Modifying Circular 12/16 of the Single Insurance and Surety Circular — SHCP — MX

DOF: 28/06/2016

Modifying Circular 12/16 of the Single Insurance and Surety Circular

A seal with the National Coat of Arms appears at the margin, which reads: United Mexican States.- Ministry of Finance and Public Credit.- National Insurance and Sureties Commission.

MODIFYING CIRCULAR 12/16 OF THE SINGLE INSURANCE AND SURETY CIRCULAR

(Articles 36.1.1. and 36.2.2.)

The National Insurance and Sureties Commission, based on the provisions of articles 366, fraction II, 372, fractions VI and XLII, 373 and 381 of the Law of Insurance and Surety Institutions, and

CONSIDERING

That in accordance with what is provided in articles 109, 110 and 111 of the Law of Insurance and Surety Institutions, the National Insurance and Sureties Commission has the authority to grant registration as adjusters, in adhesion insurance contracts, to natural persons who so request.

That Article 36.2.1. of the Single Insurance and Surety Circular establishes that the Insurance Adjusters Register will be composed of various data, among which are the Unique Population Registry Key, when applicable, and the Federal Taxpayer Registry of the adjusters who appear in said Register.

That Article 36.2.2. of the Single Insurance and Surety Circular states that insurance users, as well as insurance institutions and mutual insurance societies and the general public, may consult the Insurance Adjusters Register on the website of the National Insurance and Sureties Commission.

That in accordance with the criteria sustained by the competent authorities in matters of personal data protection, the National Insurance and Sureties Commission is prevented from publishing the Unique Population Registry Key and the Federal Taxpayer Registry in the aforementioned Register, since these contain personal data concerning the natural person in question, which, in terms of what is provided in the Federal Law of Transparency and Access to Government Public Information, in relation to what is provided in the second paragraph of the Second Transitional Provision of the Federal Law of Transparency and Access to Government Public Information in force, refers to information of a confidential nature.

That the National Insurance and Sureties Commission, as a subject obliged to observe the Federal Law of Transparency and Access to Government Public Information and in order to provide the protection of personal data referred to in the aforementioned Law, with respect to the persons who appear in the Register of Insurance Adjusters, as well as those who intend to obtain their registration as adjusters before the aforementioned Commission, has deemed it necessary to eliminate both means of personal identification from the aforementioned Register, making known the data that will be published on its website.

That in order to provide legal certainty for persons interested in obtaining their registration before the National Insurance and Sureties Commission as insurance adjusters, a grammatical clarification is made that the aforementioned register will be "granted" in terms of Article 36.1.1. of the Single Insurance and Surety Circular and other applicable provisions of said legislation and not "issued" as is currently provided.

For the foregoing, this Commission has resolved to issue the following modification to the Single Insurance and Surety Circular in the following terms:

MODIFYING CIRCULAR 12/16 OF THE SINGLE INSURANCE AND SURETY CIRCULAR

(Articles 36.1.1. and 36.2.2.)

SOLE.- Articles 36.1.1. and 36.2.2. of the Single Insurance and Surety Circular are modified, to read as follows:

36.1.1.

The registration before the Commission to carry out the activity of insurance adjusters related to adhesion contracts referred to in article 111 of the LISF (hereinafter, "Insurance Adjuster"), will have a validity of three years and will be granted at the request of the interested party, of the legal entity for which the interested party provides their services, or of an Insurance Institution or Mutual Society for which they provide their services independently without an employment relationship with the same through commercial contracts or the establishment of employment relationships in terms of article 20 of the Federal Labor Law.

... I ...

II ...

III ...

IV ...

V ...

a) ...

b) ...

c) ...

d) ...

e) ...

...

36.2.2.

Insurance Users, as well as Insurance Institutions, Mutual Societies and the general public, may consult the Register of Insurance Adjusters on the Commission's Website, regarding the data provided in fractions I to III of Article 36.2.1.

TRANSITIONAL

SOLE.- This Modifying Circular will enter into force the day following its publication in the Official Gazette of the Federation.

This is made known to you, based on articles 366; fraction II, 372, fractions VI and XLII, 373 and 381 of the Law of Insurance and Surety Institutions.

Respectfully,

Effective Suffrage. No Re-election.

Mexico City, June 21, 2016. - The President of the National Insurance and Sureties Commission, Norma Alicia Rosas Rodríguez. - Rubric.

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