2017-03-13 | DOF 5476038Added
The National Banking and Securities Commission amends Article 3 to require that information requests be submitted on official letterhead and bear the handwritten or agreed electronic signature of the authorized public official. It also adds a paragraph to Article 9 to specify that the Commission delivers the requested financial information and documentation to authorities in physical format, on electronic devices, or through the SIARA system. These modifications apply to information requests made by fiscal, administrative, and judicial authorities under the specified financial laws. The Resolution enters into force the day following its publication in the Official Gazette of the Federation.
DOF: 13/03/2017
RESOLUTION modifying the general provisions applicable to the information requests made by the authorities referred to in Article 142 of the Credit Institutions Law, 34 of the Popular Savings and Credit Law,
A seal with 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 Article 142, last paragraph of the Credit Institutions Law; Article 34, last paragraph of the Popular Savings and Credit Law; Article 44 of the Credit Unions Law; Article 69, last paragraph of the Law for Regulating the Activities of Cooperative Savings and Loan Societies; Article 55, last paragraph of the Investment Funds Law and Article 4, sections XXXVI and XXXVIII, 16, section I of the Law of the National Banking and Securities Commission, and
CONSIDERING
That in consideration of the fact that in the processing of proceedings before various fiscal, administrative and judicial authorities, it is necessary for these to have financial information and documentation that is required from financial entities through the National Banking and Securities Commission, and
That given the importance that the requested information be obtained in the shortest possible time, in order for the aforementioned authorities to exercise timely the powers conferred upon them by the applicable legal provisions, it has resolved to issue the following:
RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO THE INFORMATION REQUESTS MADE BY THE AUTHORITIES REFERRED TO IN ARTICLES 142 OF THE CREDIT INSTITUTIONS LAW, 34 OF THE POPULAR SAVINGS AND CREDIT LAW, 44 OF THE CREDIT UNIONS LAW, 69 OF THE LAW FOR REGULATING THE ACTIVITIES OF COOPERATIVE SAVINGS AND LOAN SOCIETIES AND 55 OF THE INVESTMENT FUNDS LAW
SINGLE.- Article 3, sections I and II and the heading of Chapter III are REFORMED to read as follows "Means of notification and delivery of information and documentation"; and Article 9, second paragraph is ADDED to the "General provisions applicable to the information requests made by the authorities referred to in Articles 142 of the Credit Institutions Law, 34 of the Popular Savings and Credit Law, 44 of the Credit Unions Law, 69 of the Law for Regulating the Activities of Cooperative Savings and Loan Societies and 55 of the Investment Funds Law", published in the Official Gazette of the Federation on February 12, 2013, modified by Resolution published in said dissemination organ on August 26, 2014, to read as follows:
" Article 3.- . . .
I.
Present with official letterhead paper of the Authority.
II.
Contain the handwritten signature or, in its case and prior agreement with the Commission, electronic signature of the public official authorized to sign them or by the public official in whom such power is delegated.
III. to VI.
. . .
. . . "
" Chapter III
Means of notification and delivery of information and documentation
Article 9.- . . .
In response to the Requests, the Commission will deliver to the Authorities the information and documentation provided by the Financial Entities, in physical form, electronic device or through the SIARA. "
TRANSITORY
SINGLE.- This Resolution will enter into force the day following its publication in the Official Gazette of the Federation.
Respectfully
Mexico City, March 3, 2017.- The President of the National Banking and Securities Commission, Jaime González Aguadé.- Initials.
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