GENERAL PROVISIONS ESTABLISHING THE COMMISSION REGIME FOR NATIONAL SAR DATABASE OPERATING COMPANIES

There is a seal with the National Coat of Arms at the margin, which reads: United Mexican States.- Ministry of Finance and Public Credit.- National Commission for the Retirement Savings System.

GENERAL PROVISIONS ESTABLISHING THE COMMISSION REGIME FOR NATIONAL SAR DATABASE OPERATING COMPANIES

The Board of Directors of the National Commission for the Retirement Savings System, in its Fourth Ordinary Session held on August 27, 2015, based on the provisions of Articles 1, 2, 5, fraction II, 8, fraction V, 12, fraction XIII, 57, 58, and 59 of the Law of the Retirement Savings Systems; 67, 68, and 69 of the Regulations of the Law of the Retirement Savings Systems, and

CONSIDERING

That, based on Articles 5, fraction II, and 8, fraction V of the Law of the Retirement Savings Systems, this Commission has the authority to determine the commissions that Operating Companies may charge for the services they provide, which must be established in general provisions;

That, in accordance with the Concession Title granted by the Ministry of Finance and Public Credit to the Operating Companies of the National SAR Database and under Article 58 of the Law of the Retirement Savings Systems, the commissions charged serve to provide economic support to the Operating Companies, which are used to cover the operational costs of the various processes carried out by the Operating Companies, as well as the continuous improvement of the services they provide;

That, as a result of the issuance of the General Provisions on operations of the retirement savings systems published on December 29, 2014, in the Official Gazette of the Federation, various "Basic Services" were created, understood as part of the functions referred to in Article 58 of the Law of the Retirement Savings Systems and the aforementioned Concession Title;

That the "Basic Services" created by the issuance of the aforementioned General Provisions consist of: (i) the administration of the Electronic File containing individual, ordered, and detailed information of Workers, Promoting Agents, Service Agents, and other officials who must have it in accordance with applicable regulation, and (ii) the receipt of requests for registration or transfer certificates, as well as the sending of the password, in accordance with the aforementioned General Provisions, which is necessary to obtain a certificate for registration or transfer;

That the "Basic Service" consisting of the administration of the Electronic File constitutes a useful tool for the better operation of the National SAR Database and the processes related to the individual account, which is unique, avoids duplicities and allows for their detection, can be consulted by the Worker, and the Administrator reduces risks and operational costs by substituting the use of paper;

That the "Basic Services" consisting of the receipt of requests for registration and transfer certificates, as well as the sending of passwords to Workers, allow for a higher degree of security regarding the verification of the Worker's will, as it constitutes a control that ensures the validity of the registration and transfer processes;

That the aforementioned "Basic Services" were not regulated under a commission regime, therefore, in accordance with the aforementioned Concession Title, the commissions charged by the Operating Companies are subject to periodic review, so that as a result of the adjustments made, it is allowed for the Operating Companies to cover the operational costs of the various processes they carry out;

That the "Basic Services" included in this instrument are maximum rates, cover the Operating Company's costs, cover operational costs without being substantial, and allow the Operating Companies to continuously improve the services they provide;

That through this normative instrument, the commissions charged by the Operating Companies of the National SAR Database are realigned, without representing a substantial increase in the costs of the Retirement Fund Administrators, so that the commissions provided for in these general provisions do not impact the Workers, and

That in order for the Operating Companies of the National SAR Database to be able to operate the new operational processes established by the General Provisions on operations of the retirement savings systems, published on December 29, 2014, in the Official Gazette of the Federation, for the benefit of the Workers and the Retirement Savings System, this Commission deems it necessary to create a new commission regime that allows the Operating Companies to achieve this goal;

In view of the foregoing, this Commission has seen fit to issue the following:

GENERAL PROVISIONS ESTABLISHING THE COMMISSION REGIME FOR NATIONAL SAR DATABASE OPERATING COMPANIES

CHAPTER I

Object and Definitions

FIRST. These provisions aim to establish the commission regime to which the Operating Companies of the National SAR Database must be subject.

SECOND. For the purposes of these provisions, the following shall be understood:

I. Administrators, the Retirement Fund Administrators, as well as public institutions that perform similar functions;

II. Receiving Administrator, the Administrator that assumes the administration of the individual account subject to a transfer;

III. Voluntary Contributions, the amounts paid by workers through their employers, as well as the additional amounts contributed by employers, in accordance with Article 79 of the Law and received through collection systems in which the Operating Companies participate;

IV. National SAR Database, that formed by information from the retirement savings systems, containing the individual information of each worker and the registration of the Administrator or credit institution to which each of them is affiliated;

V. Commission, the National Commission for the Retirement Savings System;

VI. Individual Account, that of which a worker is the holder, into which worker-employer contributions and state contributions and their returns will be deposited, contributions to housing funds will be registered, and other resources that may be contributed to them in accordance with the Law will be deposited, in accordance with Article 3, fraction III bis of the Law, and which is active or inactive as it receives or has ceased to receive contributions and payments;

VII. Operating Companies, the Operating Companies of the National SAR Database;

VIII. Electronic File, the set of documents, data, and individual information, ordered and detailed, stored in digital media or Electronic Media, which allow the identification of persons and the operations and procedures carried out in the Retirement Savings Systems;

IX. Law, the Law of the Retirement Savings Systems;

X. Social Security Number, the social security number used by the Mexican Institute of Social Security to identify workers affiliated with it;

XI. RCV-IMSS, the retirement, old-age, and disability insurance contributions and payments provided for in the Social Security Law;

XII. RCV-ISSSTE, the retirement, old-age, and disability insurance contributions and payments provided for in the Law of the Institute of Social Security and Social Services for State Workers;

XIII. SIRI, the information reception system administered by the Operating Companies for the Institute of Social Security and Social Services for State Workers, and

XIV. Retirement Savings Systems, those regulated by social security laws that provide that the contributions of workers, employers, and the State are managed through individual accounts owned by workers, in order to accumulate balances, which will be applied for social welfare purposes or for the obtaining of pensions or as a complement to them.

CHAPTER II

On Commissions

THIRD. Operating Companies will charge Administrators a maximum monthly commission of twenty-five centavos per Individual Account they administer; said commission must be paid no later than 3 business days after the last day of each calendar month based on the number of accounts operated by the Administrator on that last date.

FOURTH. Operating Companies will charge Administrators a maximum monthly commission of twenty-five centavos for the administration of each Electronic File.

FIFTH. Operating Companies will charge Administrators a maximum commission of 0.14% on the amount of the dispersion of RCV-IMSS, RCV-ISSSTE, and Voluntary Contributions that the Operating Companies disperse.

SIXTH. For the process of transfer of Individual Accounts from one Administrator to another through a promoting agent or by electronic means, in accordance with the general provisions issued by the Commission for such effect, Operating Companies will charge for certification in the National SAR Database for registered or assigned workers, regardless of whether the transfer is accepted or rejected, a maximum commission of nine pesos with twenty-seven centavos per Individual Account.

SEVENTH. Operating Companies will charge Administrators, for each Social Security Number consulted and located in the National SAR Database through the telephone call center corresponding to an Individual Account by the corresponding Administrator, a maximum commission of ninety-two centavos.

EIGHTH. Operating Companies will charge Administrators, for each registration query performed by these financial entities through batch files, a maximum commission of twelve centavos.

NINTH. Operating Companies will charge Receiving Administrators a maximum commission of thirty-eight centavos for each request for a registration or transfer certificate received.

TENTH. Operating Companies will charge Receiving Administrators commissions equivalent to the cost of the service performed in the following situations:

a. For the request for the statement of account folio made by workers through the short message service (SMS), cellular telephony, mobile computer applications, or electronic media authorized by the Commission;

b. For the sending of passwords to carry out the obtaining of registration and transfer certificates through the short message service (SMS), cellular telephony, mobile computer applications, or electronic media authorized by the Commission;

c. For information on withdrawal or transfer processes provided to workers through the telephone call center;

d. For the review of images sent by Administrators that complement the certification processes, and

e. For electronic verifications authorized by the Commission.

To determine the amount of the commissions mentioned in the preceding paragraph, Operating Companies must use the rate of the service they have contracted.

The board of directors of the Operating Companies must review the conditions and rates contracted for each service annually.

ELEVENTH. For each registration operation of collection in the SIRI of RCV-ISSSTE resources in each Individual Account, Operating Companies will charge Administrators a maximum commission of one peso with fifteen centavos.

TWELFTH. Operating Companies will charge Administrators a maximum commission of twenty pesos for each rejection of transfer requests attributable to said financial entities.

For the purposes of the above, a rejection shall be considered attributable to an Administrator:

I. When the data recorded in the transfer request are incorrect or notably different from the contents of the copies of the workers' documents in the corresponding file;

II. When the worker's name is different from that in the National SAR Database or is provided incomplete;

III. When the promoting agent's key is invalid;

IV. When the signature or fingerprint of the promoting agent on the transfer request is notably different from that registered in the promoting agents database integrated in accordance with the general provisions issued by this Commission;

V. When the transfer request was processed by a promoting agent while they are suspended;

VI. When the required data, in accordance with the rules regarding the transfer of individual accounts, on the voter credential issued by the Federal Electoral Institute are incorrect, and

VII. In other cases established by the transactional transfer procedures manual.

THIRTEENTH. Operating Companies will charge each of the Administrators a fixed commission equal to the amount that said Operating Companies are obligated to pay for inspection and surveillance rights provided for in fraction III of Article 31-B of the Federal Rights Law.

This amount will be updated, if applicable, in accordance with the fourth paragraph of Article 1 of said Federal Rights Law.

Administrators must cover fifty percent of the commission referred to in the preceding paragraph no later than the last business day of December of the year prior to the one in question, and the remaining fifty percent no later than June 30 of the year in question.

CHAPTER IV

Common Provisions

FOURTEENTH. The commissions established in these general provisions constitute the maximum amounts that Operating Companies must charge Administrators for the described services.

FIFTEENTH. Operating Companies must carry out the following studies regarding the income they obtain derived from the commissions established in these general provisions:

I. A comparative study of the structure and composition of expenses and income of the Operating Company in question against other companies that serve as a reference and perform similar functions;

II. A monthly study of expense indicators that allows evaluating and monitoring the levels and destination of expenses, and

III. If applicable, a study of the origins of cash accumulation and other availabilities resulting from operational profits, not susceptible to being distributed among the shareholders of the Operating Company. This study must include a program that determines the amount of cash and other availabilities necessary to constitute a liquid reserve that ensures sound and continuous operation; likewise, in case of maintaining an excess with respect to the determined reserve amount, it must propose for approval by the board of directors, the amounts, destinations, and terms in which said excess must be invested.

This study must include actions aimed at preventing the continued accumulation of cash and other availabilities resulting from operational profits not susceptible to being distributed among the shareholders of the Operating Company.

The studies established in fractions I and III above must be presented to the board of directors of the Operating Companies at least once a year so that, if applicable, they propose and approve decreases in the commission amounts to be charged, always below the maximum levels established in these general provisions.

SIXTEENTH. Operating Companies must carry out periodic reviews of the commissions referred to in these general provisions and must present to their board of directors and to the Commission the justification of the commissions effectively applied.

SEVENTEENTH. Operating Companies must keep the studies mentioned in the preceding fifteenth provision available to the Commission for a period of five years counted from the date they are submitted to the consideration of their board of directors.

EIGHTEENTH. Operating Companies are prohibited from charging Administrators more commissions than those established in these general provisions.

NINETEENTH. The commissions charged by Operating Companies in accordance with these general provisions are designated solely to cover the costs of said Operating Companies for their ordinary participation in the Retirement Savings Systems.

TRANSITORY PROVISIONS

FIRST. These general provisions will enter into force the business day following their publication in the Official Gazette of the Federation.

SECOND. Circular CONSAR 14-15, General Rules Establishing the Commission Regime for National SAR Database Operating Companies, modified and added by CONSAR 14-16 and CONSAR 14-17 published in the Official Gazette of the Federation on August 21, 2008, July 22, 2011, and March 21, 2012, respectively, is hereby repealed.

Mexico, D.F., November 26, 2015. - The President of the National Commission for the Retirement Savings System,

Carlos Ramírez Fuentes. - Rubric.

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