Modifications and Additions to the General Provisions on Operations of the Retirement Savings Systems

DOF: 15/05/2020

MODIFICATIONS AND ADDITIONS TO THE GENERAL PROVISIONS ON OPERATIONS OF THE RETIREMENT SAVINGS SYSTEMS

At the margin, a seal with the National Coat of Arms, which reads: 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

OPERATIONS OF THE RETIREMENT SAVINGS SYSTEMS

The President of the National Commission of the Retirement Savings System, based on what is provided in articles 1, 2, 5 fractions I, II, III, IV, VI, VII, XIII bis and XVI, 12 fractions I, VI, VIII and XVI, 18, 18 bis, 19, 20, 21, 25, 26, 29, 30, 31, 36, 37, 37 A, 37 C, 39, 40, 41, 43, 47, 47 bis, 53, 57, 58, 59, 64, 64 bis, 64 ter, 65, 70, 74, 74 bis, 74 ter, 74 quáter, 74 quinquies, 76, 77, 78, 79, 80, 88, 89 90 fractions II, IV and XIII, 91, 99, 111 and 113 of the Law of the Retirement Savings Systems; 167, 175, 176, 177, 179, 181, 182, 187, 188, 191 fraction II, 192, 195, 198 and 200 of the Social Security Law; 2nd, 13, 21, 26, 64, 76, 77, 78, 83, 87, 91, 93, 97, 98, 100, 101, 102, 105 fraction VII, 106, 108 fraction II, subsection c, 119 and 123 fraction II, as well as Fifth, Seventh, Tenth, Eleventh, Twenty-second, Twenty-fourth, Twenty-fifth, Twenty-sixth and Twenty-seventh Transitional Provisions of the Decree by which the Law of the Institute of Security and Social Services for State Workers is issued; 1st, 5th last paragraph, 29 fraction II, 34, 38, 40, 43, 43 bis and Eighth Transitional of the Law of the National Housing Fund for Workers; 1, 14, 15, 16, 23, 25, 28, 29, 30, 31, 32, 33, 34, 35, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 59 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 106, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 139, 140 and 154 of the Regulations of the Law of the Retirement Savings Systems; 1, 2 fraction III and 8th first paragraph of the Internal Regulations of the National Commission of the Retirement Savings System, and

CONSIDERING

That it is necessary to promote in greater measure the efficiency and automation of the operational processes of the Retirement Savings System, for which information technologies must be used to provide new products and services and expand access to the SAR;

That in order to reduce administrative costs for Afores and for workers, it is necessary to lighten the regulatory burden in operational processes, especially in the Back Office of the Administrators, to allow them the use and contracting of validation, control and management services that allow them to generate economies of scale and savings in the operation that are reflected in the commissions they charge savers;

That with the aim of reducing administrative burdens and reducing costs associated with the procedures carried out, for the benefit of the Retirement Savings System and the participants in them, it is necessary to reduce and eliminate the mention of photocopies, promote electronic means of storage and operation and make the operational regulatory framework more efficient;

That to streamline the transfer process, it is necessary to reduce various steps in the procedure, such as the Transfer Certificate Folio, since with the implementation of biometric authentication and other security mechanisms, the security objectives for said process are already met, therefore it must be simplified;

That to comply with what is established in article 78 of the General Law of Regulatory Improvement, as well as in the Fifth Article of the "Agreement that establishes the guidelines that must be observed by the dependencies and decentralized organisms of the Federal Public Administration, regarding the issuance of general administrative acts to which article 69-H of the Federal Administrative Procedure Law applies", the eliminations made in articles 198 and 448 second and third paragraphs of these Modifications and Additions to the General Provisions on operations of the retirement savings systems must be considered, in terms of the corresponding Regulatory Quality Annex, has issued the following:

MODIFICATIONS AND ADDITIONS TO THE GENERAL PROVISIONS ON

OPERATIONS OF THE RETIREMENT SAVINGS SYSTEMS

FIRST.- Articles 1 fraction CLI, 9 fractions VIII and IX, subsection a) of third paragraph, and the last paragraph, 13, 14 third paragraph, 16 first paragraph, 18, 20 first paragraph, 60 first paragraph, 90 fraction VI second paragraph, 92 fraction II subsection c., 121 first, third and fifth paragraphs with their fractions I, II, III and seventh paragraph, 134 first paragraph, 135, 147 fourth paragraph, 148 fraction V, 149 bis fourth paragraph, 149 bis B, fraction III, 150 second and third paragraphs, 154 first paragraph, 155, 159, 164, 168 fractions VII and VIII, 172 first and second paragraphs, 173 fractions IX and X, as well as penultimate paragraph, 176 first paragraph, 180 fraction I subsection e., 182 first, fourth and seventh paragraphs, 186 second paragraph and third paragraph, fraction II, 188, 189 first paragraph, and its fractions II and XIV, 194 second paragraph, 195 first paragraph, 197 first paragraph, 198 first paragraph, third paragraph and in its subsection a., and antepenultimate paragraph, 199, 214 third paragraph, 216 first paragraph, 217 second paragraph, 218 first paragraph, 219 first paragraph, second paragraph fraction II, 222 fraction VI, 224 first paragraph, 225 second paragraph, 227 fraction IV, 240 third paragraph, 248 first, second and third paragraphs, 259 fraction III and antepenultimate paragraph, 262 first paragraph, and its fraction I subsection c., fraction II subsection b., fraction III and its subsections a., b. and c., 263 first paragraph, and fraction I in its items 3, 4 and 5, fraction II in its items 1, 2 and 3 as well as fraction III in its items 1, 2 and 3, 274 third paragraph, 277 fractions I and II, as well as second paragraph, 278, 346 first paragraph, 419 first and second paragraphs, 423 first paragraph, and its fractions II, IV and V, as well as its second and third paragraphs, 424 first paragraph, fraction I first paragraph, and fractions V and VI with its subsections a. and b., 425, 426, 427, 428 first, third and fifth paragraphs, Annex A first and second paragraphs, and Annex E fraction II; are MODIFIED; Articles 1 with fractions XXXIII bis and LXII ter, 9 with fraction X and a last paragraph, 140 bis, 150 with a fraction IX, 155 bis, 168 with a fraction IV bis, 173 with a fraction XI, 217 with third paragraph 218 with a second paragraph, 222 ter, 346 bis, 424 fraction I with a second paragraph and 464 bis; are ADDED; as well as Articles 1 fraction LXX, 148 fraction II subsection c., 150 fraction II, 156, 157 second, third, fourth, fifth, sixth and seventh paragraphs, 158, 168 fraction II subsection c., and fractions V and VI, as well as its last paragraph, 182 second and third paragraphs, 183, 184, second, third, fourth and fifth paragraphs, 185, 187, 189 fraction XII, 210 fraction I subsection h., 217 fractions I and II as well as its last paragraph, 219 fraction III, 222 fraction IV, 224 fractions I and II as well as its last paragraph, 225 last paragraph, 236, 253, 347, 348, 423 fraction III, 448 second and third paragraphs, Annex I and the Eighth Transitional Article of the "General Provisions on Operations of the Retirement Savings Systems", published in the Official Gazette of the Federation on December 28, 2015, with its modifications and additions published in the same instrument, to remain in the following terms:

" INDEX

...

Annex " I "

(Repealed)

... "

" Article 1. ...

I. to XXXIII. ...

XXXIII bis. Electronic Mail, to the data message sent through the internet, or any electronic device or similar technologies including portable devices, two-way messages or instant messaging systems in the name of the holder of the Individual Account or associated with a mobile phone number registered equally in their name, which allow dynamic and direct communication between the Administrators and the Workers, for the purpose of communicating to them in a timely manner the elements provided for in the applicable regulations, including the account statement;

XXXIV. to LII bis. ...

LXII ter. FinTech Company, to the entities regulated by a Financial Authority or to the Authorized Societies referred to in the general provisions relative to authorized societies to operate novel models referred to in the Law to Regulate Financial Technology Institutions that offer financial products and services making use of information and communication technologies as primary elements of their processes;

LXIII. to LXIX. ...

LXX. Repealed

LXXI. to CL. ...

CLI. Registration and Transfer Requests, the documents that the Administrators make available to the Workers to carry out the process of Registration or Transfer of their Individual Account to the Administrator of their choice, which must contain at least the information established in articles 150 and 173, respectively, of these general provisions, likewise in said documents the fund administration contract for retirement will be included;

CLII. to CLXIV. ... "

" Article 9. ...

I. to VII. ...

VIII. Pre-request for disposal of resources for wedding expense assistance or Partial Retirement due to Unemployment referred to in article 419 of these general provisions;

IX. Pre-request for disposal of resources referred to in article 406 of these general provisions, and

X. Any other service that is authorized by the Commission.

...

...

a) Authenticate the identity of Workers who enter the E-SAR with the Authentication Factor category 2 or higher referred to in fraction II of Annex B of these general provisions; such authentication will only be applicable for those services related to the issuance of the certificate on the implications of the Transfer, disposal of resources for wedding expense assistance, Partial Retirement due to Unemployment and those of disposal of resources referred to in article 406 of these general provisions, as well as for those services that require a minimum level of authentication in terms of the Transactional Procedures Manual. Regarding the issuance of the Transfer Knowledge Folio, such authentication will be carried out through the Authentication Factors category 2 and 3 of Annex B of these general provisions, with the aim of guaranteeing that it is the Worker himself who carries out the procedure.

b) to f) ...

Operating Companies must maintain auditable records and make available to the Commission the information generated from the pre-requests and service requests referred to in fractions I to X above and the mechanisms specified in the previous paragraph.

Operating Companies must inform the Commission of the adaptations, new functionalities or any maintenance in the E-SAR portal or the Mobile Application, no later than the next business day prior to its implementation. "

" Article 13. The Commission, in the exercise of its supervision and surveillance powers, may verify at any time, the attention to the individual account administration services provided by the Administrators to the Workers, as well as that they give attention, follow-up and resolve the requests of the Workers or Beneficiaries. "

" Article 14. ...

...

At least once a year, the Administrators must contact by telephone or through any other non-presential means established in their Policies and Procedures Manuals, the Workers who are 60 years of age or older, who have not started their pension procedure, in order to inform them of the characteristics of their Individual Account, the withdrawal options they have and the procedures they must carry out to obtain the pension that corresponds to them in their case. The Administrators must conserve the evidence of contact with the Worker. When the Worker is 65 years of age or older, the Administrator in question must communicate to him through the bimonthly account statement that, in their case, they have resources that they can dispose of according to what is established in article 408 of these general provisions. While the Worker has not been contacted as established in this paragraph and while they have not started their pension procedure, the Administrator will inform them through any non-presential means that they have resources to dispose of. The Administrators must establish said non-presential means in their Policies and Procedures Manuals, conserving the evidence of contact with the Worker.

... "

" Article 16. The Administrators must electronically conserve for each Worker to whom they have provided the account administration service, a copy of the Registration or Transfer Request, the Net Performance Document, as well as any other document referring to or related to the procedures, services or transactions that they or their Beneficiaries, in their case, carry out in the Retirement Savings Systems.

...

... "

"Article 18. The fund administration contract for retirement with an Administrator must be included in the Registration and Transfer Requests, where it must be signed for its formalization. For the Administrators to collect the consent of the Workers to carry out acts related to their Individual Accounts, the Workers must emit their consent and will expressly, in writing or through the use of the Electronic Means approved by the Commission and which for such effect are provided for in these general provisions.

For the formalization of the fund administration contract for retirement, through the signing of the Registration and Transfer Requests, the Administrators must ensure that the Electronic Means they use for such effects allow the Workers to know and manifest that they know the scope, content and conditions of the contract, as well as an option that allows them to manifest their consent and sign the document prior to continuing with the Registration or Transfer process, in accordance with what is provided in these general provisions.

The delivery or sending by email or through any other means of communication as long as it has been accepted by the worker, of a copy of the Registration and Transfer Requests, should not generate any charge for the latter."

" Article 20. The Commission, in the exercise of its inspection and surveillance powers, may require from the Administrators and Operating Companies any information about the operations that are carried out or are related to the Individual Accounts, the Pension Accounts or the Social Prevision Funds to which they provide services, as well as about the attention, follow-up and resolution of procedures or requests and complaints associated with the account administration services provided by the Administrators or to the administration of the information and other related services provided by the Operating Companies. For such effect, the Administrators must make available to the Commission, either physically or electronically, the information, data or documents related to the different processes, services provided, transactions and activities that are carried out, even if they have already concluded, in accordance with these general provisions.

...

... "

" Article 60. The Administrators must establish control and security measures for the information that ensure adequate operation and verification of the processes that are carried out in the Individual Accounts, which must be established in their Policies and Procedures Manuals regardless of whether the process was carried out through a Promoting Agent or Service Agent, in the Specialized Unit, in an office or branch, through the telephone call center or through the electronic means enabled for such effect.

...

... "

" Article 90. ...

I. to V. ...

VI. ...

The area or unit referred to in this fraction must have personnel certified in cybersecurity matters; such certifications must be endorsed by standardization bodies.

... "

" Article 92. ...

I. ...

...

...

II. ...

a. to b. ...

c.

Evaluate at least once a year, the vulnerability to which they may be exposed in the hardware, software, systems, applications, security, information recovery, networks and any other type of information technology that they implement, due to processing or operational errors, failures in procedures, inadequate capabilities and insufficiencies of the installed controls, among others. Likewise, at least once a year, they must carry out an audit, through a qualified and certified company in information security matters by a standardization body, on the vulnerabilities referred to in the preceding paragraph, reporting the results of the audit to the Commission no later than the last business day of the month immediately following the receipt of the corresponding report, including a work program to strengthen and minimize the detected vulnerabilities.

d. to f. ...

III. ... "

" Article 121. Workers who have identified inconsistencies in their identification data with the Administrator operating their Individual Account may initiate before it the procedure for data modification. Such data modification must be carried out in the Administrator's database and in the National SAR Database.

For these effects, they must request that Workers present the necessary documentation for their correct identification and be able to carry out the updates and/or data modifications that correspond.

...

By way of example and not limitation, the Administrators may request from the Workers the original of their official identification to verify their identity, in terms of what is established in the catalog of identifications provided in Annex " D ", Section " A ", of these general provisions, the Probatory Document and/or the CURP Certificate.

...

The Beneficiaries

who request the data update, additionally must present to verify

their identity:

I. Original of the death certificate of the Worker holder of the Individual Account;

II. Original of the beneficiary's official identification, in terms of what is established in the catalog of identifications provided in Annex " D ", Section " A ", of these general provisions, and

III. Original of any of the following documents:

a. to c. ...

...

The Administrators must integrate the images of the documents required into the service file in the name of the registered Worker to whom they correspond, in accordance with what is established in the Transactional Procedures Manual.

... "

"Article 134 . The Administrators are responsible for carrying out the opening, the Registration and the Transfer of the Individual Accounts in strict compliance with the Law, its Regulations and the general provisions issued for such effect by the Commission,

for which, they may hire Promoting Agents, Support Companies or FinTech Companies authorized by the Commission.

... "

" Article 135. The Promoting Agents of the Administrators to carry out functions related to the management of the Registration and Transfer of Individual Accounts, must be registered and valid in the Register of Promoting Agents provided for in article 36 of the Law, its Regulations and the general provisions issued by the Commission. Likewise, the Promoting Agents must show the Workers their valid Promoting Agent Credential, prior to starting the procedure in question.

The Administrators are responsible for the Registration and Transfer processes that they manage, so they will respond directly for all activities carried out by their Promoting Agents, Support Companies or FinTech Companies that they hire, in terms of what is provided by the third paragraph of article 36 of the Law and the general provisions to which the retirement fund administrators must be subject in relation to their Promoting Agents, as well as what is provided by these general provisions. "

" Article 140 bis. The Administrators may implement the use of electronic models to generate a folio that replaces the Account Statement Folio and the digitized image of the account statement in Transfer procedures. The authorization that the Commission issues in its case, will have a validity of twenty-four months, which may be renewed for equal periods, as long as the renewal request is presented by the interested Administrator within the last month of validity. Until the Commission grants the corresponding renewal, the Administrator may not operate said model.

For the purposes of this article, electronic models are understood to be the systems that through double electronic authentication operate a confrontation and comparison, Online and Real Time, of a historical information database operated by national entities authorized, supervised and regulated by authorities of the Federal Public Administration, historical information databases operated by these, or information databases operated by autonomous constitutional bodies, against the data provided by the Worker for the processing of the Transfer.

The Administrators must ensure that the historical information databases they use for the operation of the electronic models referred to in this article, meet the following requirements:

A.

That they are not constituted totally or partially with information coming from the National SAR Database or the databases that the Administrators have;

B.

That the data contained in the historical information databases against which those provided by the Workers are confronted and compared:

i.

Have an age greater than three months in said database;

ii.

... "

(Note: The source text ends abruptly at this point.)

No estar associated in any way with the individual account transfer itself;

iii.

Originate directly or indirectly from the integration of a file of information and documentation of the Worker;

iv.

Be reliable, that is, data that has been directly or indirectly provided by the Worker, and

v.

Be verifiable, that is, data that was directly or indirectly registered based on in-person authentication with the Worker.

C.

That they are not constituted by bank accounts classified with level 1 or 2 according to the regulation issued by the National Banking and Securities Commission and by the Bank of Mexico, and

D.

That it is constituted by information that allows electronic authentication through the use of said historical information base.

In addition to the above, the schemes on which the electronic models that are presented to the Commission for authorization are based must comply with the following:

a)

Have recognized technical and operational capacity and viability in the matter of Transfers in the retirement savings systems, and likewise must guarantee the security, integrity, and confidentiality of the information exchanged through them;

b)

Guarantee the security and confidentiality of the information provided by the Worker to the Promoting Agent;

c)

Maintain logs that are auditable and allow verification, at least, of the place, date, and exact time where the Worker's information requesting the Transfer was consulted in the electronic model, and

d)

Establish additional control measures required by the Commission, as applicable, derived from the nature and characteristics of the electronic model proposed by the Administrator.

In the event that the authorized electronic models referred to in this article cease to meet the necessary requirements for their operation, Administradoras may not use said electronic models until they take the necessary actions to be in compliance again. For this purpose, Administradoras must immediately suspend the operation of the electronic models in question and notify the Commission no later than the next business day that the non-compliance event occurs.

Likewise, the Commission, in the exercise of its supervisory powers, may order the suspension of the operations of said electronic models or revoke the authorization thereof when it detects that it has ceased to meet the requirements required for its operation or puts at risk the information or interests of the Workers.

Administradoras must present to the Commission a corrective action program that addresses the non-compliances that motivated the suspension of the model's operation, within a period of three business days counted from the date the non-compliance notice was given or the Commission's order to suspend the model's operation was received.

Administradoras must ensure that the functioning and operation of the electronic models authorized to them under this article are permanently subject to the regulation currently in force, as well as to any modifications that are applied to it, the foregoing for the purpose of maintaining the authorization granted by the Commission; otherwise, it may be revoked.

" Article 147. ...

...

I. to VII. ...

...

Administradoras must contact the Worker in accordance with what is established in their Policies and Procedures Manuals, within five business days following receipt from the Operating Companies of the pre-requests for Registration in order to initiate the management thereof, in accordance with the contact procedures and deadlines established in Annex "L" of these general provisions, so that a Promoting Agent initiates the management of the Registration with the Worker.

...

... "

" Article 148. ...

I. ...

II. ...

a. and b. ...

c. Repealed

d. ...

III. ...

IV. ...

V. Register and store a video containing the Worker's manifestation expressing their consent for the Registration and confirming their personal and contact data, in accordance with the characteristics established in the Transactional Procedures Manual. Administradoras will be responsible for the safeguarding and conservation of the video, must keep it available to the Commission, and implement the necessary security measures to guarantee that it is not manipulable. Optionally, Administradoras may effect the safeguarding and conservation of the videos referred to in this subsection through the Operating Companies. "

" Article 149 bis. ...

...

...

When Administradoras directly or through Support Companies or through Financial Technology Companies facilitate the Mobile Registration process through any of the modules of the Mobile Application on electronic devices that are not owned by the Worker, they must record at the time of carrying out the Mobile Registration process a video containing the Worker's manifestation expressing their consent for the Mobile Registration and confirming their personal and contact data, in accordance with the characteristics established in the Transactional Procedures Manual; said video must be stored by the Administradoras. Likewise, Administradoras must keep said videos available to the Commission and implement the necessary security measures to guarantee that the data and information generated are not manipulable. The models that facilitate Registration or Mobile Registration through Support Companies or through Financial Technology Companies must be authorized by the Commission. "

" Article 149 bis B. ...

I. to II. ...

III. Attend to what is established in article 149 bis E;

IV. ...

... "

" Article 150. ...

I. ...

II. Repealed

III. to VIII. ...

IX. Fund administration contract for retirement, in accordance with what is established in Annex A of these provisions.

Administradoras will be responsible for ensuring that the Digital Handwritten Signature of the Promoting Agent managing the Registration is recorded in the presence of the Worker, when the latter signs their Registration Request. For this purpose, the Electronic Means that Administradoras use in the Registration process must generate logs that are auditable and allow verification, at least, of the place, date, and exact time in which the Registration Requests were signed by the Worker and by the Promoting Agent.

Likewise, Administradoras must keep said logs available to the Commission and implement the necessary security measures to guarantee that the data and information generated are not manipulable.

Administradoras, through the Promoting Agents, must physically deliver, or send to the electronic mail indicated by the Worker or, through the Electronic Means that the Administradora makes available to the Worker, a copy of the Registration Request, which must include the fund administration contract for retirement and the Net Performance Document, signed by the Worker and the Promoting Agent, at the time of processing the Registration. "

" Article 154. Administradoras must ensure that the Net Performance Documents and Registration Requests, which must include the fund administration contracts for retirement, that they make available to Workers, comply with the requirements provided in Annexes "A", "C", and "E", as applicable, of these general provisions, are in force, as well as that the fields for Workers and Promoting Agents to enter their Biometric Signature and Digital Handwritten Signature are within the same document and visible to the Worker or the Beneficiary, as applicable.

...

... "

" Article 155. Administradoras must establish in their Policies and Procedures Manuals verification controls oriented to ensure the identity of the worker and guarantee the exercise of the will of the Workers, the application of the controls being the exclusive responsibility of the Administradoras.

Likewise, when as a result of the Administradoras' verification processes or the exercise of the Commission's supervisory powers, Improper Registrations or Registrations with errors or inconsistencies that are considered Improper Registrations are identified, the operations area of the Administradoras through the controls and samples indicated in their Policies and Procedures Manuals must ensure to review the files of the Registrations, Transfers, and Recertifications that the Promoting Agent, Support Company, or Financial Technology Company in question has managed in the last twelve months. "

" Article 155 bis. The review programs established by Administradoras must be concluded within a maximum period of sixty calendar days, counted from the date they identify the inconsistencies referred to in the previous article.

Administradoras

must preserve evidence of the controls applied to ensure the consent of the Workers. "

" Article 156 . Repealed. "

" Article 157. Administradoras must

establish in their Policies and Procedures Manuals the carrying out of audits at least once a year, on the Registration Requests, through the selection of a statistically representative sample, to verify, provide certainty regarding the requested procedures, and ensure compliance with applicable regulations.

Repealed.

Repealed.

Repealed.

Repealed.

Repealed.

Repealed. "

" Article 158. Repealed. "

" Article 159. Administradoras, once they comply with the requirements provided in the previous article 148, must send to the Operating Companies, electronically, the information, data, and elements referred to in said number. "

" Article 164.

Administradoras must manage the Transfer of Individual Accounts at the request of

the Workers, only in the cases provided for in the Law and its Regulations. For this purpose, they may consider the direct intervention of the Promoting Agents or the use of other means that satisfy the requirements provided in these general provisions and have been authorized by the

Commission.

The Transfer of Individual Accounts may only be carried out when the Workers and the Promoting Agents, as applicable, who manage the procedures through the use of the information contained in the Electronic File are previously identified and authenticated.

Administradoras will be responsible for verifying that in all Transfers they carry out, the Workers and the Promoting Agents, as applicable, have an Electronic File. "

" Article 168. ...

I. ...

II. ...

a. ...

b. ...

c. Repealed.

d. ...

...

III. to IV. ...

IV bis. For those Workers who, prior to managing their Transfer, do not have an Identification File with biometric authentication, they must validate the Worker's Identity, through any of the following methods:

a. Through the validation services that the Operating Companies of the National SAR Database had, if applicable, contracted with historical information bases operated by national entities authorized, supervised, and regulated by authorities of the Federal Public Administration, historical information bases operated by these or information bases operated by autonomous constitutional bodies, through which the worker's identity is validated by means of an authentication factor category 5 referred to in Annex B, of these general provisions;

b. Through the validation of the Worker using the Mobile Application in accordance with what is established in the authentication factors category 3 referred to in Annex B, of these general provisions;

c. Through any authentication mechanism authorized by the Commission in terms of article 140 bis of these general provisions;

d. Obtaining from the Worker the original of the account statement with the Account Statement Folio, in accordance with the following:

i. For Transfer Requests made in the months of February, March, April, and May, the Account Statement Folio corresponding to that issued in the third four-month period of the immediate previous year must be presented;

ii. For Transfer Requests made in the months of June, July, August, and September, the Account Statement Folio corresponding to that issued in the first four-month period of the current year must be presented, and

iii. For Transfer Requests made in the months of October, November, December, and January, the Account Statement Folio corresponding to that issued in the second four-month period of the current year must be presented.

V. Repealed;

VI. Repealed;

VII.

Carry out an analysis of the Transfer Request, in order to verify the consent, will, and identification of the Worker carrying out the procedure, in accordance with what is provided in the following article 182, and

VIII. Register and store a video containing the Worker's manifestation expressing their consent for the Transfer and confirming their personal and contact data, in accordance with the characteristics established in the Transactional Procedures Manual. Administradoras will be responsible for the safeguarding and conservation of the video, must keep it available to the Commission, and implement the necessary security measures to guarantee that it is not manipulable. Optionally, Operating Companies, at the request of Administradoras, may effect the safeguarding and conservation of the videos referred to in this subsection.

Repealed. "

" Article 172. Receiving Administradoras must use the personal information contained in the Workers' Identification Files to generate and pre-fill the Transfer Requests and Net Performance Documents. Receiving Administradoras must use mechanisms that guarantee the integrity, security, and confidentiality of the information to automatically extract the information from the Workers' Identification Files and pre-fill the information in the documents referred to in this article.

Administradoras must ensure that under no circumstances the information contained in the Worker's Identification File is available or stored in any device or electronic medium or any other form, for a period greater than ten business days from the date of extraction of the information. The information extracted from the Worker's Identification File must exist only in the Transfer Request, which must include the fund administration contract for retirement, and in the Net Performance Document; which must remain safeguarded in the computer systems that the Receiving Administradora determines, under mechanisms that guarantee the integrity, security, and confidentiality of the information, as well as audit logs that allow verification of the correct management of the information of the consulted File.

...

... "

" Article 173. ...

I. to VIII. ...

IX. Biometric Signature of the Promoting Agent in accordance with the technical criteria established by the Operating Companies for such effect;

X. Digital Handwritten Signature of the Promoting Agent managing the Transfer, and

XI. Fund administration contract for retirement, in accordance with what is established in Annex A of these provisions.

...

Administradoras, through the Promoting Agents, must physically deliver, or send to the electronic mail indicated by the Worker, or through the Electronic Means that the Administradora makes available to the Worker, a copy of the Transfer Request and the Net Performance Document, signed by the Worker and the Promoting Agent, at the time of signing the Transfer.

... "

" Article 176. Receiving Administradoras must ensure that the Net Performance Documents and Transfer Requests, which must include the fund administration contract for retirement, that they make available to Workers comply with the requirements provided in Annexes "A", "C", and "E" of these general provisions, are in force, personalized, as well as that the fields for Workers and Promoting Agents to enter their Biometric Signature and Digital Handwritten Signature are within the same document and visible to the Worker.

...

... "

" Article 180. ...

I. ...

a. to d. ...

e. Inform the Worker, Online and in Real Time, that the Administradora to which the transfer is being made has a greater, equal, or lesser performance, as the case may be, in comparison with the Administradora that currently administers their individual account, in accordance with what is established for such effect in the Transactional Procedures Manual, as well as any other information that the Commission determines;

f. and g. ...

II. ...

...

... "

" Article 182. Receiving Administradoras must establish in their Policies and Procedures Manuals, verification controls oriented to ensure the identity of the worker and guarantee the exercise of the will of the Workers, the application of said controls being the exclusive responsibility of the Receiving Administradoras.

Repealed

Repealed

Likewise, when as a result of the verification processes of the Receiving Administradoras or the exercise of the Commission's supervisory powers, Improper Transfers or Transfers with errors or inconsistencies that are considered possible Improper Transfers are identified, the operations area of the Administradoras through statistically representative sampling must ensure to review the files of the Registrations, Transfers, and Recertification that the Promoting Agent, Support Companies, or Financial Technology Companies have managed in the last twelve months.

...

...

Receiving Administradoras must preserve evidence of the controls applied to ensure the consent of the Workers. "

" Article 183. Repealed. "

" Article 184. ...

Repealed.

Repealed.

Repealed.

Repealed.

Repealed. "

" Article 185. Repealed. "

" Article 186.

...

Transferring Administradoras must preserve the physical documentary support and in Electronic Means, in the case of home visits, and the record of the telephone call recordings, that they have carried out to effect the verification of the will of the Workers.

...

I.

...

II. Collect and preserve the elements that support that the Worker did not emit their consent for the Transfer, among which they must consider the biometric elements associated with their Biometric Signature, and

III. ...

... "

Section IV

Of the Certificate Folio for Transfer

(Repealed)

" Article 187 . Repealed. "

" Article 188. Receiving Administradoras, once they comply with the requirements provided in article 168 of these general provisions, must send to the Operating Companies, electronically, the information, data, and elements referred to in said number. "

" Article 189. Operating Companies must certify the information and elements contained in the Transfer Requests they receive, as well as validate the existence of the Worker's Identification File and the Promoting Agent's File, prior to confrontation they make of them with the information contained in the National SAR Database, and will be responsible that the certification processes are carried out in accordance with what is provided in the Law, its Regulations, and these general provisions and the Transactional Procedures Manual, considering at least the following:

I.

...

II. That there is an Electronic File of the Promoting Agent who managed the Transfer;

II.bis to XI ...

XII.- Repealed

XIII. ...

XIV. The validations that the Commission establishes for such effect, which must be included in the Transactional Procedures Manual.

...

...

...

... "

" Article 194 . ...

In each case, the head of the commercial area of the Administradoras must prepare a detailed report explaining the circumstances that gave rise to the Improper Registration or Transfer. Likewise, the person responsible for the Administradora's internal control processes must prepare a report in which they record the deficits or surpluses that the account presented from the moment the Improper Registration or Transfer materialized and the corrective measures that must be implemented.

...

...

... "

" Article 195. Workers, when they consider that their Individual Account has been the object of an Improper Registration or

Improper Transfer, may go to the Administradora that held their individual account or the one that has informed of the movement to request the corresponding clarification, or present their complaints to CONDUSEF.

...

...

...

... "

" Article 197. Operating Companies must form, register, safeguard, administer, and update in the National SAR Database the Electronic Files of Workers, Promoting Agents, and Service Agents within the deadlines provided in these general provisions, in a centralized manner under standards that guarantee the security, integrity, and confidentiality of their information.

...

...

...

...

... "

" Article 198. Operating Companies must ensure that the Electronic Files are unique and are continuously updated during the Worker's, Promoting Agent's, and Service Agent's stay in the Retirement Savings Systems.

...

I. to V. ...

The Electronic Files of Service Agents must contain, at least, the following:

a. The Biometric Signature and Digital Handwritten Signature of the Service Agent, and

b. ...

...

Operating Companies must separately identify the Electronic Files that Agents have registered as Workers.

...

... "

" Article 199. Administradoras must capture and process the Biometric Signatures and Digital Handwritten Signatures of the Service Agents and Promoting Agents of the Administradora.

Likewise, Administradoras must integrate and keep updated an Electronic File in the name of each Service Agent and Promoting Agent of the Administradora and send it to the Operating Companies for registration and safeguarding in the National SAR Database. "

Article 210. ...

I. ...

a. to g. ...

h. Repealed

i. to n. ...

II. to VI. ...

... "

" Article 214. ...

...

Operating Companies shall refrain from registering and safeguarding in the National SAR Database the Identification Files of Workers that Administrators send them resulting from Registration and Transfer processes, when the service that gave rise to the formation of said file is not finalized. In the case of Transfers, when the Transfer Request has not been certified, such files may be discarded, after a period of ten business days following the date on which the Administrators initiated the certification procedure before the Operating Companies.

... "

" Article 216. Administrators must verify whether the Worker requires modifying or updating the information and elements referred to in items I, subsections f, g, i, j, k, l, and n, II, III, and IV of the preceding Article 210, in accordance with the information provided for such effect by the Operating Companies or, as the case may be, the Workers.

...

...

...

... "

" Article 217. ...

Administrators must ensure that Workers are contacted in person at least once during the first five years. Recertification through the Mobile Application and/or carried out through the Administrator's own model previously authorized by the Commission in accordance with what is established in Article 222 ter, may substitute in-person and telephone Recertification indistinctly.

The authorized model must consider the authentication factors referred to in Annex B of these general provisions.

I.

Repealed.

II.

Repealed.

Repealed. "

" Article 218. Administrators may carry out Recertification in person, through their telephone service center, via the Mobile Application, or through any other non-presential means provided that it has an authentication factor of level 3 or higher in terms of Annex B of these general provisions.

Recertification of Workers' Individual Accounts will have a validity of thirty-six months, counted from the date on which said attribute is registered in the National SAR Database. "

" Article 219.- In-person Recertification must be carried out prior to identification and authentication of the Workers and the Promoting Agent, Service Agent, Support Companies, or Financial Technology Companies, as applicable, who manage the procedure, through the use of the information contained in the Electronic File.

...

I. ...

II. That the Worker signs their full name and Biometric Signature, with which they manifest that they know its content and that it is their will to carry out the procedure, in the following documents:

a.

...

b.

...

...

...

III. Repealed;

IV. to VI. ...

... "

" Article 222.- ...

I. to III. ...

IV. Repealed.

V. ...

VI.

Register and store a voice recording containing the Worker's manifestation expressing their consent for Recertification, in accordance with the characteristics established in the Transactional Procedures Manual. Operating Companies may, at the request of the Administrator that so requests, safeguard the voice recordings without this affecting the service to the Workers.

... "

" Article 222 ter. Non-presential means other than the Mobile Application and telephone through which non-presential recertification is carried out and that Administrators implement, as the case may be, must have the authorization of the Commission. The authorization that is granted, as the case may be, will have a validity of twenty-four months, and may be renewed for equal periods. Until the Commission grants the corresponding renewal, the Administrator may not operate said model.

The Commission will have the timeframes established in the Law to resolve on authorizations, as well as to warn the Administrator to correct omissions, or clarify their request.

The means referred to in this article must establish security controls for the protection of Workers' data, as well as an authentication factor of category 3 or higher referred to in Annex B of these general provisions. "

" Article 224. Administrators must establish in their Policies and Procedures Manuals the controls that allow them to carry out the valuation and verification of Recertification files for Individual Accounts, and must keep available to the Commission information on the level of compliance with the controls provided.

I.

Repealed.

II.

Repealed.

Repealed. "

" Article 225.- ...

Likewise, Administrators that, as a result of applying their verification measures, detect Recertifications that were managed without the Worker's consent or with errors or inconsistencies, must include in their internal control program the review through statistically representative sampling of the files of all Registration, Transfer, or Recertification Requests that the Promoting Agent, Support Company, or Financial Technology Company in question or the personnel who made the call, as the case may be.

...

...

Repealed. "

" Article 227. ...

I. to III. ...

IV. That the Transfer certification is not in process at the time that Administrators request the validation of the Recertification and

V. ...

...

...

...

... "

" Article 236 . Repealed. "

Section V

Of the administration of disabled accounts

" Article 240.

...

...

Administrators, when receiving information or resources in favor of any Worker whose Individual Account has been disabled, must communicate this to the Operating Companies within the first 5 business days of the month immediately following the receipt of the resource. "

" Article 248. Administrators must attend through personalized attention in branches, via E-SAR, or via the Mobile Application, the pre-requests for transfer or permanence of the resources of their Individual Account from one Investment Society to another.

For this effect, Administrators must make available to Workers information on the requirements, timeframes, and possible risks regarding the characteristics of the transfer to be made.

Administrators must attend all pre-requests for the transfer or permanence of the resources that they receive from the Operating Companies and carry out telephone contact to obtain from the Worker the choice of the Investment Society in which they wish to invest the resources of their Individual Account. The foregoing, from the next business day following the date on which the Administrator received the information on the pre-requests for transfer or permanence and no later than the third business day following the date on which the Administrator received from the Operating Company the information on the pre-requests for transfer or permanence. This telephone contact will not be necessary for cases where the procedure has been carried out in person or through the Mobile Application.

...

...

... "

" Article 253. Repealed . "

" Article 259. ...

I. to II. ...

III. Administrators, under their responsibility, when they verify or have knowledge that an Individual Account has resources deposited that do not belong to the holder of the Individual Account or identify two or more Individual Accounts of the same Worker and

IV. ...

...

Administrators that have knowledge that it is necessary to unify or separate an Individual Account and have data that allows them to locate the Workers, must contact them so that they go to initiate the corresponding procedure. Nevertheless, even if the contact attempt is unsuccessful, they must proceed to initiate the procedure as long as the Administrator has sufficient elements to carry out the process.

...

... "

" Article 262. For the subjects referred to in subsections I, II, and III of the preceding Article 259 to initiate the procedure for the unification of Individual Accounts, they must present the following documentation to verify their identity:

I. ...

a and b. ...

c. Original of the official identification in terms of what is established in the catalog of identifications provided in Annex "D", Section "A", of these general provisions.

II. ...

a. ...

b. Original of their official identification, which may be any of those established in the catalog of identifications provided in Annex "D", Section "A", of these general provisions, and

c. ...

III. Beneficiaries who initiate the procedure for the unification of accounts must additionally present the following documents to verify their identity:

a. Original of the death certificate of the Worker holder of the Individual Accounts to be unified;

b. Original of the official identification of the Beneficiary, in terms of what is established in the catalog of identifications provided in Annex "D", Section "A", of these general provisions, and

c. Original of the document with which they prove their status as Beneficiary. "

" Article 263. For the subjects referred to in subsections I and II of the preceding Article 259, who initiate the procedure for the separation of Individual Accounts, they must present the following documentation to verify their identity:

I. ...

....

Document with which they prove the ownership of the resources of the Individual Account;

CURP Certificate, and

Original of their official identification, in terms of what is established in the catalog of identifications provided in Annex "D", Section "A", of these general provisions.

II. ...

Document with which they prove the ownership of the resources of the invasive account, which may be any of the following documents:

a) to d) ...

Worker's CURP, and

Original of their official identification, in terms of what is established in the catalog of identifications provided in Annex "D", Section "A", of these general provisions;

III. ...

Original of the death certificate of the Worker holder of the invasive account, or in its case, of the invaded account;

Original of their official identification, in terms of what is established in the catalog of identifications provided in Annex "D", Section "A", of these general provisions, and

Original of the document with which they prove their status as Beneficiary. "

" Article 274. ...

...

Administrators must deliver the documents, information, or clarifications on the Individual Accounts referred to in this article, within a maximum period of five business days counted from the day the Worker requests the corresponding document, information, or clarification, and Administrators may deliver them at the time of the request, either in their branches, send them to the email address, make them available to the Worker on their Website, or through the means that the Administrator has available for such effect with the Worker's prior authorization, or to the Worker's address that they have provided for such effect. In the case of account statements without Account Statement Folio that Workers request, Administrators must deliver them at the moment the Worker requests them.

...

...

... "

" Article 277. ...

I. Within five business days following the date of opening of the Individual Account or the liquidation of resources, as applicable, Receiving Administrators must issue and send a Registration, Transfer, or Recertification certificate to the address or email of the Worker that appears in the Registration, Transfer, or Recertification Request, as applicable, or to the means that the Administrator has available for such effect with the Worker's prior authorization, and

II. In the case of Registration, Transfer, and Recertification requests that have been "Rejected", within five business days following the date on which they receive from the Operating Companies said result, they must send to the address or email of the Worker, as applicable, or to the means that the Receiving Administrator has available for such effect with the Worker's prior authorization, a document informing them of the rejection of their request and the reasons that gave rise to it, including if the rejection was carried out by the Administrator itself as a result of its client verification processes.

Administrators must issue and send a summary of transactions in accordance with the format that the Commission determines for such effect, to the address of the Workers or the email of the Worker, as applicable, within the same timeframe in which the certificate referred to in the preceding subsection I is delivered, as follows:

a. to b. ...

... "

" Article 278. Transferring Administrators must issue a certificate of liquidation of Transfer for each Individual Account transferred and send it to the address of the Worker holder thereof or to the email, or through the means that the Administrator has available for such effect with the Worker's prior authorization, as applicable, within five business days following the transfer of the resources.

Additionally, said Administrators must keep available to the Commission information on the certificates of liquidation of Transfer that they send to the Workers. "

" Article 346. Administrators or Auxiliary Companies that receive Voluntary Savings contributions, through any of the means provided in the preceding Article 337, must issue a receipt of acknowledgment in accordance with the characteristics, guidelines, and technical criteria agreed with the Operating Companies, as well as, as the case may be, those established by the Commission for such effect. The receipts of acknowledgment must contain at least, the name or CURP of the Worker, as well as the amount and type of Voluntary Savings contribution being made; this last requirement may be excluded for the case of Voluntary Contributions received abroad through Auxiliary Companies contracted for such effect by the Administrators or the Operating Companies by mandate of the latter.

... "

" Article 346 bis. In the event that the Auxiliary Company that receives Voluntary Savings contributions does not generate a receipt of acknowledgment with the minimum information described in the preceding article, the respective Administrator must generate it and send it to the Worker through any contact medium available to them. "

" Article 347. Repealed. "

" Article 348. Repealed. "

" Article 419.- For the case of partial withdrawals, the Worker who goes to an Administrator must present the pre-request for disposition of resources for marriage assistance or Partial Withdrawal due to Unemployment that they have carried out through E-SAR accompanied by the documentation that, as the case may be, the Administrators and the Social Security Institutes establish, in the form and terms that for such effect said Institutes establish, as applicable to each case.

The documentation accompanying the request for disposition of resources must be presented in original, so that the Administrators carry out the corresponding digitization and it is kept in the Worker's file.

... "

Section VIII

Of Partial Withdrawals due to Unemployment and Marriage Assistance

" Article 423. Administrators must make available to Workers the requests for Partial Withdrawals due to Unemployment and marriage assistance, which contain at least, the following information, as applicable:

I.

...

II.

For the case of requests for Partial Withdrawals due to Unemployment of Workers affiliated with the IMSS, the Modality of the Partial Withdrawal due to Unemployment benefit requested and the Form of Payment must be incorporated, in accordance with what is provided in Article 191 subsection II of the Social Security Law.

III.

Repealed.

IV.

As applicable, the data of the Worker's bank account in which the deposit of the resources must be made, or the data for the payment order, and

V.

The Biometric Signature for in-person requests. For non-presential cases, the Biometric Signature or, as the case may be, the evidence of the validation and authentication of the Worker's identity.

Administrators must verify that the data entered in the request are complete and correspond to the information the Worker provides at the time of carrying out the procedure.

Additionally, Administrators must collect from the Worker for in-person requests, the Unique Service Key corresponding to the pre-request for disposition of resources that the Worker has obtained through E-SAR. "

" Article 424. To process a request for Partial Withdrawals due to Unemployment or marriage assistance before the Operating Companies, Administrators must comply, previously, with the following requirements:

I. That the worker has carried out the pre-request for Partial Withdrawal due to Unemployment or marriage assistance referred to in subsections VIII and IX of Article 9 of these general provisions.

The Request for Partial Withdrawal due to Unemployment or marriage assistance may be carried out through the non-presential means that the Administrator makes available to the worker, with prior authorization of the Commission, and must have an authentication factor of category 3 or higher, in terms of Annex B of these provisions, in addition to complying with what subsections III, IV, and V of this article establish.

II. to IV. ...

V. Ensure that the Worker has the right to disposition and that, in the case of Partial Withdrawal due to Unemployment for workers affiliated with the IMSS, they sign in the request the type of withdrawal they are requesting;

VI. Ensure that the Worker signs their full name, Biometric Signature or, as the case may be, the validation and authentication of the Worker's identity, with which they manifest that they know its content and that it is their will to carry out the procedure; likewise, Administrators must:

a. Ensure that the request for Partial Withdrawals due to Unemployment or marriage assistance presented to Workers via Electronic Means adheres to the guidelines determined for such effect by the Commission.

b. Include in the requests for Partial Withdrawals due to Unemployment an annex where the Worker manifests that they know and are aware of the implications of the withdrawal on the resources accumulated in their Individual Account and in the weeks of contribution accredited before the Social Security Institutes, in accordance with what is provided in the Social Security Laws and in accordance with the formats and criteria that the Commission determines for such effect on the request for Partial Withdrawals due to Unemployment;

VII. ... "

" Article 425. The operations area of the Administrator must carry out a valuation on the integration of the file of the Partial Withdrawal due to Unemployment in question, in order to verify that the request complies with the requirements provided in this section; additionally, Administrators must establish the mechanisms and controls necessary to ensure and guarantee that the information of the request for Partial Withdrawals due to Unemployment is the same as that with which the resolution is obtained before the IMSS or ISSSTE, as applicable.

Administrators, once they comply with the requirements provided in the preceding Article 424, must send to the Operating Companies, electronically, the information, data, and elements of the requests for Partial Withdrawals due to Unemployment or marriage assistance no later than within ten business days from the date of signature of the request for Partial Withdrawal due to Unemployment or marriage assistance. "

" Article 426. Operating Companies must validate the consistency between the information provided by the Administrator and that registered in the National SAR Database. In the event that the previous validations are successful, the Operating Companies, on the same day they receive from the Administrator the request for consultation of the right to Partial Withdrawal due to Unemployment or marriage assistance, must send to the IMSS or ISSSTE, as applicable, the information, data, and elements of the requests to obtain the resolution of the IMSS or ISSSTE on the feasibility of the partial withdrawal.

Operating Companies, no later than the next business day after receiving the resolution of the IMSS or ISSSTE, as applicable, regarding the feasibility of the Worker's request for Partial Withdrawals due to Unemployment in question, must send to the Administrator the resolution that the IMSS or ISSSTE has issued and the certificate thereof.

For cases in which Administrators do not successfully conclude the procedure within the timeframe indicated in these Provisions, they must inform the Operating Companies no later than the third business day following the end of the timeframe. Operating Companies, on the same day they receive the notice from the Administrators, will inform the IMSS or ISSSTE, as applicable, that it was not possible to conclude the procedure for the Partial Withdrawal in question, thereby rendering the resolution and certificate issued by the same ineffective, avoiding at all times the affectation of the Workers' rights. "

" Article 427. Administrators must inform Workers of the result of the request for Partial Withdrawals due to Unemployment or marriage assistance, within three business days following, and, if applicable, must make the corresponding payments, in accordance with what is provided in the Social Security Law 97 or the ISSSTE Law, as applicable and these general provisions.

In the case of Workers affiliated with the IMSS who request the Partial Withdrawal due to Unemployment and who opt for the benefit provided in Article 191 subsection II, subsection a) of the Social Security Law 97, Administrators must make the corresponding payment, within a maximum period of 5 business days from the receipt by the Administrators of the resolution and certificate that the IMSS has issued in accordance with what is provided in the second paragraph of Article 426 above.

In the case of Workers affiliated with the IMSS who request the Partial Withdrawal due to Unemployment and who opt for the benefit provided in Article 191 subsection II, subsection b) of the Social Security Law 97, Administrators must make the corresponding payment, within a maximum period of five business days from the receipt"

by the Administradoras of the resolution and the certificate issued by the IMSS as provided for in the second paragraph of the previous Article 426 and in the following Article 428.

The Administradoras, within the 15 business days following the resolution of rights by the IMSS or ISSSTE, as applicable, referred to in the previous Article 426, must inform the Operating Companies about the payments referred to in this article.

" Article 428. In the case of Workers affiliated with the IMSS who opt for the benefit provided in Article 191, fraction II, subsection b) of the Social Insurance Law 97, the Administradoras must make the corresponding payments according to the instructions indicated by the Worker in the Partial Withdrawal for Unemployment request, in a maximum of six monthly installments, with proportional amounts, the first of which may be up to an amount of thirty days of their last base salary for contribution, provided that the Worker has not returned to work during the delivery period of the resources.

...

For such cases, the Administradoras must authenticate the Worker's identity and carry out the obtaining of the declaration that the Worker's unemployment status persists, starting from the use of the Mobile Application or any other non-presential means made available by the Administradora and authorized by the Commission.

...

In the event that the Worker cannot or does not wish to use the Mobile Application, they may appear before the Administradora to declare, or record through the non-presential electronic means made available by the Administradora, under oath, that their unemployment status persists, within the five natural days prior and five natural days following the date on which the payment of the next monthly installment is due. Likewise, the Administradoras must verify with the IMSS, through the Operating Companies, the Worker's unemployment status. The non-presential electronic means used by the Administradora for the purposes of this paragraph must have an authentication factor of category 3 or higher in terms of Annex B of these provisions and must have the authorization of the Commission.

...

... "

" Article 448. ...

Repealed.

Repealed. "

" Article 464 bis. The Administradoras and the Operating Companies must at all times keep updated and valid the Digital Certificates of at least two of their legal representatives, their Regulatory Controllers and Authorized Officials, as applicable. In this regard, they must inform the Commission of the corresponding updates so that they take effect in the systems of both the Central Entity and the Commission itself. "

" TRANSITORY PROVISIONS

...

ARTICLE EIGHTH. Repealed. "

... "

" ANNEX A

ADMINISTRATION CONTRACT FOR RETIREMENT FUNDS

The administration contract for retirement funds is that by which an Administradora obligates itself before a Worker to provide them with services for the administration of the resources of their Individual Account; to purchase, in their name and representation, and on their behalf and order, using the resources of their Individual Account, Shares of Investment Societies; and to act as custodian of said Shares.

The administration contract for retirement funds must be included in the Registration and Transfer Requests, as an integral part of such requests, where it must be signed for its formalization.

The administration contract for retirement funds must be in Electronic Means and be signed by the Worker and by the legal representative or attorney(s) designated by the Administradora, through the use of Electronic, optical and/or any other technology, provided that the information generated or communicated in its entirety, through said means, is attributable to the parties and accessible for subsequent consultation. The lack of the signature of the representative or attorney of the Administradora will not affect the validity of the contract.

... "

" ANNEX E

REQUIREMENTS THAT THE REQUESTS FOR REGISTRATION, TRANSFER AND RECERTIFICATION MUST CONTAIN

...

I. ...

II. Contain themselves in a maximum of one page, without considering the administration contract for retirement funds nor the information related to the exclusive internal use of the Administradora;

III. to IV. ...

... "

ANNEX I

VALIDATION AND DELIVERY OF CERTIFICATE FOLIO FOR TRANSFER

Repealed.

TRANSITORY PROVISIONS

ARTICLE FIRST. These modifications and additions to the general provisions in the matter of operations of the retirement savings systems, 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 bis fraction IV of Article 168 of these modifications and additions, will enter into force 60 business days after the publication of these modifications and additions.

The modifications and repealing actions related to the elimination of the Certificate Folio for Transfer, will enter into force 180 business days counted from the business day following the publication of these modifications and additions;

II.

The administration contracts for retirement funds may continue to be used separately from the Registration and Transfer Requests, until July 31, 2020.

ARTICLE SECOND. With the entry into force of these general provisions, all those provisions that are contrary to this regulation are repealed.

ARTICLE THIRD. The Administradoras that have an electronic model to generate a folio that replaces the Statement Folio and the digitized image of the statement in Transfer procedures in accordance with the Eighth Transitory Article of the General Provisions in the matter of operations of the retirement savings systems, published in the Official Gazette of the Federation on December 28, 2015, with its respective subsequent modifications and additions, which is repealed, may continue to operate them until the validity granted for such effect by the Commission concludes.

ARTICLE FOURTH. The Operating Companies must send to the Commission the modifications and updates to the Transactional Procedures Manual, within the 90 business days following the publication of these general provisions in the Official Gazette of the Federation.

Mexico City, May 7, 2020. - The President of the National Commission for the Retirement Savings System, Abraham E. Vela Dib .- Rubric.

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