General Provisions Applicable to the Use of the Electronic Authorization System for the Organization, Operation and Functioning of Entities, as well as Other Authorizations Competing to Grant to the National Banking and Securities Commission

GENERAL PROVISIONS APPLICABLE TO THE USE OF THE ELECTRONIC AUTHORIZATION SYSTEM FOR THE ORGANIZATION, OPERATION AND FUNCTIONING OF ENTITIES, AS WELL AS THE OTHER AUTHORIZATIONS COMPETENT TO BE GRANTED BY THE NATIONAL BANKING AND SECURITIES COMMISSION

Published in the Official Gazette of the Federation on April 12, 2018, modified by Resolution published in the aforementioned Official Gazette on April 15, 2019.

The National Banking and Securities Commission, based on articles 4, fractions XXXVI and XXXVIII, and 16, fraction I of the Law of the National Banking and Securities Commission; 110 Bis 2, 110 Bis 3, and 110 Bis 11 of the Credit Institutions Law; 399, 400, and 408 of the Securities Market Law; 87 Bis 2, 87 Bis 3, and 87 Bis 11 of the Investment Funds Law; 120, 121, and 129 of the Law to Regulate the Activities of Savings and Loan Cooperative Societies; 133, 134, and 142 of the Credit Unions Law; 146, 147, and 155 of the Popular Savings and Credit Law; 134, 135, and 142 of the Law to Regulate Financial Technology Institutions, and

CONSIDERING

That it is convenient to expedite the authorization processes carried out before the National Banking and Securities Commission for the organization, operation, and functioning of those entities specified by the laws, as well as for savings and loan cooperative societies and community financial societies to continue carrying out their operations with a level other than basic, both to provide greater certainty to the respective applicants and to grant them administrative convenience, therefore a technological tool is made available to the interested public that allows the secure and truthful exchange of information, while promoting the proper integration of files;

That the increased use of information and communication technologies improves delivery capacity and the quality of public services, generates savings in the medium and long term, and promotes transparency, participation, and collaboration with citizens, and

That in this regard, for the proper implementation of the administrative convenience, the technological tool that will allow the efficient, transparent, and effective use of public resources is regulated in consonance with budgetary discipline actions in the exercise of public spending, as well as for the modernization of the Federal Public Administration favoring the use of technological means, under standards of administrative simplification, it has resolved to issue the following:

GENERAL PROVISIONS APPLICABLE TO THE USE OF THE ELECTRONIC AUTHORIZATION SYSTEM FOR THE ORGANIZATION, OPERATION AND FUNCTIONING OF ENTITIES, AS WELL AS THE OTHER AUTHORIZATIONS COMPETENT TO BE GRANTED BY THE NATIONAL BANKING AND SECURITIES COMMISSION

INDEX
CHAPTER I
Preliminary Provisions
CHAPTER II
On the sending and receiving of information and documentation TRANSITORY PROVISIONS CONSIDERATIONS REFERENCES (2) ANNEX I Application form for username and password for the use of the electronic authorization system for the organization, operation and functioning of entities.

CHAPTER I
Preliminary Provisions

(1) Article 1.- These provisions aim to establish and regulate the use and functioning of the Electronic Authorization System, through which the necessary documentation and information can be presented within the authorization processes for the organization, operation, and functioning of those entities specified by the laws, as well as for the other authorizations that, in accordance with the laws, are competent to be granted by the Commission.

Article 2.- For the purposes of these provisions, the following shall be understood, in singular or plural:

I. Commission: National Banking and Securities Commission.

II. Entity: multiple banking institutions, brokerage houses, investment fund operating societies, investment fund share distributing societies, investment fund share valuation societies, societies that manage systems to facilitate securities operations, securities rating agencies, savings and loan cooperative societies with operation levels I to IV, credit unions, popular financial societies, and community financial societies with operation levels I to IV, collective financing institutions, electronic payment fund institutions, and societies authorized by the Commission to operate with novel models.

(1) III. Guides: the guides for authorization requests that constitute a support tool for interested parties in obtaining any of the authorizations competent to be granted by the Commission, prepared by this body and available to the general public on the Internet site https://www.gob.mx/cnbv/

(1) IV. Applicant: the person who, through the Electronic System, opts to present before the Commission an authorization request competent to be granted in accordance with the laws.

Federations and the Auxiliary Supervision Committee of the Auxiliary Supervision Fund of Savings and Loan Cooperative Societies and Protection of their Savers shall be included in this definition when they present requests before the Commission regarding popular financial societies, savings and loan cooperative societies, and community financial societies in terms of the applicable laws.

(1) V. Electronic System: the electronic authorization system for the organization, operation, and functioning of entities, as well as for the other authorizations competent to be granted by the Commission in accordance with the laws.

(1) Article 3.- The Electronic System is the computer tool and communication channel available to Applicants, instrumented and administered by the Commission, through which authorization requests for the organization, operation, and functioning of new Entities; authorization for savings and loan cooperative societies and community financial societies to continue carrying out their operations with a level other than basic; the other authorizations competent to be granted by the Commission; as well as for the delivery and receipt of the information and documentation subject of such requests, can be presented and processed electronically.

(1) Authorization requests processed through the Electronic System must be presented in the form, terms, and with the documentation required by financial laws and general provisions issued by the Commission, depending on the type of Entity involved or the authorization subject of the corresponding procedure.

Article 4.- Without prejudice to what is established in these provisions, the Commission may require at any time the physical presentation of documents entered through the Electronic System, for the purposes of their comparison and review.

Article 5.- Access to the Electronic System will be through the Commission's Internet page, at the Internet site https://www.gob.mx/cnbv/

The Applicant may make inquiries through the Electronic System regarding the status of their request within the authorization process, at any of its stages.

Article 6.- Applicants who opt to present the request using the Electronic System must process a username and password before the Commission, which in addition to allowing access to the system, will give validity to the actions carried out through it, producing the same legal effects as a handwritten signature.

The username and password will be processed by presenting a written request addressed to the Commission and signed by the interested party, in terms of the form contained in Annex 1 of these provisions, to which the documents requested therein will be attached.

The written request referred to in the immediate preceding paragraph shall contain the following elements and declarations:

I. The request for a username and password to enter the Electronic System.

(1) II. The agreement to present and process authorization requests through the Electronic System, accepting its use and adherence to the instructions of the system itself.

III. The name or, if applicable, the trade name or corporate name of the interested party in obtaining the username and password to enter the Electronic System and the name of their legal representative or attorney.

IV. The express acceptance to receive notifications by electronic means, with receipt acknowledgment, through the Electronic System.

V. An email address, so that the Commission notifies the username and password.

VI. That the use of the username and password to access the Electronic System will be the exclusive responsibility of the user. This is without prejudice to other users being able to use them with their consent.

VII. Knowledge of the privacy notice, contained in the Internet site https://www.gob.mx/privacidadintegral

The username and password will be notified to the interested party at the email address indicated in fraction V above.

The Commission may require the interested party to provide additional information to review the data contained in the form, as well as the documentation delivered with it.

Article 7.- When due to force majeure, fortuitous event, or technical failures the functioning of the Electronic System is interrupted, the Commission will give the respective notice through its Internet page. In this case, legal deadlines regarding all actions that must be carried out through the Electronic System will be interrupted until the service is restored.

CHAPTER II
On the sending and receiving of information and documentation

Article 8.- The Electronic System will be available twenty-four hours a day, three hundred sixty-five days of the calendar year, so the Applicant may present their request, as well as send the necessary documents through the system any day.

Actions and submissions of information and documentation made by the Applicant on non-business days and at times other than 9:00 to 15:00 hours, in the time zone of Mexico City, shall be deemed carried out on the next business day.

The Electronic System will generate the corresponding receipt acknowledgment once the information and documentation has been uploaded completely, without prejudging its content.

Article 9.- Documents sent through the Electronic System must comply with the requirements established for such effect in the applicable laws and provisions emanating from them, and the Guides may serve as orientation for their presentation.

Documents sent through the Electronic System shall be considered authentic, unless proof to the contrary is provided.

Documents will be sent on a single occasion and their content will be the exclusive responsibility of the Applicant, so once submitted they cannot be modified or replaced, except for the case of documents sent as a result of the resolution of precautions and information requests made by the Commission.

Article 10.- Notifications that the Commission must make to the Applicant will be carried out through the Electronic System, on business days and during a schedule of 9:00 to 18:00 hours, generating the corresponding receipt acknowledgment with which the Applicant shall be deemed notified.

TRANSITORY PROVISION

SINGLE.- These provisions shall enter into force the day following their publication in the Official Gazette of the Federation.

TRANSITORY PROVISION

(Resolution that modifies the general provisions applicable to the use of the Electronic Authorization System for the organization, operation and functioning of entities, published in the Official Gazette of the Federation on April 15, 2019)

SINGLE.- This Resolution shall enter into force the day following its publication in the Official Gazette of the Federation.

CONSIDERATIONS

(Resolution published on April 15, 2019)

That in order to expedite the authorization processes carried out before the National Banking and Securities Commission for the organization, operation, and functioning of those entities specified by the laws, a technological tool was designed that allowed the secure exchange of information, while promoting the proper integration of files, whose use was regulated through the General Provisions applicable to the use of the System for the organization, operation, and functioning of entities, published in the Official Gazette of the Federation on April 12, 2018, and

That the system has been modified to allow the processing of various authorization requests competent to be granted by the National Banking and Securities Commission other than those mentioned in the previous paragraph, it has resolved to issue the following:

REFERENCES

1) Reformed by Resolution published in the Official Gazette of the Federation on April 15, 2019.

2) Substituted by Resolution published in the Official Gazette of the Federation on April 15, 2019.