2015-12-22 | DOF 5420966

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Resolution modifying general provisions applicable to entities and persons under Articles 3 and 4 of the CNBV Law regarding document delivery and receipt

The resolution amends the General Provisions applicable to entities and persons under Articles 3 and 4 of the Law of the National Banking and Securities Commission (CNBV) to require the inclusion of the Unique Population Registry Key (CURP) in all submissions. Specifically, it mandates that written documents contain the sender's and recipient's minimum identification data and a simple copy of the CURP of the individual promoting the information, notice, request, or appeal. This requirement applies regardless of whether the submission is made in a legal representative capacity or through electronic systems such as the Interinstitutional Information Transfer System. The resolution entered into force the day following its publication in the Official Gazette on December 22, 2015.

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DOF: 22/12/2015

RESOLUTION modifying the general provisions applicable to the entities and persons referred to in Articles 3, fractions IV, V and VI, and 4, fraction XXX, of the Law of the National Banking and Securities Commission, as well as to the general public, in the delivery and receipt of documents at the National Banking and Securities Commission.

A seal bearing the National Coat of Arms appears on the margin, which reads: United Mexican States.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.

The National Banking and Securities Commission, based on the provisions of Articles 5 Bis 1, second paragraph, and 97, first paragraph, of the Credit Institutions Law; 350, second paragraph, and 419, second paragraph, of the Securities Market Law; 5 Bis 1, second paragraph; 51-A and 87-B, eighth paragraph, of the General Law of Credit Auxiliary Organizations and Activities; 94, second paragraph, of the Investment Funds Law; 7, second paragraph, of the Law to Regulate Financial Groupings; 9, second paragraph, and 78, of the Credit Unions Law; 17, second paragraph, of the Law to Regulate Credit Information Societies; 49, of the Organic Law of the National Development Bank for Agriculture, Livestock, Rural, Forestry and Fisheries; 190, second paragraph, of the Law of the Institute of Security and Social Services for State Workers; 66, fraction IV, of the Law of the National Fund for Workers' Housing; 28, fraction III, subsection a), 70, and 73, second paragraph, of the Law to Regulate the Activities of Savings and Loan Cooperatives; 122 Bis and 124 Bis, second paragraph, of the Popular Savings and Credit Law, and 4, fractions XXXVI and XXXVIII, 16, fraction I, and 19, of the Law of the National Banking and Securities Commission,

CONSIDERING

That in line with the Federal Government's commitment to establish a policy of universal digital inclusion in all entities and departments of the Federal Public Administration, it is necessary to require, in all procedures carried out before the National Banking and Securities Commission, the Unique Population Registry Key (CURP) of those who promote such procedures, which will ultimately serve as an access key before all entities and departments of the Federal Public Administration; therefore, it has resolved to issue the following:

RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO THE ENTITIES AND PERSONS REFERRED TO IN ARTICLES 3, FRACTIONS IV, V AND VI, AND 4, FRACTION XXX, OF THE LAW OF THE NATIONAL BANKING AND SECURITIES COMMISSION, AS WELL AS TO THE GENERAL PUBLIC, IN THE DELIVERY AND RECEIPT OF DOCUMENTS AT THE NATIONAL BANKING AND SECURITIES COMMISSION

SINGLE.- The name of the "General Provisions applicable to the entities and persons referred to in Articles 3, fractions IV, V and VI, and 4, fraction XXX of the Law of the National Banking and Securities Commission, as well as to the general public, in the delivery and receipt of documents at the National Banking and Securities Commission" is REFORMED to read "General Provisions applicable to the entities and persons referred to in Articles 3, fractions IV, V, VI, VII and VIII, and 4, fraction XXX of the Law of the National Banking and Securities Commission, as well as to the general public, in the delivery and receipt of documents at the National Banking and Securities Commission"; as well as Article 1, second paragraph; and Article 1 is ADDED with a third paragraph, shifting the last paragraph in its order in the "General Provisions applicable to the entities and persons referred to in Articles 3, fractions IV, V and VI, and 4, fraction XXX of the Law of the National Banking and Securities Commission, as well as to the general public, in the delivery and receipt of documents at the National Banking and Securities Commission", published in the Official Gazette of the Federation on October 5, 2011, to read as follows:

" Article 1.- . . .

In all cases, the documents must contain the minimum identification data of the sender and recipient, as well as include a simple copy of the unique population registry key of the person promoting the information, documentation, notice, request, or who initiates the appeal, regardless of whether they do so in their capacity as legal representative.

The unique population registry key of the persons responsible for transmitting information through the Interinstitutional Information Transfer System, the Securities Information Transfer System, the Securities Information Transfer System-2, or other electronic means, must be included in the forms through which the data of such responsible persons are made known to the National Banking and Securities Commission.

. . . "

TRANSITORY

SINGLE.- This Resolution shall enter into force the day following its publication in the Official Gazette of the Federation.

Respectfully,

Mexico, D.F., December 10, 2015.- President of the National Banking and Securities Commission, Jaime González Aguadé.- Signature.

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