2021-03-19 | DOF 5613995Added · Updated
The National Commission of Insurance and Sureties extends the validity of provisional agent authorizations that expired on or after April 7, 2020, keeping them in force until the Commission determines otherwise via publication in the Official Gazette. This measure applies to provisional agents whose initial eighteen-month training period concluded during the health emergency period. The modification enters into force the day after its publication in the Official Gazette of the Federation.
DOF: 19/03/2021
MODIFYING CIRCULAR 3/21 OF THE SINGLE INSURANCE AND SURETY CIRCULAR
A seal with the National Emblem appears on the margin, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- CNSF.
CIRCULAR
MODIFYING
3/21
OF THE
SINGLE
INSURANCE
AND
SURETY
CIRCULAR
(Transitory Eighty-Second Provision)
The National Commission of Insurance and Sureties, based on the provisions of articles 91, 92, 93, 94, 366, fraction II, 372, fractions VI, XXII and XLII, 373 and 381 of the Law of Insurance and Surety Institutions, and
CONSIDERING
That article 20 of the Regulations on Insurance and Surety Agents provides that the National Commission of Insurance and Sureties may authorize, provisionally, only once and for a maximum period of eighteen months, to act as agents, natural persons who are undergoing training by the Institutions, provided that the latter so request, holding them responsible for damages caused to third parties in the performance of the intermediation activities they carry out.
That Provision 32.2.1 of the Single Insurance and Surety Circular states that the authorization to carry out the activity of Provisional Agent will be issued, at the request of the interested Institution, to natural persons who have concluded a theoretical propaedeutic training and who meet the requirements established in provision 32.2.2 of the aforementioned Circular.
That on March 30, 2020, the General Health Council published in the Official Gazette of the Federation the "Agreement declaring the epidemic of disease caused by the SARS-CoV2 virus (COVID-19) as a health emergency due to force majeure", stating that the Ministry of Health would determine the actions necessary to address said emergency.
That on March 31, 2020, the Ministry of Health published in the Official Gazette of the Federation the "Agreement establishing extraordinary actions to address the health emergency generated by the SARS-CoV2 virus (COVID-19)", through which, among other measures, the immediate suspension of non-essential activities in the public, social and private sectors was ordered, which was modified through publication made in the Official Gazette of the Federation on April 21, 2020.
In this context, this National Commission of Insurance and Sureties published in the Official Gazette of the Federation on April 7, May 4 and 29, June 30 and July 16, 2020, various Agreements by which deadlines were suspended regarding procedures and processes for the attention of insurance and surety institutions and other persons subject to its supervision until July 31, 2020, due to the health emergency.
That on May 14, 2020, the Ministry of Health published in the Official Gazette of the Federation the "Agreement establishing a strategy for the reopening of social, educational and economic activities, as well as a regional traffic light system to evaluate weekly the epidemiological risk related to the reopening of activities in each federal entity, as well as establishing extraordinary actions", which was modified through Agreement published in the same medium of dissemination on May 15, 2020.
This Agreement aims to establish a strategy for the reopening of social, educational and economic activities, as well as a regional traffic light system to evaluate weekly the epidemiological risk related to the reopening of activities in each federal entity, as well as establishing extraordinary actions.
Stating that in its Second Article it was established that the reopening of activities would be done gradually, orderly and cautiously.
That in Mexico City, seat of the National Commission of Insurance and Sureties, on May 20, 2020, the Government of Mexico City announced the Gradual Plan towards the new normality in Mexico City, which establishes the implementation of a staggered return that prioritizes the right to health to contain the coronavirus COVID-19 pandemic and avoid new outbreaks of contagion, with the purpose of generating a healthy life and coexistence based on an Epidemiological Traffic Light with four colors: red, orange, yellow and green, for the staggered reopening of various activities.
That based on the Gradual Plan towards the new normality, this Decentralized Body published in the Official Gazette of the Federation on August 3, 2020, the "AGREEMENT establishing deadlines for the continuity of procedures and the resolution of procedures within the competence of the National Commission of Insurance and Sureties during the duration of the health contingency", in order to provide certainty in the attention of matters within its competence until such time as the health authorities determine that the health contingency has concluded, establishing for such effects deadlines for the attention of procedures and processes according to the color of the epidemiological traffic light.
That in view of the foregoing, this Commission, in order to reduce the mobility and congregation of people within its service offices, has considered issuing the following modification to the Single Insurance and Surety Circular in the terms specified below:
MODIFYING CIRCULAR 3/21 OF THE SINGLE INSURANCE AND SURETY CIRCULAR
(Transitory Eighty-Second Provision)
SINGLE.- Provision Transitory Eighty-Second is added to the Single Insurance and Surety Circular, to read as follows:
EIGHTY-SECOND.- Authorizations for provisional agents whose validity has concluded from April 7, 2020, will remain in force until this Commission determines otherwise through publication made in the Official Gazette of the Federation.
TRANSITORY SINGLE.- This Modifying Circular will enter into force the day after its publication in the Official Gazette of the Federation.
The foregoing is made known to you based on articles 91, 92, 93, 94, 366, fraction II, 372, fractions VI, XXII and XLII, 373 and 381, of the Law of Insurance and Surety Institutions.
Respectfully
Mexico City, March 12, 2021. - The President of the National Commission of Insurance and Sureties, Ricardo Ernesto Ochoa Rodríguez. - Signature.
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