Rule · CNBV · 1 Jul 2001
This law establishes the Banco del Bienestar as a national credit society and development banking institution with its own legal personality, defining its social banking objectives to promote financial inclusion, savings, and equitable access to financing for underserved sectors. It outlines the institution's authorized operations, including acting as a financial agent for the federal government, managing social program resources, and issuing financial products, while specifying that the Federal Government guarantees its operations. The law details the capital structure, divided into Series A and B shares, and establishes a nine-member Board of Directors comprising representatives from the Ministry of Finance, the Bank of Mexico, and independent members to oversee administration.
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTATES OF THE HONORABLE CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Amendment DOF 07-19-2019 ORGANIC LAW OF THE BIENESTAR BANK (Previously "Organic Law of the National Savings Bank and Financial Services") New Law published in the Official Journal of the Federation on June 1, 2001 CURRENT TEXT Last amendment published DOF 07-19-2019 On the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- Presidency of the Republic.
VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants be it known:
That the Honorable Congress of the Union has seen fit to direct to me the following
DECREE
"THE CONGRESS OF THE UNITED MEXICAN STATES, DECREES:
ORGANIC LAW OF THE BIENESTAR BANK
Denomination of the Law amended DOF 07-19-2019
CHAPTER I
Denomination, definitions, object and domicile
Article 1.- This Law governs the Bienestar Bank, with the status of National Credit Society, Development Banking Institution, with its own legal personality and assets.
Article amended DOF 07-19-2019
Article 2.- For the purposes of this Law, the following shall be understood:
Paragraph amended DOF 02-23-2005
I. Law: The Organic Law of the Bienestar Bank;
Fraction amended DOF 07-19-2019
II. Ministry: The Ministry of Finance and Public Credit;
III. Institution: The Bienestar Bank, National Credit Society, Development Banking Institution, and
Fraction amended DOF 07-19-2019
IV. Sector: That formed by natural and legal persons who, in accordance with the criteria defined by the Board of Directors, have limited access to financial services due to their socioeconomic condition or geographic location, and to the legal persons referred to in the Popular Savings and Credit Law and the Law for Regulating the Activities of Savings and Loan Cooperatives.
Fraction amended DOF 02-23-2005, 01-10-2014
Article 3.- The Bienestar Bank, National Credit Society, Development Banking Institution, shall perform social banking functions, for which its purpose shall be to promote and facilitate savings, access to financing on equitable conditions, financial inclusion, the use and promotion of technological innovation in order to ensure better conditions for the members of the Sector, the gender perspective and investment among the members of the Sector, offer first and second-tier financial instruments and services among them, channel the necessary financial and technical support to promote the use of financial products and services that address the needs of the Sector and that promote the adoption of innovative business models and financial technologies that impact the healthy development of the Sector and, in general, that the activity of the Institution contributes to economic development at the national and regional level, provide technical assistance and training to the members of the Sector, as well as disperse the resources destined for subsidies and programs subject to operating rules of the dependencies and entities.
Paragraph amended DOF 01-10-2014, 07-19-2019
The Bienestar Bank, National Credit Society, Development Banking Institution, may operate under any trade name.
Paragraph added DOF 01-10-2014. Amended DOF 07-19-2019
The operation and functioning of the Institution shall be carried out in compliance with the applicable legal framework and sound banking practices and usages to achieve, in collaboration with the Sector, the general objectives set forth in Article 4 of the Credit Institutions Law.
Article 4.- The domicile of the Institution shall be Mexico City. It may establish, close or relocate branches or agencies or any other kind of offices and appoint correspondents in the country or abroad, informing the Ministry. In the case of the establishment of branches, agencies and offices abroad, it must have authorization from the same.
Article amended DOF 02-23-2005, 07-19-2019
Article 5.- The duration of the Institution shall be indefinite.
Article 6.- The operations, services and investments of the Institution shall be governed by what is provided in this Law, the Credit Institutions Law, the Bank of Mexico Law and by the other applicable legal provisions.
Paragraph amended DOF 02-23-2005
The Ministry shall interpret this Law for administrative purposes.
CHAPTER II
Objectives and operations
Article 7.- The Institution, as social banking, in order to promote the development of the Sector and promote its efficiency and competitiveness, in the exercise of its object shall be authorized to:
Paragraph amended DOF 01-10-2014
I. Promote, manage and finance projects that, in compliance with its object, address the needs of the Sector in the different zones of the country and that promote the best use of the resources of each region;
Fraction amended DOF 02-23-2005, 01-10-2014
II. Promote, channel and coordinate the investment of capital in the Sector;
III. Promote technological development and the adoption of novel models in terms of the Law for Regulating Financial Technology Institutions, training, technical assistance, the increase in productivity and the well-being of the members of the Sector, being able to exercise the powers that are indispensable or necessary for this purpose;
Fraction amended DOF 02-23-2005, 01-10-2014, 07-19-2019
IV. Be a financial agent of the Federal Government with respect to the negotiation, contracting and management of external credits, whose objective is to promote the development of the Sector, which are granted by foreign private, governmental or intergovernmental institutions, as well as by any other international financial cooperation organism.
Credits for monetary purposes are not included in this provision;
V. Manage and, where appropriate, obtain concessions, permits and authorizations for the provision of services linked to the achievement of its object, ensuring at all times to benefit the Sector;
Fraction amended DOF 01-10-2014
VI. Carry out the necessary economic, social and financial studies for the development of the Sector;
VII. Promote joint financing actions, novel models in terms of the Law for Regulating Financial Technology Institutions and assistance with other credit institutions, development funds, trusts, credit auxiliary organizations, with the indigenous, social and private sectors and with the members of the Sector;
Fraction amended DOF 08-01-2005, 01-10-2014, 07-19-2019
VIII. Be administrator and trustee of trusts, mandates and commissions that are constituted for the adequate performance of its object;
Fraction amended DOF 02-23-2005
IX. Promote, facilitate, manage and finance all kinds of projects, operations and activities that address the needs for financial, technological, training, advisory, financial risk management, innovation services, among others, of the members of the Sector;
Fraction amended DOF 02-23-2005, 01-10-2014
X. Participate in the activities inherent to the promotion and formation of the Sector;
Fraction added DOF 02-23-2005. Amended DOF 01-10-2014, 07-19-2019
XI. Design and execute programs that promote savings, investment and the adoption of electronic payment methods within indigenous communities, with the support of the Sector;
Fraction added DOF 08-01-2005. Amended DOF 01-10-2014, 07-19-2019
XII. Distribute and report the resources of social programs of dependencies and entities in accordance with the applicable regulations, as well as the respective operating rules;
Fraction added DOF 07-19-2019
XIII. Design and execute programs that promote the savings and investment of the members of the Sector;
Fraction added DOF 07-19-2019
XIV. Design and offer credit, investment and savings products for the Sector, as well as provide financial services and develop the novel models provided for in the Law for Regulating Financial Technology Institutions;
Fraction added DOF 07-19-2019
XV. Sign coordination agreements in compliance with the applicable regulations, to include financial services of the programs and products designed by the Institution, and
Fraction added DOF 07-19-2019
XVI. Disseminate through its advertising and propaganda programs, the financial products designed by the Institution.
Fraction added DOF 07-19-2019
The Institution must have the necessary infrastructure for the adequate provision of services and the performance of operations, in the different regions of the country and, where appropriate, abroad.
Article 8.- For the fulfillment of the object and the realization of the objectives referred to in the preceding articles 3 and 7, the Institution may:
I. Carry out the operations and provide the services referred to in Article 46 of the Credit Institutions Law;
The operations indicated in the aforementioned Article 46, fractions I and II, shall be carried out under the terms of Article 47 of said instrument;
II. Establish savings and credit plans, as well as digital networks, that allow the inclusion of financial services and the promotion of resource capture;
Fraction amended DOF 07-19-2019
III. Issue or guarantee securities, as well as guarantee third-party obligations, either through particular operations or through massive guarantee programs, without the limitations provided in Article 46 fraction VIII of the Credit Institutions Law being applicable;
IV. Contract credits for the performance of its development functions, in accordance with the applicable legal provisions;
V. Acquire technology, promote its development and transfer it in accordance with what is provided by the applicable laws. Likewise, provide financial, technological, training, advisory, financial risk management services, among others, to the Sector, as well as to those third parties interested in acquiring said services, contributing to the development of the Institution and the popular savings and credit sector, through the reduction of costs and/or the generation of income;
Fraction amended DOF 02-23-2005
VI. Issue participation certificates based on trusts constituted for this purpose;
VII. Grant financing to public development funds and trusts;
VIII. Conduct raffles in accordance with the general operating rules authorized by the Ministry;
Fraction amended DOF 02-23-2005
IX. Participate in the social capital of pension fund management companies and in the capital of specialized investment companies for pension funds, as well as provide them with services, in order to streamline their operation and reduce their costs;
Fraction added DOF 02-23-2005
X. Invest in the social capital of companies or legal persons that provide services to the Institution, the Sector, as well as to third parties who are interested in acquiring the same;
Fraction added DOF 02-23-2005
XI. Act as a clearing house and liquidator of the operations carried out by the Popular Savings and Credit Entities and as a representative of said Entities in any other clearing house, or entity that carries out the functions of clearing and/or liquidation referred to, subjecting the performance of both operations to the provisions that, where appropriate, are issued by the Bank of Mexico;
Fraction added DOF 02-23-2005
XI Bis. Carry out the investments provided for in Articles 75, 88 and 89 of the Credit Institutions Law;
Fraction added DOF 01-10-2014
XII. Participate in the social capital of investment companies, as well as of companies operating them, and in the capital of companies distributing shares, in addition to providing the service of distributing shares to own or third-party investment companies;
Fraction added DOF 02-23-2005. Amended DOF 07-19-2019
XIII. Promote consumer credit, considering optimal financial conditions that allow reach and support for the Sector, in order to comply with financial inclusion and under the considerations that the Board of Directors deems appropriate;
Fraction moved DOF 02-23-2005. Amended DOF 07-19-2019
XIV. Act as trustee in trusts issuing stock certificates under the terms of the provisions of the Securities Market Law;
Fraction added DOF 07-19-2019
XV. Receive mandates to administer third-party resources, and
Fraction added DOF 07-19-2019
XVI. Carry out other operations and services of an analogous or connected nature that are authorized and regulated by the Ministry, hearing the opinion of the Bank of Mexico and the National Banking and Securities Commission.
Fraction added DOF 07-19-2019
Article 8 Bis.- The Institution may be the custodian of the titles, securities or cash sums that have to be made by or before the administrative or judicial authorities of the Federation and by or before the administrative authorities of Mexico City, as well as of the cash sums, titles or values, that are seized by the judicial or administrative authorities of the Federation and those that are seized by the administrative authorities of Mexico City.
Paragraph amended DOF 07-19-2019
The aforementioned authorities shall be obliged to deliver said assets to the institution in its indicated capacity as custodian.
They may also carry out in the institution, the deposits for the granting of the suspension of the challenged act in the amparo trial and, in general, the guarantee deposits that must be constituted in accordance with the provisions of the federal laws and, where appropriate, Mexico City or by orders or contracts of authorities of the Federation and, where appropriate, Mexico City.
Paragraph amended DOF 07-19-2019
Article added DOF 06-24-2002
Article 9.- The Ministry, as an exception to what is provided by Articles 48 of the Credit Institutions Law and 26 of the Bank of Mexico Law, shall determine through general provisions the characteristics of the active operations, passive operations that do not imply the capture of public resources and services, except with respect to trusts, mandates and commissions, that the Institution carries out to fulfill the objective and exercise the powers entrusted to it in its capacity as a development bank in this Law.
It corresponds to the Bank of Mexico, in accordance with its Law, to regulate through general provisions the characteristics of the passive operations that imply the capture of public resources, the trusts, mandates and commissions, the operations in the money market, as well as the financial operations known as derivatives that the Institution enters into.
Article 10.- The Federal Government shall respond at all times:
I. For the operations that the Institution enters into with national natural or legal persons, and
II. For the operations contracted by the Institution with foreign private, governmental or intergovernmental institutions.
Article 11.- In addition to what is provided in the penultimate paragraph of Article 383 of the General Law of Titles and Credit Operations, and as an exception to what is provided in subsection a) of fraction XIX of Article 106 of the Credit Institutions Law, in the trust contracts that the Institution enters into, including those that it constitutes to comply with labor obligations on its part, it may act in the same business as trustee and as beneficiary and carry out operations with the Institution itself in the fulfillment of trusts.
CHAPTER III
Social Capital
Article 12.- The social capital of the Institution shall be represented by equity contribution certificates in 66% of series "A" and in 34% of series "B". The nominal value of these titles shall be determined in its Organic Regulations.
Series "A" shall only be subscribed by the Federal Government, it shall be issued in a title that will not carry coupons, which shall be non-transferable and at no time may change its nature or the rights it confers to the Federal Government itself.
Series "B" may be subscribed by the Federal Government and by Mexican natural or legal persons in accordance with what is provided by Article 33 of the Credit Institutions Law.
Article 13.- The net capital referred to in Article 50 of the Credit Institutions Law shall be that fixed by the Ministry hearing the opinion of the Bank of Mexico and the National Banking and Securities Commission.
Article 14.- The Ministry may authorize the acquisition of equity contribution certificates of series "B" in accordance with what is established in Article 33 of the Credit Institutions Law, by Mexican legal persons that have foreign participation and foreign investment has the object of providing technology, training or venture capital contributing to the fulfillment of the object and the realization of the objectives referred to in articles 3 and 7 of this Law.
Article 15.- The Ministry shall establish the form, proportions and other conditions applicable to the subscription, holding and circulation of the series "B" certificates.
CHAPTER IV
Administration
Article 16.- The administration of the Institution shall be entrusted to a Board of Directors and a General Manager, in their respective spheres of competence.
Article 17.- The Board of Directors shall be composed of nine regular directors as follows:
I. Five regular directors who will represent series "A" of the equity contribution certificates, which shall be:
Paragraph amended DOF 07-19-2019
a) The Secretary of Finance and Public Credit, who shall preside over the Board of Directors and the Undersecretary of Finance and Public Credit.
b) A representative designated by the Governor of the Bank of Mexico within the three upper hierarchical levels of the central institute, the heads of the Ministries of Economy and of Agriculture, Livestock, Rural Development, Fisheries and Food.
Paragraph amended DOF 01-10-2014
For each regular director of this series, a substitute from the immediate next lower hierarchical level shall preferably be appointed.
In the absence of the Secretary of Finance and Public Credit, the Undersecretary of Finance and Public Credit shall have the status of president of the Board of Directors, in the absence of the latter, the substitute of the Secretary of Finance and Public Credit shall have the status of president and in the absence of all the above, whoever the present directors from among the directors of series "A" designate.
Paragraph amended DOF 02-23-2005, 01-10-2014
II. Two regular directors of series "B" designated in assembly by the Mexican natural or legal persons holding the equity contribution certificates of this series and by the Federal Executive, through the Ministry, in the case that the Federal Government subscribes certificates of this series. The directors of series "B" shall have no substitutes, and
III. Two independent directors designated by common agreement by the regular directors of series "A" and "B". The appointments of independent directors shall fall on persons of Mexican nationality who, due to their knowledge, honorability, professional prestige and experience, are widely recognized.
Paragraph amended DOF 06-24-2002
The independent directors shall have no substitutes and shall attend at least seventy percent of the sessions that have been convened in an exercise, and in case of failure, others with the same characteristics may be appointed in their place, provided that the absences are not justified in the opinion of the Board of Directors.
The position of director is personal and cannot be performed through representatives.
Article 18.- The Board of Directors shall meet at least quarterly, without prejudice to its holding in an extraordinary manner at any time, provided that it is convened by its president, or by at least three of the regular directors.
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019
The sessions of the Board of Directors shall be held with the attendance of at least six board members, provided that there is the presence of one independent board member and at least three board members from series "A", including the President of the Board of Directors.
Resolutions of the Board of Directors shall be taken by a majority vote of the attending board members, with the President having a casting vote in case of a tie.
The Board of Directors may invite to its sessions, when it deems appropriate, representatives of other public institutions and organizations from the social or private sector, and in general any person who, in the opinion of the Board of Directors, carries out activities relevant to the fulfillment of the Institution's objectives; such persons shall attend with voice but without vote.
Board members shall have the obligation to inform the President of the board about any situation from which a conflict of interest may arise and to abstain from participating in the corresponding deliberation. Likewise, they must maintain absolute confidentiality regarding all those acts, facts, or events that could affect the operation of the Institution, while such information has not been made public, as well as regarding the deliberations adopted in the Board of Directors.
In the agenda of the Board of Directors sessions, the matters to be addressed must be listed, and the item of general matters may not be included in said agenda.
The documentation and information related to the topics to be addressed in the corresponding Board of Directors sessions must be delivered to the board members at least 5 business days in advance of the holding of such sessions.
Article 19.- Under no circumstances may the following be board members:
I. Persons who fall under the circumstances set forth in the second-to-last paragraph of Article 41 of the Credit Institutions Law;
Fraction amended DOF 24-06-2002
II. Persons who hold an elected office or a party leadership position, while they are exercising the same, and
III. Persons who have kinship by blood or affinity up to the second degree or civil, with any of the board members.
If any of the designated principal board members were to find themselves included during the exercise of their office in any of the aforementioned circumstances, they shall be replaced by their alternate for the duration of the impediment and until the principal board member is not designated.
Additionally, the following may not be independent board members:
a) Persons who have a financial link or employment relationship with the Institution, as established in the Organic Regulations; b) Persons who have a financial link or employment relationship with a natural or legal person that is a significant creditor, debtor, client, or supplier of the Institution, as established in the Organic Regulations;
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019 c) Persons who have a conflict of interest with the Institution by being clients, suppliers, significant debtors, creditors, or of any other nature, as established in the Organic Regulations, and d) Persons who have an employment link or represent associations, guilds, federations, confederations of workers, employers, or of the Integration Bodies and Entities of the Sector, or are members of their governing bodies.
Article 20.- Causes for the removal of board members of series "B" and independent board members are:
Paragraph amended DOF 24-06-2002
I. Mental incapacity, as well as physical incapacity that prevents the correct exercise of their functions for more than six months;
II. Failure to comply with the agreements of the Board of Directors or acting deliberately in excess or defect of their attributes;
III. Using, for their own benefit or that of third parties, the confidential information they possess by reason of their office, as well as disclosing said information without the authorization of the Board of Directors, and
IV. Knowingly submitting false information to the consideration of the Board of Directors.
In addition to the causes for removal set forth in this provision, board members of series "A" and the General Director shall be removed from their office when their responsibility is determined by a final resolution issued by a competent authority, by falling under any of the circumstances contained in the Federal Law of Administrative Responsibilities of Public Servants. Paragraph added DOF 24-06-2002
Article 21.- The Board of Directors shall direct the Institution in accordance with the terms provided by Article 42 and other related provisions of the Credit Institutions Law.
The Board of Directors may agree to carry out the operations inherent to the object of the Institution. The agreements it issues, in its case, regarding the operations provided for in fractions VI and IX of Article 46 of the Credit Institutions Law, must consider the proposal of the General Director.
Article 22.- Also, the following shall be powers of the Board of Directors, in accordance with the Credit Institutions Law:
I. Approve, in its case, the annual activity report presented by the General Director;
II. Approve the general operating rules of the savings plans and other deposit instruments offered by the Institution, and the modifications thereto;
III. Authorize the acquisition and use of technology referred to in fraction III of Article 7 of this Law;
IV. Approve the other specific programs and internal regulations of the Institution presented by the General Director;
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019
V. Appoint and remove, upon the proposal of the general director, the public servants of the institution who hold positions with the two administrative hierarchies immediately below that of the latter and those others indicated in the organic regulations, as well as grant them leaves of absence;
Fraction repealed DOF 24-06-2002. Added DOF 23-02-2005. Amended DOF 10-01-2014
VI. Appoint and remove the secretary and the deputy secretary of the Board;
Fraction amended DOF 23-02-2005
VII. Issue the norms and criteria to which the preparation and exercise of the current and physical investment expenditure budget of the Institution must be subject, as well as approve said budget and the modifications to be made during the exercise, once the global amounts of these concepts have been authorized by the Secretariat;
Fraction amended DOF 24-06-2002, 23-02-2005
VIII. Approve, upon the proposal of the human resources and institutional development committee, in accordance with what is provided in Article 42, fraction XVIII of the Credit Institutions Law, the organizational structure, salary scales and benefits, salary policy and for the granting of extraordinary perceptions for the fulfillment of goals subject to performance evaluation, taking into account the conditions of the labor market prevailing in the Mexican financial system; promotion and retirement policies; selection, recruitment and training guidelines; separation criteria; and the other economic and social security benefits established for the benefit of the public servants working in the Institution;
Fraction amended DOF 23-02-2005, 10-01-2014
IX. Agree on the creation of credit committees, the human resources and institutional development committee, the comprehensive risk management committee, as well as those it deems necessary for the fulfillment of its object;
Fraction added DOF 23-02-2005
X. Determine the powers of the different bodies and of the public servants of the Institution, for the granting of credits;
Fraction added DOF 23-02-2005
XI. Approve, in its case, prior to the opinion of the auditors, the annual general balance sheet of the Institution;
Fraction added DOF 23-02-2005
XII. Approve, in its case, the constitution of reserves;
Fraction added DOF 23-02-2005
XIII. Approve, in its case, the application of profits, as well as the manner and terms in which it must be carried out;
Fraction added DOF 23-02-2005
XIV. Approve the financial statements presented by the General Director, as well as authorize, in accordance with the applicable provisions, their publication;
Fraction added DOF 23-02-2005
XV. Approve the general budgets of expenditure and investment, in accordance with what is provided in Article 42, fraction VIII bis of the Credit Institutions Law;
Fraction added DOF 23-02-2005
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019
XVI. Approve the proposals for the limits of net external and internal indebtedness, net financing, as well as the limits of financial intermediation;
Fraction added DOF 23-02-2005
XVII. Approve the estimates of annual income, its financial program, and its operational programs;
Fraction added DOF 23-02-2005
XVIII. Approve the annual programs for the acquisition, lease, and alienation of movable and immovable property, the execution of works, and the provision of services that the Institution requires, as well as the general policies and bases that regulate the agreements, contracts, orders, or agreements that the Institution must enter into with third parties, in these matters, in accordance with the applicable norms;
Fraction added DOF 23-02-2005
XIX. Propose to the Ministry of Finance and Public Credit the modifications to the Organic Regulations and approve the transfer of assets and liabilities;
Fraction added DOF 23-02-2005
XX. Approve the issuance of provisional or definitive capital contribution certificates;
Fraction added DOF 23-02-2005
XXI. Propose to the Ministry of Finance and Public Credit the increase or reduction of social capital;
Fraction added DOF 23-02-2005
XXII. Agree on the increases in paid-up capital of the Institution, as well as set the premiums that subscribers of capital contribution certificates must pay, in its case;
Fraction added DOF 23-02-2005
XXIII. Agree on the issuance of subordinated obligations;
Fraction added DOF 23-02-2005
XXIV. Approve the investments in the capital of the companies referred to in Articles 88 and 89 of the Credit Institutions Law, in terms of Article 8, fractions IX, X, and XII of this Law;
Fraction added DOF 23-02-2005
XXV. Approve the annual advertising and propaganda programs of the Institution, without requiring authorization from the Ministry of the Interior;
Fraction added DOF 23-02-2005
XXVI. Opine on the General Working Conditions of the Institution, and
Fraction added DOF 23-02-2005
XXVII. Review and, in its case, approve the reports presented by the comprehensive risk management committee, as well as the prudential risk limits proposed by it.
Fraction added DOF 23-02-2005
In the circumstances established in fractions XII, XVI, XXIII, and XXIV, the express authorization of the Secretariat is required.
Paragraph added DOF 23-02-2005
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019
Article 23.- The Institution shall have a Human Resources and Institutional Development Committee, which shall be integrated as follows:
Three representatives of the Ministry of Finance and Public Credit: the Undersecretary of Expenditures, the Undersecretary of Finance and Public Credit, and the Head of the Development Banking Unit; One person designated by the Board of Directors, who by their knowledge and professional development, has extensive experience in the area of human resources; A member of the Board of Directors who has the status of independent; The General Director of the Institution, and A representative of the National Banking and Securities Commission with voice, but without vote.
The General Director of the Institution shall abstain from participating in the sessions of the Committee that have as their object to issue opinions or recommendations regarding their salary, economic benefits, and social security.
This Committee shall opine and propose the salary scales and benefits, salary policy and for the granting of extraordinary perceptions for the fulfillment of goals subject to performance evaluation; promotion and retirement policies; selection, recruitment, and training guidelines; separation criteria; and the other economic and social security benefits established for the benefit of the public servants working in the institution.
The Ministry of Finance and Public Credit shall establish criteria in matters of occupational structure, salary movements, extraordinary perceptions, and benefits, which must be observed by the Committee. Likewise, the Society shall provide the aforementioned Ministry with the information it requests.
This Committee shall meet at the request of the General Director of the Institution, who shall send the respective summons to its members, where they shall establish the agenda, as well as the place and date for the holding of the session. Its decisions shall be taken by a majority of votes. The Undersecretary of Finance and Public Credit, who shall preside over it, shall have a casting vote in case of a tie. Likewise, the Committee shall have a technical secretary, who shall have voice, but without vote.
Except for the independent board member and the professional with experience in the area of human resources, the other members of the Committee shall have their respective alternates, who shall preferably be public servants at the next immediate lower level and must have at least the level of general director.
In the event of the absence of the Undersecretary of Finance and Public Credit, without prejudice to the voting right of their alternate, the Head of the Development Banking Unit shall preside over the Committee and exercise the casting vote.
Article amended DOF 24-06-2002, 23-02-2005, 10-01-2014
Article 24.- The General Director shall be appointed by the Federal Executive through the Secretary of Finance and Public Credit, and such appointment must fall on a person who meets the requirements established in Article 24 of the Credit Institutions Law.
Article 25.- The General Director shall be in charge of the administration and legal representation of the Bienestar Bank, National Credit Institution, Development Banking Institution, without prejudice to the attributes corresponding to the Board of Directors; to this effect, they shall have the following powers and functions:
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019 Paragraph amended DOF 19-07-2019
I. In the exercise of their attributes of legal representation, they may celebrate or grant all kinds of acts and documents inherent to the object of the Institution. They shall have for this purpose the broadest powers to perform acts of ownership, administration, litigation, and collection, even those that require special authorization according to other legal or regulatory provisions. In virtue of this, and in an enunciative and not limiting manner, they may issue, endorse, and negotiate credit instruments, file complaints and grant forgiveness, exercise and waive judicial actions even in the amparo trial, submit to arbitration and settle, grant general and special powers with all the faculties that belong to them, even those that require a special clause, substitute them and revoke them, and grant substitution powers to the attorneys, having to obtain express authorization from the Board of Directors when it comes to granting general powers for acts of ownership;
I Bis. Inform the Secretariat, prior to the authorization of the corresponding instances, of the operations that could be linked to the object of the other development banking institutions; Fraction added DOF 10-01-2014
II. Execute the resolutions of the Board of Directors;
III. Sign for the Institution;
IV. Act as General Fiduciary Delegate;
V. Decide on the designation and hiring of the public servants of the Institution, other than those indicated in fraction I of Article 42 of the Credit Institutions Law, as well as the designation and removal of the fiduciary delegates; administer the personnel as a whole, and establish and organize the offices of the institution;
Fraction amended DOF 10-01-2014
VI. Authorize the publication of the monthly balance sheets of the Institution, in accordance with the bases agreed upon by the Board of Directors;
VII. Participate in the sessions of the Board of Directors with voice, but without vote;
Fraction amended DOF 23-02-2005
VIII. Administer the assets and businesses by concluding agreements and executing the acts required for the ordinary course of the Institution;
Fraction amended DOF 23-02-2005
IX. Propose to the Board of Directors the designation of the public servants of the Institution who hold positions with the two immediate hierarchies below their rank and present to them the requests for leave, as well as the resignations thereof;
Fraction amended DOF 23-02-2005, 10-01-2014
X. Propose to the Board of Directors the creation of regional advisory and credit committees, as well as those within its own body, and provide what is necessary for their adequate integration and functioning;
Fraction added DOF 23-02-2005
XI. Agree on the creation of internal credit, technical, and administrative committees;
Fraction added DOF 23-02-2005
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019
XII. Present to the Board of Directors for its approval the annual general balance sheet of the Institution, together with the report and opinion of the external auditor and the auditors;
Fraction added DOF 23-02-2005
XIII. Present to the Board of Directors the financial statements of the Institution;
Fraction added DOF 23-02-2005
XIV. Propose to the Board of Directors the establishment, relocation, and closure of branches, agencies, and offices in the country and abroad;
Fraction added DOF 23-02-2005
XV. Submit to the Board of Directors the operational and financial programs, general budgets of expenses and investments, and the estimates of annual income of the Institution, as well as their modifications;
Fraction added DOF 23-02-2005
XVI. Present to the Board of Directors the proposals to modify the Organic Regulations;
Fraction added DOF 23-02-2005
XVII. Propose to the Board of Directors the approval of the transfer of parts of the assets or liabilities of the Institution;
Fraction added DOF 23-02-2005
XVIII. Present to the Board of Directors the proposals for annual programs for the acquisition, lease, and alienation of movable and immovable property, the execution of works, and the provision of services that the Institution requires, as well as the bases, procedures, rules, requirements, policies, guidelines, and norms in accordance with which the Institution must contract the acquisitions, alienations of goods, leases, execution of real estate works, and provision of services of any nature in accordance with the applicable norms;
Fraction added DOF 23-02-2005
XIX. Render an annual activity report to the Board of Directors;
Fraction added DOF 23-02-2005
XX. Propose to the Board of Directors the issuance of subordinated obligations;
Fraction added DOF 23-02-2005
XXI. Present to the Board of Directors for its approval, the proposal for investment in securities representing the social capital of the companies referred to in Article 8, fractions IX, X, and XII of this Law;
Fraction added DOF 23-02-2005
XXII. Present to the Board of Directors the proposals for the application of profits and the manner and terms in which it is suggested they should be carried out;
Fraction added DOF 23-02-2005
XXIII. Propose to the Board of Directors the constitution of necessary reserves and funds, as well as the manner and terms in which it considers they should be carried out;
Fraction added DOF 23-02-2005
XXIV. Propose to the Board of Directors the procedures for the destruction of the National Savings Bonds that have been amortized, and that were authorized at the time by the Ministry of Finance and Public Credit;
Fraction added DOF 23-02-2005
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019
XXV. Determine the criteria to dispense, with respect to the titles referred to in the preceding fraction, from carrying out the procedure for cancellation and replacement of credit titles that the respective law establishes;
Fraction added DOF 23-02-2005
XXVI. Submit to the Board of Directors, the annual advertising and propaganda programs of the Institution;
Fraction added DOF 23-02-2005
XXVII. Propose to the Board of Directors, the norms and bases for the cancellation of debts owed by third parties and in favor of the Institution, for subsequent report to the National Banking and Securities Commission and to the Secretariat;
Fraction added DOF 23-02-2005
XXVIII. Submit to the Board of Directors, the basic organizational structure and the internal regulations of the Institution, as well as the modifications that may be made to them, and the other specific programs;
Fraction added DOF 23-02-2005
XXIX. With the prior opinion of the Board of Directors and in accordance with the applicable legal provisions, negotiate the General Conditions of Work that govern the labor relations between the Institution and its workers;
Fraction added DOF 23-02-2005
XXX. Represent the Institution before national and international groups, associations, and organizations for the promotion of the Sector, or of any other nature related to the object and objectives of the Institution;
Fraction added DOF 23-02-2005
XXXI. Those conferred upon it by the Organic Regulation, and
Fraction added DOF 23-02-2005
XXXII. Those otherwise delegated by the Board of Directors or that are necessary to develop for the fulfillment of what is provided in the preceding fractions; or those conferred upon it by other laws, regulations, decrees, agreements, and applicable administrative provisions.
Fraction added DOF 23-02-2005
Article 25 Bis.- The General Director, as well as officials of the two hierarchical levels below this one, may issue certifications of the documents existing in the archives of the directorates under their charge.
Article added DOF 19-07-2019
Article 26.- The Councilors, the General Director, and the Fiduciary Delegates of the Institution, shall only be obligated to answer positions or give testimony in court on behalf of the same, when the positions and questions are formulated by means of an official letter, which they shall answer in writing within the term set by the respective authorities.
Reformed Article DOF 23-02-2005, 10-01-2014
CHAPTER V
Supervision
Article 27.- The supervision of the Society shall be carried out by the bodies and in the terms set forth in the Credit Institutions Law and the general character provisions issued by the National Banking and Securities Commission.
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019
CHAPTER VI
General Provisions
Article 28.- In accordance with the general operation rules authorized by the Secretariat, savings plans; as well as the other deposit instruments determined by the Board of Directors, shall participate in lotteries with prize rights during the entire time of their validity and until they are paid to the depositor.
The lotteries shall be public and shall be held before a Public Notary or Broker or supervisor of the Secretariat of the Interior, with the intervention of the National Banking and Securities Commission, in accordance with the bases established to that effect by the Institution. Paragraph reformed DOF 23-02-2005
Article 29.- Prizes are an additional gain, which may be paid in cash or in kind and, consequently, for no reason shall they be considered as an advance payment of the maturity value of the savings plans or of the other deposit instruments determined by the Board of Directors.
The term to claim the payment of the prize shall be fixed in the bases of each lottery, after which, without the prize being claimed, the right to receive the prize shall prescribe. Said term shall be computed from the date on which the publication of the results of the respective lottery is made in a newspaper of national circulation, or its posting in places open to the public in the branches of the Institution itself.
Article reformed DOF 23-02-2005
Article 30.- The deposits delivered to the Institution shall be documented in the authorized receipts issued by its computing systems, being the only valid proof of the delivery of money by the depositor, as well as for their redemption.
Article 31.- When the requirements specified in the respective contract are met, for the issuance of the authorized statement of account of the deposited and withdrawn amounts, the entries appearing in the Institution's accounting shall serve as evidence, unless proof to the contrary is presented, in the respective trial.
Article 32.- The Institution shall formulate annually its financial programs, general budgets of expenses and investments, as well as its operational programs, in accordance with the guidelines, measures, and mechanisms established to that effect by the Secretariat.
Paragraph reformed DOF 24-06-2002
It is the responsibility of the Secretariat to coordinate, evaluate, and supervise the performance of the Institution, as well as to authorize the modalities in the allocation of resources, in the terms of article 31 of the Credit Institutions Law.
Paragraph reformed DOF 24-06-2002
The Institution, within the framework of the management autonomy required for its effective functioning, in accordance with the applicable legal provisions, shall seek the best use and the most appropriate channeling of its resources.
Article 33.- The operations carried out by the Institution in the provision of banking and credit services in which real guarantees are constituted, may be recorded in a private document that, without further formality, must be registered by those in charge of the corresponding public registries, in the terms of article 66 of the Credit Institutions Law.
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019
Article 34.- With prior authorization from the Secretariat, the Institution must establish the reserves and funds necessary for the adequate fulfillment of the object entrusted to it by this Law. The amounts that have been allocated to such reserves and funds shall not be considered as operating surplus.
Once the amount of the surplus is fixed and the amount corresponding to pay the respective tax and the workers' participation in the Institution's profits is separated, the balance shall be applied in the terms provided by the Organic Regulation.
Article 35.- Repealed
Article repealed DOF 10-01-2014
Article 36.- The Institution shall grant its financing only to Integration Organizations regulated by the Popular Savings and Credit Law that assume partially or totally the risk of recovery of these supports, in compliance with their object as stated in article 7 of this Law.
Notwithstanding the foregoing, the Institution may carry out the following financing operations:
I. Share investment and investments in the money market;
II. The financing granted by the Institution for a total amount equal to the percentage determined by the Board of Directors with authorization from the Secretariat;
III. The operations corresponding to labor benefits granted generally;
IV. The operations carried out with the federal government, the parastatal entities, the federal entities, and the municipalities;
V. The financing for infrastructure, training, technology, or any other service required by the Popular Savings and Credit Entities or the Integration Organizations regulated by the Popular Savings and Credit Law;
The financing referred to in this fraction may be granted to the aforementioned financial intermediaries, provided that they are projects related to their object in a major way.
Paragraph added DOF 24-06-2002
VI. The joint financing referred to in fraction VII of article 7 of this Law, and
VII. The financing to the Popular Savings and Credit Entities intended to provide them with liquidity.
Regarding the financing intended to provide liquidity to the Popular Savings and Credit Entities, they must be guaranteed by the protection fund referred to in the Popular Savings and Credit Law and whose administration shall be in charge of the Institution. The Board of Directors shall determine in each case, the characteristics of the guarantees that the Entities must grant. Paragraph reformed DOF 19-07-2019
Article 37.- The Institution shall send to the Federal Executive through the Secretariat and this in turn to the Congress of the Union together with the Reports on the Economic Situation, Public Finances and Public Debt and in its recesses, to the Permanent Commission, the following:
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019
I. In the report from January to March of each year, an exposition on the credit and guarantee programs to be followed by the Institution during the respective exercise, indicating the policies and criteria according to which it will carry out its operations in order to contribute to the fulfillment of the National Development Plan, as well as a report on the current and investment expenditure budget of the Institution, corresponding to said exercise;
II. In the report from April to June of each year, a report on the fulfillment of the annual program of the Institution during the second semester of the immediate previous exercise and in general, on the exercise of current and investment expenditure, as well as the activities of the Institution in the entirety of said exercise, and
III. In the report from July to September of each year, a report on the fulfillment of the annual program of the Institution during the first semester of the exercise in question.
Likewise, the Institution must publish quarterly in two newspapers of wide circulation in the country, the state of its assets, as well as the most representative indicators of the financial situation and the administration of the Institution.
Article 37 Bis.- The Society shall provide legal assistance and defense services to the members of its Board of Directors, committees established by the same or provided for by normative provision, and to public servants who work or have worked in the institution itself, with respect to the acts that said persons carry out in the exercise of the functions entrusted to them by law and in accordance with the guidelines issued to that effect by the Secretariat of Finance and Public Credit.
The aforementioned legal assistance and defense shall be provided even when the indicated persons cease to perform their functions or provide their services to the Society, provided that they are acts carried out in the performance of their functions or activities in service of the Society. Legal assistance and defense shall be provided from the resources available to the Society for these purposes. In the event that the competent authority issues a final resolution against the subject of legal assistance that becomes final, said person must reimburse the Society for the expenses and any other disbursement that the Society has made on account of the legal assistance and defense. What is provided in this article shall apply without prejudice to the obligation that subjects of legal assistance and defense have to provide the reports required of them in terms of the applicable legal provisions as part of the performance of their functions.
Article added DOF 10-01-2014
CHAPTER VII
Labor Regime
Article 38.- The labor relations between the Institution and its workers shall be governed by article 123 section "B" fraction XIII bis of the Political Constitution of the United Mexican States; by the Regulatory Law of said provision; and by the general conditions of work determined to that effect.
TRANSITORY ARTICLES
First Article.- This Law shall enter into force the day following its publication in the Official Gazette of the Federation. The National Savings Bank and Financial Services, Credit Society, Development Banking Institution, shall have one hundred eighty business days counted from the entry into force of this Law, to adjust its operation and administration to what is provided in this Law.
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019
Second Article.- This Law abrogates the Organic Law of the National Savings Patronate, published in the Official Gazette of the Federation on December 26, 1986, and repeals the other legal provisions that oppose what is established in this Law.
Third Article.- The Federal Executive, within a period of 180 days counted from the validity of this Law, shall issue the decree by which the National Savings Patronate, Decentralized Agency of the Federal Government, is transformed into the National Savings Bank and Financial Services, Credit Society, Development Banking Institution, in accordance with the following bases:
I. The Secretariat of Finance and Public Credit shall indicate the form and terms in which the transformation must be carried out, ensuring at all times the adequate protection of the interests of the public;
II. The transformation shall take effect on the date indicated in the respective decree;
III. The creditors of the National Savings Patronate shall not be able to oppose the transformation.
IV. The decree referred to in this article shall be registered in the Public Registry of Commerce;
V. While the aforementioned transformation is carried out, the operational and administrative aspects shall continue to be governed by the Organic Law of the National Savings Patronate and other provisions in force prior to the entry into force of this Law, the Federal Executive being required, through the Secretariat of Finance and Public Credit, to provide what is necessary so that the National Savings Patronate continues to provide its services adequately and efficiently.
VI. Once transformed, and until the Organic Regulation is approved, its organic statute shall continue to be applied;
VII. The formation of its social capital;
VIII. The General Director, as well as the councilors and commissioners, shall continue in the performance of their functions until new appointments are made and the appointees take possession of their positions;
IX. The rights of workers shall be respected at all times;
X. References to the National Savings Bank and Financial Services, Credit Society, Development Banking Institution, are understood to refer to the registrations and marginal notes of any nature carried out in the public registries of property and commerce, as well as in any other registry in the country, relative to the National Savings Patronate, with respect to real estate, movable property, brands, all types of contracts, agreements, commissions of a commercial nature, and any others.
Likewise, the National Savings Bank and Financial Services, Credit Society, Development Banking Institution, shall correspond to the actions, exceptions, defenses, and resources of any nature raised in trials or administrative procedures in which the National Savings Patronate is a party prior to the date on which its transformation takes effect. The powers, mandates, and representations granted and the faculties conferred by the transforming organism shall subsist in their terms until they are expressly modified or revoked.
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019
The authorizations, powers, mandates, and other legal acts and administrative measures, granted, dictated, or celebrated based on the Law that is abrogated, shall remain in force until they are revoked or modified by the competent bodies or authorities;
XI. Once the transformation is carried out, when laws, regulations, and administrative provisions refer to the Organic Law of the National Savings Patronate, or to the National Savings Patronate, it shall be understood that the reference is to this Law or to the National Savings Bank and Financial Services, Credit Society, Development Banking Institution, insofar as it does not oppose it or its nature, and
XII. Prior to the start of operations, the National Savings Bank and Financial Services shall submit to the approval of the National Banking and Securities Commission, its operational, information processing, and internal control systems, as well as its organization and operation manuals.
Fourth Article.- The Organic Regulation of the Institution must be issued within a period not exceeding 180 days, counted from the date of entry into force of this Law, and must be registered in the Public Registry of Commerce in accordance with what is established in article 30 of the Credit Institutions Law, as well as its modifications. Until then, the Organic Statute published in the Official Gazette of the Federation on October 18, 2000, shall remain in force.
Fifth Article.- The labor conciliation procedures that have been initiated prior to the entry into force of this Law, shall continue to be processed until their total termination in accordance with what is established in the General Conditions of Work.
Sixth Article.- The operations currently carried out by the National Savings Patronate shall continue to be governed by the applicable provisions and authorizations until its Organic Regulation and its Operation Rules are issued and approved.
Seventh Article.- For the effects of what is provided by articles 17 and 18 of this Law, until the contribution certificates of the "B" series are subscribed, the Board of Directors shall be integrated by five owner councilors who will represent the contribution certificates of the "A" series and by two independent councilors. The independent councilors shall be designated in the first session of the five owner councilors who represent the contribution certificates of the "A" series. The sessions of the Board of Directors shall be held with the attendance of at least five councilors, provided that there is the presence of at least three councilors from the "A" series, including the president of the Board.
Eighth Article.- For the effects of article 27 of this Law, until the contribution certificates of the "B" series are subscribed, the supervision of the Institution shall be entrusted exclusively to the commissioner designated by the Secretariat of Comptroller and Administrative Development.
Mexico, D.F., on April 30, 2001.- Rep. Ricardo García Cervantes, President.- Sen. Enrique Jackson Ramírez, President.- Rep. Manuel Medellín Milán, Secretary.- Sen. Yolanda González Hernández, Secretary.- Signatures".
In compliance with what is provided by fraction I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree in the residence of the Federal Executive Power, in the City of Mexico, Federal District, on the thirtieth day of the month
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019
of May of two thousand one.- Vicente Fox Quesada.- Signature.- The Secretary of the Interior, Santiago Creel Miranda.- Signature.
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019 TRANSITORY PROVISIONS OF REFORM DECREES DECREE by which various provisions of the Law of Credit Institutions; the Organic Law of Nacional Financiera; the Organic Law of the National Bank of Foreign Trade; the Organic Law of the National Bank of Public Works and Services; the Organic Law of the National Bank of the Army, Air Force and Navy; the Organic Law of the National Savings Bank and Financial Services; and the Organic Law of Federal Mortgage Society are reformed, added to, and repealed. Published in the Official Gazette of the Federation on June 24, 2002
ARTICLE SIXTH.- Articles 17 fraction III; 19 fraction I; 20 first paragraph, 22 fraction VII; 23 and 32 first and second paragraphs; are reformed; Articles 8 bis; 20 with a last paragraph; 23 with a fourth, fifth, sixth, eighth and eleventh paragraphs and 36, fraction V with a second paragraph; are added; and fraction V of Article 22 of the Organic Law of the National Savings Bank and Financial Services is repealed.
..........
TRANSITORIES
ARTICLE FIRST.- This Decree shall enter into force the day following its publication in the Official Gazette of the Federation.
ARTICLE SECOND.- The Ministry of Finance and Public Credit shall make known the rules for determining the quotas referred to in Article 55 bis of the Law of Credit Institutions, as well as the investment regime of the trusts, which development banking institutions must establish within the following ninety natural days counted from the entry into force of this Decree.
ARTICLE THIRD.- Development banking institutions shall be subject to the General Working Conditions in force, until such time as the new ones are issued and enter into force.
ARTICLE FOURTH.- All provisions that oppose the laws that are reformed, added to and repealed in this Decree are repealed.
ARTICLE FIFTH.- Procedures that had been initiated prior to the entry into force of this Decree, in accordance with the laws that are reformed, added to and repealed, shall continue to be governed by the provisions in force on the date of publication of this Decree.
ARTICLE SIXTH.- The committee for the planning of human resources and institutional development must be integrated and enter into operation within a period not exceeding ninety natural days counted from the date on which this Decree enters into force.
ARTICLE SEVENTH.- The committee for the integrated administration of risks must be integrated and shall enter into operation within 60 business days following the date on which this Decree enters into force.
ARTICLE EIGHTH.- With regard to the modification to Article 7 of the Organic Law of Nacional Financiera, the references contained in legal instruments where it is indicated that deposits of titles, securities or cash sums that must be made by or before the administrative or judicial authorities of the Federation or by or before the administrative authorities of the Federal District, as well as the cash sums, titles or securities that are seized by the judicial or administrative authorities of the Federation and those that are seized by the administrative authorities of the Federal District, shall be constituted in Nacional Financiera, Sociedad Nacional de Crédito, it shall be understood that the same may be constituted in the national credit societies, development banking institutions that are authorized by law for such effect.
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019 Federal, as well as the cash sums, titles or securities that are seized by the judicial or administrative authorities of the Federation and those that are seized by the administrative authorities of the Federal District, shall be constituted in Nacional Financiera, Sociedad Nacional de Crédito, it shall be understood that the same may be constituted in the national credit societies, development banking institutions that are authorized by law for such effect.
ARTICLE NINTH.- The State and National Advisory Councils referred to in Articles 33 and 34 of the Organic Law of the National Bank of Public Works and Services must be integrated and enter into operation within 180 natural days following the date on which this Decree enters into force.
Mexico, D.F., on April 30, 2002.- Dep. Beatriz Elena Paredes Rangel, President.- Sen. Diego Fernández de Cevallos Ramos, President.- Dep. Adrián Rivera Pérez, Secretary.- Sen. Sara Isabel Castellanos Cortés, Secretary.- Signatures.
In compliance with what is provided for in fraction I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District, on the twenty-first day of the month of June of two thousand two.- Vicente Fox Quesada.- Signature.- The Secretary of the Interior, Santiago Creel Miranda.- Signature. Errata to the Decree by which various provisions of the Law of Credit Institutions; the Organic Law of Nacional Financiera; the Organic Law of the National Bank of Foreign Trade; the Organic Law of the National Bank of Public Works and Services; the Organic Law of the National Bank of the Army, Air Force and Navy; the Organic Law of the National Savings Bank and Financial Services; and the Organic Law of Federal Mortgage Society, published on June 24, 2002. Published in the Official Gazette of the Federation on July 8, 2002
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019 DECREE by which various provisions of the Popular Savings and Credit Law, as well as the Organic Law of the National Savings Bank and Financial Services, are reformed and added to. Published in the Official Gazette of the Federation on February 23, 2005
ARTICLE SECOND.- Articles 2 fraction IV, 4, 6 first paragraph; 7 fractions I, III, VIII and IX; 8 fractions V and VIII; 17 third paragraph of subsection b) of fraction I; 22; 23 fourth paragraph; 25; 27 first paragraph; 28 second paragraph and 29 first and second paragraphs; are reformed; Articles 7 fraction X; 8 fractions IX, X, XI and XII, moving the current fraction IX to become XIII, all of the Organic Law of the National Savings Bank and Financial Services, to read as follows:
..........
TRANSITORIES
ARTICLE FIRST.- This Decree shall enter into force the day following its publication in the Official Gazette of the Federation.
ARTICLE SECOND.- The legal and administrative provisions that oppose this Decree are repealed.
ARTICLE THIRD.- The Federations referred to in the Popular Savings and Credit Law may affiliate and provide technical, legal, financial and training advisory services to societies or associations that, without having obtained authorization to constitute and organize as Entities, may capture resources from their members or clients for their placement among them in accordance with that Law.
The societies or associations that affiliate with a Federation in accordance with what is provided for in this article, may not participate in the sessions of the social bodies of the Federation when matters are dealt with that are related, directly or indirectly, to the organization, integration, functioning and performance of the corresponding Supervision Committee, or with any other aspect related to the auxiliary supervision exercised by the Federation. Persons who have labor or economic ties with the societies or associations that the Federation itself has affiliated in accordance with this article may not be part of the Federation's Supervision Committee. The restrictions provided for in the preceding paragraph must be expressly stated in the bylaws or constituent bases of the Federations, as well as in their internal regulations. Mexico, D.F., on December 14, 2004.- Sen. Diego Fernández de Cevallos Ramos, President.- Dep. Manlio Fabio Beltrones Rivera, President.- Sen. Sara I. Castellanos Cortés, Secretary.- Dep. Antonio Morales de la Peña, Secretary.- Signatures. In compliance with what is provided for in fraction I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District, on the twenty-second day of the month of February of two thousand five.- Vicente Fox Quesada.- Signature.- The Secretary of the Interior, Santiago Creel Miranda.- Signature.
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019 DECREE by which various articles of the Organic Laws of Development Banking are reformed and added to.
Published in the Official Gazette of the Federation on August 1, 2005
Article Fifth.- Fraction VII is reformed and a fraction XI is added to Article 7 of the Organic Law of the National Savings Bank and Financial Services, to read as follows:
.........
TRANSITORIES
First.- This Decree shall enter into force the day following its publication in the Official Gazette of the Federation.
Second.- The provisions that contravene the provisions of this Decree upon its entry into force are rendered without effect.
Mexico, D.F., on April 26, 2005.- Dep. Manlio Fabio Beltrones Rivera, President.- Sen. Diego Fernández de Cevallos Ramos, President.- Dep. Marcos Morales Torres, Secretary.- Sen. Sara I. Castellanos Cortés, Secretary.- Signatures.
In compliance with what is provided for in fraction I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District, on the thirty-first day of the month of May of two thousand five.- Vicente Fox Quesada.- Signature.- The Secretary of the Interior, Santiago Creel Miranda.- Signature.
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019 DECREE by which various provisions in financial matters are reformed, added to and repealed, and the Law to Regulate Financial Groups is issued. Published in the Official Gazette of the Federation on January 10, 2014
ARTICLE SEVENTEENTH.- Articles 2, fraction IV; 3, first paragraph; 7, first paragraph, fractions I, III, V, VII, IX, X and XI; 17, fraction I, subsection b) first and third paragraphs; 18, first paragraph; 22, fractions V and VIII; 23; 25, fractions V and IX, and 27; are REFORMED; Articles 3, with a second paragraph, moving the current second paragraph to become the third paragraph; 8, with a fraction XI Bis; 25, with a fraction I Bis, and 37 Bis; are ADDED; and Article 35 of the Organic Law of the National Savings Bank and Financial Services is REPEALED, to read as follows:
………
Transitory Provisions
ARTICLE TWENTY-FIRST.- With regard to the modifications referred to in Articles Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, Eighteenth, Nineteenth and Twentieth of this Decree, the following shall apply:
I. The Congress of the Union, when issuing the regulatory laws referred to in the second paragraph of the transitory article second of the Decree by which various provisions of the Organic Law of the Federal Public Administration are reformed, added to and repealed, published in the Official Gazette of the Federation on January 2, 2013, will provide for a special control and evaluation system for development banking institutions that is in accordance with their nature and functions, avoids duplication of supervision and monitoring mechanisms and contributes to the efficiency of said institutions.
II. From the entry into force of this Decree, trusted workers of development banking institutions shall be excluded from the application of the general working conditions of the respective institution. Without prejudice to the foregoing, the acquired rights of trusted workers who are working in a development banking institution on the date of entry into force of this Decree shall be respected, providing for what is appropriate in the remuneration and retirement manuals referred to in Article 43 Bis of the Law of Credit Institutions, reformed in accordance with the terms of this Decree.
III. Within a period of sixty natural days following the entry into force of this Decree, national credit societies must extinguish the trust constituted in terms of Article 55 Bis of the Law of Credit Institutions.
IV. The social banking functions provided for in the reform to Article 3 of the Organic Law of the National Savings Bank and Financial Services, must be implemented by the institution starting from January 1, 2014, for which reason in the FEDERAL EXPENDITURE BUDGET FOR THE FISCAL YEAR 2014, the allocation of resources must be provided to strengthen the capital of the National Savings Bank and Financial Services so that it can fulfill its purpose as Social Banking.
V. Within a period of ninety natural days, the Ministry of Finance and Public Credit will carry out an evaluation of the subsidies, support, programs, funds, trusts granted and administered by entities of the Federal Public Administration, with the
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019 purpose of diagnosing the feasibility of them being channeled through a new single system of financing and promotion for agriculture and rural areas.
VI. When this or other decrees, codes, laws, regulations or legal provisions issued prior to this Decree, as well as all contracts, agreements and other legal acts celebrated by the institution, refer to Rural Finance, it shall be understood that they refer to the National Financial Institution for Agricultural, Rural, Forestry and Fisheries Development.
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TRANSITORY
UNIQUE. This Decree shall enter into force the day following its publication in the Official Gazette of the Federation, except for what is provided for in ARTICLES TWENTY-FIFTH, fraction I; THIRTIETH, fractions IV and VI; FORTIETH, fractions I and II; and FIFTIETH, fractions I and II, which shall enter into force on the dates established in said provisions. Mexico, D.F., on November 26, 2013.- Dep. Ricardo Anaya Cortes, President.- Sen. Raúl Cervantes Andrade, President.- Dep. Javier Orozco Gomez, Secretary.- Sen. María Elena Barrera Tapia, Secretary.- Signatures. In compliance with what is provided for in fraction I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, Federal District, on nine of January of two thousand fourteen.- Enrique Peña Nieto.- Signature.- The Secretary of the Interior, Miguel Ángel Osorio Chong.- Signature.
ORGANIC LAW OF THE BIENESTAR BANK
CHAMBER OF DEPUTIES OF THE H. CONGRESS OF THE UNION General Secretariat Parliamentary Services Secretariat Last Reform DOF 19-07-2019 DECREE by which various provisions of the Organic Law of the National Savings Bank and Financial Services are reformed and added to.
Published in the Official Gazette of the Federation on July 19, 2019 Sole Article. The denomination of the Organic Law of the National Savings Bank and Financial Services is reformed, to become "Organic Law of the Bienestar Bank", as well as Articles 1; 2, fractions I and III; 3, first and second paragraphs; 4; 7, fractions III, VII, X and XI; 8, fractions II, XII and XIII; 8 Bis, first and third paragraphs; 17, fraction I; 25, first paragraph; 36, last paragraph, are reformed, and fractions XII, XIII, XIV, XV and XVI to Article 7; fractions XIV, XV and XVI to Article 8, and an Article 25 Bis, are added, to read as follows:
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Transitory Provisions
First.- This Decree shall enter into force the day following its publication in the Official Gazette of the Federation.
Second.- The legal and administrative provisions that oppose this Decree are repealed.
The Federal Executive, through the Ministry of Finance and Public Credit, will modify the Organic Regulations of the National Savings Bank and Financial Services, National Credit Society, Development Banking Institution, within a period not exceeding sixty business days, in order to harmonize this reform. Third.- The Ministry of Finance and Public Credit will provide the necessary resources for the modernization of the Bienestar Bank upon the entry into force of this Decree, subject to the Federal Revenue Law, the Federal Budget and Fiscal Responsibility Law, as well as to the availability, expansions and budgetary adjustments provided for in the Federal Expenditure Budget of the corresponding fiscal year. Fourth.- When this or other decrees, codes, laws, regulations or legal provisions issued prior to this Decree, as well as all contracts, agreements and other legal acts celebrated by the Institution, refer to the National Savings Bank and Financial Services, the reference shall be understood to be to the Bienestar Bank. Mexico City, on June 28, 2019.- Sen. Martí Batres Guadarrama, President.- Dep. Porfirio Muñoz Ledo, President.- Sen. Antares G. Vázquez Alatorre, Secretary.- Dep. Mónica Bautista Rodríguez, Secretary.- Signatures. In compliance with what is provided for in fraction I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I issue this Decree at the Residence of the Federal Executive Power, in Mexico City, on July 17, 2019.- Andrés Manuel López Obrador.- Signature.- The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila.- Signature.
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“This Law abrogates the Organic Law of the National Savings Patronate, published in the Official Gazette of the Federation on December 26, 1986”
“DECREE by which various provisions in financial matters are reformed, added to and repealed, and the Law to Regulate Financial Groups is issued.”
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Source: Comision Nacional Bancaria y de Valores — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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