2025-06-04 | DOF 5759188Added · Updated
The Organic Statute of Financiera para el Bienestar establishes the entity's general provisions, defining its scope as a decentralized public organism under the Ministry of Finance and Public Credit (SHCP) responsible for financial services, remittances, and telegraph services. It outlines the entity's functions, including the administration of budgetary resources and the provision of financial support, while detailing the composition, powers, and operational rules of the Board of Directors and the General Director.
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DOF: 04/06/2025
Organic Statute of Financiera para el Bienestar
A seal with the National Emblem appears at the margin, stating: United Mexican States.- Treasury.- Ministry of Treasury and Public Credit.- Financiera para el Bienestar.
María del Rocío Mejía Flores, General Director of Financiera para el Bienestar, in compliance with the agreement of the Board of Directors of the Entity, at the First Ordinary Session held on May 26, 2025, by which it approved the Organic Statute of this Entity, based on the provisions of articles 15, second paragraph, and 58, fraction VIII of the Federal Law of Parastatal Entities, as well as article 8, fraction V of the Decree creating a decentralized organism named Telégrafos Nacionales, now Financiera para el Bienestar, and
CONSIDERING
That Financiera para el Bienestar "FINABIEN" is an entity of the Federal Public Administration, in accordance with the provisions of article 90 of the Political Constitution of the United Mexican States, article 3, fraction I of the Organic Law of the Federal Public Administration, articles 2, 10, 11, and 14, and other applicable provisions of the Federal Law of Parastatal Entities, with legal personality and own assets, grouped in the sector coordinated by the Ministry of Treasury and Public Credit.
That Financiera para el Bienestar was created by presidential decree published in the Official Gazette of the Federation "DOF" on August 20, 1986, which was named Telégrafos Nacionales (TELENAL);
That on November 17, 1989, a decree was published in the DOF modifying the name to Telecomunicaciones de México (TELECOMM);
That on October 29, 1990, a decree was published in the DOF by which it changed its object in the matter of telecommunications;
That on January 6, 1997, a decree was published in the DOF modifying the composition of the Board of Directors of Telecomunicaciones de México;
That on April 14, 2011, a decree was published in the DOF establishing as one of its functions to provide public telegraph services, telegraphic transfers, radiotelegraphy, and telecommunications;
That on October 21, 2022, a decree was published in the DOF modifying the name of Telecomunicaciones de México to Financiera para el Bienestar, expanding its object in financial services and financing; likewise, it was established in the transitional articles that the Ministry of Welfare must transfer the administration and operation, as well as the transfer of human, material, and financial resources, associated with the microcredit for welfare program, and the Ministry of Economy must provide FINABIEN with the databases of the registry of beneficiary persons and the follow-up on the recovery of credits granted and the reimbursements made within the framework of the Financial Support Program for Family Microenterprises in all its modalities of the 2020 and 2021 fiscal years;
That on January 27, 2023, a convention for the substitution of the settlor and responsible unit was celebrated, as well as a second modifying convention to the public administration and payment trust agreement named "Fideicomiso de Microcréditos para el Bienestar", by which SHCP was substituted by Financiera para el Bienestar as the settlor in the Trust; and the Undersecretariat of Productive Inclusion and Rural Development of the Ministry of Welfare was substituted by the Administration Directorate of Financiera para el Bienestar, as the responsible unit of the Trust. Likewise, through the aforementioned legal instrument, the name of the Trust was modified, to remain as "Fideicomiso de la Financiera para el Bienestar";
That on November 28, 2024, through the Fifteenth Transitory Article of the "Decree by which various provisions of the Organic Law of the Federal Public Administration are reformed, added, and repealed", by which it established that FINABIEN was sectorized to the Ministry of Treasury and Public Credit; likewise, it was established that FINABIEN must transfer to the Federal Electricity Commission and the Digital Transformation and Telecommunications Agency, attributions related in the matter of the so-called backbone network and telecommunications, respectively;
That on April 1, 2025, the "DECREE by which various articles of the Decree by which the decentralized organism named Financiera para el Bienestar, formerly Telégrafos Nacionales, is created, are reformed, added, and repealed" was published in the DOF, whose object is the provision of financial services and financing, remittances, as well as the public service of telegraphs, national and international telegraphic transfers, and
That it is of utmost importance to have a normative instrument that supports the bases of operation and functioning of Financiera para el Bienestar, as well as its Organizational Structure, in which the functions of the Administrative Units that compose it are established, to achieve institutional goals and objectives, the following is issued:
ORGANIC STATUTE OF FINANCIERA PARA EL BIENESTAR
CHAPTER I
GENERAL PROVISIONS
ARTICLE 1. For the purposes of this Organic Statute, without prejudice to its reference in plural or singular, the following shall be understood:
I. APF: Federal Public Administration;
II. Labor Authority: Federal Tribunal of Conciliation and Arbitration and/or Federal Board of Conciliation and Arbitration;
III. Sector Coordinator: The dependency responsible for the coordination of Financiera para el Bienestar, which acts as a link between its coordinated entities and the dependencies of global orientation and support, in terms of articles 48 and 49 of the Organic Law of the Federal Public Administration;
IV. Decree: Decree of creation of the decentralized organism named Telégrafos Nacionales, published in the Official Gazette of the Federation on August 20, 1986, and its respective modifications published in the DOF, now Financiera para el Bienestar.
V. Statute: Organic Statute of Financiera para el Bienestar;
VI. Trust: Public trust contract without structure, of administration and payment, named "Fideicomiso de la Financiera para el Bienestar", and its modifications;
VII. Law: Federal Law of Parastatal Entities;
VIII. Entity: Financiera para el Bienestar;
IX. Financial Product or Financing Services: Instrument by which the Entity grants credits and support;
X. Recovery: The recovery of credits and reimbursements specified in the Third, Fourth, and Fifth Transitory Articles of the Decree, published in the DOF on October 21, 2022; in addition, that which derives from the credits and support granted by the Entity;
XI. Remittances: service provided through the branches of the Entity, or digitally, for the sending or payment of cash or electronic money in favor of beneficiary persons.
XII. Regulation: Regulation of the Federal Law of Parastatal Entities;
XIII. SABG: Anti-Corruption and Good Government Secretariat;
XIV. Telegraphic transfer service: Service associated with the same, such as the collection and payment of accounts; the payment of benefits derived from social programs, in accordance with the conventions that the Entity celebrates with the dependencies or entities of the APF, of the federative entities or of the competent municipalities, and those relative to the interconnection of systems with banking institutions for money transfer services, among others, in terms of the applicable provisions;
XV. Financial Service: Service provided by the Entity through the branch network, such as: issuance and payment of national and international telegraphic transfers, banking correspondence, payment and collection on behalf of third parties;
XVI. Telegraphic Service: Telegraph and telegram service.
XVII. SHCP: Ministry of Treasury and Public Credit;
XVIII. ICT: Information and Communication Technologies, which comprises computer equipment, software, and printing devices that are used to store, process, convert, protect, transfer, and recover information, data, voice, images, and video, and
XIX. Administrative Unit: Each Directorate that integrates the entity with its own functions and activities.
ARTICLE 2. Financiera para el Bienestar is a Decentralized Public Entity of the APF, with legal personality and own assets, grouped in the sector coordinated by the SHCP, created by the Decree.
ARTICLE 3. The object of the Entity is the provision of financial services and financing, remittances, as well as the public service of telegraphs, national and international telegraphic transfers, in accordance with the functions referred to in article 3 of its Decree.
ARTICLE 4. The functions of the Entity are the following:
I. Provide financial and financing services; remittances, public telegraph services, national and international telegraphic transfers, as well as establish and maintain its facilities;
II. Receive, administer, and carry out the disbursement of resources destined for the target population of the budgetary programs that correspond, in terms of the applicable legal provisions, being able to act as an intermediary for the disbursement of resources from national and international programs or financial entities, without carrying out the collection of resources from the public by itself or through the financial vehicle constituted for such effect.
III. Execute programs related to the granting of resources that are determined in the Expenditure Budget of the Federation or from other financing sources under its charge and, if necessary, from other dependencies and entities of the APF, when necessary, in terms of the applicable legal provisions, by itself or through the financial vehicle constituted for such effect.
IV. Collaborate with the three levels of government: Federal, State, and Municipal, in the operation of programs that require its participation;
V. Promote and implement efficient mechanisms for the receipt, by technological means and financial innovation, administration, and disbursement of the resources referred to in fraction II; by itself or through the financial vehicle constituted for such effect.
VI. Contract or coordinate with third parties, public or private, to guarantee the adequate receipt, administration, and disbursement of resources under its responsibility; by itself or through the financial vehicle constituted for such effect.
VII. Celebrate commercial commission contracts with financial institutions and entities, to carry out, on behalf and for the account of these, the financial operations permitted by the applicable regulation, which have as their purpose to comply with its object;
VIII. Promote, in coordination with the administrative units of the SHCP, productive projects before national and international financial institutions, oriented towards investment and financing, in terms of the applicable legal provisions;
IX. Carry out all administrative and legal acts necessary for the fulfillment of its object, in compliance with current regulations;
X. Carry out financial or payment operations that are not reserved to financial institutions or entities and that require concession, authorization, or registration in terms of the applicable legislation;
XI. Provide advice and maintenance to equipment and applications, as well as alienate movable goods related to the services provided by the Entity, in terms of the applicable legal provisions;
XII. Provide hosting, interconnection, administration of equipment and computer applications services, through the use of its infrastructure, as well as the associated service of data capture, transmission, and processing;
XIII. Program, organize, operate, and control, in terms of the respective sectorial program, the provision of the telegraph service and various associated with it, as well as others that are necessary for the fulfillment of its object and attributions, in accordance with the applicable legal provisions;
XIV. Propose to the SHCP, the counter-prestations and tariffs applicable to the services it provides based on the technical-economic studies that justify them, in accordance with the applicable legal provisions;
XV. Receive and administer, in terms of the provisions established in the Federal Budget and Fiscal Responsibility Law and its Regulation, and other applicable legal provisions, the income generated by the services provided, as well as exercise them in accordance with its authorized budget;
XVI. Participate in forums of international organizations on financial services and financing, in coordination with the SHCP;
XVII. Promote training courses and technical assistance for its personnel in Mexico and abroad;
XVIII. Incorporate technological advances in the provision of its services and participate in technological research, through programs coordinated with research and development institutions;
XIX. Promote and foster financial education and inclusion and savings, grant financing and credits for productive activities of the sectors of attention;
XX. Develop, create, and maintain technological tools to comply with the attributions of the Entity;
XXI. Provide the computer services that are feasible for use, exploitation, and use by third parties, as well as celebrate the necessary legal acts for the development of its functions in accordance with the applicable legal provisions.
CHAPTER II
OF THE BOARD OF DIRECTORS
ARTICLE 5. The direction and administration of the Entity corresponds to the Board of Directors and the person holding the position of General Director.
It shall be integrated by the persons holding the positions of the Secretariats of Treasury and Public Credit, who shall preside over it, of Governance, of Agrarian, Territorial and Urban Development, of Agriculture and Rural Development, of Women, of Economy, of Welfare, and of Foreign Relations, as well as by the person holding the position of the Digital Transformation and Telecommunications Agency, who shall observe the following:
I. They shall be replaced in their absences by the public servant designated for that effect by each holder, with a minimum hierarchical level of General Directorate; or its equivalent;
II. They may be accompanied by other persons, who shall have the character of guests, with voice, but without vote, and
III. They shall hold an honorary position, therefore they shall not receive remuneration, emolument, or compensation for their participation,
ARTICLE 6. The Board of Directors of the Entity shall be presided over by the person holding the position of Sector Coordinator of the Entity.
ARTICLE 7. It corresponds to the Board of Directors to exercise the following non-delegable powers:
I. Establish, in congruence with the Sectorial Program, the general policies and define the priorities to which the Entity shall be subject relative to production, productivity, commercialization, finances, research, technological development, and general administration;
II. Approve the programs and draft budget of the Entity, as well as its modifications, subject to the sectorial coordination of the SHCP, as well as to the Planning Law, the National Development Plan, and, if applicable, the authorized expenditure and financing allocations. For such approval, the general guidelines that, in the matter of expenditure, this Ministry establishes, must be observed;
III. Fix and adjust the prices of goods and services that the Entity provides, with the exception of those that are determined by agreement of the Federal Executive;
IV. Approve the negotiation of loans for the financing of the Entity with internal and external credits, as well as observe the guidelines dictated by the competent authorities in the matter of financial liquidity management. Regarding external credits, what is established in article 54 of the Law shall be followed;
V. Issue the norms or general bases according to which, when necessary, the person holding the position of General Director may dispose of the fixed assets of the Entity that do not correspond to the operations proper to its object;
VI. Annually approve, prior to the report of the Public Comptroller and the opinion of the external auditor, the financial statements of the Entity and authorize their publication;
VII. Approve, in accordance with the applicable laws and the Regulation, the conventions, contracts, orders, or agreements that the Entity must celebrate with third parties in public works. The person holding the position of General Director of the Entity and, if applicable, the public service personnel that must intervene in accordance with the organic norms of the same, shall carry out such acts under their responsibility, subject to the guidelines fixed by the Board of Directors;
VIII. Approve the Basic Structure and the modifications that proceed to the same, as well as the Statute;
IX. Propose to the person holding the position of the Federal Executive, through the SHCP, the conventions of merger with other entities;
X. Authorize the creation of technical support committees;
XI. Appoint and remove, upon proposal of the person holding the position of General Director, the public service personnel of the Entity that occupy positions with the two administrative hierarchies lower than that of the latter, approve the fixing of their salaries and benefits, and those that the Statute indicates, as well as grant them leaves;
XII. Appoint and remove, upon proposal of its President or Chairman, the Secretary who may be a member or not of the same; as well as, designate or remove, upon proposal of the person holding the position of General Director of the Entity, the Deputy Secretary of the Board of Directors, who may be or not a member of this or of the Entity;
XIII. Propose, in accordance with the law, the constitution of reserves and application of economic surpluses;
XIV. Establish, subject to the relative legal provisions, without the intervention of any other dependency, the norms and bases for the acquisition, lease, and alienation of real estate that the Entity requires for the provision of its services, with the exception of those considered as public domain;
XV. Analyze and approve, if applicable, the reports submitted by the person holding the position of General Director, with the intervention that corresponds to the Public Comptroller;
XVI. Agree, subject to the relative legal provisions, on donations or extraordinary payments and verify that they are applied precisely to the purposes indicated, in the instructions of the Sector Coordinator;
XVII. Approve the norms and bases to determine the uncollectability of debts owed by third parties and in favor of the Entity when the practical impossibility of its collection is notorious, informing the SHCP;
XVIII. Monitor compliance with the criteria of rationality, austerity, and expenditure discipline, in accordance with which the Entity shall exercise its budget;
XIX. Designate, at the indication of the President or Chairman of the Republic, the person holding the position of General Director of the Entity, and
XX. Those others that the Law and its Regulation confer with that character.
ARTICLE 8. The Board of Directors shall have a Secretary and a Deputy Secretary, the latter, shall replace the former in their absences and carry out the functions that pertain to the latter.
ARTICLE 9. The Secretary or Deputy Secretary of the Board of Directors of the Entity in ordinary or extraordinary sessions, shall have the following functions:
I. Formulate the agenda of the Board of Directors sessions, with due advance, taking into account the matters that, upon proposal of the member persons, the person holding the position of General Director of the Entity, and the Public Comptroller, must be included and submitted for approval by the President or Chairman of the Board of Directors;
II. Send for study, the documentation of the matters to be addressed to the persons integrating the Board of Directors, ensuring that its receipt is made within a term of 5 business days before the holding of the session;
III. Take attendance and verify that the necessary quorum exists, in terms of the applicable legal provisions, for the corresponding session to take place;
IV. Elaborate the calendar of Board of Directors sessions and submit it for consideration to the same;
V. Gather information on the compliance with the agreements of the Board of Directors and make it known to the persons integrating the same;
VI. Read the minutes of the previous session and take note of the observations of the member persons, in order to make the pertinent modifications;
VII. Elaborate the minutes of the sessions held by the Board of Directors and record them in the respective book, once approved, obtaining the signatures of the attending member persons and those who attend. Likewise, keep the record of the agreements taken in the sessions of the own Board of Directors;
VIII. Safeguard the information that originates from the sessions held, and
IX. Those others that are expressly assigned by the person holding the position of Chairman of the Board of Directors.
ARTICLE 10. The functioning of the Board of Directors shall be subject to what is established in articles 8 and 9 of the Decree, in addition to the following:
I. The person holding the position of Sector Coordinator of the Entity in their character as President or Chairman, may convene ordinary sessions within a term of 5 business days and extraordinary ones with 3 business days;
II. Resolutions shall be taken by the majority of the attending persons integrating the Board, provided that the person holding the position of Chairman participates, who shall have the casting vote in case of a tie;
III. The Board of Directors shall meet in an ordinary manner at least every three months and in an extraordinary manner when so warranted;
IV. From each session, a minutes shall be elaborated, which shall be recorded in the respective book, once approved by the Board of Directors, obtaining the signatures of the person holding the position of Chairman, the attending member persons, and those who attend. Likewise, the record of the agreements taken in the sessions shall be kept, and
V. For the holding of the session, the summons shall be sent within a term of 5 business days and must be accompanied by the agenda, as well as the corresponding documentation, this information shall be sent by the Holder or Holder of the Entity or by the Secretary or Deputy Secretary to the persons integrating the Board of Directors and public comptrollers.
CHAPTER III
OF THE PERSON HOLDING THE POSITION OF GENERAL DIRECTOR
ARTICLE 11. The person holding the position of General Director shall be designated in terms of what is established by article 21 of the Law.
They shall have the attributions and obligations established in articles 22 and 59 of the Law; likewise, without prejudice to the powers that other laws, regulations, decrees, agreements, and other administrative provisions grant them, the following shall correspond to them:
I. Evaluate programs, projects, plans, and institutional studies, as well as propose them to the Board of Directors, to promote the growth and development of the Entity;
II. Establish institutional actions and strategies to promote the growth and development of the Entity at the national and international levels;
III. Evaluate business models related to Article 3 of the Decree, as well as propose them to the Board of Directors, with the purpose of promoting the growth and development of the Entity;
IV. Evaluate proposals for the update of prices and fees for Financial Services and Telegraphic Services, and propose them to the Board of Directors for approval, in order to achieve commercial objectives and goals;
V. Formalize all kinds of acts and documents related to the purpose of the Entity, in accordance with applicable regulations, to guarantee its operation and functioning;
VI. Sign the general working conditions, taking into consideration the opinion of the union, when appropriate, in order to regulate the labor relationship between the Entity and its personnel;
VII. Evaluate the Entity's ICT projects, with the object of determining which are necessary to streamline and maintain operations;
VIII. Direct the processes and/or procedures, strategies, policies, and institutional social communication, promotion, and advertising campaigns, to position its image at the national and international levels;
IX. Authorize specific policies of institutional social communication, promotion, and advertising, in order to promote its development, growth, and consolidation at the national and international levels;
X. Propose institutional social communication, promotion, and advertising strategies and campaigns to the Ministry of Finance and Public Credit (SHCP), to maximize the impact of the Entity at the national and international levels;
XI. Formalize agreements, links, and alliances with dependencies and entities of the Federal Public Administration (APF), with public and private institutions, with prior approval of the Board of Directors in the cases that correspond, to promote its growth and consolidation at the national and international levels;
XII. Represent the Entity in forums, meetings, conventions, congresses, conferences, and any other event linked to Article 3 of the Decree, with the purpose of promoting its activities, products, and services at the national and international levels;
XIII. Propose modifications to the Statute and the Basic Structure to the Board of Directors, for their approval, in order to fulfill the purpose of the Entity;
XIV. Authorize personnel movements of command proposed by the heads of Administrative Units, with the exception of those that fall under the Board of Directors, to strengthen its operation and functioning;
XV. Attend and intervene in the sessions held by the Board of Directors with voice, but without vote, as well as comply with the provisions agreed upon by the same;
XVI. Submit activity reports in ordinary or extraordinary sessions before the Board of Directors, as appropriate, for the period in question, as well as those that are requested;
XVII. Provide the information required by the Sector Coordinator, for its inclusion in the respective Presidential Report;
XVIII. Issue certifications of the documents held in the files of the General Directorate, to address the corresponding requirements;
XIX. Represent the Entity according to the powers for acts of administration and ownership, for lawsuits and collections that have been conferred upon it, including alternative means of resolution; administrative and judicial, even in conciliation at any of its stages, withdrawing from them, including amparo trials and their appeals; as well as, grant forgiveness before the competent administrative or judicial authorities in complaints that the Entity files at the national and international levels;
XX. Propose to the Board of Directors the appointment or removal of the first two levels of public servants of the Entity, the fixing of salaries and other benefits, in accordance with the global assignments of the approved current expenditure budget;
XXI. Delegate by agreement the attributes referred to in the preceding sections, except those that by legal provision are non-delegable;
XXII. Propose to the Board of Directors the appointment or removal of the Secretary of the same;
XXIII. Perform those functions conferred by applicable provisions, as well as those expressly entrusted to it by the Head of the SHCP.
CHAPTER IV
OF THE ADMINISTRATIVE UNITS
ARTICLE 12. For the exercise of its functions, the Entity will have the following Administrative Units:
I. Directorate of Financial Services and Branch Operation;
II. Directorate of Administration and Finance;
III. Directorate of Planning and Financial Inclusion;
IV. Directorate of Intelligence and Risk Attention, and
V. Directorate of Legal Affairs.
ARTICLE 13. In charge of each directorate there will be a Director or a Director General, who will be assisted by the heads of sub-directorates, manageries, and departments that make up the authorized structure of their Administrative Unit; the functions of these positions will be specified in the Institutional Organization Manual.
The head of each directorate will have in charge the following functions:
I. Agree on matters within their competence and that due to their relevance require the approval of the Head of the General Directorate, as well as, inform on their attention and follow-up;
II. Propose programs, projects, plans, and studies within their competence, for evaluation by the Head of the General Directorate, as well as, inform on progress and results;
III. Exercise the budget authorized for their Administrative Unit and inform the Head of the General Directorate;
IV. Issue internal regulations for the fulfillment of the functions conferred to their Administrative Unit, when appropriate and in accordance with their competence, as well as, direct actions to ensure compliance with them;
V. Direct the processes, procedures, actions, and strategies under their charge;
VI. Authorize actions and strategies that streamline administration, performance, and fulfillment of the functions under their charge;
VII. Advise the Administrative Units of the Entity, upon request and within the scope of their competence;
VIII. Propose personnel movements of their Administrative Unit to the Head of the General Directorate or the Directorate of Administration and Finance, as appropriate, as well as sign the documents derived from these;
IX. Manage the requirements and training needs before the Directorate of Administration and Finance, as well as, direct the fulfillment of actions in matters of human resources that it establishes;
X. Instruct the elaboration, update, cancellation, and formalization of normative instruments within the competence of their Administrative Unit;
XI. Direct the fulfillment of agreements and contracts within the framework of their functions, competence, delegation, or substitution;
XII. Address information and documentation requirements made by the Administrative Units of the Entity, by federal, state, and municipal authorities, as well as by autonomous bodies, dependencies, and entities of the APF, in accordance with the framework of their competence and in terms of applicable regulations;
XIII. Preside or be part of the committees, subcommittees, and commissions that correspond to them, in accordance with what is established in applicable regulations, the functions conferred, or the designation of the Head of the General Directorate;
XIV. Coordinate technical and/or administrative projects with authorities, autonomous bodies, dependencies, and entities of the APF, with prior authorization of the Head of the General Directorate;
XV. Issue certifications of the documents held in the files of their respective Administrative Units, for which they may delegate this attribute in writing to the heads of their sub-directorates and manageries;
XVI. Sign contracts and agreements, according to the attribute that corresponds to them, and appoint an administrator for each legal instrument for its execution and compliance;
XVII. Request from the Directorate of Administration and Finance, the implementation of what is established by sections XXXVIII, XXXIX, XL, XLI, and XLII of Article 15 of the Statute, who will provide the characteristics of the requirement, so that, at the appropriate time, the administrative unit executes and operates;
XVIII. Exercise the commissions entrusted to them by the Head of the General Directorate and perform the necessary actions for their fulfillment.
XIX. Perform functions that are related to those indicated in the preceding sections and those expressly instructed by the Head of the General Directorate.
ARTICLE 14. It corresponds to the Head of the Directorate of Financial Services and Branch Operation:
I. Direct the processes and/or procedures for the operation of Financial Services and Telegraphic Services, to promote the growth and development of the Entity;
II. Direct the processes and/or procedures for the commercialization of Financial Services and Telegraphic Services, as well as, authorize the Commercial Plan for these services, to maximize the impact of the Entity at the national and international levels;
III. Direct the operation and functioning of the state manageries, to align their performance with the regulatory framework and institutional objectives and goals;
IV. Evaluate, determine, and issue the feasibility study for the opening, relocation, or closure of branches at the national level, to promote the growth and development of the Entity;
V. Authorize and direct the Annual Supervision Program of the branch network, to ensure that the operation and functioning of this is carried out in accordance with the applicable regulatory framework;
VI. Establish and authorize actions, strategies, and operational and commercial indicators for Financial Services, telegraphic transfers, and Telegraphic Services, to streamline their provision at the national and international levels;
VII. Evaluate the impact and level of acceptance of Financial Services and Telegraphic Services and telegraphic transfers at the national and international levels, to determine the efficiency and effectiveness of these in the population;
VIII. Coordinate the process for updating the prices and fees of Financial Services, telegraphic transfers, and Telegraphic Services, as well as, propose this to the Head of the General Directorate, in order to achieve commercial objectives and goals;
IX. Formalize and appoint the administrator of the agreements, contracts, or legal instruments of Telegraphic Services and telegraphic transfers, to operate and/or commercialize what is established in them;
X. Formalize the rescission, early termination, suspension, and modification of the agreements, contracts, and legal instruments of Financial Services, telegraphic transfers, and Telegraphic Services;
XI. Direct the fulfillment of agreements and contracts related to Financial Services, telegraphic transfers, and Telegraphic Services in charge of the state manageries, to operate and/or commercialize what is established in these;
XII. Cooperate with the different areas of the Entity in the promotion and fostering of Financial Products, to maximize the capture of clients and users;
XIII. Contribute with the different Administrative Units in the design and generation of New Services, Financial Products, and Savings Promotion, to promote the growth of the Entity; and
XIV. Perform those functions conferred by applicable provisions, those entrusted to them expressly by the Head of the General Directorate, as well as those established in Article 13 of the Statute.
ARTICLE 15. It corresponds to the Head of the Directorate of Administration and Finance:
I. Direct the planning, programming, budgeting, control, and evaluation actions, regarding the Entity's budget, to fulfill the goals, programs, plans, and projects established;
II. Direct the integration of the draft budget of income, expenses, and investment, as well as, propose these to the Head of the General Directorate, to submit the proposals to the corresponding instances for their approval;
III. Administer the financial, human, material, and ICT resources of the Entity, as well as its assets, to guarantee its operation and functioning;
IV. Direct the processes and/or procedures of financial, human, material, and ICT resources of the Entity, to fulfill the goals, programs, plans, and projects established;
V. Evaluate the financial situation of the Entity, as well as, inform the Head of the General Directorate of this, in order to determine actions and strategies to optimize resources;
VI. Direct the elaboration of financial and budgetary reports, for their audit and integration into the Public Account Report;
VII. Determine strategies and actions to optimize resources under the Entity's charge, with the object of avoiding risk situations;
VIII. Authorize the opening, cancellation, and maintenance of the Entity's bank accounts, as well as, of digital platforms for the settlement of commitments, collection, dispersion of funds, service of endowment, and collection of valuables;
IX. Direct the process of dispersion and concentration of funds at the national level, coordinating actions for its fulfillment with the Directorate of Financial Services and Branch Operation, to guarantee that Administrative Units have the resources for their operation;
X. Direct the process of dispersion of resources coming from national and international programs or financial entities, destined for the target population of the corresponding budgetary programs;
XI. Coordinate programs related to the granting of resources coming from other sources of financing and, if applicable, from other dependencies and entities of the APF of the three levels of government: Federal, State, and Municipal in terms of applicable provisions;
XII. Direct the processes and procedures for acquisitions, leases, services, and public works, requesting the legal opinion of contractual instruments from the Directorate of Legal Affairs to contribute to Administrative Units fulfilling their goals and objectives;
XIII. Authorize the processes of rescission, early termination, suspension, and modifying agreements of contracting for goods, services, and public works, with prior legal opinion issued by the Directorate of Legal Affairs, as well as make sure of surety bonds, with the object of safeguarding the Entity's patrimony;
XIV. Authorize the Annual Program of Acquisitions, Leases, Services, and Public Works, as well as, direct actions for its fulfillment, with the object of contributing to Administrative Units fulfilling their goals and objectives;
XV. Apply regulations relative to the occupation, registration, and control of real estate, as well as guarantee the provision of general services under their charge and define those of other Administrative Units, considering the contracting of insurance for the movable and immovable assets of the Entity;
XVI. Administer immovable assets and participate in their regularization, as well as in the recovery of those illegally occupied in coordination with the Directorate of Legal Affairs and the Directorate of Financial Services and Branch Operation, as well as issue guidelines for their optimal use, if applicable, alienate immovable assets owned by the Entity that are no longer useful, in accordance with regulations and procedures established;
XVII. Manage the update of prices and fees for Financial Services and Telegraphic Services under the Entity's charge, before the SHCP, upon request from service-providing areas, as well as authorization from the Board of Directors, in order to achieve commercial goals and objectives;
XVIII. Authorize the Annual Archival Development Program, with the purpose of regulating the handling and organization of the Entity's files and archives;
XIX. Fulfill obligations derived from its status as Responsible Unit of the Trust;
XX. Authorize personnel movements proposed by the Administrative Units of the Entity, with the purpose of operating according to service needs;
XXI. Direct the processes and/or procedures for recruitment, selection, entry, and separation of personnel, as well as, authorize those related to the provision of social service and professional internships, as appropriate, with the purpose that Administrative Units operate according to their needs;
XXII. Issue appointments and/or certificates of appointment to personnel, as well as, authorize leaves for permanent staff, with the purpose of formalizing labor benefits;
XXIII. Authorize processes and/or procedures for the granting and payment of salaries and wages, benefits, institutional remittances, and to third parties, as well as settlements, to fulfill labor obligations;
XXIV. Evaluate modifications to general working conditions, taking into consideration union proposals for permanent staff; as well as, propose these to the Head of the General Directorate, with the purpose of strengthening the labor relationship with personnel;
XXV. Issue norms in matters of punctuality, productivity, attendance control, and permanence to which personnel will be subject, with the object of regulating the operation and functioning of the Entity;
XXVI. Direct the process of organizational design and transformation of the Entity, to align its operation and functioning with its institutional objectives and goals;
XXVII. Manage the approval and registration of the Statute, the Organic Structure, salary scales, and the Position Catalog, to align the operation and functioning of the Entity with its objectives and goals;
XXVIII. Determine labor actions and strategies, taking into consideration the opinion of the Union, when appropriate, to strengthen the labor relationship with personnel;
XXIX. Coordinate the procedure for the application of sanctions, with the Directorate of Legal Affairs, with the object of regulating the labor relationship of the Entity's personnel;
XXX. Direct the process to audit administrative minutes, as well as request from the Directorate of Legal Affairs, to manage the cessation of the effects of the appointment of personnel, when deemed appropriate, with the object of applying the corresponding labor regulations;
XXXI. Direct legal and administrative actions derived from the termination of the labor relationship issued by the Labor Authority, as well as from the cessation of the effects of appointment of trust personnel, to comply with what ordered by said authority;
XXXII. Authorize the Annual Training Program and actions derived from it, with the purpose of strengthening personnel development;
XXXIII. Authorize actions and strategies for personnel services, cultural, sports, climate, and organizational culture at the national level, to strengthen the work environment in the Entity;
XXXIV. Direct and administer activities carried out in the Entity's museum or museums, to foster the cultural development of personnel and the population;
XXXV. Direct the fulfillment of regulations in matters of ICT of the Entity, to regulate its operation, continuity, and security;
XXXVI. Propose strategic and operational ICT projects to the Head of the General Directorate, to determine those that should be presented for approval to the corresponding authority;
XXXVII. Direct the Entity's ICT projects, with prior authorization from corresponding instances, as well as, establish actions and strategies for their fulfillment, with the object of maintaining and streamlining its operation and functioning;
XXXVIII. Authorize and direct the dispersion of resources and electronic transfers through different payment means, to effect fulfillment of the creation purpose of the entity, in coordination with the administrative unit that requests it;
XXXIX. Authorize and direct the technological development of digital applications necessary for the fulfillment of the creation purpose of the entity in coordination with the administrative unit according to needs.
XL. Authorize the creation and administration of electronic accounts in the name of beneficiaries related to social programs, or persons who receive support, in coordination with the administrative unit that requests it, complying with applicable legal provisions.
XLI. Manage the authorization of strategic and operational ICT projects of the Entity, as well as, the technical opinion, that corresponds, with the object of streamlining the operation and functioning of the Entity; and
XLII. Perform those functions conferred by applicable provisions, those entrusted to them expressly by the Head of the General Directorate, as well as those established in Article 13 of the Statute.
ARTICLE 16. It corresponds to the Head of the Directorate of Planning and Financial Inclusion:
I. Establish the development of processes and/or procedures for the design, promotion, granting, formalization, and recovery of Financial Products;
II. Establish actions, strategies, and operational indicators, for promotion, granting, formalization, and recovery of Financial Products, to streamline their granting and maximize their impact among the population;
III. Establish the granting and formalization process in collaboration with the Directorate of Financial Services and Branch Operation and the Directorate of Administration and Finance, which will allow control of the placement of Financial Products;
IV. Diagnose financing needs and conditions of the population, in order to develop Financial Products for their benefit;
V. Analyze that Financial Products are aligned with regulatory provisions in matters of compliance, in coordination with the Directorate of Intelligence and Risk Attention, with the object of safeguarding resources;
VI. Issue the Program for Promotion and Fostering of Financial Products, for its implementation through the Directorate of Financial Services and Branch Operation at the national level;
VII. Analyze the efficiency of processes and/or procedures for the design, promotion, granting, and
recovery, in coordination with the Directorate of Administration and Finance and the Directorate of Financial Services and Branch Operation, in order to safeguard resources;
VIII. Coordinate the integration of the Institutional Program of the Organism with the Administrative Units, as well as propose it to the Head of the General Directorate, in order to formalize institutional commitments and goals;
IX. Consolidate the data and statistics inherent to the objectives and goals of the Institutional Program in coordination with the Administrative Units, to evaluate the compliance of the Organism;
X. Establish actions, strategies, and performance evaluation indicators, to comply with the plans, programs, and projects of the Organism;
XI. Propose the institutional reports of the Organism, so that once authorized, they are presented before the Board of Directors and other corresponding instances, and thus make known the results obtained;
XII. Participate in international organizations and forums on financial services and financing, in coordination with the SHCP;
XIII. Coordinate the processes and/or procedures of the Financial Products, with the purpose of benefiting individuals and legal entities with productive activities or micro, small, and medium businesses;
XIV. Establish and coordinate the Financial Education Program for those accredited and/or supported with some of the Financial Products, with the purpose of sensitizing and fostering the responsible use of the resources granted to them;
XV. Direct the process of granting and formalization in collaboration with the Directorate of Financial Services and Branch Operation and the Directorate of Administration and Finance, which will allow for control of the placement of the Financial Products;
XVI. Establish the Program for the Promotion and Development of Financial Products at the national level, to boost financing among the target population;
XVII. Direct the processes and/or procedures for the promotion, granting, and formalization, as well as the recovery of the Financial Products;
XVIII. Coordinate the actions, strategies, and operational indicators, of promotion, granting, and formalization, as well as the recovery of the Financial Products, to efficient their granting and maximize their impact among the target population;
XIX. Establish contact channels with those accredited and/or supported with a financial product to provide attention and follow-up to requests for balance clarification and data update;
XX. Analyze collaboration proposals with the three levels of Government: Federal, State, and Municipal, in the operation of programs that require their participation;
XXI. Analyze National and International Funding Lines, as well as, coordinate their contracting with the Directorate of Administration and Finance, to maximize resources; and
XXII. Perform those functions conferred by the applicable provisions, those expressly entrusted to them by the Head of the General Directorate, as well as those established in article 13 of the Statute.
ARTICLE 17. It corresponds to the Head of the Directorate of Intelligence and Risk Attention:
I. Direct the processes and procedures of regulatory compliance of the Organism, as well as, authorize specific actions and strategies, in order to ensure operational continuity;
II. Direct the risk management process of the Organism, with the object of foreseeing situations that compromise institutional security;
III. Coordinate the implementation of control mechanisms for the administration of institutional risks with the Administrative Units, in order to foresee and reduce situations that compromise the security and operability of the Organism;
IV. Propose the Intelligence Plan of the Organism to the Head of the General Directorate, as well as, direct its implementation and compliance, to maintain its operation and functioning;
V. Consolidate information on criminal events, risks, vulnerabilities, and irregularities in which public servants of the Organism incur, to determine the corresponding preventive actions and measures;
VI. Establish norms, procedures, and preventive and corrective measures to combat risks, offenses, and vulnerabilities in the Organism, in order to ensure operational continuity;
VII. Establish and direct the crime prevention strategy within the Organism, as well as the priority actions in matters of security in its facilities and in the branch network, to guarantee operational continuity;
VIII. Propose mechanisms to foresee criminal acts in the facilities, before federal, state, and municipal authorities, as well as, coordinate the implementation of these, to maintain the operation and security of the Organism;
IX. Coordinate preventive or punitive actions and strategies with National Security Instances, to reduce the crime index against the Organism;
X. Direct the investigations of offenses that proceed within the Organism, as well as, inform what derives from these, to the corresponding Administrative Units, with the purpose of clarifying criminal events committed to its detriment;
XI. Authorize the report of the results of the investigations and inform the Administrative Units of this, so that within the framework of their competence they carry out the administrative, labor, or penal actions that correspond;
XII. Plan actions and strategies for the control of economic resources in the branch network of the Organism, as well as, coordinate their implementation with the involved Administrative Units, in order to guarantee operation and avoid operations with resources of illicit origin, such as money laundering and terrorist financing;
XIII. Supervise that credit plans and comprehensive financial administration plans are complied with, in order to verify compliance with the applicable regulation for the Financial Products;
XIV. Evaluate the results of internal credit and comprehensive financial administration audits carried out by external auditors, as well as, establish the necessary preventive, corrective, and improvement actions, to comply with the applicable financial provisions;
XV. Coordinate the implementation of the Internal Control System, based on the applicable provisions, to achieve the objectives and goals foreseen for the Organism;
XVI. Define and establish the security systems and resources that guarantee remote surveillance, physical protection, and the implementation of alert mechanisms in the facilities and in the branch network of the Organism, directing the installation of security systems in coordination with the involved areas, with the object of foreseeing and identifying situations that compromise the operation and institutional security;
XVII. Evaluate the control mechanisms for the granting, formalization, and recovery of the Financial Products in order to issue its authorization in coordination with the Directorate of Planning and Financial Inclusion;
XVIII. Establish the strategies to identify, evaluate, and mitigate risk in the granting of the Financial Products, in order to safeguard resources; in coordination with the Directorate of Intelligence and Risk Attention;
XIX. Formalize and appoint the administrator of the agreements, contracts, or legal instruments within the framework of its functions, competence, delegation, or substitution;
XX. Authorize the Internal Civil Protection Program of the Organism, as well as, coordinate at the national level the actions that derive from it, to foresee and reduce risks to the physical integrity of personnel and users in its facilities, and
XXI. Perform those functions conferred by the applicable provisions, those expressly entrusted to them by the Head of the General Directorate, as well as those established in article 13 of the Statute.
ARTICLE 18. It corresponds to the Head of the Directorate of Legal Affairs:
I. Legally represent the Organism and the Head of the General Directorate before the jurisdictional bodies and other administrative authorities of the three levels of government, as well as protect the legal interest of the Organism in all kinds of procedures, trials in all matters, arbitrages, and any other controversy of any nature in which it is a party, has a legal interest, and has active procedural standing at the national or international level, and intervene and present all types of promotions or legal resources that derive from these, even agreeing, yielding, or settling in them, in order to safeguard its interests;
II. Propose the draft projects of initiatives of laws, decrees, regulations, and agreements that relate to the object of the Organism to the Head of the General Directorate, with the purpose of regulating the operation and functioning of the Organism;
III. Authorize the models of contracts for the provision of services, granting of Financial Products, and those related to real estate, as well as the legal acts that derive from these, to regulate the operation of the Organism at the national and international level;
IV. Authorize the celebration of the proposed legal instruments, or those that result necessary for the fulfillment of the functions of the Administrative Units, with the purpose of regulating the operation and functioning of the Organism;
V. Authorize, direct, and participate in legal actions and strategies at the national and international level, to safeguard the operation, functioning, and patrimony of the Organism;
VI. Authorize and direct legal actions and strategies for the judicial recovery of resources related to the granting of Financial Products, to reintegrate them to the Trust;
VII. Evaluate the feasibility of ceasing the effects of the appointment due to loss of confidence, prior to the request of the Administrative Units, to carry out the corresponding labor and administrative actions, if deemed feasible;
VIII. Determine the feasibility of terminating the employment relationship, prior to the request of the Directorate of Administration and Finance, with the purpose of carrying out the necessary management before the Labor Authority and the Administrative Units;
IX. Determine the termination of the effects of the appointment of permanent staff, prior to the authorization of the corresponding Labor Authority; or in its case, the termination of the cessation of the effects of the appointment for confidence staff, in order to conclude the employment relationship between this and the Organism;
X. Promote the authorization of the cessation of the effects of the appointment of personnel before the corresponding Labor Authority, when appropriate, to end the employment relationship between the Organism and the personnel;
XI. Evaluate and determine the imposition, reduction, or revocation of the sanctions established by the Directorate of Administration and Finance, to determine the legal labor relationship of the personnel;
XII. Dictate the cancellation of debts owed by third parties in the accounting records of the patrimonial assets of the Organism, prior to the request of the Directorate of Administration and Finance, with the purpose of canceling the collection actions that might proceed, in terms of the applicable legal provisions;
XIII. Direct the management of consulting and coordination for the registration, administration, and protection of trademarks, patents, and logos of the Organism before the Mexican Institute of Industrial Property and the National Institute of Copyright, as well as the declarations of use and renewals thereof, at the request of the corresponding administrative unit, to guarantee their use and safeguard the patrimony of the Organism;
XIV. Dictate and/or issue a legal opinion on lease and loan agreements; likewise issue a report or opinion regarding the acquisition, alienation, assignment, use, and destination, as appropriate, at the request of the Directorate of Administration and Finance, as well as approve and direct the diligences or judicial and/or administrative actions for the regularization of the real estate occupied by the organism in order to keep the institutional patrimony in order;
XV. Provide legal advice on topics inherent to the Organism in acts of processes and procedures of acquisitions, leases, services, and public works, as well as reviews for the issuance of Legal Opinions, regarding legal instruments and surety bonds, within the framework of the Law of Acquisitions, Leases and Provision of Services of the Public Sector and public works of movable and immovable goods to the Administrative Units. Dictate the initiation of the rescission of contractual instruments, in order to maintain in order its operation and functioning;
XVI. Provide legal advice on topics inherent to the Organism, as well as observe, sanctions, and reports of the contracts and agreements for the provision of services of the Organism;
XVII. Propose the designation of the coordinating and legal liaison persons of the state directorates to the Directorate of Financial Services and Branch Operation, as well as, issue their opinion on the candidate persons, with the object of efficient the operation and functioning of the Organism;
XVIII. Establish coordination and supervision mechanisms for the Coordination and Legal Liaison positions of the state directorates, to be implemented by said Administrative Units, in order to efficient the exercise and fulfillment of the functions that they have in charge;
XIX. Direct the management to carry out the registration of powers, revocations, appointments, and other documents of the organism before the Public Registry of Decentralized Organisms, with the object of operating in compliance with the current regulatory framework, likewise, keep said records updated;
XX. Manage the issuance of general and/or special powers, as well as the revocations thereof in favor of the public persons of the Organism, prior to the request of the Head of the General Directorate, in order to exercise representation powers before third parties for the organism;
XXI. Manage the publication of the delegatory agreements of powers in favor of the public servants of the organism, in the Official Gazette of the Federation, in order to formalize their performance in various legal acts;
XXII. Authorize the prior and justified reports, to be presented before the corresponding authorities;
XXIII. Authorize the real or personal guarantees applicable to the Organism, with the purpose of safeguarding its patrimony;
XXIV. Direct the actions in matters of transparency, access to public information, and protection of personal data, to comply with the applicable regulations,
XXV. Require information and/or documentation from the administrative units of the Organism for the timely discharge of requirements by third parties;
XXVI. Define the improvement actions in the internal processes of the Organism, in coordination with the Administrative Units, to strengthen its operation and functioning;
XXVII. Advise in the process and/or procedure of elaboration, update, cancellation, formalization, and registration of the normative instruments of the Administrative Units, to regulate the operation and functioning of the Organism; and
XXVIII. Perform those functions conferred by the applicable provisions, those expressly entrusted to them by the Head of the General Directorate, as well as those established in article 13 of the Statute.
CHAPTER V
ON THE TEMPORARY SUBSTITUTION OF THE HEADS OF THE ADMINISTRATIVE UNITS
ARTICLE 19. The Head of the General Directorate may be substituted by the Head of the Directorate of Financial Services and Branch Operation; of the Directorate of Administration and Finance; of the Directorate of Planning and Financial Inclusion; of the Directorate of Legal Affairs and Directorate of Intelligence and Risk Attention, in the order indicated.
ARTICLE 20. The heads of the directorates may be substituted by the Deputy Director or Deputy Director designated by them; the deputy directorates by the Manager or Manager, and the directorates by whom the Director or Director of the corresponding Administrative Unit designates.
CHAPTER VI
ON THE EXTINCTION OF THE ORGANISM
ARTICLE 21. The SHCP, upon proposal, and with the favorable opinion of the Intersecretarial Commission for Disincorporation, will submit to the consideration of the Head of the Federal Executive the disincorporation of the Organism, observing the same formalities followed for its creation.
The extinction of Financiera para el Bienestar will be carried out complying with the bases and conditions indicated in the Decree that for that object is issued by the Federal Executive and that is published in the Official Gazette of the Federation.
ARTICLE 22. The causes for the extinction of the Organism shall be the following:
I. The impossibility of continuing to carry out its main object;
II. The merger with another Organism, and
III. For causes of interest or public utility.
CHAPTER VII
ON THE COMMITTEES
ARTICLE 23. The Board of Directors, upon proposal of the Head of the Presidency or at least one-third of the member persons, may constitute Specialized Technical Committees or Subcommittees to support strategic programming and the supervision of the normal course of the Organism, to address problems of administration and organization, as well as for the application of technological advances and the others that allow to raise its efficiency.
TRANSITORY PROVISIONS
FIRST. This Organic Statute will enter into force the day after its publication in the Official Gazette of the Federation.
SECOND. The Organic Statute of Financiera para el Bienestar published in the Official Gazette of the Federation on April 17, 2024, is hereby repealed.
THIRD. From the entry into force of this Organic Statute, the Administrative Units will assume the exercise of the faculties, attributions, and functions that correspond to them, in accordance with what is established in the current regulations.
FOURTH. The mentions and attributions contained in other normative provisions to the administrative units that cease to exist will be carried out by the new administrative units, until such time as the Organic Structure of Financiera para el Bienestar is authorized, they will have the following attributions:
I. The Head of the former Executive Directorate of Operation, will assume the exercise of the faculties, attributions, and functions that pertain to the Directorate of Financial Services and Branch Operation, for which, it will have the Administrative Units and necessary support staff for the fulfillment of its functions;
II. The Head of the former Executive Directorate of Administration, will assume the exercise of the faculties, attributions, and functions that pertain to the Directorate of Administration and Finance, for which, it will have the Administrative Units and necessary support staff for the fulfillment of its functions;
III. The Head of the former Directorate of Financing and Planning, will assume the exercise of the faculties, attributions, and functions that pertain to the Directorate of Planning and Financial Inclusion, for which, it will have the Administrative Units and necessary support staff for the fulfillment of its functions.
IV. The Head of the former Directorate of Compliance and Intelligence, will assume the exercise of the faculties, attributions, and functions that pertain to the Directorate of Intelligence and Risk Attention, for which, it will have the Administrative Units and necessary support staff for the fulfillment of its functions.
The Organism will propose the appointment of the head of the Administrative Unit to the Board of Directors and will manage before the SHCP and the SABG, the approval and registration of the Organic Structure, in terms of the applicable regulations.
FIFTH. The Organism will issue the Institutional Organization Manual in a period not greater than 100 business days following the approval and registration of the Organic Structure.
Respectfully,
Mexico City, May 26, 2025.- Mtra.
María del Rocío Mejía Flores, General Director of
Financiera para el Bienestar. - Rubric.
(R.- 564882)
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