Resolution modifying general provisions applicable to general warehouse receipts, exchange houses, credit unions, and regulated multiple-object financial companies

DOF: 23/07/2018

RESOLUTION modifying the general provisions applicable to general warehouse receipts, exchange houses, credit unions, and regulated multiple-object financial companies

A seal with the National Coat of Arms appears at the margin, stating: 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 Article 87-D, Section V, subsection d) of the General Law of Credit Organizations and Auxiliary Activities, as well as Articles 4, Sections XXXVI and XXXVIII, and 16, Section I of the Law of the National Banking and Securities Commission, and

CONSIDERING

That in accordance with the provisions of the General Law of Credit Organizations and Auxiliary Activities, multiple-object financial companies that issue debt securities under their responsibility, registered in the National Securities Registry in accordance with the Securities Market Law, or, regarding fiduciary titles equally registered in the aforementioned Registry, when the fulfillment of obligations related to the titles issued under the trust depends totally or partially on said company, acting as settlor, assignor, or administrator of the trust estate, or as guarantor or surety of the aforementioned titles, shall be subject to the general provisions issued by the National Banking and Securities Commission in matters of prevention of operations with resources of probable illicit origin, and therefore it is necessary to provide said companies with a legal framework in such matters, has resolved to issue the following:

RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO GENERAL WAREHOUSE RECEIPTS, EXCHANGE HOUSES, CREDIT UNIONS AND REGULATED MULTIPLE-OBJECT FINANCIAL COMPANIES

SOLE PROVISION.- Section VI is ADDED to Article 72 Bis 3, and Article 72 Bis 8, Section VI is REFORMED in the "General provisions applicable to general warehouse receipts, exchange houses, credit unions, and regulated multiple-object financial companies", published in the Official Gazette of the Federation on January 19, 2009, and modified through resolutions published in said dissemination organ on July 1 and 30, 2009; February 18, 2010; February 4, April 11, and December 22, 2011; February 3 and June 27, 2012; January 31, 2013; December 3, 2014; January 8 and 12, May 19, October 19 and 28, 2015; January 22, May 13, September 28, and December 27, 2016; February 28, April 4, July 24, August 25, October 6, November 10, and December 18, 2017; January 23 and April 26, 2018, to read as follows:

"Article 72 Bis 3.-

...

I. to V.

...

VI.

The "General provisions referred to in Articles 115 of the Credit Institutions Law in relation to 87-D of the General Law of Credit Organizations and Auxiliary Activities and 95-Bis of the latter legislation, applicable to multiple-object financial companies", issued by the Ministry and published in the Official Gazette of the Federation on March 17, 2011 and its modifications, or those that replace them.

...

...

Article 72 Bis 8.-

...

I to V.

...

VI.

The "General provisions referred to in Articles 115 of the Credit Institutions Law in relation to 87-D of the General Law of Credit Organizations and Auxiliary Activities and 95-Bis of the latter legislation, applicable to multiple-object financial companies", issued by the Ministry and published in the Official Gazette of the Federation on March 17, 2011 and its modifications, or those that replace them. "

TRANSITORY

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

Respectfully,

Mexico City, July 12, 2018.- The President of the National Banking and Securities Commission, José Bernardo González Rosas.- Signature.

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