Modifications and Additions to the General Provisions Governing Retirement Fund Administrators Regarding Their Promoting Agents — SHCP — MX

DOF: 05/11/2025

MODIFICATIONS AND ADDITIONS TO THE GENERAL PROVISIONS THAT RETIREMENT FUND ADMINISTRATORS MUST COMPLY WITH REGARDING THEIR PROMOTING AGENTS

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

MODIFICATIONS AND ADDITIONS TO THE GENERAL PROVISIONS THAT RETIREMENT FUND ADMINISTRATORS MUST COMPLY WITH REGARDING THEIR PROMOTING AGENTS

The President of the National Commission for the Retirement Savings System, after receiving a favorable opinion from the Advisory and Oversight Committee, based on Articles 1, 2, 5, fractions I, II, XII and XVI, 12 fractions I, VIII and XVI, 16 fraction XIII and 36, of the Law of the Retirement Savings Systems; 1, 34, 45, 60, 67 fractions II, XII and XIII, 68 fractions XI, subsection b) and XXIII, 104 and 105 of the Regulations of the Law of the Retirement Savings Systems; 1, 2, fraction III and 8 of the Internal Regulations of the National Commission for the Retirement Savings System, and

CONSIDERING

That in accordance with Articles 5, fraction I and 36 of the Law of the Retirement Savings Systems, the Commission is empowered to regulate and establish the Register of Promoting Agents and the requirements to access inscription or remain in said register, among which is the technical capacity for the adequate performance of their functions;

That, in order to strengthen certainty, reliability and rigor in evaluation processes, as well as to foster responsibility and academic integrity of persons acting as Pension Advisors or Promoting Agents, in calls for Certification, Recertification, Update Courses and Professionalization Programs, it is necessary to establish that, in case of conduct contrary to the behavioral ethics rules to which candidates must adhere, the Evaluating Institution or Educational Institution will proceed to cancel the corresponding Exam or evaluation process;

That, to promote the commitment of Administrators, their Pension Advisors, Promoting Agents and candidates to act as such, it is necessary to implement internal control measures that discourage conduct contrary to academic integrity; and that, in case of transgression, measures be applied to preserve the reliability of processes and avoid organized fraud practices, and

That, in compliance with what is established by the National Law to Eliminate Bureaucratic Procedures, these provisions were subject to Exemption from Regulatory Impact Analysis by the Simplification and Digitalization Authority, through letter number ATDT/CNTD/DGSA/1552/ 2025 dated October 28, 2025, in which compliance with Article 36 fraction VIII of the aforementioned Law is endorsed, therefore proceeding to issue the present:

MODIFICATIONS AND ADDITIONS TO THE GENERAL PROVISIONS THAT RETIREMENT FUND ADMINISTRATORS MUST COMPLY WITH REGARDING

THEIR PROMOTING AGENTS

UNIQUE. - Articles 3, fractions VI and VII and 9, first paragraph and 45, first paragraph are MODIFIED and Articles 3 with fraction VIII; 23 bis, fraction I with second and third paragraphs, and fraction III, with a second paragraph a; 23 ter, fraction II; with second and third paragraphs; 28 bis and 45 bis of the "GENERAL PROVISIONS that retirement fund administrators must comply with regarding their promoting agents", with its current modifications and additions, are ADDED, to read as follows:

" Article 3. ...

I. to V. ...

VI. That their registration is not suspended or cancelled by the Commission ;

VII. That having a valid certification with an Administrator, they are not dismissed so that a different Administrator can carry out the registration process before the Evaluating Institution to certify them,

and

VIII. That their CURP is validated in the RENAPO and that the certificate issued by said authority contains the legend "CURP certified: Verified with the Civil Registry", "Verified with the Ministry of Foreign Affairs" or "Verified with the National Institute of Migration", as appropriate. "

" Article 9. Operating Companies shall be responsible for guaranteeing the security, integrity, confidentiality, update and traceability of the information of the Promoting Agents and Pension Advisors provided to them by the Administrators.

..."

" Article 23 bis. ...

I. ...

The call must warn that upon evidence of transgressions to the behavioral ethics rules to which candidates must adhere, established by the Evaluating Institution, this will proceed to cancel the Certification or Recertification Exam of the candidates involved, which it will inform the Commission promptly with the cases duly documented providing to it, the evidence or probative elements where the transgressions are recorded.

In the same way, the call will establish that Administrators cannot nominate, during one calendar year, applicants whose exam has been cancelled in terms of what is established in the previous paragraph, said year will be counted from the date on which the cancellation occurred and will be subject to what is established in article 28 bis of these provisions.

II. ...

III. ...

Likewise, for those candidates who have a Promoting Agent Number, they must incorporate it in the pre-registration.

...

IV. ... "

" Article 23 ter. ...

I. ...

II. ...

The call must warn that upon evidence of transgressions to the behavioral ethics rules to which candidates must adhere, established by the Educational Institution, this will proceed to cancel the evaluation process of the candidates involved, which it will inform the Commission promptly with the cases duly documented, providing to it, the evidence or probative elements where the transgressions are recorded.

In the same way, the call will establish that Administrators cannot nominate, during one calendar year, applicants whose evaluation has been cancelled in terms of what is established in the previous paragraph, said year will be counted from the date on which the cancellation occurred and will be subject to what is established in article 28 bis of these provisions.

III. to V. ..."

" Article 28 bis. When in the certification or recertification processes in remote mode, transgressions to the behavioral ethics rules established by the Evaluating Institution or the Educational Institution occur, by the applicants proposed by the Administrators, resulting in the cancellation of the respective exam or evaluation, as established in articles 23 bis, fraction I second and third paragraphs and 23 ter, fraction II second and third paragraphs, the following shall apply:

Evaluations related to the certification or recertification processes for those candidates whose exam or evaluation was cancelled, may be resumed once one calendar year has elapsed counted from the date of cancellation, applying only in person for subsequent evaluation processes.

The Administrator concerned must review the control measures referred to in article 45 bis of these Provisions and inform the Commission about the adjustments it carries out to them, as well as their implementation.

The foregoing applies to processes followed before the Educational Institution or Evaluating Institution, as appropriate, in which the transgressions occurred.

The Commission will send to the Operating Companies the information of the candidates whose evaluations had been cancelled due to transgressions to the behavioral ethics rules established by the Evaluating Institution or the Educational Institution, as applicable, with the purpose that a temporary annotation of "disqualified" be incorporated for the effects provided for in articles 23 bis, fraction I second and third paragraphs; 23 ter, fraction II second and third paragraphs, and 28 bis of these provisions. "

" Article 45. Administrators will be directly responsible for the acts and activities of their Promoting Agents and their Pension Advisors.

...

..."

" Article 45 bis. Administrators will be responsible for implementing the necessary control measures to prevent persons who apply to occupy the position of Pension Advisor or Promoting Agent from transgressing the behavioral ethics rules to which they must adhere, during the certification or recertification processes in which they participate, whether through the Evaluating Institution or the Educational Institution. Such measures may consist of, integrity courses, signing of letters of responsibility and commitment, mechanisms to avoid and neutralize collusion among their candidates, internal sanctions when improper practices are promoted from within the Administrator and any others that the Administrators consider pertinent.

The measures implemented by the Administrators must remain at all times available to the Commission which, in exercise of its supervisory powers, may indicate preventive or corrective measures. The Commission as part of the exercise of said powers and to protect the interest of Workers, may order the Administrator concerned, that it must refrain from nominating candidates to the processes to obtain certification or recertification before the Evaluating Institution or the Educational Institution, until it proves to have addressed the causes that gave rise to the imposition of preventive or corrective measures.

This without prejudice to the sanctions that, if applicable, correspond in terms of article 100 of the Law. "

TRANSITORY ARTICLES

ARTICLE FIRST. These general provisions will enter into force on the next business day following their publication in the Official Gazette of the Federation, with the exception of the following:

I. Articles 28 bis, 23 bis, fraction I, second and third paragraphs and 23 ter, fraction II, second and third paragraphs, will enter into force on the first business day of January 2026.

Administrators will have 30 business days counted from the date of entry into force of these provisions, to implement the control measures referred to in article 45 bis of these modifications and additions.

ARTICLE SECOND. At the date of entry into force of these general provisions, all those provisions issued by the Commission that are contrary to this regulation are repealed.

Mexico City, October 29, 2025 .- The President of the National Commission for the Retirement Savings System,

Mtro. Julio César Cervantes Parra .- Rubric.

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