General Provisions Designating the Days in 2022 When Financial Entities Supervised by the CNBV Must Close and Suspend Operations

DOF: 24/12/2021

GENERAL PROVISIONS DESIGNATING THE DAYS IN THE YEAR 2022, WHEN 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, 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 2022, WHEN 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 contracts exchanges, derivatives instruments 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 fintech 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 2022:

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 14 and 15.

V.

May 1.

VI.

September 16.

VII.

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

VIII.

December 12 and 25.

IX.

Saturdays and Sundays.

General depository warehouses and exchange houses may open their doors, operate and provide

services to the public every day of the year 2022, 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 it

necessary for reasons of national security or public interest.

The notifications carried out by said Commission in accordance with the provisions of the previous

paragraph may be made by email and other means of communication that allow proof of sending.

For this purpose, the Commission 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 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 2022

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, from those

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, general depository 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 Article 1 of these provisions, will conduct the operations they agree upon with their clients, with a value date of the next banking or stock 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 2022 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.

General depository warehouses and exchange houses that intend to close their doors, suspend

operations and cease providing their services to the public any day of the year 2022, 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 previous paragraph.

It will be considered that there are justified causes to present the notice referred to in the first paragraph of

this article, among others, when it concerns days that their collective contracts or general conditions of

work foresee as non-working days in accordance with regional usages and customs that have been established in

the locality or geographic 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

the minimum operational mechanisms that avoid disruptions to the country's payment system. The days that are established in the calendar attached to the reference notice, will be considered as banking or stock business days of operation, for all applicable legal and administrative effects.

Article 5.- The days of the 2022 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 the modifications that, as applicable, they make during the course of the year 2022, must be submitted to the National Banking and Securities Commission, at least 7 natural days in advance of the date on which they intend to start 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 by reason of the days of the 2022 calendar indicated, the good

functioning of the country's payment system is put in danger or interrupted or, as applicable, the stability and

security of the financial entity in question or of 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, 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 hours or suspension of operations of branches

that occurs for any reason and implies that in one or more cities of the Mexican Republic there is no

possibility to open the doors and conduct 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 resulting from recommendations or determinations of

federal or local governmental 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.

General depository 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 immediate preceding paragraph, must notify the National Banking

and Securities Commission as soon as possible.

Article 7.- Financial entities may celebrate with their clientele, in an uninterrupted manner, 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 relative to the labor matter.

TRANSITIONAL

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

Respectfully

Mexico City, December 15, 2021. - President

of the National Banking and Securities Commission,

Dr. Jesús De la Fuente Rodríguez.- Signature.

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