Regulatory Alerts2018-09-06 | DOF 5537050Added
Modifications and Additions to the General Provisions on Advertising and Promotion of Retirement Savings Systems
The National Retirement Savings System Commission modifies Article 2 to clarify that promotions must not condition worker registration or permanence, and adds a second paragraph to Article 4 requiring promotional items to be delivered within thirty days in a single exhibition. Article 4 is also amended to prohibit the use of indicators other than those published by the Commission. Administrators must withdraw non-compliant promotions and update materials within thirty days, with digital advertisements required to be removed within twenty-four hours of the rules' entry into force.
DOF: 06/09/2018
MODIFICATIONS AND ADDITIONS TO THE GENERAL PROVISIONS ON ADVERTISING AND PROMOTION OF RETIREMENT SAVINGS SYSTEMS
At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- 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 seen fit to issue the following:
MODIFICATIONS AND ADDITIONS TO THE GENERAL PROVISIONS ON ADVERTISING AND PROMOTION OF RETIREMENT SAVINGS SYSTEMS
SINGLE.- Article 2, fraction V, and Article 19 are MODIFIED, and Article 4, fraction IV is ADDED with a second paragraph and fraction IV Bis, 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 products, goods or services to the public, free of charge or by participating in raffles, contests or similar events, with the exclusive purpose of encouraging the habit of making Voluntary Contributions on a continuous and future basis, provided that the registration, transfer, recertification, or the worker's permanence with the Administrator is not conditioned. "
" Article 4.
...
I to III. ...
IV. To give away any type of Promotional Article, goods, prizes or similar items that have the purpose of obtaining the registration, transfer or recertification of the Worker's Individual Account; Promotional Articles, goods, prizes or similar items obtained under these provisions must be delivered within a maximum period of thirty calendar days, counted from the date they are offered and in a single exhibition, and the delivery of these in installments or deferred terms is prohibited.
IV Bis. To use indicators other than those published by the Commission through any medium, which may not be modified, adapted or combined.
V to X. ..."
" Article 19. Administrators and Investment Companies may jointly conduct Promotions or contests with their Financial Groups to promote Voluntary Savings. "
TRANSITIONAL PROVISIONS
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.
ARTICLE THIRD. Administrators must withdraw from circulation or emission any Promotion and Advertising, as well as update written and electronic (radio and television) materials they have prepared that do not comply with these provisions, within a maximum period of thirty calendar days, counted from the entry into force of these general provisions.
In the case of Advertising materials in digital media (cinema, internet and social networks), these must be withdrawn from circulation or emission within a maximum period of 24 hours counted from the entry into force of these general provisions.
ARTICLE FOURTH.- As of the date of entry into force of these general provisions, subparagraphs a. and b. of fraction III of Article 149 bis B, and subparagraph g of fraction I of Annex I, both of the General Provisions on Operations of the Retirement Savings Systems, published in the Official Gazette of the Federation on December 28, 2015, modified on April 21, June 29, August 25 and October 18, 2016, as well as July 4, 2017, are repealed.
Mexico City, August 31, 2018.- The President of the National Commission of the Retirement Savings System,
Carlos Ramírez Fuentes.- Signature.
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