Decree reforming, adding, and repealing provisions of the Regulation of the Single Public Registry of Financing and Obligations of Federal Entities and Municipalities

DOF: 01/04/2024

DECREE by which various provisions of the Regulation of the Single Public Registry of Financing and Obligations of Federal Entities and Municipalities are reformed, added, and repealed.

At the margin, 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 22, and 49 of the Financial Discipline Law of the Federal Entities and Municipalities, I have deemed it appropriate to issue the

following

DECREE BY WHICH VARIOUS PROVISIONS OF THE REGULATION OF THE SINGLE PUBLIC REGISTRY OF FINANCING AND OBLIGATIONS OF FEDERAL ENTITIES AND MUNICIPALITIES ARE REFORMED, ADDED, AND REPEALED

SINGLE ARTICLE. Articles 1; 2, first paragraph, sections II, III, IV, V, VI, VIII, IX, X, XI, and XII; 6; 13, first paragraph, sections I, II, second and third paragraphs; the denomination of CHAPTER IV is modified; 17, sections I and II, second and third paragraphs; 21; 25, first paragraph, section I, first paragraph, items e), f), and g) and second paragraph, section II, item c), numeral 2, items d), e) and f), section IV, items b) and c), section V, section VI, section VII, section IX, section X and section XI, and second paragraph; 26, first paragraph, section I, items c), d) and e), section II, items a), e) and f), section IV, item a), sections V, VI, VII, VIII, IX and X, and second paragraph; 27, first and third paragraphs, which becomes the second paragraph; 28, first paragraph, section I, items d) and e), section II, first paragraph and section III; 29; 30, first paragraph; 31, first paragraph; 32, first paragraph; 33, first paragraph, section I and section II, second paragraph; 39, first paragraph; 40, first paragraph, section I; 41, first, penultimate and last paragraphs; 42; 45, first paragraph, section I, second paragraph, section II, items c) and d), sections V and VII; 47, first and second paragraphs, sections I and II; 48, first paragraph; 50 and 51; are REFORMED; Articles 13, with a section III; 17, with a section III; 25, section I, with items h) and i), section VII, with a second paragraph and section XII; 26, section I, with items g) and h), section VII, with a second paragraph; 27, with a third paragraph; 28, section I, with item f), section II, with a second paragraph and with section IV; 30, with a new second paragraph; 31, with a second paragraph; 32, with a second paragraph; 33, with a third paragraph; 41, with a second paragraph, with sections I and II; 48, with a third paragraph; are ADDED; and Articles 25, section VI, third paragraph; 26, section VI, third paragraph; 27, second paragraph and 30, second paragraph, of the Regulation of the Single Public Registry of Financing and Obligations of Federal Entities and Municipalities, are REPEALED, to read as follows:

Article 1. This regulation aims to regulate the registration, modification, and cancellation, as well as to transparent the Financing and Obligations contracted by federal entities, municipalities, and other public entities indicated in the Law, in the Single Public Registry, as well as the operation, functioning, and transparency of information of said Registry in terms of Chapter VI of Title Three of the Financial Discipline Law of the Federal Entities and Municipalities.

Article 2. For the purposes of this regulation, in addition to the definitions established in Article 2 of the Financial Discipline Law of the Federal Entities and Municipalities, the following are understood:

I.

...

II.

Acceptance Letter: the document signed by the authorized applicant, through which they are aware of and accept the use of the Single Public Registry system for the presentation, processing, and resolution of the procedures and information referred to in Article 4 of this regulation;

III.

Registration Key: the key issued by the Single Public Registry for each of the Financing and Obligations that are registered in said Registry;

IV.

Certificate: the document issued by the Single Public Registry, through which it is accredited that the Financing or Obligation was registered, modified, or cancelled, through the registry procedure and which must contain the information referred to in articles 22, 23 or 24 of this regulation;

V.

Advanced Electronic Signature: the set of data and characters that allows the identification of the signatory, which has been created by electronic means under their exclusive control, in such a way that it is linked only to them and to the data to which it refers, which allows any subsequent modification to these to be detected, which produces the same legal effects as the handwritten signature, referred to in the Advanced Electronic Signature Law;

VI.

Formats: the documents issued by the Secretariat through general provisions to establish the information that public entities must present in the procedures under the responsibility of the Single Public Registry, in terms of the Law and this regulation;

VII.

...

VIII.

Registry Procedure: the set of operations carried out by the Single Public Registry through which it processes and resolves, through the Single Public Registry system, the application procedures referred to in Article 4, section I of this regulation;

IX.

State Registry: the registries of loans and obligations of the federal entities;

X.

Single Public Registry System: the electronic system of the Secretariat that allows the receipt, processing, and resolution of applications for registration, modification, cancellation, and any other procedure related to the Single Public Registry, as well as the receipt of information on the Financing and Obligations of federal entities and municipalities to transparent such information, calculation of the Alert System, and monitoring of agreements in terms of articles 43, last paragraph, 44, 51, 56, 57 and 59 of the Law;

XI.

The authorized applicant: the public official who, on behalf of the Public Entity, captures, presents, and processes procedures and information in the Single Public Registry system, and will be responsible for the use of said System, and

XII.

Electronic Board: the electronic means that is part of the Single Public Registry system, through which the authorized applicant who uses the advanced electronic signature in terms of this regulation is provided with the electronic actions issued by the Single Public Registry and which generates an electronic receipt.

Article 6. The authorized applicant must present the procedures referred to in Article 4 of this regulation, through the Single Public Registry system using the advanced electronic signature. For this purpose, the authorized applicant must be the head of the Finance Secretariat, the Municipal Treasury, or its equivalent of each public entity, as applicable.

Article 13. Access to the Single Public Registry system must take place once the authorized applicant delivers to the offices of the Secretariat the following:

I.

The Acceptance Letter signed with a handwritten signature;

II.

The original document or certified copy that accredits the powers of representation to the public entity of whom the acceptance letter is signed, and

III.

The access request format established by the Operations Center for Services and Information Security of the Secretariat.

In addition, public entities other than the governments of the federal entities and municipalities must present the documentation that accredits the legal personality of the corresponding public entity.

Once the Secretariat grants access to the authorized applicant to the Single Public Registry system, the legal personality to carry out any procedure before the Single Public Registry is accredited.

CHAPTER IV

Obligations of the Authorized Applicant

Article 17. ...

I.

When the precaution is not resolved within the deadline indicated in section III of Article 16 of this regulation, or

II.

When having resolved the precaution within the established deadline, the observations made are not remedied, or

III.

When there is any lawsuit or administrative procedure related to the Financing or Obligation that is intended to be registered.

In any of the situations indicated in this article, the Single Public Registry must resolve what is appropriate within a maximum period of twenty business days, counted from the business day following the day the deadline referred to in section III of Article 16 of this regulation expires. The inadmissibility of the procedure will be notified through the electronic board.

In the event that the application is rejected, the rights of the authorized applicant to present a new application will be preserved.

Article 21. The disbursement or disbursement of Financing or, in its case, the start of the construction or operation service of the project related to Obligations of Public-Private Partnerships by public entities, will be conditioned on the registration of said Financing and Obligations in the Single Public Registry, except for short-term Obligations and securities issuances.

In the case of short-term Obligations, the application for registration must be presented to the Single Public Registry within a period not exceeding 30 calendar days, counted from the day following its contracting, provided that it includes in its application the duly signed legal instrument and complies with the requirements established in this regulation.

Regarding Obligations that originate from the issuance of securities, the authorized applicant must present the documentation referred to in Article 38 of this regulation, and the Registry will proceed to register the Financing. The public entity, within a period of ten business days following said registration, must accredit before the Registry the placement or circulation of the securities, having to enter into the Single Public Registry system the document referred to in section III of Article 38 of this regulation, in order to perfect the registration.

In case of not complying with section III of Article 38 of this regulation within the period indicated in the previous paragraph, the registration carried out will be cancelled, notifying this situation to the authorized applicant through the electronic board.

Article 25. For the registration in the Single Public Registry of Financing contracted for a term greater than one year, the authorized applicant must provide the following:

I.

Application for registration generated through the Single Public Registry system, in which they declare under oath that:

a) to d) ...

e)

The Financing was contracted under the best market conditions in accordance with the Law, this regulation, and other applicable provisions;

f)

The destination of the resources, regarding productive public investment, is for eligible projects or works or investment item that are included within the definition referred to in section XXV of Article 2 of the Law;

g)

The documents presented with the application in the Single Public Registry system comply with the requirements referred to in Article 16 of the Advanced Electronic Signature Law;

h)

The public entity is up to date in the payment of its Financing and Obligations, therefore it is not located in the situation established in Article 15 of the Regulation of the Alert System, and

i)

Compliance with what is provided in Article 27 of this regulation.

Likewise, said application must contain the main data of the Financing, according to the information requested by the Single Public Registry system.

II.

...

a) and b) ...

c) ...

1.

...

2.

In the case of Refinancing, specify the Financing to be liquidated, including its registration key;

d)

In its case, the Source of payment, the contracting of a payment guarantee or instruments derived for the Financing;

e)

The validity of the authorization. In the case of specific authorizations, it may not exceed the fiscal year following its approval. If no validity is established, it will be understood that the authorization can only be exercised in the fiscal year in which it was approved. Regarding authorizations provided for in state revenue laws, the validity will be for the fiscal year in which it is in force, and

f)

The authorization of the Local Legislature by the vote of two-thirds of the present members, prior to the analysis of the destination and payment capacity. For the first case, the document issued by the Local Legislature must be attached through which the quorum and the sense of the vote are accredited;

III.

...

IV.

The legal instrument and the annexes that form an integral part of it, in which the Financing whose registration is requested is stated. This document must specify:

a)

...

b)

The destination of the Financing. In the case that the destination is productive public investment, eligible projects or works or specific investment item must be included. Regarding Refinancing, the Financing to be liquidated must be indicated, including its registration key;

c)

The interest rate, when applicable, whether fixed or variable. In case of variable rate, the applicable surcharge must be specified;

d) and e) ...

V.

The opinion issued and signed by the head of the superior audit entity of the corresponding federal entity, in which they state that the public entity complies with the publication of the financial information of the last quarter that has passed to the date of presentation of the application, in accordance with the provisions of the General Law of Government Accounting and the norms issued by the National Council for Accounting Harmonization. The opinion must indicate, at least, the electronic links, or access routes to the Internet pages where the information whose publication was verified is available, as well as the period to which it corresponds;

VI.

The format signed by the head of the Finance Secretariat, Municipal Treasury, or its equivalent of each public entity, as applicable, in accordance with the annexes contained in the Guidelines of the Methodology for the Calculation of the Lowest Financial Cost and of the Competitive Processes of the Financing and Obligations to be contracted by federal entities, municipalities, and their Public Entities, issued by the Secretariat, in which it accredits that the Financing whose registration is requested was celebrated under the best market conditions.

In the case of public bidding, the ruling act must be presented in accordance with what is established in the Law, this regulation, and other applicable provisions;

Repealed.

VII.

The certificate issued by the head of the state registry, where it indicates that the Financing subject of the application is registered in it;

In the event that the Financing requested to be registered has undergone modifications, the authorized applicant of the public entity must also present the certificate issued by the head of the state registry, in which they accredit that the modification is registered;

VIII.

...

IX.

The legal instrument in which the Source of Payment mechanism is stated, and, in its case, any other that complements the structure of the financial operation in which the Financing is part. In this case, what is provided in articles 30, 31 or 32 of this regulation must be observed, as applicable;

X.

In its case, the document issued by the head of the Finance Secretariat or its equivalent of the federal entity, in which it accredits that the municipalities that do not have the State guarantee, have sufficient income to comply with the payment of the Financing;

XI.

The document that accredits that the amount contracted in the case of Financing backed by free disposal income is included within the Net Financing Ceiling, in accordance with the information issued by the Alert System, attaching the document in which the Net Financing Ceiling is detailed, considering, in its case, the amortizations made with free disposal income of long-term Financing and short-term Obligations that have been made to the date of presentation of the application; and, the Financing dispositions that are made in the fiscal year.

Likewise, it must indicate the balance of all Obligations and Financing in force on the date of the application considering the amount of the new obligation that is intended to be registered.

In the case of Financing that have a guarantee, it must present a document issued by the head of the Finance Secretariat, the Treasury, or its equivalent that accredits that the amount guaranteeing the public entity is included within its Net Financing Ceiling, in accordance with the information issued by the Alert System, attaching the document in which the Net Financing Ceiling is detailed, considering, in its case, the amortizations made with free disposal income of long-term Financing and short-term Obligations that have been made to the date of presentation of the application; and, the Financing dispositions that are made in the fiscal year. Likewise, it must indicate the balance of all Obligations and Financing in force on the date of the application considering the amount of the new obligation that is intended to be registered.

In the event that the public entity is located in high indebtedness in accordance with the initial evaluation of the Alert System, it must present the agreement referred to in articles 34 and 47 of the Law, which may include a Net Financing Ceiling different from that indicated in Article 46 of the Law, and

XII.

Payment Schedule.

Likewise, the authorized applicant must comply with the delivery of the information established in Article 48 of this regulation and the information for the evaluation of the Alert System that corresponds to the last period passed to the date of presentation of the application.

...

...

Article 26. For the registration in the Single Public Registry of Obligations related to Public-Private Partnerships, the authorized applicant must provide the following:

I.

Application for registration generated through the Single Public Registry system, in which they declare under oath that:

a) and b) ...

c)

The Obligation was contracted under the best market conditions in accordance with the Law and other applicable provisions;

d)

The destination of the Obligation, indicated in the investment project, must be included within the definition referred to in section XXV of Article 2 of the Law;

e)

Complies with the Public-Private Partnership Law or, with the applicable local legislation, in the case that the project is financed mainly with federal resources;

f)

...

g)

Is up to date in the payment of its Financing and Obligations, therefore it is not located in the situation established in Article 15 of the Regulation of the Alert System, and

h)

Compliance with what is provided in Article 27 of this regulation.

II.

The authorization of the Obligations by the Local Legislature in which the following is specified:

a)

The authorized amount of the project;

b) to d) ...

e)

The validity of the authorization. In the case of specific authorizations, it may not exceed the fiscal year following its approval. If no validity is established, it will be understood that the authorization can only be exercised in the fiscal year in which it was approved. Regarding authorizations provided for in state revenue laws, the validity will be for the fiscal year in which it is in force; and

f)

The authorization of the Local Legislature by the vote of two-thirds of the present members of the Local Legislature, and prior to the analysis of the destination and payment capacity of the public entity to whose charge the Obligation would be. In the case of compliance with the requirement of the authorization of two-thirds, the document issued by the Local Legislature must be attached through which the quorum and the sense of the vote are accredited;

III.

...

IV.

The legal instrument and the annexes that form an integral part of it, in which the Obligation whose Registration is requested is stated. This document must specify:

a)

The amount of productive public investment at present value;

b) to f) ...

V.

The opinion issued and signed by the head of the superior audit entity of the corresponding federal entity, in which they state that the public entity complies with the publication of the financial information of the last quarter that has passed to the date of presentation of the application, in accordance with the provisions of the General Law of Government Accounting and the norms issued by the National Council for Accounting Harmonization. The opinion must indicate, at least, the electronic links, or access routes to the Internet pages where the information whose publication was verified is available, as well as the period to which it corresponds;

VI.

The format signed by the head of the Finance Secretariat, Municipal Treasury, or its equivalent of each public entity, as applicable, in accordance with the annexes contained in the Guidelines of the Methodology for the Calculation of the Lowest Financial Cost and of the Competitive Processes of the Financing and Obligations to be contracted by federal entities, municipalities, and their public entities, issued by the Secretariat, in which it accredits that the Obligation whose registration is requested was celebrated under the best market conditions.

In the case of public bidding, the ruling act must be presented in accordance with what is established in the Law and other applicable provisions;

Repealed.

VII.

The certificate issued by the head of the state registry, where it indicates that the Obligation subject of the application is registered in it.

In the event that the Obligation requested to be registered has been modified, the authorized applicant of the public entity must also present the certificate issued by the

responsible for the state registry, where it is accredited that the modification is registered;

VIII.

Public entities that request the registration of Obligations in the Unified Public Registry and do not have current registrations, in accordance with the provisions of the last paragraph of Article 46 of the Law, must provide the information required for the evaluation in the Regulation of the Alert System.

The public entity may request prior to the application for registration in the Unified Public Registry, the evaluation referred to in the Regulation of the Alert System, in which case the information referred to in this section will not be required to carry out the procedure;

IX.

The legal instrument in which the Payment Source mechanism is recorded, or any other that complements the structure of the financial operation in which the Obligation is part. In this case, the provisions of Articles 30, 31 or 32 of this regulation must also be observed, as applicable;

X.

If applicable, a document issued by the head of the Finance Secretariat or its equivalent in the federal entity, accrediting that municipalities that do not have the State guarantee have sufficient income to meet the payment of the Obligations;

XI. and XII. ...

Likewise, the authorized applicant must comply with the delivery of the information established in Article 48 of this regulation and the information for the evaluation of the Alert System corresponding to the last period elapsed to the date of submission of the application.

...

Article 27. For registration in the Unified Public Registry, in accordance with the provisions of Article 51, sections I and XI of the Law, the authorized applicant must prove that the expenses and costs related to the contracting of Financing and Obligations, referred to in Articles 2, section XIII Bis and 22 of the Law, do not exceed 0.15% of the contracted amount of the corresponding Financing or Obligation. To this end, the authorized applicant must attach the document in which each of the concepts that make up the expenses and costs are broken down, specifying the amount and the percentage they represent.

Repealed.

Likewise, reserves that are constituted with resources from the Financing or Obligation, if not used during the term of the Financing or Obligation, the authorized applicant must declare in writing, under oath, that they will be destined for the payment of the capital of the Financing or payment of investment of the Obligation in question. Likewise, that, in the case of Refinancing, such reserves can be used to form the new reserves of the Financing.

In cases where the expenses and costs related to the contracting and the constitution of reserves are not covered with resources from the Financing or Obligation, the authorized applicant must expressly state this, through the document issued by the head of the Finance Secretariat, Municipal Treasury or its equivalent of each public entity, as applicable.

Article 28. For registration in the Unified Public Registry of short-term Obligations of federal entities and municipalities that, in accordance with the provisions of Article 30 of the Law, do not require the authorization of the local Legislature, in addition to what is stated in Article 25, with the exception of sections I, subsections c), f), i); II; III; IV, and IX, and in Article 27 of this regulation, the authorized applicant must comply with the following:

I.

Provide the legal instrument that supports the short-term Obligation, which must indicate:

a) to c)

...

d)

That the destination must be used to cover short-term needs in terms of Article 31, first paragraph of the Law;

e)

The term in days and liquidation date of the Short-Term Obligation, which must not exceed one year from the date of contracting. Likewise, such Short-Term Obligation must be fully paid before the last three months of the term of the corresponding administration's government and no new Short-Term Obligations can be contracted during said last three months, and

f)

That the Short-Term Obligation is not revolving.

II.

Attach the document signed by the head of the Finance Secretariat or Municipal Treasury or its equivalent, as applicable, in which it is stated that the total outstanding balance of the principal amount of all current short-term Obligations does not exceed 6 percent of the total Approved Revenues in its Revenue Law, excluding the Net Financing of the federal entity or municipality during the fiscal year in question.

In the event that the document indicated in the previous section states that one or several short-term Obligations are liquidated or have not been disposed of, the authorized applicant must attach the document issued by the financial institution that accredits it, which must be issued in terms of what is established in section II of Article 47 of this regulation;

III.

Declare under oath that all short-term Obligations that were celebrated prior to the Obligation to be registered have been registered by the corresponding federal entity or municipality, and

IV.

Attach the document signed by the head of the Finance Secretariat or the head of the Municipal Treasury or its equivalent, as applicable, in which the term of government of the administration requesting the registration is recorded, in accordance with the provisions of Article 30, section II of the Law.

Article 29. Short-term Obligations cannot be subject to Refinancing or Restructuring for terms greater than one year.

Article 30. For registration in the Unified Public Registry of Financing or Obligations that have federal participations as a Payment Source, in addition to what is stated in Articles 25 or 26 of this regulation, the authorized applicant of the federal entity and municipality must establish in the legal instrument in which the Financing or Obligation is recorded, the funds to be affected in accordance with Article 9 of the Fiscal Coordination Law, specifically from the General Participation Fund, the Municipal Development Fund, or the resources referred to in Article 4o.-A, section I of said legal instrument, indicating the percentage of affectation to said funds or resources and, if applicable, that it is carried out through a master trust, which contemplates a general affectation for the payment of the Financing or Obligations.

Repealed.

Regarding Financing or Obligations that have a guarantee, subsidiary or joint backing, the legal instrument must also specify the fund to be affected in accordance with Article 9 of the Fiscal Coordination Law, indicating the percentage of affectation to said fund and, if applicable, that it is carried out through a master trust, which contemplates a general affectation for the payment of the Financing or Obligations.

Article 31. For registration in the Unified Public Registry of Financing that have federal contributions as a Payment Source, in addition to what is stated in Article 25, with the exception of sections I, subsection d), and XI of this regulation, the authorized applicant must comply with the following:

I. and II. ...

In the case of Financing that have a guarantee, subsidiary or joint backing, the legal instrument must also specify, the fund and percentage to be affected by the public entity backing the Financing, in terms of the Fiscal Coordination Law.

Article 32. For registration in the Unified Public Registry of Financing or Obligations with a Payment Source of local income of the public entity, in addition to what is stated in Articles 25 or 26 of this regulation, the authorized applicant must provide a letter in which it states that the public entity has sufficient income to meet the Financing or Obligations that have said Payment Source affected. The legal instrument must specify the Local Income that will serve as the Payment Source and the percentage of affectation thereof, as well as the percentage it represents of the total of its local income.

In Financing or Obligations that have a guarantee, subsidiary or joint backing, the legal instrument must also specify the local income that will serve as the Payment Source and the percentage of affectation thereof, as well as the percentage it represents of the total of its local income of the public entity backing the Financing or Obligation.

Article 33. To register in the Unified Public Registry payment guarantees or contingent lines that back the payment of Financing or Obligations of public entities, in addition to what is stated in Articles 25, with the exception of sections I, subsections d), f), i); II, subsection c); IV, subsection b), and XI, 30 or 32 as applicable, of this regulation, the authorized applicant must indicate in the legal instrument in which it is recorded, the following:

I.

The Financing or Obligations to be guaranteed, including their registration key, and

II.

...

For the purposes of its registration, the payment guarantee or contingent line will be referred to the main Financing or Obligation being guaranteed and will not have a registration key different from that of the main Financing or Obligation. Payment Guarantees or contingent lines, as long as they are not made effective, will not be part of the balance of public debt and Obligations that must be registered in the Unified Public Registry.

Payment guarantees that share the Payment Source of the Financing or Obligation they back, the authorized applicant will not be obligated to specify in the legal instrument the resources granted as Payment Source nor the percentage of affectation thereof.

Article 39. For registration in the Unified Public Registry of financial lease contracts, in addition to what is established in Articles 25, with the exception of sections II, subsection c), numeral 2 and IV, subsection b), XII and, if applicable, 30, 31 or 32 of this regulation, the authorized applicant must provide the following:

I. and II. ...

Article 40. For registration in the Unified Public Registry of contracts of financial factoring or supply chain operations, in addition to what is stated in Article 28, with the exception of what is established in section I, subsection f), of this regulation, the authorized applicant of the federal entities or municipalities must provide the following:

I.

The legal instrument and, if applicable, any other that complements the structure of the financial operation, in which the amount of the factoring line is recorded, as well as the discount rate and the maturity date, and

II.

...

Article 41. For registration in the Unified Public Registry of derivative instruments that entail an Obligation of payment greater than one year, the authorized applicant must comply with what is stated in Articles 25, with the exception of sections I, subsections d), f), i); II, subsection c); IV, subsection b); VIII, and XI, 30 or 32 of this regulation, as applicable.

Additionally, the legal instrument in which the derivative instrument is recorded must also specify:

I.

The main Financing or Obligations that will be covered, indicating their main characteristics, including their registration key, and

II.

The amount or percentage of the Financing or Obligation that it covers.

The registration of derivative instruments will be referred to the main Financing or Obligations to be covered, so it will not have a registration key different from these. In the event of sharing the Payment Source of the Financing or Obligation they back, the authorized applicant will not be obligated to specify the resources granted as Payment Source of the derivative instrument, as well as the percentage of affectation thereof in the legal instrument.

This type of derivative instruments will not be part of the balance of public debt and Obligations.

Article 42. For registration in the Unified Public Registry of Financing or Obligations whose destination is a productive public investment in new street lighting, expansion or modification of existing installation, regardless of the means by which it is implemented, in addition to what is established in Articles 25 or 26 and, as applicable, 30, 31 or 32 of this regulation, the binding opinion issued by the National Commission for the Efficient Use of Energy must be provided, in order to guarantee the technical viability of the project through compliance with official Mexican standards and applicable safety and energy efficiency standards, as well as its economic and social profitability.

Article 45. For registration in the Unified Public Registry of restructuring of Financing or modification of Obligations related to Public-Private Partnerships that require authorization of the local Legislature, the authorized applicant must comply with the following:

I.

...

a) and b) ...

Likewise, such application must contain the main data of the Financing to be restructured or of the Obligation to be modified, as well as the modifications made to it according to the formats;

II.

...

a) and b)

...

c)

The validity of the authorization. In the case of specific authorizations, it may not exceed the fiscal year following its approval. If no validity is established, it will be understood that the authorization can only be exercised in the fiscal year in which it was approved. Regarding authorizations provided for in state Revenue Laws, the validity will be for the fiscal year in which it is in effect, and

d)

The authorization of the local Legislature by the vote of two-thirds of the present members of the Local Legislature, and prior analysis of the destination and payment capacity. In the case of compliance with the requirement of the authorization of two-thirds, the document issued by the local legislature accrediting the quorum and the sense of the vote must be attached.

...

III. and IV.

...

V.

The opinion issued and signed by the head of the superior audit entity of the corresponding federal entity, in which it states that the public entity complies with the publication of the financial information of the last quarter that has elapsed to the date of submission of the application, in accordance with the provisions of the General Government Accounting Law and the norms issued by the National Council for Accounting Harmonization. The opinion must indicate, at least, the electronic links, or access routes to the Internet pages where the information whose publication was verified is available, as well as the period to which it corresponds;

VI.

...

VII.

In the case of Financing, with what is stated in Article 25, sections I, subsection d) and XI of this Regulation. In the specific case of Mexico City, it must comply with what is stated in Articles 25, section I, subsection d) and 34, section I of this regulation, and

VIII.

...

Article 47. For the cancellation of a registration in the Unified Public Registry, the authorized applicant must inform the Secretariat, in order to proceed with its cancellation.

To carry out the cancellation in the Unified Public Registry, the authorized applicant must provide the following:

I.

Indicate in the cancellation application of the registration of the Financing or Obligation, the registration key, registration date, original contracted amount and denomination of the financial institution and, if applicable, service provider or investor provider, as applicable; and

II.

The document signed by the legal representative or legal attorney of the financial institution, service provider or investor provider, as applicable, in which it is specified that the Financing or Obligation has been liquidated or has not been disposed of, the main data that identify the operation, including its registration key.

Article 48. In order to keep the Unified Public Registry updated and comply with the information requirements of the Secretariat, in accordance with Article 4, section II, subsection a) of this regulation, each federal entity, through the authorized applicant, must deliver within the term of thirty natural days following the end of the months of March, June, September and December, the information corresponding to each Financing and Obligation of its own federal entity, its municipalities and its public entities according to the specification required by the Unified Public Registry system. Likewise, the federal entity will be responsible for collecting the relevant information both its own, as well as that of its municipalities and public entities of both levels of government, in order to remit it through the Unified Public Registry system.

...

Prior to the publication referred to in Article 49 of this regulation, the Secretariat may require federal entities to clarify the information referred to in this article.

Article 50. The Secretariat must update daily on its Internet page the Unified Public Registry with the information of current Financing and Obligations, including at least the following data: debtor or obligor, creditor, contracted amount, contracting date, interest rate, contracted term, resource granted as Payment Source, registration date and date of last modification in the Unified Public Registry. Regarding the effective rate, it will be that determined under the competitive process.

Article 51. The Secretariat must carry out the comparison of the information of the Financing and Obligations of public entities contained in the Unified Public Registry with the information of financial institutions, which must be requested through the National Banking and Securities Commission. To this end, the National Banking and Securities Commission must deliver the information to the Secretariat, within 30 natural days following the close of each quarter. In the event of detecting differences, these must be published quarterly on the Secretariat's Internet page.

TRANSITORY PROVISIONS

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

SECOND. All provisions that oppose this decree are repealed.

THIRD. Procedures initiated prior to the entry into force of this decree must be carried out in accordance with the regulations in effect at the time of their presentation until their conclusion.

FOURTH. The Secretariat of Finance and Public Credit has a term of 180 natural days counted from the entry into force of this decree, to make the necessary adjustments in the Unified Public Registry system.

FIFTH. Until the adjustments to the Unified Public Registry system are made, for the registration requirements incorporated in this decree, public entities must submit their registration application by capturing and attaching the files of the corresponding requirements in the "Documentation" section, under the "Optional Documents" section of said System.

SIXTH. The expenditures generated by the entry into force of this decree will be charged to the approved budget for the instance responsible for its application, so it will not require additional resources for such effects nor will it increase its regularizable budget for the current fiscal year or in subsequent ones.

Given at the Residence of the Federal Executive Power, in Mexico City on March 26, 2024.-

Andrés Manuel López Obrador.- Signature.- The Secretary of Finance and Public Credit, Rogelio Eduardo Ramírez de la O.- Signature.

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