2019-12-20 | DOF 5582494Added · Updated
The resolution amends Article One of the Agreement delegating the authority to impose administrative sanctions to the President, Legal Vice President, Director General of Crimes and Sanctions, and Assistant Directors General of Administrative Sanctions A, B, and C of the CNBV. The amendment updates the list of legal frameworks under which these officials may impose sanctions, adding the Law to Regulate Financial Groupings, the Law of Credit Institutions, the General Law of Credit Auxiliary Organizations and Activities, the Law of Investment Companies, the Law of Investment Funds, the Securities Market Law, the Popular Savings and Credit Law, the Law to Regulate Savings and Loan Cooperative Activities, the Law to Regulate Credit Information Societies, the Law of Credit Unions, the Law for the Transparency and Regulation of Financial Services, the Law to Regulate Financial Technology Institutions, the Law of the National Institute for the Protection of Consumers, the Organic Law of the National Financial Development Institution for Agriculture, Rural, Forestry and Fisheries, and the current Federal Revenue Law. The resolution entered into force the day after its publication in the Official Gazette of the Federation on December 20, 2019.
DOF: 20/12/2019
RESOLUTION modifying the Agreement by which the Board of Directors of the National Banking and Securities Commission delegates to the President, Legal Vice President, Director General of Crimes and Sanctions, and Assistant Directors General of Administrative Sanctions A, B and C of said Commission, the authority to impose administrative sanctions.
A seal with the National Coat of Arms appears at the margin, which reads: United Mexican States.- GOVERNMENT OF MEXICO.-
TREASURY.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.
The National Banking and Securities Commission, through an agreement formulated by its Board of Directors in the session held on September 23, 2019, and based on the provisions of articles 12, fractions IV and X; and 16, fraction I of the Law of the National Banking and Securities Commission and 10 of the Internal Regulations of the National Banking and Securities Commission, and
CONSIDERING
That in accordance with what is provided in article 12, fraction IV of the Law of the National Banking and Securities Commission, it is the responsibility of the Board of Directors of the Commission to delegate the authority to impose administrative sanctions, based on the nature of the infringement or the amount of the fine, to the President or to the public servants of said Commission, and
That it is necessary to specify in Article ONE of the "Agreement by which the Board of Directors of the National Banking and Securities Commission delegates to the President, Legal Vice President, Director General of Crimes and Sanctions, and Assistant Directors General of Administrative Sanctions A, B and C of said Commission, the authority to impose administrative sanctions", those legal frameworks that grant the National Banking and Securities Commission the authority to impose administrative sanctions, it has seen fit to issue the following:
RESOLUTION MODIFYING THE AGREEMENT BY WHICH THE BOARD OF DIRECTORS OF THE NATIONAL BANKING AND SECURITIES COMMISSION DELEGATES TO THE PRESIDENT, LEGAL VICE PRESIDENT, DIRECTOR GENERAL OF CRIMES AND SANCTIONS, AND ASSISTANT DIRECTORS GENERAL OF ADMINISTRATIVE SANCTIONS A, B AND C OF SAID COMMISSION, THE AUTHORITY TO IMPOSE ADMINISTRATIVE SANCTIONS
SOLE.- Article ONE, first paragraph of the "Agreement by which the Board of Directors of the National Banking and Securities Commission delegates to the President, Legal Vice President, Director General of Crimes and Sanctions, and Assistant 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 amended through resolutions published in said dissemination organ on December 19, 2014; June 7, 2016; April 25 and October 19, 2018, is REFORMED, to read as follows:
"ARTICLE ONE.- The authority to impose administrative sanctions for infringements referred to in the following legal frameworks is delegated to the President, Legal Vice President, Director General of Crimes and Sanctions, and Assistant Directors General of Administrative Sanctions A, B or C of the National Banking and Securities Commission: Law to Regulate Financial Groupings, Law of Credit Institutions, General Law of Credit Auxiliary Organizations and Activities, Law of Investment Companies, Law of Investment Funds, Securities Market Law, Popular Savings and Credit Law, Law to Regulate the Activities of Savings and Loan Cooperatives, Law to Regulate Credit Information Societies, Law of Credit Unions, Law for the Transparency and Regulation of Financial Services, Law to Regulate Financial Technology Institutions, Law of the National Institute for the Protection of Consumers, Organic Law of the National Financial Development Institution for Agriculture, Rural, Forestry and Fisheries, as well as the Federal Revenue Law in force at the time the corresponding sanction is imposed, and the provisions emanating from them, without prejudice to the direct exercise of this authority by the Board of Directors itself, according to the following:
a) to c)
. . . "
TRANSITORY
SOLE.- This Resolution shall enter into force the day following its publication in the Official Gazette of the Federation.
Respectfully
Mexico City, December 12, 2019. - The President of the National Banking and Securities Commission, Adalberto Palma Gómez.- Signature.
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