2019-05-31 | DOF 5561618Added
The National Retirement Savings System Commission modifies Articles 2, 4, 7, 10, and 14, and adds a paragraph to Article 23 of the General Provisions on Advertising and Promotion of Retirement Savings Systems. The amendments clarify that promotional activities, such as offering the AforeMóvil app download or account statements, must not condition worker registration, transfer, recertification, or permanence. The changes also mandate that promotional goods be delivered within thirty days, require the mention of the Net Performance Indicator for registration or transfers, and specify that radio and social media advertisements may omit standard legends if a contact method is provided. These modifications entered into force on the next business day following their publication in the Official Gazette of the Federation on May 31, 2019.
DOF: 31/05/2019
MODIFICATIONS and Additions to the General Provisions on Advertising and Promotion of Retirement Savings Systems
A seal with the National Emblem appears at the margin, which reads: United Mexican States.- SHCP.- Ministry of Finance and Public Credit.- National Commission of the Retirement Savings System.
MODIFICATIONS AND ADDITIONS TO THE GENERAL PROVISIONS ON ADVERTISING AND PROMOTION OF RETIREMENT SAVINGS SYSTEMS
The President of the National Commission of the Retirement Savings System, with the favorable opinion of the Advisory and Oversight Committee, based on Articles 1, 2, 5, fractions I and II, 12, fractions I, VIII and XVI, 16, fraction XIII, and 53 of the Law of the Retirement Savings Systems; Articles 1, 2, fraction III, and 9 of the Internal Regulations of the National Commission of the Retirement Savings System,
has deemed it appropriate to issue the following:
MODIFICATIONS AND ADDITIONS TO THE GENERAL PROVISIONS ON ADVERTISING AND PROMOTION OF RETIREMENT SAVINGS SYSTEMS
SINGLE.- Articles 2, fraction V, 4, fraction IV second paragraph, 7 third paragraph, 10 second paragraph, and 14 are MODIFIED, and Article 23 is ADDED with a third paragraph, shifting the current third paragraph to become the fourth, of the "General Provisions on Advertising and Promotion of Retirement Savings Systems," published in the Official Gazette of the Federation on December 15, 2017, to read as follows:
" Article 2 . ...
I to IV. ...
V.
Promotion, a set of activities aimed at offering the public products, goods, or services, free of charge or by participating in raffles, contests, or similar events, with the aim of encouraging the habit of making Voluntary Contributions, downloading the AforeMóvil application, issuing the Account Statement via email, or providing them with various services related to their Individual Account, as well as updating data, provided that the registration, transfer, recertification, or the Worker's permanence with the Administrator is not conditioned. "
" Article 4. ...
I to III. ...
IV.
...
Promotional Articles, goods, prizes, or similar items obtained under these provisions must be delivered within a maximum period of thirty calendar days, counted from when they are offered, in a single display.
IV Bis to X. ... "
" Article 7. ...
...
" Important: To register or transfer to an Administrator, you must take into account the Net Performance Indicator. "
" Article 10. ...
" The information presented is an estimate made by this Administrator, it may vary in accordance with the movements recorded by financial markets, the investment policy, and the commission thereof. "
" Article 14. Each Administrator or Investment Company may elaborate content, materials, tools, and activities, using various channels, media, and formats, to inform, advise, sensitize, and disseminate Previsional Education with information that, in their judgment, is relevant to the Worker, on the following topics:
Personal administration and finances: Entrepreneurship, planning and control of income and expenses, personal and/or family budget, responsible consumption, debt control, financial foresight, definition of economic goals, saving and investment.
Retirement planning: Planning, foresight, and definition of actions that increase the replacement rate and support decision-making regarding the most favorable pension modality for the Worker.
Voluntary Saving: Promotion of Voluntary Saving as an investment mechanism that allows achieving short, medium, and long-term goals. Planning and design of the savings plan.
Investment and investment instruments: Investment processes and dynamics, resource distribution for investment, investment products and their characteristics, benefits, and implicit risks (capital gains and losses).
Procedures of the Retirement Savings System: Detailed information on the services and procedures of the Retirement Savings System offered by Administrators that allows Workers and the general public to understand, carry out, or request any of the procedures related to the Individual Account. "
" Article 23. ...
...
In the case of advertising materials for radio and social networks, the aforementioned legend may be omitted, provided that the Administrator mentions a means of contact for the Workers.
In all Advertising carried out, the source of information must be cited. That which is disseminated through the Internet must cite said source in each section where the Advertising appears. "
TRANSITORY
ARTICLE FIRST. These modifications and additions shall enter into force on the next business day following their publication in the Official Gazette of the Federation.
ARTICLE SECOND. All general provisions issued by the Commission that are contrary to this regulation are hereby repealed.
Mexico City, May 23, 2019. - The President of the National Commission of the Retirement Savings System,
Abraham E. Vela Dib.- Signature.
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