General provisions indicating the days of the year 2023 on which financial entities subject to the supervision of the National Banking and Securities Commission must close their doors and suspend operations

Official Gazette of the Federation (DOF): 28/11/2022

GENERAL PROVISIONS indicating the days of the year 2023 on which financial entities subject to the supervision of the National Banking and Securities Commission must close their doors and suspend operations

In the margin a seal with the National Coat of Arms, reading: United Mexican States.- TREASURY.- Secretariat of Finance and Public Credit.- National Banking and Securities Commission.

The National Banking and Securities Commission, based on articles 3, Section IV, 4, Sections XXII and XXXVI and 16, Section I of the Law of the National Banking and Securities Commission; 95 and 98 Bis of the Credit Institutions Law; 218, 243 and 279 of the Securities Market Law; 80, second paragraph, Section VIII of the Investment Funds Law; 70 of the General Law of Credit Auxiliary Organizations and 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 Cooperative Societies, has seen fit to issue the following:

GENERAL PROVISIONS INDICATING THE DAYS OF THE YEAR 2023 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 deposit institutions, securities rating institutions, securities central counterparties, derivatives contract exchanges, derivatives instruments clearing houses and their clearing members, investment funds, investment fund operating companies, investment fund share distribution companies, investment fund share valuation companies, regulated multiple purpose financial companies, popular financial companies, community financial companies, rural financial integration organizations, credit unions, savings and loan cooperative societies, credit information companies and financial technology 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 2023:

I.

January 1.

II.

The first Monday of February in commemoration of February 5.

III.

The third Monday of March in commemoration of March 21.

IV.

April 6 and 7.

V.

May 1.

VI.

September 16.

VII.

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

VIII.

December 12 and 25.

IX.

Saturdays and Sundays.

General deposit warehouses and exchange houses may open their doors, operate and provide services to the public every day of the year 2023, provided they comply with these provisions.

The other financial entities, institutions and organizations 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 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 the aforementioned National Banking and Securities Commission in terms of the provisions in the previous paragraph may be made by email and other means of communication that allow evidence of sending. For this purpose, 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 2023 referred to in sections I to IX of the cited provision, may do so without the need for authorization from the National Banking and Securities Commission, provided they submit a notice indicating the squares or locations 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, of those mentioned in article 1 of these provisions, on which the remitting financial entity will open its doors with the respective justification.

The financial entities mentioned in article 1, first paragraph of these provisions, general deposit warehouses and exchange houses that, where applicable, open their doors, operate and provide services to the public on the days referred to in sections I to IX of the aforementioned regulatory provision, will settle the operations they agree with their clients with a value date on the next banking or stock business day, when these require their 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 stop providing their services to the public on days of the year 2023 additional to those referred to in sections I to IX of the cited regulatory provision, may do so without the need for authorization from the National Banking and Securities Commission, provided they submit a notice indicating the squares or locations 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 deposit warehouses and exchange houses that intend to close their doors, suspend operations and stop providing their services to the public any day of the year 2023, 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 submit the notice referred to in the first paragraph of this article, among others, when it comes to days that their collective contracts or general working conditions provide as non-working days according to regional uses and customs that have been established in the locality or geographical zone in question, as well as those determined by the laws on electoral matters to carry out some electoral day.

Without prejudice to the above, the financial entities subject to these provisions must provide the minimum operating 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 2023 calendar that the financial entities determine to open or close their doors, operate and provide services to the public or stop doing so under the protection of articles 3 and 4 of these provisions, as well as the modifications that, where applicable, they make during the course of the year 2023, must be submitted to the National Banking and Securities Commission with 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 the 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 2023 calendar that are indicated, the good 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 of the financial system as a whole.

Article 6.- Without prejudice to the provisions in articles 3 and 4 of these provisions, the financial entities subject to this instrument must keep a record of any temporary closure or change of hours of their branches for public attention or, where applicable, of the suspension of operations due to fortuitous case 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 of hours or suspension of operations of branches that occurs for any reason and that imply that in one or more squares 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 stop doing so, on days other than those indicated in the notice referred to in articles 3 and 4 of these provisions, due to fortuitous case or force majeure, due to health emergencies, natural disasters, or derived from governmental recommendations or determinations of a federal or local nature, must notify the National Banking and Securities Commission as soon as possible. In these cases they must also give notice of the date on which the extraordinary enablement or closure ends.

General deposit 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 for the causes provided for in the immediate previous paragraph, must notify the National Banking and Securities Commission as soon as possible.

Article 7.- Financial entities may enter into with their clientele, uninterruptedly, 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 automatic 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 be applied independently of the regulation relative to labor matters.

TRANSITORY

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

Sincerely

Mexico City, as of November 17, 2022. - President of the National Banking and Securities Commission, Dr. Jesús de la Fuente Rodríguez.- Signature.

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