2020-03-03 | DOF 5588145Added
The National Retirement Savings System Commission modifies the Liquidity Coefficient methodology to support long-term pension growth and reduces tactical operations with derivatives. It establishes a maximum annual tracking error limit of 5% for Investment Societies and clarifies the calculation methodology for this limit. The amendments impose obligations on Investment Societies and Administrators to notify breaches, propose portfolio reconstruction programs, and cover daily shortfalls resulting from non-compliance with liquidity, tracking error, and risk limits.
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DOF: 03/03/2020
MODIFICATIONS and additions to the General Provisions on Financial Matters of the Retirement Savings Systems
At the margin, a seal with the National Coat of Arms, which says: United Mexican States.- TREASURY.- Ministry of
Finance and Public Credit.- National Commission of the Retirement Savings System.
MODIFICATIONS AND ADDITIONS TO THE GENERAL PROVISIONS ON FINANCIAL MATTERS
OF
THE RETIREMENT SAVINGS SYSTEMS
The President of the National Commission of the Retirement Savings System, based on the
articles 1st., 2nd., 5th. fractions I, II, III, VI, VI bis, VII, XIII bis, and XVI; 12 fractions I, VI, VIII and XVI; 18, 25, 29,
30, 36, 39, 42, 42 bis, 43, 44, 44 bis, 45, 46, 47, 47 bis, 48, 64, 64 bis, 67, 68, 69, 70, 89, 90 fractions II, IV,
V, VI, VII, IX, XII and XIII, 100 bis, 100 ter and 100 quáter of the Law of the Retirement Savings Systems; 106
of the Law of the Institute of Security and Social Services for State Workers; 1st., 2nd., 14, 17, 18,
19, 20, 21, 22, 23, 24, 25, 33 subsection A fraction VIII and subsection B, 139, 140, 141, 154 and 155 of the Regulation of the
Law of the Retirement Savings Systems and 1, 2 fraction III, and 8 first paragraph of the Internal Regulation of
the
National Commission of the Retirement Savings System, and
CONSIDERING
That on September 18, 2019, the
Official Gazette of the Federation published the
General Provisions on Financial Matters of the Retirement Savings Systems, with the object
of making conceptual clarifications, and clarifying the corresponding regulatory burdens,
seeking to reduce the risk to which the portfolios are exposed in events of extreme volatility;
That in order to safeguard the interests of the Workers and the commercial viability of the
regulated entities themselves, it is necessary to modify the Liquidity Coefficient methodology, with the objective of making
the pension grow through a long-term strategy, decreasing the tactical operation of the Administrators with derivatives,
especially with options of some portfolios;
That it is necessary to make clarifications to the already established methodology, specifically to what
corresponds to the annual limit of the tracking error, to provide greater legal certainty to the regulated
entities regarding the scope and objects of the regulations, thus facilitating
the attention and follow-up of the same.
That the risk measure for Generational Funds is precisely the Tracking Error, since
this indicates how they adhere to the planned risk/return level, having to have a liquidity budget
in accordance with the expected outflows, and
That to comply with what is established in article 78 of the General Law of Regulatory Improvement, as well
as to article Fifth of the " Agreement that establishes the guidelines that must be observed by the
dependencies and decentralized bodies of the Federal Public Administration,
regarding the issuance of general administrative acts to which article 69-H of the Federal Law
of Administrative Procedure applies ", the simplification carried out in articles 27, 180
fractions II subsections a, b, c and d, III, subsection c, fourth paragraph, IV subsection b, IV, subsection c, VIII, of the Modifications and
Additions to the General Provisions on Financial Matters of the Retirement Savings Systems
published in the Official Gazette of the Federation on September 13, 2019, identified with the folio
47645 and the file 05/0060/030719 of the National Commission for Regulatory Improvement , as well as Annex U
of these modifications and additions, in terms of the Regulatory Quality Annex corresponding,
has deemed it appropriate to issue the following:
MODIFICATIONS AND ADDITIONS TO THE GENERAL PROVISIONS ON FINANCIAL MATTERS
OF THE RETIREMENT SAVINGS SYSTEMS
FIRST.- The
articles 2, fractions VIII and XVIII, 3, fraction XI,
11,
fraction XVIII, 14,
fraction XII, 141 ninth paragraph in force, 142, fraction IX, 165, 166, 167, fractions I, II and III, 169, paragraphs
first and fifth, 172, first paragraph, 173 paragraphs first, third and fourth, fractions I, II; Third
Transitory, and Annexes N, P and S fraction II, numeral 1, subsection c); are ADDED articles 141 with an
eighth paragraph, moving the current eighth and ninth paragraphs to become ninth and tenth,
article 173 sixth paragraph, and Annex W; as well as are REPEALED subsection a) of Annex U, all of the
" General Provisions on Financial Matters of the Retirement Savings Systems "
published in the Official Gazette of the Federation on September 18, 2019, to remain in the following
terms:
" Article 2.-...
I. to VII. ...
VIII.
Liquidity Coefficient, the minimum liquidity parameter corresponding to the value of the
Provision for exposure in Derivative Instruments (PID) with respect to the Assets for
Financing the operation with Derivatives (AFD) , provided for in these Provisions to
mitigate the liquidity requirements caused by positions in Derivatives. Annex N
contains the methodology and the definitions of the variables used for the calculation of the
Liquidity Coefficient;
IX. to XVII. ...
XVIII.
...
The definition of the Investment Strategy must be consistent with the definition of the
Investment Trajectory and must contemplate the maximum annual limit of 5% established for the
Tracking Error in the General Provisions that establish the investment regime to which
Investment Societies must be subject;
XIX. to LVI. ... "
" Article 3.-...
I. to X. ...
XI.
Early Warnings for the Liquidity Coefficient and the Provision for exposure in
Derivative Instruments (PID), as well as other minimum liquidity parameters by positions in
Derivatives. Likewise, Early Warnings for the Tracking Error;
XII. to XXIV. ...
...
...
... "
" Article 11.-...
I. to XVII . ...
XVIII.
The daily level of the Liquidity Coefficient
and the Provision for exposure in
Derivative Instruments (PID)
and, if applicable, those minimum liquidity parameters by positions in
Derivatives applicable to the investment portfolio of the Asset Managed by the Investment
Society, defined by the Financial Risk Committee, as well as the Early Warnings at
different levels defined by the Financial Risk Committee. Additionally, this report
must be reported daily to the Head of the Investments Area;
XIX. to XXV. ... "
" Article 14.-...
I. to XI . ...
XII.
Calculate the Early Warnings at different levels for the Liquidity Coefficient and the Provision
for exposure in Derivative Instruments (PID) , as well as other minimum liquidity
parameters by positions in Derivatives defined by the Financial Risk Committee;
XIII. to XVIII. ...
...
...
... "
" Article 141. ...
...
...
...
...
...
...
...
For the purposes of calculating the limit applicable to the Total Asset of the Investment Society regarding
the maximum limit of the Tracking Error of 5% annual established in the General Provisions
that establish the investment regime to which Investment Societies must be subject,
they will be subject to the calculation methodology approved by the Risk Analysis Committee, through
which the daily Tracking Error is obtained, which is annualized through the following
formula:
...
For the purposes of calculating the limits applicable to the Total Asset of the Investment Society regarding
the Liquidity Coefficient and the Provision for exposure in Derivative Instruments (PID) , it will be subject to
the criteria defined in Annex N of these Provisions. "
" Article 142.- ...
...
I to VIII ...
IX.
When the Liquidity Coefficient and the Provision for exposure in Derivative Instruments
(PID) of the Total Asset of the Investment Society, exceeds the maximum provided in Annex N of
these provisions;
X to XI ..."
" Article 165.- Investment Societies that exceed the limit of the Conditional Value at Risk Differential, the Liquidity Coefficient and the Provision for exposure in Derivative Instruments (PID) , the
Tracking Error, or in its case the Value at Risk provided for in the Authorized Investment Regime and in
these Provisions , contravening the respective Provisions, must reconstruct their
portfolio in accordance with what is provided in this Section . "
" Article 166.- The Head of the Risk Area must notify in writing to the Commission and to
the Financial Risk and Investment Committees, when the Conditional Value at Risk Differential, the
Liquidity Coefficient, the Provision for exposure in Derivative Instruments (PID) , the Tracking
Error or in its case the Value at Risk of the Investment Society exceeds the maximum provided in the
Authorized Investment Regime and in these Provisions , on the next business day after the one in which
said limit has been exceeded. "
" Article 167.- The Financial Risk Committee must propose to the Investment Committee, a program
of portfolio reconstruction in which various strategies are recommended that allow restoring the limit
of the Conditional Value at Risk Differential, the Liquidity Coefficient and the Provision for exposure in
Derivative Instruments (PID) , the Tracking Error or in its case the Value at Risk of the Investment
Society, in accordance with what is provided in the General Provisions that establish the investment regime
to which Investment Societies must be subject and what is provided in these
Provisions .
For the purposes of the foregoing, the Financial Risk Committee must analyze the following information:
I.
If the limit of the Conditional Value at Risk Differential, of the Liquidity Coefficient, of the
Provision for exposure in Derivative Instruments (PID), the Tracking Error or in its
case the Value at Risk was exceeded due to volatility events, or by the Investment
Strategy;
II.
The worst scenarios corresponding to the confidence level of the Conditional Value at Risk
Differential, of the Value at Risk, of the Tracking Error , of the day on which the excess
in the limit of the Conditional Value at Risk Differential occurred,
of the Value at Risk or of the Tracking Error, and
III.
The Conditional Value at Risk Differential or in its case the individual Value at Risk of the
Investment Assets of the investment portfolio and its marginal contribution to it, as well
as the Contribution to the Tracking Error. "
" Article 169.- In case of extreme volatility events in the markets, where to protect the interests of the
Workers it is convenient to maintain the Investment Strategy determined by the Investment
Committee, Investment Societies may present to the Commission a special portfolio reconstruction program, to the effect of being able to have excesses in the limit of the Conditional Value at Risk Differential,
of the Liquidity Coefficient, of the Provision for exposure in Derivative Instruments (PID), the Tracking Error or in its case the Value at Risk.
...
...
...
The excess in the limit of the Conditional Value at Risk Differential, of the Liquidity Coefficient, of the
Provision for exposure in Derivative Instruments (PID) , of the Tracking Error or in its case the
Value at Risk occurred under a special portfolio reconstruction program authorized and
in force, will not count for the affectation of the special reserve referred to in the last paragraph of
article
44 of the Law. "
" Article 172.- When the Investment Society in question fails to comply with the limits provided in the
Authorized Investment Regime and in these Provisions , by exceeding the limit of the Conditional Value at
Risk Differential, of the Liquidity Coefficient, of the Provision for exposure in Derivative
Instruments (PID) , of the Tracking Error or in its case the Value at Risk and the notification is not presented
as referred to in article 166 above within the time limit provided for such effect, the Administrator that operates it
will cover the daily shortfalls that have occurred between the day of non-compliance and the day on which the notification is presented
...
... "
" Article 173.- In case an Investment Society fails to comply with the limits provided in the Regime
of Authorized Investment and in these provisions by exceeding the limit of the Conditional Value at
Risk Differential, of the Liquidity
Coefficient, of the Provision for exposure in Derivative
Instruments (PID) , of the Tracking Error or in its case the Value at Risk for reasons attributable to it, the daily shortfalls that occur must be covered until it presents the
corresponding portfolio reconstruction program. In this case, the Investment Society will not enjoy
any time limit for the presentation of said program.
...
It will be understood that an Investment Society fails to comply with the limit of the Conditional Value at
Risk Differential, of the Liquidity Coefficient, of the Provision for exposure in Derivative Instruments (PID) ,
of the Tracking Error
or in its case the Value at Risk for reasons attributable to it, when by
using the investment portfolio that constitutes the Investment Society on the day of the first violation and the
scenarios that were used to calculate the Conditional Value at Risk Differential, the Liquidity Coefficient,
the Provision for exposure in Derivative Instruments (PID) , the Tracking Error or in its
case the Value at Risk of the previous business day, the cited limit of the Conditional Value at Risk
Differential, of the Liquidity Coefficient, of the Provision for exposure in Derivative Instruments (PID) ,
of the Tracking Error or in its case the Value at Risk is exceeded.
In the case of repeated and consecutive violations, it will be assumed that an Investment
Society fails to comply with the limit of Conditional Value at Risk Differential, of Liquidity Coefficient,
of the
Provision for exposure in Derivative Instruments (PID) , of the Tracking Error or in its
case of
Value at Risk for reasons attributable to it on a specific day when the following
conditions occur:
I.
A violation of the limit of the Conditional Value at Risk Differential, of the Liquidity
Coefficient, of the Provision for exposure in Derivative Instruments (PID) ,
of the Tracking
Error or in its case the Value at Risk occurred on the previous day, and
II.
By using the investment portfolio that constitutes the Investment Society on the specific day of the
violation and the scenarios that were used to calculate the Conditional Value at Risk
Differential, the Liquidity Coefficient, the Provision for exposure in Derivative
Instruments (PID) , the Tracking Error or in its case the Value at Risk of the previous business day,
the limit of the Conditional Value at Risk Differential, the Liquidity Coefficient, of
the Provision for exposure in Derivative Instruments (PID) , of the Tracking Error
or in
its case the observed Value at Risk on the previous business day is exceeded.
...
The calculation of the shortfall to be reimbursed by the Administrator for non-compliance with the limits
established for the liquidity coefficient and the Provision for exposure in Derivative Instruments
(PID) will be carried out in consideration with what is established in Annex W of these provisions "
" TRANSITORIES
...
ARTICLE THIRD. Administrators must prove compliance with what is provided in
Title II, Chapter II, article 14 and Title III, Chapter IV of these Provisions for purposes
of compliance with what is provided regarding the special reserves of Investment Societies in the
Second Transitory provision fraction II of the General Provisions that establish the
asset regime to which administrators of retirement funds will be subject, the PENSIONISSSTE
and the specialized investment societies for retirement funds and the special reserve published in the
Official Gazette of the Federation on October 22, 2019 .
..."
" ANNEX N
Methodology for calculating the Liquidity Coefficient
Investment Societies must comply daily with the following level of Liquidity Coefficient
(CL)
and Provision for exposure in Derivative Instruments (PID):
The Financial Risk Committee may increase the allowed level of the PID, such that from the
Total Asset of the Investment Society; for which it must have the favorable vote of the
majority of Independent Councilors members of the committee and it must be recorded in the Detailed Minutes of the corresponding session.
The numerator of the liquidity coefficient " PID " corresponds to the value of the Provision for exposure in
Derivative Instruments and the denominator " AFD " corresponds to the value of the Assets for Financing the
operation with Derivatives.
In particular, the numerator of the CL coefficient is defined as follows and all the summands must
be in the same Currency:
Where:
represents the market value of the n-th OTC derivatives operation O, which lacks a
collateral management agreement also known as " Credit Support Annex " (CSA), and that
is permitted within the m-th Master Contract approved by the " International Swaps and
Derivatives Association, Inc. " , ISDA, by its acronym in English and translated in Spanish
as the International Swaps Association or its equivalent (hereinafter the
" contract " in this Annex) for OTC derivatives operation (each counterparty may
maintain only one OTC derivatives contract with the Investment Society in question or have more
than one and therefore consider the contracts and not the counterparties). It should be noted that this sum
allows netting the debtor and creditor positions of the Investment Society, provided for in a
same contract. The net balance of a contract that is computed is non-positive. Netting is not allowed
the balances between the different contracts.
represents the market value of the n-th OTC derivative with CSA, for the m-th
OTC derivatives contract with CSA.
represents the value of the guarantees delivered under the m-th contract of
derivatives with CSA.
It should be noted that in the second sum, netting of debtor positions, creditor positions
and guarantees delivered by the Investment Society, resulting from OTC derivatives operations
with CSA provided for in the same contract is allowed. The net balance of a contract that is
computed is non-positive. Netting is not allowed between the balances of the different contracts.
represents the market value of the n-th listed derivative, for the m-th clearing
member in the respective listed market.
represents the value of the guarantees delivered under the m-th contract of
listed derivatives (clearing member of said market).
It should be noted that in the third sum, netting of debtor positions, creditor positions
and guarantees delivered by the Investment Society, resulting from listed derivatives operations
in the same market carried out with the same clearing member is allowed. The net balance
of
a contract that is computed is non-positive. Netting is not allowed between the balances of the different
contracts.
represents the Conditional Value at Risk (calculated in accordance with the Provisions
issued by the Commission) of all operations carried out with the m-th counterparty, when
in said operations netting of margin calls is allowed regardless of the underlying or other
characteristics of the derivatives.
represents the Conditional Value at Risk (calculated in accordance with the Provisions
issued by the Commission) of the n-th derivative with the m-th counterparty, when in said
operations netting of margin calls is not allowed.
The estimation of and will be carried out with the fixed scenarios that count in the
Conditional Value at Risk Differential, being the responsibility of the Administrators
to follow up on the update of the list of fixed scenarios, as well as to comply
with the criteria approved by the Risk Analysis Committee.
Regarding the denominator of the CL,
" AFD "
corresponds to the following, assuming that margin calls
and the value of the operations at maturity are settled in national currency:
Where:
represents the Assets
for Financing the operation with Derivatives denominated in the currency
and issued by country k, where the values for each subscript will be the following:
Understanding as Assets
for Financing the operation with Derivatives
(AFD) as the following:
I.
Debt Instruments issued or guaranteed by the Federal Government and those issued by the Bank
of Mexico; with maturity less than or equal to 1 year, contemplated within the investment strategy
with the exclusive objective of financing the operation with derivatives.
II.
Foreign Debt Securities; with maturity less than or equal to 1 year, contemplated within
the investment strategy with the exclusive objective of financing the operation with
derivatives; issued by governments of Countries Eligible for Investments that have a
credit rating at least equivalent to AA+ on a global scale according to Standard
& Poor´s Ratings, or in its case, to the equivalent scales of the other securities rating
agencies recognized in the General Provisions that establish the investment regime to which
Investment Societies must be subject;
III.
Cash deposits in banks, custodians or trading partners in the currency in question;
IV.
Amounts of repurchase operations with a term of one day (currently only counts for the
liquidity requirement in national currency, according to what is provided in the Law on this
type of operations);
V.
Excess Minimum Initial Contributions (known by the acronym AIMs), and
VI.
Assets that are already under guarantee are not allowed, for example cash deposits with clearing members or Debt Instruments or Foreign Debt Securities that are committed (explicitly or implicitly) as guarantee or credit enhancement in any transaction. "
ANNEX P
Model of Information Prospectus
INFORMATION PROSPECTUS INVESTMENT SOCIETIES, S.A. de C.V.
Specialized Investment Societies for Retirement Funds
BASIC PENSION INVESTMENT SOCIETY
BASIC INVESTMENT SOCIETY 55-59
BASIC INVESTMENT SOCIETY 60-64
BASIC INVESTMENT SOCIETY 65-69
BASIC INVESTMENT SOCIETY 70-74
BASIC INVESTMENT SOCIETY 75-79
BASIC INVESTMENT SOCIETY 80-84
BASIC INVESTMENT SOCIETY 85-89
BASIC INVESTMENT SOCIETY 90-94
BASIC INITIAL INVESTMENT SOCIETY
SOCIEDAD DE INVERSIÓN ADICIONAL
I. General Data
General information about the Administrator and the corresponding Investment Societies shall be indicated according to the following table.
Social Name of Administrator
Social Name of each Investment Society
Types of Investment Societies
Types of Workers who may invest in the Investment Societies
Dates and Numbers of Authorization
___ of ___________ of ______ by letter number ______________ of the National Commission for the Retirement Savings System.
Patrimonial Links and Related Societies Among Themselves of the Administrator.
The Patrimonial Links and Related Societies Among Themselves of the Administrator operating the Investment Societies must be identified in accordance with the General Provisions establishing the investment regime to which specialized retirement fund investment societies must be subject, issued by the Commission.
of the SIEFORE (Maximum 400 words).
ii.
Explain how they incorporate these principles in risk management (Maximum
400 words):
Authorized Asset Classes in
the investment regime
Assets in which the
SIEFORE
invests
PENSION
BASIC
Assets in which the
SIEFORE
invests
BASIC
55-59
Assets in which the
SIEFORE
invests
BASIC
60-64
Assets in which the
SIEFORE
invests
BASIC
65-69
Assets in which the
SIEFORE
invests
BASIC
70-74
...
Demand Deposits
Debt Instruments
A.
Governmental
B.
Private
C.
Hybrid debt instruments
D.
Securitized Instruments
Foreign Debt Securities
A.
Governmental
B.
Private
Equity Securities
A.
National
B.
Foreign Equity Securities
Structured Instruments
A.
CKDs
B.
CERPIS
FIBRAS
A.
Generic
B.
Fibra-E
Real Estate Investment Vehicles
Currencies
Commodities
Type of operations
Repo
Securities Lending
Derivatives
Mandates
ETFs
Mutual Funds
III. Investment Trajectory
For the case of Basic Investment Societies, general information about the Investment Trajectory that the corresponding Investment Societies will follow shall be indicated in accordance with
Annex K of these provisions.
SIEFORE
Maximum years
for Retirement
PENSION
BASIC SIEFORE
0
BASIC SIEFORE 55-59
5
BASIC SIEFORE 60-64
10
BASIC SIEFORE 65-69
15
BASIC SIEFORE 70-74
20
...
IV. Comprehensive Risk Management
·
The comprehensive risk management policy must be described, including the different types of risks to which the investment portfolios are exposed, as well as the policies of the Investment Societies to mitigate them. (Maximum 500 words)
·
The maximum limit of any of the risk control parameters to which the Investment Societies must be subject must be indicated, and which must comply with the General Provisions establishing the investment regime to which Specialized Retirement Fund Investment Societies must be subject, whether it is Value at Risk or Conditional Value at Risk Differential, as applicable.
·
For the case of Basic Investment Societies, the policy of deviation between the Investment Trajectory and the investment portfolio of the Basic Investment Societies must be indicated, as well as the formula to perform said calculation.
BASIC
SIEFORE
PENSION
BASIC
SIEFORE
55-59
BASIC
SIEFORE
60-64
BASIC
SIEFORE
65-69
BASIC
SIEFORE
70-74
...
Annual Limit of
Tracking
Error
%
%
%
%
%
V. Investment Limits
·
Investment limits by Asset Class or Risk Factor, defined by the Financial Risk Committee, must be included.
VI. Operating Policies
a) Types of resources that can be invested in the Investment Society:
The subaccounts whose resources can be invested in the Investment Societies will be mentioned.
b) Commission Regime:
The current commission regime applicable to the Investment Societies, authorized to the Administrator, will be described, with a brief explanation of the calculation method and percentage to be applied by the Investment Societies, in the following format:
PENSION
BASIC SIEFORE
BASIC
SIEFORE
55-59
BASIC
SIEFORE
60-64
BASIC
SIEFORE
65-69
BASIC
SIEFORE
70-74
...
COMMISSION
(%)
The following legend must be added: "Lower commission, greater savings. "
Likewise, the following must be indicated:
" Commissions, as well as discounts, will be applied uniformly for all registered workers, without discrimination among them.
Balance commissions will only be charged when the resources are effectively invested in the Investment Societies and the necessary daily provisions have been registered in the accounting of the Investment Societies.
Special service commissions will be paid directly by the worker who requested the service and in no way can they be charged to the worker's individual account.
Without prejudice to the foregoing, complete and visible information on the commission structure and, if applicable, the discount scheme will be permanently maintained on the internet page defined by the Administrator.
As a result of the change in the commission regime, the worker may transfer their individual account to another Administrator. "
c) Price and settlement term of the shares of the Investment Societies:
The following must be indicated:
" The purchase and sale operations of shares representing the social capital of the Investment Societies will be settled on the same day they are ordered, in accordance with the General Provisions on the registration of accounting, preparation and presentation of financial statements to which retirement fund administrators and specialized retirement fund investment societies must be subject, as well as the General Provisions on Financial Matters of the Retirement Savings Systems, issued by the Commission, provided that the instruction is issued within the operating hours (____ to ____ hours, Mexico City time). Operations requested outside the aforementioned schedule will be carried out on the next business day and will be settled at the prevailing price of the society's shares on the day the sale of the shares is made. "
d) Fund holding policy:
The following must be indicated:
" The resources of the worker's individual account will remain invested in shares of the Investment Societies for at least one year, except in the following cases: a) That the worker requests the transfer of their individual account to another Administrator, given compliance with the regulations in this matter, or their resources are transferred to another Investment Society operated by the same Administrator that operates their individual account, as a result of the change in the commission regime or the investment policies contained in this information prospectus, or when the Commission has assigned them an Administrator in accordance with article 76 of the Law; b) When the worker requests that the accumulated resources be invested in an Investment Society different from the one corresponding to their date of birth, so that in the Investment Society corresponding to their date of birth only new cash flows of contributions and deposits are received; c) When the Administrator enters a state of dissolution or merges with another Administrator having the status of merged, and d) When the total resources of the individual account are withdrawn due to the contracting of a life annuity or, if applicable, the resources are exhausted due to scheduled withdrawals or the worker has the right to withdraw their resources partially or totally in a single payment.
Likewise, the terms and time frame in which withdrawals can be made must be indicated, complying at least with the time frames established by the Law.
The worker may make withdrawals from their voluntary contributions subaccount every _______ months after the first contribution or the last withdrawal. "
Investment Societies whose purpose is the investment of the resources referred to in articles 74 bis, 74 ter and 74 quinquies of the Law, will indicate in the information prospectus, the circumstances in which said resources can be withdrawn or transferred, as well as the rights and obligations of their holders.
e) Valuation mechanics.
The following must be indicated:
" The Investment Assets that make up the securities portfolio of the Investment Societies must be valued daily
by a Price Provider in accordance with the General Provisions on Financial Matters of the Retirement Savings Systems.
The accounting registration procedure for the valuation will be subject to what is established by the General Provisions on the registration of accounting, preparation and presentation of financial statements to which retirement fund administrators and specialized retirement fund investment societies issued by the Commission must be subject, which state that accounting records will be analytical and allow the identification and sequence of operations, with accounting movements registered on the same day the operation is carried out. "
f) Repurchase Regime.
The circumstances in which the worker will have the right to have the corresponding Investment Society, through the Administrator operating it, repurchase up to 100% of their shareholding will be indicated, in accordance with what is provided in the legal provisions applicable to the Investment Society in question.
VII.- Fiscal Regime
The Administrator will inform the worker that the Investment Society in which their resources are invested must comply with the fiscal provisions applicable to it, for which purpose the fiscal provisions to which they will be subject will be included concisely.
VIII.- General Warnings to
workers
a) Investment Risks
The following must be indicated:
Investment Societies seek to offer workers an adequate return in accordance with market conditions, strictly adhering to the Authorized Investment Regime, without this implying a guaranteed return. Likewise, the prices of the Investment Assets in which Investment Societies invest fluctuate daily, so the value of the investment could be decreased depending on market conditions..
The credit ratings granted to Debt Instruments and Foreign Debt Securities by specialized agencies do not represent a guarantee of payment of initial investments, but only an opinion on the issuer's ability to fulfill the obligations of said securities.
Registration in the National Securities Registry that is applicable to certain Instruments does not imply certification on the guarantee of returns of the Instrument or the solvency of each issuer.
b) Write-downs.
The following must be indicated:
" The prices of the Investment Assets, as well as the shares representing the paid-up capital of the Investment Societies, may present write-downs derived from fluctuations in financial markets. In the event that there is any non-compliance with the Authorized Investment Regime, these write-downs will be attributable to the Administrators and must be compensated from the special reserve of the Administrator, and in case this is insufficient, they will cover it from the social capital, in addition to establishing a portfolio reconstruction program for the Investment Societies. This in accordance with what is provided in the General Provisions on Financial Matters of the Retirement Savings Systems and in the General Provisions establishing the investment regime to which Specialized Retirement Fund Investment Societies must be subject.
On the other hand, when write-downs arise from extraordinary situations in financial markets, and having complied with what is provided in the General Provisions on Financial Matters of the Retirement Savings Systems and the General Provisions establishing the investment regime to which Specialized Retirement Fund Investment Societies must be subject, neither the Administrator nor the Commission have the obligation to compensate for said write-downs, understanding that these are part of an inherent risk of investments in financial markets.
A write-down in the Investment Society's portfolio will be understood to exist when the price of the share of said Society at the close of a day is lower than said price on the previous business day.
c) Inspection and surveillance by the Commission
The following must be indicated:
" The CONSAR is the competent authority to regulate, inspect and supervise the functioning of the Investment Societies, as well as the Administrator operating them. "
d) Acceptance of the information prospectus by the worker
The following must be indicated:
" In order to comply with what is provided by article 47 bis, third-to-last paragraph, of the Law, the Administrator operating the Investment Societies will have this information prospectus available in its offices and branches or through the Administrator's Internet page, for registered workers. "
e) Custody of titles
The Financial Intermediaries to whom the Administrator has contracted to deposit the Investment Assets, as well as the shares of the Investment Societies for safekeeping, will be indicated.
f) Rating of the Investment Societies
The Administrator may disclose on its Internet page and in the information board of its offices and branches the current credit rating granted to the Investment Societies by a securities rating institution, as well as its meaning. In case of any changes, these credit ratings must be modified within a maximum of 10 business days following the date on which they undergo any modification.
g) Inquiries, complaints and claims
The following must be indicated:
" The National Commission for the Protection and Defense of Users of Financial Services (CONDUSEF) has enabled a free public attention service via telephone, from anywhere in the country, to receive inquiries, complaints and claims about irregularities in the operation and provision of services by Administrators, at the phone number (include CONDUSEF phone
number).
" Finally, the General Director, the Head of the Investments Area and the Head of the Risks Area of the Administrator of the corresponding Investment Societies must sign this prospectus, which must be modified within 30 natural days following the appointment of a new General Director, Head of Investments Area and Head of Risks Area.
" Social Name of the Administrator "
" Name and signature of the General Director "
" Name and signature of the Head of the Area
" Name and signature of the Head of the Risks Area "
of Investments "
" ANNEX S
Guidelines applicable to independent experts dedicated to evaluating and reporting on Debt Vehicles, Equity Components, Real Estate Investment Vehicles and FIBRAS,
Share Indices of Eligible Countries for Investments, Real Estate Indices of Eligible Countries for Investments and Debt Indices of Eligible Countries for Investments
I. ...
II. Of the functions that the independent expert must perform
...
a) to b) ...
c)
In the event that the Risk Analysis Committee modifies the Criteria for the selection of
share, debt and real estate indices permitted in the Investment Regime of the
SIEFORES, Criteria applicable to Investment Vehicles known as ETFs (Exchange
Traded Funds), and Criteria applicable to Mutual Funds, policies and
procedures must be in place to re-evaluate and follow up on the indices and Investment Vehicles
authorized. Administrators must inform the independent expert of the
modifications to the aforementioned criteria and other applicable agreements that the Risk Analysis
Committee establishes, within two business days following the day on which
they have been notified.
d). ...
...
III. and IV. ......
... "
" ANNEX U
Methodology for calculating the maximum investment limits for the set of Investment Societies
operated by the same Administrator, in Structured Instruments.
The maximum amount to be invested by the set of Investment Societies eligible for investments in
Structured Instruments must comply with the following criteria:
a)
Repealed.
b)
...
c)
...
d)
...
...
...
...
i. to iii. ... "
" ANNEX W
Methodology for calculating the write-down to be compensated for non-compliance with the limits of the Liquidity Coefficient and Provision for Exposure in Derivative Instruments, due to causes attributable to the
Administrator
I. The amount of the write-down that an Administrator must compensate in case of non-compliance due to
causes attributable to it of the Liquidity Coefficient (CL) limit provided in Annex N of these
provisions, will be calculated according to the following formula:
TRANSITORY
SINGLE.- These modifications and additions 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.
The modifications to the Liquidity Coefficient provided in article 2, fraction VIII and the
Annex N, as well as the PID limit will enter into force 180 natural days after the
publication of these modifications and additions. Meanwhile, Investment Societies
will observe what is established in article 2, fraction VIII and Annex N of the
General Provisions on Financial Matters of the Retirement Savings Systems
published in the Official Gazette of the Federation on September 18, 2019
With the entry into force of these modifications, all those provisions that contravene these modifications and additions are abrogated.
Mexico City, on
February 25, 2020. - The President of the National Commission for the Retirement Savings
System,
Abraham E. Vela Dib .- Rubric.
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