Decree Amending and Adding Various Provisions to the Regulations of the Law on Retirement Savings Systems

DOF: 25/02/2020

DECREE amending and adding various provisions to the Regulations of the Law on Retirement Savings Systems

A seal with the National Coat of Arms, which reads: United Mexican States.- Presidency of the Republic.

ANDRÉS MANUEL LÓPEZ OBRADOR, President of the United Mexican States, in exercise of the authority conferred upon me by Article 89, Section I of the Political Constitution of the United Mexican States, and based on Articles 31 of the Organic Law of the Federal Public Administration and 89, 90, 92, 93, 94, and 119 of the Law on Retirement Savings Systems, have deemed it appropriate to issue the following

DECREE AMENDING AND ADDING VARIOUS PROVISIONS TO THE REGULATIONS OF THE LAW ON RETIREMENT SAVINGS SYSTEMS

SINGLE.- Article 127, first paragraph, is AMENDED and Articles 138 BIS; 139, with a third paragraph; 140 BIS; 141 BIS and 156 of the Regulations of the Law on Retirement Savings Systems are ADDED, to read as follows:

ARTICLE 127. The visits that the Commission orders in the exercise of its inspection powers shall have a maximum duration of twelve months, and shall have the following objectives:

I. to IX.

...

ARTICLE 138 BIS. When conducting inspection visits, if the Commission becomes aware of facts or omissions that could constitute a non-compliance with the legal provisions governing the Retirement Savings Systems, it shall have a period of six months counted from the date on which the conclusion act is finalized, to impose through the corresponding procedure, the sanctions in terms of the Law.

ARTICLE 139.

...

...

The surveillance acts carried out by the Commission must be concluded within a period of twelve months counted from the notification to the Participant in the Retirement Savings Systems of the start of said acts.

ARTICLE 140 BIS. When the Commission requests from Participants in the Retirement Savings Systems and other persons and entities subject to the inspection and surveillance of the Commission, reports, data or documents or requests the presentation of the accounting or part of it, for the exercise of its surveillance powers, outside of an inspection visit, the following shall apply:

I.

The request shall be notified in accordance with what is established in Article 111 of the Law;

II.

The request shall indicate the place and the deadline by which the reports, data or documents must be provided;

III.

The required reports, data, books or documents shall be provided by the person to whom the request was addressed or by their legal representative;

IV.

As a consequence of the review carried out of the required reports, data, documents or accounting, the Commission shall issue a letter of observations in which it shall state in a detailed manner the facts or omissions that have been known and constitute a possible non-compliance with the legal provisions governing them;

V.

When there are no observations, the Commission shall communicate through a letter the conclusion of the surveillance review of the reports, data and other documents presented;

VI.

The letter of observations referred to in Section IV of this article shall be notified complying with what is stated in this same article. The Participant in the Retirement Savings Systems, as well as the other persons and entities subject to the inspection and surveillance of the Commission, shall have a period of twenty days counted from the day following the one in which the notification of the letter of observations takes effect, to present the documents, books, records and other information that disprove the facts or omissions stated in said letter, and

VII.

The facts or omissions recorded in the letter of observations shall be deemed consented if, within the evidentiary period referred to in the previous section, the Participant in the Retirement Savings Systems in question or the other persons and entities subject to the inspection and surveillance of the Commission do not present information or supporting documentation to disprove them, a situation that shall be brought to the attention of the interested party.

ARTICLE 141 BIS. When exercising its surveillance powers, if the Commission becomes aware of facts or omissions that could constitute a non-compliance with the legal provisions governing the Retirement Savings Systems, it shall have a period of six months counted from the date on which the period indicated in Section VI of Article 140 BIS of this Regulation concludes, to impose through the corresponding procedure, the sanctions in terms of the Law.

ARTICLE 156. The schedule for receiving documents at the Commission's official office shall be from 9:00 to 18:00 hours on days considered as business days, in accordance with the general provisions issued for such effect by the Commission.

TRANSITORY PROVISIONS

FIRST. This Decree shall enter into force the day following its publication in the Official Gazette of the Federation.

SECOND. From the entry into force of this Decree, all provisions that oppose it are repealed.

Given at the residence of the Federal Executive Power, in Mexico City, on February 20, 2020.- Andrés Manuel López Obrador.- Signature.- The Secretary of Finance and Public Credit, Arturo Herrera Gutiérrez.- Signature.

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