Resolution modifying general provisions applicable to savings and credit entities, integration organisms, community financial societies, and rural financial integration organisms under the Savings and Popular Credit Law

DOF: 26/01/2018

RESOLUTION modifying the general provisions applicable to savings and credit entities, integration organisms, community financial societies, and rural financial integration organisms, as referred to in the Savings and Popular Credit Law.

At the margin, a seal with the National Coat of Arms, 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 108, fraction III, 109, fraction VI, second paragraph, 110, second paragraph, and 112, last paragraph of the Savings and Popular Credit Law; 4, fractions XXXVI and XXXVIII of the Law of the National Banking and Securities Commission; 12, 15 first paragraph, 21 fraction I, items a) and b), 42, fraction I, and 58 of the Internal Regulations of the National Banking and Securities Commission; as well as articles 13, fractions I, item 1), II, items 25) and 43), 38, fractions I, item 11), and VII, items 36), 37), 38), and 39) of the Agreement by which the President of the National Banking and Securities Commission delegates powers to the Vice Presidents, General Directors, and Assistant General Directors of the Commission, and

CONSIDERING

That it is convenient to determine the additional requirements to those provided by the Savings and Popular Credit Law that members of the Savings Protection Committee must meet, in order to reliably demonstrate their technical capacity in favor of the professionalization of its members, and

That it is necessary to update the norms regarding the procedure to be observed for the payment of guaranteed obligations in case that, in accordance with the Savings and Popular Credit Law, the principal and accessories of the money deposits subject to coverage must be paid in terms of what is provided in said Law, in order to have a clear framework that allows savers of popular financial societies to obtain their resources without delay, as well as to specify the form and terms in which the amounts corresponding to savers will be covered, has resolved to issue the following:

RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO SAVINGS AND CREDIT ENTITIES, INTEGRATION ORGANISMS, COMMUNITY FINANCIAL SOCIETIES, AND RURAL FINANCIAL INTEGRATION ORGANISMS, AS REFERRED TO IN THE SAVINGS AND POPULAR CREDIT LAW

SOLE.- Articles 1, fraction XLVI, and 302 to 320 are REFORMED; Chapter II Bis to Title Seventh, to be called "Of the requirements of the members of the Savings Protection Committee," comprising articles 301 Bis to 301 Bis 4, Annexes J-Bis, to be called "Report on the designation of members of the Savings Protection Committee referred to in the Savings and Popular Credit Law," and Y, to be called "Minimum content of the saver database of Popular Financial Societies," are ADDED; and article 321 of the "General provisions applicable to savings and credit entities, integration organisms, community financial societies, and rural financial integration organisms, as referred to in the Savings and Popular Credit Law," published in the Official Gazette of the Federation on December 18, 2006, updated with modifications published in said dissemination organ on January 18 and August 11, 2008, December 16, 2010, December 18, 2012, and January 12, February 6, April 2, September 22, and October 29, 2015, January 7, February 2, April 22, July 11, September 28, December 27, 2016, March 10, May 31, July 24, and October 6, 2017, as well as by the one issued on January 10, 2018, shall remain as follows:

TITLES FIRST TO SIXTH

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TITLE SEVENTH

Of the Confederations

Chapter I and II

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Chapter II Bis

Of the requirements of the members of the Savings Protection Committee

Chapter III

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TITLES EIGHTH AND NINTH

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Annexes

A to J

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Annex J Bis

Report on the designation of members of the Savings Protection Committee referred to in the Savings and Popular Credit Law.

Annexes

K to X

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Annex Y

Minimum content of the saver database of Popular Financial Societies.

" Article 1.-

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I. to XLV.

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XLVI.

Interested party, singular or plural, to the holder or co-holder of the operation or operations subject to protection, or their representative, or in case of death of the holder who entered into the operation, the executor who represents the succession in question in terms of common legislation.

XLVII. to LXXXVI.

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" Chapter II Bis

Of the requirements of the members of the Savings Protection Committee

Article 301 Bis.- The Technical Committee must evaluate and verify, prior to the designation of the members of the Savings Protection Committee, that they meet the requirements established by the Law, for which it must request the following information and documentation from them:

I.

Their general data and, if applicable, that of their spouse, concubine, or concubine, and children, which shall include information regarding their identity, address, marital status, Federal Taxpayer Registry, Unique Population Registry Key, nationality or migratory status, as well as the birth certificate. At all times, the information must be supported by documents issued by a competent authority, except in the case of the address, where any document accrediting it will suffice, provided its date does not exceed 90 days.

II.

Special credit report issued in terms of article 36 Bis of the Law to Regulate Credit Information Societies, whose date of issuance does not exceed three months in relation to the date of its presentation to the Technical Committee.

III.

Copy of the degree or professional certificate, as well as letters of recommendation that attest that the candidate has provided professional services whose performance required knowledge and experience in financial and administrative matters for more than three years, said period being prior to the date of their presentation to the Technical Committee.

IV.

Written declaration under oath, in which they declare the following:

a)

That they are not located in any of the circumstances of fraction II, of article 108 of the Law.

b)

That they are not subject to bankruptcy proceedings or declared bankrupt, without having been rehabilitated.

c)

That they have not caused losses to Popular Financial Societies, Community Financial Societies, or other societies.

d)

That they are not a councilor, General Director, employee, or executive, and do not exercise Command Power in any Popular Financial Society or Community Financial Society.

e)

That they do not have ties of subordination or kinship by consanguinity or affinity up to the fourth degree or civil, or are not spouse, concubine, or concubine of any member of the Board of Directors, the General Director or executives within the two immediate lower hierarchies of this, of any Popular Financial Society or Community Financial Society, or with the general manager or regulatory controller of the Protection Fund or with members of the Technical Committee itself.

f)

That they are not a consultant or advisor to any Popular Financial Society, Community Financial Society, Federation, or Protection Fund, or partner, executive, or employee of societies or associations that provide auditing, advisory, or consulting services to any Popular Financial Society, Community Financial Society, Federation, or Protection Fund.

g)

The patrimonial, commercial, or business relationships or responsibilities they have with any member of the Board of Directors, the General Director or executives within the two immediate lower hierarchies of this, of any Popular Financial Society or Community Financial Society, or with the general manager or regulatory controller of the Protection Fund or with members of the Technical Committee itself, as well as with any Popular Financial Society, Community Financial Society, or Protection Fund.

h)

The personal service contracts they have entered into with a Popular Financial Society, Community Financial Society, Federation, or the Protection Fund, or with any member of the Board of Directors, the General Director or executives within the two immediate lower hierarchies of this, of any Popular Financial Society or Community Financial Society, or with the general manager or regulatory controller of the Protection Fund or with members of the Technical Committee itself.

i)

The processes before common or federal jurisdictional courts, criminal investigations, as well as any other procedure in which they have been a party, if applicable, that due to its relevance must be declared.

j)

That the documentation and information presented is truthful and authentic.

Article 301 Bis 1.- The Technical Committee will establish policies that allow it to evaluate the credit report or credit history provided for in fraction II of article 301 Bis of these provisions, based on the information provided by the candidate and issued by Credit Information Societies. To this effect, said policies will take into account, at least:

I.

Criteria to value the content of reports issued by Credit Information Societies, which allow qualifying the credit profile of the candidate, in the event that they have overdue debts or other types of negative credit history.

II.

The additional information that would be required from persons who fall into the cases provided for in the previous fraction.

III.

The circumstances under which it would be appropriate to designate or remove persons who fall into the situations provided for in the previous fraction I.

Likewise, the Technical Committee will issue policies to evaluate whether the patrimonial, commercial, or business ties referred to in article 301 Bis, fraction IV, items g) and h), of these provisions, that the candidate may have, constitute conflicts of interest that prevent them from being designated as a member of the Savings Protection Committee, in terms of article 108, fraction II, item g) of the Law.

Article 301 Bis 2.- The Technical Committee must integrate, for each member of the Savings Protection Committee, a file containing the documentation and information referred to in article 301 Bis of these provisions.

Article 301 Bis 3.- The Technical Committee must establish mechanisms to continuously verify that the members of the Savings Protection Committee meet the requirements to continue in the performance of their functions. To this effect, it may request the respective documentation from the members of said Committee.

Article 301 Bis 4.- The Protection Fund must inform the Commission of the designation of the members of the Savings Protection Committee within 15 business days following their designation, expressly stating that they meet the requirements established by this chapter, enclosing in a closed envelope the format that constitutes Annex J Bis of these provisions.

The Protection Fund will inform the Commission in writing annually, during the month of May, the results of the management carried out by the Technical Committee to verify compliance with what is provided for in article 301 Bis 3 of these provisions.

In the event of resignation or removal of the members of the Savings Protection Committee, the Protection Fund must notify the Commission in writing of these events, as well as the cause that generated them, within 15 business days following their occurrence.

Chapter III

Of the payment of guaranteed obligations

Article 302.- The Protection Fund, through the Savings Protection Committee, will cover the money deposits of savers considering the amount of principal and accessories, up to an amount equivalent to twenty-five thousand UDIS per natural or legal person, regardless of the number and class of deposits in their favor and charge of the same Popular Financial Society, when it enters a state of dissolution and liquidation, or is declared in commercial bankruptcy.

The money deposits of savers include the deposits referred to in item a) of fraction I of article 36 of the Law.

In protection of the public saver, Popular Financial Societies must integrate a database with the information of the money deposits of savers and make it available to the Supervision Committee so that it verifies at least every six months its content, identifies those deposit accounts in which it is detected that there is incomplete data or unlocatable clients, and communicates such irregularities to the Popular Financial Societies themselves, so that they take actions to remedy them no later than within sixty days following the respective communication. Said database must be integrated in accordance with what is established in Annex Y of these provisions.

As a result of the previous verification, the Supervision Committee must issue a semi-annual report to the Protection Fund and the Commission, for each Popular Financial Society, which shall contain at least the following information:

I.

The total amount and number of savers whose account or accounts have a balance less than or equal to twenty-five thousand UDIS, as well as the coverage percentage that each of the savers would have with respect to this latter amount.

II.

The total amount and number of savers whose account or accounts have a balance greater than twenty-five thousand UDIS, as well as the coverage percentage that each of the savers would have with respect to this latter amount.

III.

Report on incidences or observations made to Popular Financial Societies due to incomplete databases and their status of attention.

The aforementioned report must be presented within 30 natural days following the closing of June and December of each year, with the information relative to the semester being reported.

Article 303.- The Savings Protection Committee must calculate in UDIS the amount to be paid to each Interested Party of the Popular Financial Society in question. To do so, it must consider as a base the amount of principal and accessories of the deposits that each Interested Party has on the date on which the dissolution and liquidation of the Popular Financial Society was declared, or its commercial bankruptcy decreed, deducting the outstanding balance of loans or credits with respect to which the Interested Party is a debtor and up to the limit that the Law establishes.

The compensation provided for in this article will not be applied to those operations that are subject to transfer by virtue of any of the mechanisms referred to in article 90, fractions I to IV of the Law.

The balances of passive operations chargeable to the Popular Financial Society resulting from the compensation referred to in the first paragraph of this article will be paid in national currency, so the conversion of the amount denominated in UDIS will be carried out using the current value of said unit published by the Bank of Mexico in the Official Gazette of the Federation, on the date on which the Savings Protection Committee covers the corresponding payment.

In the event that the resources of the Protection Fund prove insufficient for the payment of the obligations subject to protection, the Savings Protection Committee will determine the amount to be paid to each Interested Party by prorating the amount of the existing resources in said Fund on the date on which the dissolution and liquidation of the Popular Financial Society was declared, or its commercial bankruptcy decreed.

To determine the amount to be paid to each Interested Party in the case referred to in the previous paragraph, for each Popular Financial Society, the amount of the obligations subject to protection in favor of each Interested Party who has the right in accordance with what is established in the Law and in these provisions will be divided by the total amount of the obligations subject to protection chargeable to the Popular Financial Society; and the result of the previous operation will be multiplied by the amount of the available resources of the Protection Fund.

Article 304.- In the event that a natural or legal person is the holder or Co-holder of more than one Collective or Individual Account in the same Popular Financial Society, all balances in favor of said person derived from each of the accounts must be added and the compensations referred to in the previous article must be carried out. If such sum exceeds the limit of twenty-five thousand UDIS, the Savings Protection Committee will pay per natural or legal person only up to such limit pro rata in the respective accounts.

Article 305.- The Savings Protection Committee will determine the amount corresponding to each of the Co-holders of a Joint Account, according to the following procedure:

I.

The total amount of the Joint Account will be divided, in proportion to the percentage expressly and in writing established by the Co-holders in the documentation supporting the operation in question, and

II.

In the event that a percentage has not been established as indicated in the previous fraction, the total amount of the Joint Account will be divided into as many equal parts as Co-holders exist.

In both cases, the outstanding balances of loans or credits that, if applicable, are held with the Popular Financial Society must be deducted from the amount corresponding to each of the Co-holders, in accordance with what is provided for in article 303 of these provisions.

The Popular Financial Society will take as reference the documents that, if applicable, are presented in terms of article 309 of these provisions, for the purpose of proving that it is a Joint Account and determining the amount corresponding to each of the Co-holders of this.

Regardless of the number of Joint Accounts in which an Interested Party has the quality of Co-holder, in no case will the amount to be paid to each person exceed the limit indicated in article 105 of the Law.

Article 306.- Regarding Solidary Accounts, regardless of the number of these in which an Interested Party has the quality of Co-holder, the Savings Protection Committee will divide the total amount of the Solidary Account into as many equal parts as Co-holders exist, and will deduct from each part the total amount of outstanding credits that, if applicable, each Co-holder has with the Popular Financial Society in question in terms of what is provided for in article 303 of these provisions, paying the resulting amount to each Co-holder as appropriate, provided that said amount does not exceed the equivalent to twenty-five thousand UDIS or if it exceeds, up to this latter amount.

The Popular Financial Society will take as reference the documents that, if applicable, are presented in terms of article 309 of these provisions, for the purpose of proving that it is a Solidary Account and determining the amount corresponding to each of the Co-holders of this.

Article 307.- The Savings Protection Committee must publish in the Official Gazette of the Federation and, at least, in a newspaper of wide national circulation, a notice indicating that the Popular Financial Society in question has entered a state of dissolution and liquidation, or has been declared in commercial bankruptcy, within a period of five business days following the date on which the Savings Protection Committee has knowledge of this circumstance or when so determined in terms of article 90, fraction V of the Law. Likewise, such notice must include the bases referred to in article 109, fraction VI of the Law, in accordance with which the payment to the Interested Parties will proceed.

The Savings Protection Committee must also inform the Interested Parties, through notices placed in a visible place in the branches or customer service offices of the Popular Financial Society declared in dissolution and liquidation or whose commercial bankruptcy has been decreed, as well as on the Internet page of the Protection Fund, about the payment procedure and the hours during which the branches or customer service offices of said Popular Financial Society will keep their doors open for the purpose of receiving the payment request referred to in article 310 of these provisions.

Article 308.- The request to receive the payment referred to in article 302 of these provisions must be presented individually in the formats issued for this purpose by the Protection Fund, duly filled out and signed by the Interested Party, in any branch or customer service office of the Popular Financial Society declared in dissolution and liquidation or whose commercial bankruptcy has been decreed, within 180 days following the date on which the notice referred to in the previous article was published.

The format issued by the Protection Fund must allow collecting information regarding the following aspects:

I.

Name of the holder or holders of the Account or Accounts, Individual or Collective, that remain in the Popular Financial Society of which the resolution relative to the dissolution and liquidation or commercial bankruptcy has been made public.

II.

Address and, if applicable, telephone number at which the Interested Party can be located.

III.

Number of the Individual or Collective Account or Accounts in which the Interested Party participates.

IV.

Estimated amount of the deposits according to the last statement received or proof document in the possession of the saver issued by the Popular Financial Society in question, including possible accrued interest, on the date on which the resolution relative to the dissolution and liquidation or commercial bankruptcy of the Popular Financial Society in question was made public, and, if applicable, the outstanding balance of loans or credits held with said Society, including those documented through credit titles. This without prejudice to what is provided for in article 311 of these provisions.

V.

Form in which payment is desired to be received, in accordance with what is provided for in article 316 of these provisions, and if applicable, indicating the data of the account in the name of the Interested Party to which the electronic transfer will be made.

The format must allow that, with respect to Collective Accounts in which the Interested Party is a Co-holder, they can individually request the coverage of the Protection Fund that corresponds.

The payment request formats must be made available to Interested Parties at the branches of the Popular Financial Society, as well as on the website of the Protection Fund and the Popular Financial Society itself.

Article 309.- Interested Parties must attach the following to their payment request:

I. Original and copy of the contracts, account statements, or other documents justifying the operations referred to in the first and second paragraphs of Article 302 of these provisions.

II. Original and copy of an official identification that proves their identity or the capacity in which they appear to request payment, which may be a voter credential issued by the National Electoral Institute, passport, national military service card, or professional ID.

III. In the event that the holders have passed away, the beneficiaries must present the documentation provided for in Article 314 of these provisions.

IV. In the event that the holders of the operation are minors or incapacitated, the requests must be presented by whoever exercises parental authority or guardianship, accrediting such status with the corresponding legal documents in original and copy as established in this article.

V. In the case where the payment request procedure is carried out through representatives, the provisions of Article 312 of these provisions shall apply.

Article 310.- The officials of the branches or public service offices of the Popular Financial Society in question shall receive and validate the payment request as a first instance, assign it a file number, and issue the Interested Party a receipt of acknowledgment which must include said file number, the date, and time of presentation of the respective request.

Article 311.- In the event of any discrepancy between the documents presented and those held by the Popular Financial Society, the latter shall be considered valid, current, and applicable for the purposes of paying the obligations subject to protection, unless the Interested Parties credibly prove having notified the Popular Financial Society and presented sufficient evidence, in a timely and proper manner, of any situation different from that contained in the documents held by the latter, provided that such notification and presentation of corresponding evidence were made prior to the date on which the resolution regarding the declaration of dissolution and liquidation or commercial bankruptcy of the Popular Financial Society is made public.

Article 312.- In the case where the payment request procedure for the obligations subject to protection is carried out through representatives, the holders must grant the power of attorney required in accordance with applicable legislation, as follows:

I. In the case of natural persons, it may be granted in a private document signed before two witnesses, without the prior ratification of signatures being necessary, when the amount of the operations claimed as obligations subject to protection does not exceed one thousand times the amount of the Unit of Measure and Update at the time of granting, said document must be accompanied by a photocopy of an official identification of the grantor, the witnesses, and the attorney-in-fact, or alternatively, in a public deed or power of attorney signed before two witnesses and with the signatures of the grantor and witnesses ratified before a public notary, before the judicial or administrative authority, as applicable, when the amount of the obligations subject to protection claimed is equal to or greater than the equivalent of one thousand times the amount of the Unit of Measure and Update at the time of granting.

II. In the case of legal entities, legal representation shall be accredited with the notarial document stating the power or powers with sufficient faculties, granted by the legal entity to its representative.

III. In the case of powers granted abroad or any others different from those indicated in the preceding sections I and II, the provisions of applicable legislation shall apply for them to be recognized as valid.

Interested Parties must accredit their identity in accordance with what is provided in section II of Article 309 of these provisions.

Article 313.- The Savings Protection Committee shall supervise and validate the calculations of the amounts that the Popular Financial Society has made, regarding the net amount of the obligations subject to protection to be paid on behalf of the Protection Fund, deducting the outstanding balance of loans or credits that have been granted, as well as the validity of the payment in accordance with what is established in the Law and in this chapter. For such purposes, the Popular Financial Society must provide the information requested by said Committee, including that contained in the database of its passive operations, referred to in the third paragraph of Article 302 of these provisions.

Likewise, the head office of the Popular Financial Society must send the respective calculations to the Savings Protection Committee within fifteen business days following the receipt of the corresponding request.

The Savings Protection Committee shall send to each branch and head office of the Popular Financial Society, at least on a weekly basis, reports with the following information:

I. List of requests that have been considered totally or partially valid.

II. List of requests that have been considered invalid.

III. The dates on which payment of those requests referred to in the preceding section I will be made.

In accordance with what is provided by Article 34 of the Law, in said lists only reference will be made to the Interested Party by the file number corresponding to their request. Such lists must be located in a visible place in the branches of the Popular Financial Society in question, as well as on the website of the Protection Fund and the Popular Financial Society itself, for consultation by the Interested Parties until the payment process to all savers who have requested their deposit insurance concludes.

The Savings Protection Committee shall resolve, in accordance with the above, within twenty business days following the receipt of the information referred to in the second paragraph of this article, the validity of any request presented, so that only those requests that are under review will not be included in the aforementioned reports.

Article 314.- In the event of the death of the holder of an Individual or Collective Account, the executors who represent the succession in question in terms of common legislation, must present the payment request in accordance with what said holder would have been entitled to, the death certificate of the holder, and the documentation that in accordance with applicable legislation accredits their status as executors.

The Savings Protection Committee will only be responsible for delivering to the executor the amount corresponding to the deposit insurance that corresponded to the deceased as holder of the Individual or Collective Accounts that they had open, so it will have no responsibility whatsoever before the heirs regarding the distribution that the executor carries out in terms of common legislation.

Article 315.- The Savings Protection Committee must make the payment within eighty natural days following from the date on which the validity of the received information has been validated, provided that the payment request was presented within the period provided for in the first paragraph of Article 308 of these provisions.

The Savings Protection Committee must instruct the fiduciary of the Protection Fund to constitute a reserve up to an amount equivalent to the sum of the amounts that in accordance with this chapter corresponded to those persons who, in accordance with the documentation, records, and books of the Popular Financial Society, have the right to claim payment of their deposits in terms of this chapter and have not done so. This sum shall be fixed in UDIs, considering the value of this unit from the date on which the dissolution and liquidation is declared or the commercial bankruptcy of the Popular Financial Society in question is decreed.

The Protection Fund must maintain said reserve for a period of up to three years, counted from the date on which the period provided for in the first paragraph of Article 308 of these provisions has expired. During this period, the Interested Party may request payment of the deposits, subject to the procedure established in this regulation, also considering the returns that have been generated from the day the reserve was constituted until the date on which the payment of the principal and interest generated by the investment of the reserve is effectively made. The amount to be paid will be made in the equivalent in national currency resulting from applying what is provided in the third paragraph of Article 303 of these provisions.

Upon expiration of the three-year period provided for in this article, the Savings Protection Committee must apply the remaining resources of the reserve, for the purposes of the Protection Fund, observing the applicable accounting criteria for this effect.

Article 316.- The Savings Protection Committee will make the payment of the obligations subject to protection via a non-negotiable named check that may be delivered to the Interested Party at the branches of the Popular Financial Society designated for such effect or sent to the address specified in the request, or via electronic transfer to an account maintained by the Interested Party in a financial entity, as stipulated in their request.

The Interested Party who has opted for a check and so indicated in their request, upon prior accreditation of identity, may receive the payment corresponding to them in accordance with this chapter, at the branch of the Popular Financial Society where the request was presented.

In the event that payment is requested via electronic transfer, it is the exclusive responsibility of the Interested Party to determine the account to which it will be made, as well as the identification data of said account. In virtue of this, when it is not possible to make the payment via electronic transfer for any cause, a non-negotiable named check will be sent to the address indicated in the payment request.

Article 317.- By the sole payment of the obligations subject to protection, the Protection Fund is subrogated in the collection rights, in the liquidation or commercial bankruptcy of the Popular Financial Society, with the privileges corresponding to the persons to whom said payment was made, up to the covered amount, the document stating the referred payment being sufficient proof.

Article 318.- The excess amount of the obligations subject to protection that has not been covered by the Protection Fund, may be claimed by the persons to whom payment of said obligations was made, directly in the liquidation or commercial bankruptcy of the Popular Financial Society in question in accordance with applicable legal, regulatory, and administrative provisions.

Article 319.- If any person is not in agreement to receive from the Protection Fund the amount corresponding to the obligations subject to protection in their favor, calculated in accordance with what is provided by the Law and this chapter, or if they do not present their request within the period provided for in the preceding Article 308, they may claim the amount relative to the entirety of said obligations directly in the liquidation or commercial bankruptcy of the Popular Financial Society, in accordance with the respective contract or title, as well as in terms of the applicable legal, regulatory, and administrative provisions.

Article 320.- The limits and conditions to make the payment of money deposits on behalf of the Popular Financial Societies, as well as the form and terms in which the amounts corresponding to each Interested Party referred to in this chapter will be covered, must be provided for in the deposit contracts that the Popular Financial Societies enter into with their Clients, specifying that the respective payment will be made by deducting the outstanding balance of loans or credits with respect to which the saver themselves is a debtor in terms of what is provided for in Article 112 of the Law.

Article 321.- Repealed.

TRANSITORY PROVISIONS

FIRST.- This Resolution will enter into force the day following its publication in the Official Journal of the Federation, except for what is established in the following transitory articles.

SECOND.- The Technical Committee of the Protection Fund of Popular Financial Societies and Protection for their Savers will have a period of 60 natural days from the entry into force of this instrument to ensure that the members of the savings protection committee comply with what is established in Article 301 Bis, which is added by this instrument to the General Provisions applicable to savings and credit entities, integration bodies, community financial societies, and rural financial integration organisms, referred to in the Savings and Popular Credit Law. Upon expiration of said period, and in the event that such persons comply with what is established in the cited article, the period with which the Technical Committee of the Protection Fund of Popular Financial Societies and Protection for their Savers has to inform the National Banking and Securities Commission of the corresponding appointments will begin to run, in accordance with what is stated in Article 301 Bis 4, which is added by this Resolution.

THIRD.- Popular financial societies must integrate the database referred to in Article 302 of the General Provisions applicable to savings and credit entities, integration bodies, community financial societies, and rural financial integration organisms, referred to in the Savings and Popular Credit Law, which are modified by this Resolution, to make it available for the first time to the supervision committees of the Federations at the end of the three calendar months following the entry into force of this Resolution.

FOURTH.- The supervision committee must present to the Protection Fund of Popular Financial Societies and Protection for their Savers and to the National Banking and Securities Commission for the first time the report referred to in Article 302 of the General Provisions applicable to savings and credit entities, integration bodies, community financial societies, and rural financial integration organisms, referred to in the Savings and Popular Credit Law, which are modified by this Resolution, no later than the last day of the sixth calendar month following the entry into force of this Resolution.

Respectfully,
Mexico City, January 17, 2018.- National Banking and Securities Commission: The Vice President of Normativity, Arcelia Olea Leyva. - Signature. - The Vice President of Supervision of Development Banking and Popular Finance, Cecilia Teresa Mondragón Lora. - Signature.

ANNEX J BIS

REPORT ON THE APPOINTMENT OF MEMBERS OF THE SAVINGS PROTECTION COMMITTEE REFERRED TO IN THE SAVINGS AND POPULAR CREDIT LAW

1. PHOTOGRAPH

2. PATERNAL SURNAME
   MATERNAL SURNAME
   NAME(S)

3. APPOINTMENT
   Date of appointment: ________________
   Date of start of management: _______________
   If applicable, name of the person being replaced, indicating date of resignation or removal _______________

4. OFFICE WHERE FUNCTIONS ARE PERFORMED
   (FULL ADDRESS)
   PERSONAL DATA:

5. TAXPAYER REGISTRY KEY (WITH HOMOCODE)

6. UNIQUE POPULATION REGISTRY KEY

7. DATE OF BIRTH AND AGE

8. HOME ADDRESS (STREET, NO., NEIGHBORHOOD, FEDERAL ENTITY, CITY,
   MUNICIPALITY AND POSTAL CODE)

9. HOME PHONE,
   CELL PHONE AND EMAIL

10. MARITAL STATUS

11. BIRTH NAME OF SPOUSE, CONCU BINE OR CONCU BINARIO

12. MARITAL REGIME

13. NUMBER OF CHILDREN:

14. NAMES OF THE CHILDREN:

15. MEXICAN NATIONALITY
    BY BIRTH ________
    BY NATURALIZATION ___________

16. FOREIGN NATIONALITY
    INDICATE __________
    CONDITION OF STAY IN THE COUNTRY _____________

17. MAXIMUM DEGREE OF STUDIES

18. PROFESSION

19. EDUCATIONAL INSTITUTION (ONLY
    HIGHER EDUCATION AND
    POSTGRADUATE)

20. STUDIES COMPLETED (KNOWLEDGE IN FINANCIAL AND ADMINISTRATIVE MATTERS)

21. EXPERIENCE IN FINANCIAL AND ADMINISTRATIVE MATTERS
    (DETAIL THE LAST EMPLOYMENTS WITH WHICH PROFESSIONAL SERVICES ARE ACCREDITED WHOSE PERFORMANCE REQUIRES KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND ADMINISTRATIVE MATTERS FOR MORE THAN THREE YEARS, STARTING WITH CURRENT EMPLOYMENT OR ACTIVITY) COMPANY AND POSITION FROM MONTH YEAR UNTIL MONTH YEAR BRIEF DESCRIPTION OF FUNCTIONS

1.

2.

3.

22. CREDIT HISTORY

1. Overdue debts. YES____ NO____
OBSERVATIONS:

23. HONORABILITY AND OTHERS

a) Is disqualified from conducting commerce. YES___ NO___

b) Has been convicted by final judgment for an intentional crime carrying more than 1 year of prison. YES___ NO___

c) Has been convicted by final judgment for an intentional property crime regardless of the penalty. YES___ NO___

d) Has pending litigation with any Popular Financial Society, Community Financial Society, Federations or with the Protection Fund. YES_____ NO _____

e) Has been disqualified from holding a job, position or commission in the Federal, State or Municipal public sector or in the Mexican financial system. YES____ NO_____

f) Performs regulatory, inspection or surveillance functions for Popular Financial Societies, Community Financial Societies, Federations or the Protection Fund. YES___ NO___ If applicable, indicate by which government agency, Federation or other institution ______________

g) Their spouse, concubine or concubinary or their relatives by blood, affinity or civil up to the third degree, perform regulatory, inspection or surveillance functions for Popular Financial Societies, Community Financial Societies or the Protection Fund. YES___ NO___

h) Holds an elected public office or party or union leadership. YES____ NO____

i) Has been subject to bankruptcy or declared bankrupt, without having been rehabilitated. YES___ NO___

j) Has caused losses to Popular Financial Societies, Community Financial Societies or other societies.
YES____ NO____

k) Is a counselor, General Director, employee or executive, or exercises Command Power in any Popular Financial Society or Community Financial Society. YES ___ NO ___

l) Has patrimonial, commercial or business links with any member of the Board of Directors, the General Director or executives within the two immediate lower hierarchies of this, of any Popular Financial Society or Community Financial Society, or with the general manager or regulatory comptroller of the Protection Fund or with members of its Technical Committee. YES___ NO___ If applicable, specify the name of the person and the type of relationship ______________

m) Has links of subordination or kinship by blood or affinity up to the fourth degree or civil, or is spouse, concubine or concubinary of any member of the Board of Directors, the General Director or executives within the two immediate lower hierarchies of this, of any Popular Financial Society or Community Financial Society, or with the general manager or regulatory comptroller of the Protection Fund or with members of the own Technical Committee. YES___ NO___.

n) Is a consultant or advisor to any Popular Financial Society, Community Financial Society, Federation or the Protection Fund, or is a partner, executive or employee of societies or associations that provide auditing, advisory or consulting services to any Popular Financial Society, Community Financial Society, Federation or the Protection Fund. YES ___ NO ___

ñ) Has concluded personal service contracts with a Popular Financial Society, Community Financial Society, Federation or the Protection Fund, or with any member of the Board of Directors, the General Director or executives within the two immediate lower hierarchies of this, of any Popular Financial Society or Community Financial Society, or with the general manager or regulatory comptroller of the Protection Fund or with members of the own Technical Committee.

YES ___ NO ___
If applicable, specify the name of the person and type of services ______________

o) Other patrimonial, commercial or business relationships, or responsibility regarding any Popular Financial Society Community Financial Society or the Protection Fund. YES ___ NO ___ If applicable, indicate how such conflict could arise_______

p) Is or has been subject or party in processes before common or federal jurisdictional tribunals, investigations of a criminal nature, as well as any other procedure that by its relevance must be declared. YES ___ NO ___ If applicable, specify the following:

Type of procedure
Body before whom the procedure is carried out
Capacity in which they intervene or intervened Status of the procedure, including start date and, if applicable, conclusion Sense of the definitive resolution, if applicable OBSERVATIONS:

THE DATA CONTAINED HEREIN COINCIDE WITH THE INFORMATION ON FILE FOR THE PERSON IN QUESTION, DECLARING UNDER OATH THAT IT IS TRUE AND AUTHENTIC.

Documents that must accompany this annex (copies):

• Official identification (voter credential, passport or consular registration certificate).

• Proof of home address and that where they will perform their functions, with an issuance date not greater than 90 days.

• Taxpayer Registry Key (with homocode).

• Unique Population Registry Key.

• Special credit report whose issuance date does not exceed three months relative to the date of its presentation before the
  Technical Committee.

• Copy of the degree or professional ID.

• Birth certificate.

• Marriage certificate (if applicable).

• In the case of foreigners, migration documents issued by the National Institute of Migration accrediting their status of
  stay in the country.

NAME AND SIGNATURE OF THE APPOINTED PERSON

NAME AND SIGNATURE OF THE SECRETARY OF THE TECHNICAL COMMITTEE OF THE PROTECTION FUND

ANNEX Y

MINIMUM CONTENT OF THE DATABASE OF SAVINGS OF THE POPULAR FINANCIAL SOCIETIES

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I. Client Identification Data

• Full name of the client without abbreviations (in the case of legal entities, include their corporate name).
• Client number.
• Account number.
• Type of person (legal or natural).
• Activity, business, or profession.
• Nationality.
• Date of birth of the client or date of incorporation of the company.
• RFC (with homoclave).
• CURP.

II. Client Location Data

• Home address (street, exterior and interior number, neighborhood or jurisdiction, city, federal entity, and postal code).
• Work address (same elements as for the home address).
• Telephones:
  o Home. o Office. o Mobile. o In the absence of any of the above, any telephone number where they can be reached (family or friend and indicate their relationship with them).
• Email address.

III. Contracted Product Data

• Number and name of the branch operating the account.
• Branch address.
• Type of deposit or account (on demand, savings, time deposit, withdrawable on predetermined days, and withdrawable with prior notice, individual, joint, or communal).
• Number of capture contracts.
• Opening date.
• Maturity date.
• Deposit term.
• Form of payment of returns, if applicable (weekly, biweekly, monthly, etc.).
• Agreed interest rate.
• Date of the client's last deposit.
• Amount of the client's last deposit.
• Percentage of the total balance covered by deposit insurance for the corresponding month.
• Capital balance.
• Balance of accrued but unpaid interest, if applicable.
• Total balance.

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