General Provisions Designating Days in 2025 When Financial Entities Supervised by the CNBV Must Close and Suspend Operations

DOF: 27/12/2024

GENERAL PROVISIONS DESIGNATING THE DAYS IN THE YEAR 2025 ON WHICH FINANCIAL ENTITIES SUBJECT TO THE SUPERVISION OF THE NATIONAL BANKING AND SECURITIES COMMISSION MUST CLOSE THEIR DOORS AND SUSPEND OPERATIONS

A seal with the National Emblem appears at the margin, which reads: United Mexican States.- Treasury.- Ministry of

Treasury and Public Credit.- National Banking and Securities Commission.

The

National Banking and Securities

Commission,

based on

articles 3,

fraction IV;

4,

fractions XXII

and XXXVI and 16,

fraction I

of the Law of the

National Banking and Securities

Commission;

95

and 98

Bis of the Law of Credit Institutions;

218,

243 and 279 of the Securities Market Law;

80,

second paragraph,

fraction VIII

of the Investment Funds Law;

70

of the General Law of Organizations and Auxiliary Activities of Credit;

46

Bis and 124

Bis

3 of the Popular Savings and Credit Law;

90

of the Credit Unions Law,

and

68 of the Law to Regulate the Activities of

Cooperative Savings and Loan Societies,

has deemed it appropriate to issue the following:

GENERAL PROVISIONS

DESIGNATING THE DAYS

OF THE YEAR 2025

ON WHICH

FINANCIAL ENTITIES

SUBJECT

TO THE

SUPERVISION OF THE

NATIONAL BANKING AND

SECURITIES COMMISSION

MUST CLOSE

THEIR DOORS

AND SUSPEND

OPERATIONS

Article 1.- Credit institutions, brokerage houses, stock exchanges, securities depository institutions, securities rating agencies, central counterparties for securities, derivatives contract exchanges, derivatives instrument clearing houses and their liquidating members, investment funds, fund operating companies, fund share distribution companies, fund share valuation companies, regulated multiple-purpose financial companies, popular financial companies, community financial companies, rural financial integration bodies, credit unions, cooperative savings and loan societies, credit information companies and fintech institutions must close their doors,

as well

as suspend

operations and

the provision of

services to

the public

in the

Mexican Republic,

on the

following days of the year 2025:

I.

January 1.

II.

The first Monday in February in commemoration of February 5.

III.

The third Monday in March in commemoration of March 21.

IV.

April 17 and 18.

V.

May 1.

VI.

September 16.

VII.

November 2 and the third Monday of said month in commemoration of November 20.

VIII.

December 12 and 25.

IX.

Saturdays and Sundays.

General warehouses and exchange houses may open their doors, operate and provide services to the public on all days of the year 2025, provided that they comply with these provisions.

The other financial entities, institutions and bodies subject to the supervision of the National Banking and Securities Commission not included in the first and second paragraphs of this article will not be subject to these provisions.

Article 2.- The National Banking and Securities Commission may order the financial entities referred to in Article 1, first paragraph of these provisions, to close their doors and suspend operations within the Mexican Republic on days other than those indicated in said article, when it deems necessary for reasons of national security or public interest.

The notifications carried out by the aforementioned National Banking and Securities Commission in accordance with the provisions of the previous paragraph may be made by electronic mail and other communication means that allow proof of sending.

To this end, the Commission itself must use the most recent information available in its database and that has been provided by the financial entities.

Article 3.- The financial entities mentioned in Article 1, first paragraph of these provisions that intend to open their doors, operate and provide services to the public on the days of the year 2025 referred to in fractions I to IX of the cited provision, may do so without the need for authorization from the National Banking and Securities Commission, provided that they submit a notice in which they indicate the plazas or localities of the country that will have open facilities and the type of operations they intend to carry out.

Such notice must be accompanied by a calendar indicating those days of the year, mentioned in Article 1 of these provisions, on which the originating financial entity will open its doors with the respective justification.

The financial entities mentioned in Article 1, first paragraph of these provisions, general warehouses and exchange houses that, as applicable, open their doors, operate and provide services to the public on the days referred to in fractions I to IX of the cited regulatory provision, will arrange the operations they agree upon with their clients with a value date on the next banking or stock market business day, when these require settlement through the country's payment system.

Article 4.- The financial entities mentioned in Article 1, first paragraph of these provisions that intend to close their doors, suspend operations and cease providing their services to the public on days of the year 2025 additional to those referred to in fractions I to IX of the cited regulatory provision, may do so without the need for authorization from the National Banking and Securities Commission, provided that they submit a notice in which they indicate the plazas or localities of the country where the facilities will remain closed.

Such notice must be accompanied by a calendar with the days of the year on which they will close their doors with the respective justification.

General warehouses and exchange houses that intend to close their doors, suspend operations and cease providing their services to the public on any day of the year 2025, including those provided for in Article 1 of these provisions, may do so without the need for authorization from the National Banking and Securities Commission provided that they submit the notice referred to in the previous paragraph.

Justified causes for submitting the notice referred to in the first paragraph of this article will be considered to exist, among others, when it concerns days that their collective contracts or general working conditions provide as non-working days in accordance with regional usages and customs that have been established in the locality or geographical zone in question, as well as those determined by laws in electoral matters to carry out any electoral voting day.

Without prejudice to the foregoing, financial entities subject to these provisions must provide for minimum operating mechanisms that avoid disruptions to the country's payment system.

The days established in the calendar attached to the aforementioned notice will be considered banking or stock market business days for operation, for all applicable legal and administrative purposes.

Article 5.- The days of the 2025 calendar that financial entities determine to open or close their doors, operate and provide services to the public or cease to do so under Articles 3 and 4 of these provisions, as well as the modifications that, as applicable, they make during the course of the year 2025, must be submitted to the National Banking and Securities Commission with at least 7 calendar days' advance notice to the date on which they intend to begin their application.

The National Banking and Securities Commission may, at any time, veto or order corrections to the calendar of days that entities present with the notice referred to in Articles 3 and 4 of these provisions, when in its judgment and due to the days of the 2025 calendar that are indicated, the proper functioning of the country's payment system or, as applicable, the stability and security of the financial entity in question or of the financial system as a whole, is endangered or interrupted.

Article 6.- Without prejudice to what is stated in Articles 3 and 4 of these provisions, financial entities subject to this instrument must keep a record of any temporary closure or change in schedule of their branches for public service or, as applicable, suspension of operations due to fortuitous event or force majeure in which they record the date and the cause that originated it, keeping said record available to the National Banking and Securities Commission.

Likewise, regarding the temporary closure, change in schedule or suspension of operations of branches that occurs for any reason and implies that in one or more plazas of the Mexican Republic it is not possible to open the doors and carry out operations with the public, thereby affecting the country's payment system, immediate notice must be given to the National Banking and Securities Commission informing the measures adopted to ensure continuity of service to its clientele.

The financial entities indicated in Article 1, first paragraph of these provisions that must open or close their doors, operate or provide services to the public or cease to do so, on days other than those indicated in the notice referred to in Articles 3 and 4 of these provisions, due to fortuitous event or force majeure, due to health emergencies, natural disasters, or resulting from recommendations or determinations of federal or local government order, must notify the National Banking and Securities Commission as soon as possible.

In these cases, they must also notify the date on which the extraordinary opening or closure concludes.

General warehouses and exchange houses that have given the notice referred to in Article 4 of these provisions and that must close their doors on days other than those indicated in said notice due to the causes provided for in the immediately preceding paragraph, must notify the National Banking and Securities Commission as soon as possible.

Article 7.- Financial entities may continuously conclude with their clientele those operations and services that, due to their characteristics, terms and conditions, cannot be suspended, such as transactions with debit or credit cards and the operation of automated teller machines, among others.

Article 8.- These provisions will not be applicable in matters of installation, relocation or closure of branches of financial entities.

Article 9.- These provisions will apply independently of the regulation regarding labor matters.

TRANSITORY

SOLE TRANSITORY PROVISION.- These provisions will enter into force the day following their publication in the Official Gazette of the Federation.

Respectfully

Mexico City, December 20, 2024.- President of the National Banking and Securities Commission,

Dr. Jesús de la Fuente Rodríguez.- Signature.

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