2016-06-07 | DOF 5440155

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Resolution modifying the Agreement delegating authority to impose administrative sanctions

The resolution amends Article One of the existing delegation agreement to expand the scope of laws under which the President, Legal Vice President, Director General of Crimes and Sanctions, and Administrative Sanctions Deputy Directors A, B, and C may impose administrative sanctions. This expansion includes specific Mexican financial laws such as the Law for the Regulation of Financial Groups, the Credit Institutions Law, and the Federal Revenue Law for fiscal year 2016. The amended authority applies to infringements related to information requests, illicit funds prevention, and terrorism financing by supervised entities including financial institutions, exchange centers, money transmitters, unregulated multiple-objective financial societies, and investment advisors. The resolution entered into force the day after its publication in the Official Gazette of the Federation on June 7, 2016.

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DOF: 07/06/2016

RESOLUTION modifying the Agreement by which the Board of Commissioners of the National Banking and Securities Commission delegates to the President, Legal Vice President, Director General of Crimes and Sanctions, and Deputy Directors General of Administrative Sanctions A, B and C of said Commission, the authority to impose administrative sanctions.

A seal with the National Emblem stating: United Mexican States.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.

The Board of Commissioners of the National Banking and Securities Commission, in session held on March 8, 2016, pursuant to Articles 12, subsections IV and X of the Law of the National Banking and Securities Commission and Article 10 of the Internal Regulations of the National Banking and Securities Commission, and

CONSIDERING

That the Law for Transparency and Ordering of Financial Services empowers the National Banking and Securities Commission to sanction financial entities that infringe upon the provisions of said regulation or those issued by said Commission jointly with the Bank of Mexico regarding networks of payment instruments;

And that the Federal Revenue Law for the fiscal year 2016 establishes the authority of said Commission to sanction financial entities subject to its supervision for non-compliance with deadlines for responding to requests for information, documentation, securing, unlocking of accounts, transfer, or status of funds formulated by competent authorities, as well as for infringements of general provisions regarding the prevention of operations with resources of illicit origin and financing of terrorism committed by financial entities, exchange centers, money transmitters, unregulated multiple-objective financial societies, and investment advisors, has seen fit to issue the following:

RESOLUTION MODIFYING THE AGREEMENT BY WHICH THE BOARD OF COMMISSIONERS OF THE NATIONAL BANKING AND SECURITIES COMMISSION DELEGATES TO THE PRESIDENT, LEGAL VICE PRESIDENT, DIRECTOR GENERAL OF CRIMES AND SANCTIONS, AND DEPUTY DIRECTORS GENERAL OF ADMINISTRATIVE SANCTIONS A, B and C OF SAID COMMISSION, THE AUTHORITY TO IMPOSE ADMINISTRATIVE SANCTIONS

SINGLE ARTICLE.- Article One, first paragraph of the "Agreement by which the Board of Commissioners of the National Banking and Securities Commission delegates to the President, Legal Vice President, Director General of Crimes and Sanctions, and Deputy Directors General of Administrative Sanctions A, B and C of said Commission, the authority to impose administrative sanctions", published in the Official Gazette of the Federation on November 21, 2014 and modified via Resolution published in said Official Gazette on December 19, 2014, is REFORMED to read as follows:

ARTICLE ONE.- Authority is delegated to the President, Legal Vice President, Director General of Crimes and Sanctions, and Deputy Directors General of Administrative Sanctions A, B or C of the National Banking and Securities Commission, to impose administrative sanctions for infringements referenced in the following legal regulations: Law for the Regulation of Financial Groups, Law of Credit Institutions, General Law of Organizations and Auxiliary Credit Activities, Law of Investment Societies, Law of Investment Funds, Securities Market Law, Popular Savings and Credit Law, Law for the Regulation of Activities of Cooperative Savings and Loan Societies, Law for the Regulation of Credit Information Societies, Law of Credit Unions, Law for Transparency and Ordering of Financial Services, Law of the National Institute for the Consumption of Workers, Organic Law of the National Development Bank for Agriculture, Rural, Forestry and Fisheries Sector, and the Federal Revenue Law for fiscal year 2016 and the provisions emanating from them, without prejudice to their direct exercise by the Board of Commissioners, according to the following:

a) c) . . .

TRANSITORY

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

Respectfully,

Mexico City, May 24, 2016. - The President of the National Banking and Securities Commission, Jaime González Aguadé. - Signature.

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