General Provisions Designating the Days in 2021 When Financial Entities Supervised by the CNBV Must Close and Suspend Operations

DOF: 10/12/2020

GENERAL PROVISIONS DESIGNATING THE DAYS IN THE YEAR 2021, 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 Coat of Arms 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 4, fractions XXII and XXXVI, and

16, fraction I of its Law; 95 and 98 BIS of the Credit Institutions Law; 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 Credit Activities;

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

Savings and Loan Cooperatives, has deemed it appropriate to issue the following:

GENERAL PROVISIONS DESIGNATING THE DAYS IN THE YEAR 2021, 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, investment fund operating companies, investment fund share distribution companies, investment fund share valuation companies, regulated multiple-object financial companies, popular financial companies, community financial companies, rural financial integration bodies, credit unions, savings and loan cooperatives, credit information companies, and financial technology institutions must close their doors, suspend operations, as well as the provision of services to the public in the Mexican Republic, on the following days of the year 2021:

I.

January 1.

II.

The first Monday of February in commemoration of February 5, that is, February 1.

III.

The third Monday of March in commemoration of March 21, that is, March 15.

IV.

April 1 and 2.

V.

May 1.

VI.

September 16.

VII.

November 2. Additionally, the third Monday of November in commemoration of November 20, that is, November 15.

VIII.

December 12 and 25.

IX.

Saturdays and Sundays.

Warehouse receipts and exchange houses may open their doors, operate, and provide services to the public on all days of the year 2021, provided they comply with these provisions.

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, are not subject to these provisions.

Article 2.- The National Banking and Securities Commission may order the financial entities referred to in Article 1 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 said Commission in accordance with the provisions of the preceding paragraph may be made by email and other communication means that allow proof of sending. For this purpose, the Commission must use the most recent information available in its database and provided to it by the financial entities.

Article 3.- The financial entities mentioned in the first paragraph of Article 1 of these provisions that intend to open their doors, operate, and provide services to the public on the days of the year 2021 referred to in fractions I to IX of said provision, may do so without the need for authorization from the National Banking and Securities Commission, provided they submit a notice indicating the cities or localities in 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 sending financial entity will open its doors with the respective justification.

The financial entities mentioned in the first paragraph of Article 1, warehouse receipts, and exchange houses that, where applicable, open their doors, operate, and provide services to the public on the days referred to in fractions I to IX of Article 1 of these provisions, will conduct operations agreed upon with their clients, with a value date of 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 the first paragraph of Article 1 of these provisions, which intend to close their doors, suspend operations, and cease providing their services to the public on days of the year 2021 additional to those referred to in fractions I to IX of said provision, may do so without the need for authorization from the National Banking and Securities Commission, provided they submit a notice indicating the cities or localities in 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.

Warehouse receipts 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 2021, 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 they submit the notice referred to in the preceding paragraph.

Justified causes for submitting the notice referred to in the first paragraph of this article are considered to exist, among others, when they refer to 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 electoral laws to carry out any electoral voting day.

Without prejudice to the foregoing, financial entities subject to these provisions must provide minimum operational mechanisms that avoid disruptions to the country's payment system. The days established in the calendar accompanying the referenced notice will be considered banking or stock market business days for operation, for all applicable legal and administrative effects.

Article 5.- The days of the 2021 calendar that financial entities determine to open or close their doors, operate and provide services to the public or cease doing so under Articles 3 and 4 above, as well as any modifications made during the course of the year 2021, must be submitted to the National Banking and Securities Commission at least 7 calendar days in advance of 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 submit with the notice referred to in Articles 3 and 4 of these provisions, when in its judgment and due to the days of the 2021 calendar indicated, the proper functioning of the country's payment system is endangered or interrupted, or, where applicable, the stability and security of the financial entity in question or the financial system as a whole.

Article 6.- Without prejudice to what is stated in Articles 3 and 4 above, financial entities subject to these provisions must keep a record of any temporary closure or change in hours of their branches for public attention or, where 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, in the case of temporary closure, change in hours, or suspension of operations of branches that occurs for any reason and implies that in one or more cities in the Mexican Republic there is no possibility of opening doors and conducting 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 the first paragraph of Article 1 of these provisions that must open or close their doors, operate or provide services to the public or cease doing 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, health emergencies, natural disasters, or due to 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 closing concludes.

Warehouse receipts 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 debit or credit card transactions 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 financial entity branches.

Article 9.- These provisions will apply independently of the regulation relative to the labor matter.

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 1, 2020. - The President of the National Banking and Securities Commission, Juan Pablo Graf Noriega.- Signature.

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