISSION ARE AMENDED AND ADDED
SINGLE ARTICLE.- Articles 20, fraction V and 108 are AMENDED, and Article 109 is ADDED to the Regulation of Supervision of the National Banking and Securities Commission, to read as follows:
Article 20.-
... I. to IV.
...
V.
The date on which the visit will begin, as well as its duration. Such visits may not have a duration exceeding six months, renewable for a single time for an equal period, provided there are justified causes motivating this;
VI. to X.
...
...
Article 108.- Notifications of administrative acts and other resolutions provided for in this regulation issued by the Commission in the exercise of its functions, shall be carried out in accordance with the legal provisions applicable for each Supervised Entity or Person, and with those established in this Regulation. Such notifications may be made to the Supervised Entity or Person by electronic means when these or their representative have expressly accepted or requested them in writing to the Commission.
Article 109.- The Commission shall determine the electronic means through which it may notify Supervised Entities and Persons of the administrative acts it issues in the exercise of its supervisory powers. The electronic means determined by the Commission may also be used by Supervised Entities or Persons to send to the Commission the communications they need to make to the latter during the supervisory process.
The provisions in the preceding paragraph shall be carried out in accordance with the regulation issued by the Commission for this purpose, which must be published in the Official Gazette of the Federation.
TRANSITORY PROVISIONS
FIRST.- This Decree shall enter into force the day following its publication in the Official Gazette of the Federation.
SECOND.- Administrative procedures initiated by the National Banking and Securities Commission prior to the entry into force of this Decree, shall be concluded in accordance with the regulations in effect at their initiation.
Given at the Residence of the Federal Executive Power, in Mexico City on July 15, 2021.- Andrés Manuel López Obrador.- Signature.- The Secretary of Finance and Public Credit, Arturo Herrera Gutiérrez.- Signature.
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