General Provisions Establishing the Commission Regime for National SAR Database Operating Companies

DOF: 03/06/2016

GENERAL PROVISIONS ESTABLISHING THE COMMISSION REGIME THAT NATIONAL SAR DATABASE OPERATING COMPANIES MUST BE SUBJECT TO

A seal with the National Emblem appears on 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 THAT NATIONAL SAR DATABASE OPERATING COMPANIES MUST BE SUBJECT TO

The Board of Directors of the National Commission for the Retirement Savings System, in its Second Ordinary Session held on April 27, 2016, pursuant to 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 pursuant to 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 in terms of Article 58 of the Law of the Retirement Savings Systems, the commissions charged serve to provide economic support to the Operating Companies, which are destined 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 28, 2015, in the Official Gazette of the Federation, adjustments were made and differentiated effective dates were established for various "Basic Services" related to Biometric Signature, 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" adjusted by the issuance of the aforementioned General Provisions consist of: (i) the formation and registration in the National SAR Database of the biometric elements that form part of an Electronic File of Workers, officials, employees, and other persons who provide any service to the Administrator, including Promoter Agents, Service Agents, and officials authorized by the Administrators to intervene in operational or audit and control processes, who in terms of applicable regulation must have an Electronic File; (ii) the identification in the National SAR Database of whether the biometric elements that form part of the Electronic Files of Workers, officials, employees, and other persons who provide any service to the Administrator, including Promoter Agents, Service Agents, and officials authorized by the Administrators to intervene in operational or audit and control processes, who in terms of applicable regulation must have an Electronic File, correspond to the same individuals and not to any biometric element already registered for another subject; (iii) the administration and safeguarding in the National SAR Database of the biometric elements associated with each Biometric Signature that forms part of the Electronic File; (iv) the consultation of the Electronic File with Biometric data, and (v) the update in the National SAR Database of the biometric elements that form part of an Electronic File;

That the aforementioned "Basic Services" are fundamental elements for the correct operation and functioning of the integration, safeguarding, and administration of the Electronic Files of Workers, officials, employees, and other persons who provide any service to the Administrator, including Promoter Agents, Service Agents, and officials authorized by the Administrators to intervene in operational or audit and control processes, who in terms of applicable regulation must have an Electronic File;

That said "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 tariffs, 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 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 28, 2015, 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 THAT NATIONAL SAR DATABASE OPERATING COMPANIES MUST BE SUBJECT TO

CHAPTER I

Object and Definitions

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

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 record 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, in which worker-employer contributions and state contributions and their returns will be deposited, contributions to housing funds will be registered, and other resources that in terms of the Law may be contributed to them 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 on digital or Electronic Media, which allow the identification of persons and the operations and procedures carried out in the Retirement Savings Systems;

IX. Biometric Signature, the signature made by a person through the impression of their biometric elements, captured and stored on Electronic Media, which attest to their will and allow corroborating their identity in the Retirement Savings Systems, through the recognition of unique biometric characteristics, either through fingerprint or voice recognition;

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

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

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

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

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

XV. 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 the workers, in order to accumulate balances, which will be applied for social welfare purposes or for obtaining 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; such 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.

Likewise, Operating Companies will charge Administrators for the administration and safeguarding in the National SAR Database of the biometric elements associated with each Biometric Signature that forms part of the Electronic File the following commissions:

I.

For the case of biometric elements of Workers, a maximum monthly commission of twenty-five centavos per Worker, and

II.

For the case of biometric elements of officials, employees, and other persons who provide any service to the Administrator, including Promoter Agents, Service Agents, or officials authorized by the Administrators to intervene in operational or audit and control processes, who in terms of applicable regulation must have an Electronic File, a maximum monthly commission of one peso with thirty-nine centavos per obligated subject.

FOURTH BIS.- Operating Companies will charge Administrators each time they form and register in the National SAR Database the biometric elements that form part of an Electronic File, whether of Workers, officials, employees, and other persons who provide any service to the Administrator, including Promoter Agents, Service Agents, and officials authorized by the Administrators to intervene in operational or audit and control processes, who in terms of applicable regulation must have an Electronic File, a maximum commission of eight pesos with ninety centavos.

Operating Companies will charge Administrators each time they update in the National SAR Database the biometric elements that form part of an Electronic File, whether of Workers, officials, employees, and other persons who provide any service to the Administrator, including Promoter Agents, Service Agents, and officials authorized by the Administrators to intervene in operational or audit and control processes, who in terms of applicable regulation must have an Electronic File, a maximum commission of six pesos with twenty-nine centavos.

Likewise, Operating Companies will charge Administrators for each action of identifying in the National SAR Database whether the biometric elements that form part of the Electronic Files of Workers, officials, employees, and other persons who provide any service to the Administrator, including Promoter Agents, Service Agents, and officials authorized by the Administrators to intervene in operational or audit and control processes, who in terms of applicable regulation must have an Electronic File, correspond to the same individuals and not to any biometric element already registered for another subject of those mentioned above, a maximum commission of twenty-six centavos.

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

SIXTH.- For the process of transfer of Individual Accounts from one Administrator to another, 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 and without prejudice to 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 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 record consultation performed by these financial entities through batch files, a maximum commission of twelve centavos.

Likewise, Operating Companies will charge Administrators, for each consultation performed on the Worker Identification File consultation service, in accordance with the general provisions issued by the Commission for such effect, a maximum commission of fifty-seven centavos.

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

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 or cellular telephony;

b.

For the sending of passwords to carry out the obtaining of certificates for registration and transfer through the short message service via SMS or to the Worker's address;

c.

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

d.

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

e.

For the electronic verifications authorized by the Commission.

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

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

ELEVENTH.- For each collection registration operation 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 these 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 those contained in the copies or images, if any, 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 promoter agent's key is invalid;

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

V. When the transfer request has been processed by a promoter agent while they are suspended;

VI. When the required data of the official identification, in accordance with the general provisions issued by the Commission for the transfer process, are incorrect, and

VII. In other cases established by the Operating Company's transactional 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 what is provided for in the fourth paragraph of Article 1 of said Federal Rights Law.

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

CHAPTER III

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 formation 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 profits from operations, 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

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

SECOND.- The General Provisions Establishing the Commission Regime that Operating Companies of the National SAR Database Must Be Subject to, published in the Official Gazette of the Federation on December 3, 2015, are repealed.

Mexico City, May 27, 2016. - The President of the National Commission for the Retirement Savings System,

Carlos Ramírez Fuentes. - Rubric.

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