Order suspending deadlines for institutions and persons subject to supervision by the National Commission of Insurance and Bonds due to the COVID-19 coronavirus — SHCP — MX

DOF: 07/04/2020

ORDER suspending deadlines for the attention of institutions and persons subject to supervision by the National Commission of Insurance and Bonds, due to the coronavirus named COVID-19

A seal with the National Coat of Arms, which reads: United Mexican States.- TREASURY.- Ministry of

Public Finance and Public Credit.- National Commission of Insurance and Bonds.

RICARDO ERNESTO OCHOA RODRÍGUEZ, President of the

National Commission of Insurance and Bonds,

based on the provisions of Articles 1, third paragraph, 4, fourth paragraph, 73, fraction XVI, Bases

1st to 3rd, 90, first paragraph, of the Political Constitution of the United Mexican States; as well as 366,

fraction II, 372, fractions I and II and 381 of the Law of Insurance and Bond Institutions, 9 and 48 of the

Internal Regulations of the National Commission of Insurance and Bonds; and

CONSIDERING

That the World Health Organization declared on March 11, 2020, as a global pandemic the

coronavirus named SARS-CoV2 (COVID-19)

since it is highly contagious and poses a risk to health and

even the lives of the population, both cases guaranteed as Human Rights in our Constitution

Political Constitution of the United Mexican States, particularly derived from its long incubation period that

even being infectious, is asymptomatic, and since it is not obvious it encourages infected individuals

to continue with their usual activities in coexistence with others, potentiating the geometric growth of the

impact of the virus.

That the General Health Council, in its Extraordinary First Session held on March 19

of 2020, recognized the pandemic caused by the virus named SARS-CoV2 (COVID-19) in Mexico, as a

serious disease of priority attention, contemplating for this purpose the adoption of preventive measures,

including those for closed and open spaces aimed at mitigating the risk of community transmission

of the virus, which consequently implies and for all effects that this is a situation of

force majeure.

That on March 24 of the current year, it was published in the Official Gazette of the Federation the Order by which

the Constitutional President of the United Mexican States sanctioned in turn the Order published

on the same date, by the Ministry of Health, in which the preventive measures that

must be implemented to mitigate and control the health risks implied by the disease caused by the

virus named SARS-CoV2 (COVID-19); all of this under the shelter of the powers of the Executive and

especially, with regard to the Extraordinary Action in matters of General Health provided for in

Art. 181 of the General Health Law, considering the health authority as executive and ordering

obedience to all administrative authorities of the country. Within these preventive measures, the Order

issued by the Ministry of Health orders in its Second Article, subsection c) "Temporarily suspend the

activities of the sectors

public, social and private that involve physical concentration, transit or

movement of people from the entry into force of this Order and until April 19, 2020",

instructing that the Departments and Entities of the Federal Public Administration identify the

essential functions of each institution, in order to guarantee their continuity, as well as coordinate with the

mentioned Ministry of Health regarding the measures being implemented for such effect.

Likewise, it was established that in the private sector companies, businesses,

commercial establishments and all those that prove necessary to face the contingency will continue to work,

among others, financial services, provided they do not correspond to closed spaces with

crowds.

That on March 30, 2020, it was published in the Official Gazette of the Federation the Order by which

a health emergency is declared due to force majeure, for the epidemic of disease generated by the

virus SARS-CoV2 (COVID-19). Said order is in effect until April 30, 2020.

That in view of the above, Insurance and Bond Institutions, as well as other persons

subject to the inspection and surveillance of the Commission have adopted multiple mechanisms to ensure the

continuity of the financial services they provide, but under the limitations and restrictions of operation

derived from the contingency.

That the Commission is the decentralized body of the Federal Public Administration empowered to issue,

within the scope of its competence, the general provisions to which Insurance Institutions

and Bonds and other persons subject to supervision by the Commission must adhere.

That it is necessary to inform Insurance and Bond Institutions and other persons subject to

supervision by the Commission, the determinations adopted by this decentralized body as

a consequence of the health contingency resulting from the outbreak of the coronavirus named COVID-19, therefore

it has resolved to issue the following:

ORDER SUSPENDING DEADLINES FOR THE ATTENTION OF INSTITUTIONS AND

PERSONS SUBJECT TO SUPERVISION OF THE NATIONAL COMMISSION OF INSURANCE AND BONDS, DUE

to the CORONAVIRUS NAMED COVID-19

FIRST. From

the date of publication of this Order in the Official Gazette of the Federation

and until April 30, 2020,

the deadlines regarding procedures and proceedings that are in

course, are carried out or must be carried out before this Commission are suspended, with the exception of those indicated in the Second

Order of this Order. During this period, the deadlines established by the applicable

regulations will not run and will be considered as non-working days for the respective legal effects.

Likewise, deadlines referring to various requests for authorization or

registrations before this Commission are suspended. Regarding the endorsement of authorizations for agents, natural persons or

attorneys-in-fact of agents, legal persons, the provisions of the Modifying Circular 4/20 of the Sole

Insurance and Bonds published in the Official Gazette of the Federation on March 27, 2020, will apply.

The period contemplated in this Order will also apply to the deadlines established for

the Commission to take knowledge or resolve what is appropriate regarding procedures or proceedings of its

competence.

Consequently, on the next business day following the end of the period indicated in the first

paragraph of this First Order, the computation of the deadlines provided for in the applicable

regulations will continue.

SECOND.

The suspension of deadlines will not apply to Regularization Plans nor to the

Self-Correction Programs contemplated in Articles 320, 321 and 322 of the Law of Insurance and Bond Institutions, respectively.

Nor will it apply to the information that must be provided to Insurance Institutions, Bond

Institutions and other persons subject to supervision by the Commission, regarding requests for information,

recommendations or requirements issued or issued by the Commission during the validity of this

Order and that are linked to the health contingency.

With regard to the obligations of Insurance Institutions, Bond Institutions and other

persons subject to supervision by the Commission consisting of the sending of information or Regulatory Reports, the period indicated in the first paragraph of the First Order will only be applicable to Regulatory Reports 1, 6, 8, 9 and 12 of Title 38 of the Single Circular of Insurance and Bonds.

THIRD. This Order and the acts derived from it do not constitute a temporary

or definitive limitation of the attributes and powers that the laws confer on the Commission, nor will they generate greater

rights or benefits for the Institutions and persons subject to supervision by the Commission, than those that

expressly and by virtue of the contingency, are defined by the Commission, being able to request the information

that it requires at any time and instruct what is appropriate in the exercise of its powers.

FOURTH.

It is communicated that the personnel of this decentralized body continues to carry out its work

observing the provisions of the ORDER by which the preventive measures that

must be implemented to mitigate and control the health risks implied by the disease caused by the

virus SARS-CoV2 (COVID-19), published in the Official Gazette of the Federation on March 24, 2020.

TRANSITORY PROVISIONS:

FIRST.

Publish in the Official Gazette of the Federation.

SECOND. With regard to the information that must be presented physically before this

Commission, the official email address oficialiadepartes@cnsf.gob.mx is temporarily authorized and while the health contingency lasts for its receipt.

THIRD. This Order will take effect from the date of its publication in the Official

Gazette of the Federation and until April 30, 2020, and may be extended to the extent that the

public health contingency continues.

Respectfully

Mexico City, April 2, 2020.- The President of the Commission

National Commission of Insurance and Bonds,

Ricardo Ernesto Ochoa Rodríguez.- Signature.

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