2017-06-23 | DOF 5487956Added
The CNBV modifies the General Provisions applicable to brokerage houses to regulate operations across multiple stock exchanges, mandate best execution duties, and strengthen internal control, risk management, and business continuity planning. The resolution updates definitions, establishes new governance structures including audit and remuneration committees, and introduces requirements for information security, sensitive data reporting, and the transfer of client accounts. It also clarifies rules for market making, short sales, block orders, and capital adequacy to ensure market transparency and investor protection.
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DOF: 23/06/2017
RESOLUTION modifying the General Provisions applicable to Brokerage Houses
At the margin, a seal with the National Coat of Arms, which says: United Mexican States.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.
The National Banking and Securities Commission, with the agreement of its Board of Directors, based on the provisions of articles 126, 130, first paragraph, 171, 172, 173, 179, 180, 181, first paragraph, 213, 216, 219 and 224 of the Securities Market Law, as well as 4, fractions II, V, XXXVI and XXXVIII, 16, fraction I and 19 of the National Banking and Securities Commission Law, and
CONSIDERING
That currently in the Mexican securities market there is a stock exchange where brokerage houses carry out their securities purchase and sale operations, and therefore, given the possibility of a second stock exchange that provides greater liquidity and depth to the securities market, as well as better competition in this, and since the provisions regulating the activities and services of brokerage houses are silent regarding the respective scenarios, it is indispensable that the rules allowing brokerage houses to carry out their activities in more than one stock exchange be incorporated into the provisions applicable to these financial intermediaries;
That in addition to the above, and to continue promoting the good development of the securities market, it is indispensable that brokerage houses demonstrate that they can concretely, directly or indirectly, carry out operations with securities in all stock exchanges, therefore it is incorporated that brokerage houses must present to the National Banking and Securities Commission, prior to the start of their operations or the carrying out of activities included subsequently to their corporate purpose, that which shows that they can operate in any stock exchange;
That as a result of the above, it is indispensable to incorporate the duty of best execution for brokerage houses so that, facing the possibility of executing their clients' orders in two or more stock exchanges, they seek to obtain the best available price, consider the volume of said value available in the stock exchanges and its probability of execution according to the calculation methodology determined by the brokerage houses, which will allow the clients of brokerage houses to have the best available option in the securities markets, as a result of implementing some international practices;
That on the other hand, the provisions regulating brokerage houses have not been updated according to the dynamics of the securities market, so it is necessary to strengthen the secondary regulatory framework applicable to these financial entities by incorporating the best national and international practices that lead to healthy competition, incentivize securities market operations, preserve and foster investor confidence, while protecting their interests, so that to enrich the provisions in prudential matters specifically regarding internal control, the rules applicable to other financial entities subject to the supervision of the National Banking and Securities Commission are incorporated, which will allow for adequate and healthy operation of brokerage houses;
That in this vein, the functions and activities of the persons and collegiate bodies involved in the implementation and monitoring of the internal control system are updated and segregated more clearly, so that they can exercise their functions effectively and in compliance with the regulations applicable to them, as well as to have controls that guarantee the healthy and adequate operation of brokerage houses;
That in this sense, the figures that will help follow up on internal measures and controls are specified, while a regime is established with which it is sought to guarantee information security and technological infrastructure so that these financial intermediaries have cutting-edge technology that protects their information and does not affect the continuity of their operations; the obligation for brokerage houses to classify their information according to the degree of risk is added, and the obligation to update with more information the registry of service providers for brokerage houses is established so that their general data and the type of services and operations contracted are incorporated, so that there is information that reflects the quality and degree of compliance of the contracted services;
That it is necessary to incorporate the requirements that the business continuity plan of brokerage houses must contemplate, in order to ensure the continuity of their critical operations in contingency situations that hinder or disable the carrying out of their operations and the provision of their services, as well as to include the rules regarding the identification of possible sources of risk of said contingencies and the establishment of viable strategies to respond to them, considering the lessons learned from emergency situations in Mexico and other countries;
That it is considered convenient to clarify the functions, rights and obligations of brokerage houses that participate as lead underwriters in a public offering process of securities, so that these can fully comply with what is provided in article 177 Bis of the Securities Market Law through a secondary regulatory framework that provides security and legal certainty in the carrying out of their activities;
That in order to monitor the proper operation of the automated system for receiving instructions, recording and assigning operations of brokerage houses, it is considered important to have more information about the persons authorized for its use, as well as about the operations carried out through it, so the norms pertinent to said systems and the information regarding these systems are updated, which will allow for adequate operation of these financial entities to the benefit of the securities market as a whole;
That it is necessary that the operations carried out by brokerage houses with their clients be carried out with transparency, clarity and in accordance with the situation of the securities market, so various clarifications are made to the norms relative to self-entry operations, short sales and international arbitrage that brokerage houses can carry out, which will allow for a healthy operation of brokerage houses protecting the interests of their clients;
That at the same time it is necessary to eliminate the provisions regulating package orders to prevent brokerage houses from assigning them directly and discretely to their clients, and at the same time block orders are incorporated which will be those considered as such by the National Banking and Securities Commission, in attention to their volume and at the same time the dynamics of this type of operations is established;
That likewise it is relevant that brokerage houses can know and identify with exactness the operations that they can carry out inside and outside of stock exchanges and of which their registration is not required in concordance with the Securities Market Law, so it is specified that operations with securities representing a debt will not need to be registered in the stock exchanges themselves, because debt is not traded in said exchanges;
That it is important that there is accessible and timely information that allows the clients of brokerage houses to know the form and terms in which they can request the transfer of their account to another brokerage house, providing for this a clear and expeditious procedure that guarantees said operation to the benefit of the interests of the clients, and
That on the other hand, it is considered convenient to specify the net capital that brokerage houses must maintain so as not to compromise their solvency and that allows them to counteract the risks to which they are exposed under adverse market conditions, so it is detailed that said capital in no moment shall be lower than the minimum social capital applicable to them, has resolved to issue the following:
RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO BROKERAGE HOUSES
SOLE.- Articles 1; 2, fractions III, IV, second and third paragraphs and VI; 10; 14; 19; 20; 21; 24, fraction I; 27, fractions I, II, IV, VI and second and last paragraphs; 28, first paragraph and fraction II; 30; 31, fraction VI and last paragraph; 32, fraction I and second and third paragraphs; 33, fraction III and last paragraph; 34; 36 first paragraph; 39; 42; 44; 45; 47, first paragraph; 50, first paragraph; 53; 56; 58; 59, fractions I, first paragraph, II and XI and second and last paragraphs; 61; 62, second and last paragraphs; 63, fractions I, III, first paragraph, IV and last paragraph; 65; 67; 68; 69; 73, first and last paragraphs; 74 first and second paragraphs; 75, second paragraph; 82 first and last paragraphs; 84, fractions II, subsection b), III and IV; 86; 87, first paragraph, fractions I, III, IV, subsections a) and d), VI, VII, second paragraph and last paragraph of said article; 89; 91; 99, fourth paragraph; 105 to 117 Bis; the denomination of Section C, of Second Section, of Third Chapter, of Fifth Title is reformed to be called "Of internal risk audit"; 120 Bis 2, second paragraph; 121, second paragraph; 132, first paragraph, fraction VIII; 133, last paragraph; 134, fraction IX; 157, first paragraph; 160, fraction III, second paragraph; 169 Bis 2, fraction II, subsection b); 169 Bis 5, second paragraph; 169 Bis 11, first paragraph; 174, second paragraph, fraction I; 201; 202, fraction III; 204, 205; 206, fraction VI; 206 Bis 5; 212 Bis, fourth paragraph; 213; Articles 15 Bis; 15 Bis 1; 27 Bis; 63 fraction VI; 68 Bis, 69 Bis; 76 Bis; 76 Bis 1; 76 Bis 2; 81 Bis; to Fifth Title, First Chapter, First Section is added to be called "Of the object" which comprises article 105; Second Section to be called "Of the board of directors" which comprises articles 106 and 107; Third Section to be called "Of the commissioner" which comprises article 108; Fourth Section to be called "Of the audit committee" which comprises articles 109 to 115; Section A to be called "Of the functions of the audit committee" which comprises articles 116 to 117 Bis 1; Fifth Section to be called "Of internal audit" which comprises articles 117 Bis 2 to 117 Bis 6; Sixth Section to be called "Of general management" which comprises articles 117 Bis 7 to 117 Bis 11; Seventh Section to be called "Of internal comptroller functions" which comprises articles 117 Bis 12 to 117 Bis 14; Eighth Section to be called "Final provisions" which comprises articles 117 Bis 15 to 117 Bis 17; 125, fraction VII; 127, fractions VIII and IX; 130 fractions X and XI and last paragraph; 142, second paragraph, fraction II, subsection b, numeral 4; 212 Bis 1; 212 Bis 2; 213, with a last paragraph and Annexes 18 and 19 to be called "Minimum requirements of the business continuity plan" and "Report of events of loss, extraction or unauthorized access to sensitive information", respectively; Articles 6; 7; 8; 15, fraction II; 27, penultimate paragraph; 31, fraction VII; 32, penultimate paragraph; 35, last paragraph; 36, second, third and last paragraphs; 40; 49, last paragraph; 51, second paragraph; 52, last paragraph; 62, penultimate paragraph; 63, fractions III, second paragraph and V; 79; 85; 92, fractions I and IV; 99, third paragraph; 145; 202, last paragraph; 206, last paragraph; 212 Bis, third paragraph and Annexes 13 and 14 are REPEALED; and Annexes 9 and 12 of the "General Provisions applicable to brokerage houses", published in the Official Gazette of the Federation on September 6, 2004, modified by Resolutions published in the said Official Gazette on March 9, 2005, March 29, June 26, December 6 and 22, 2006, January 17, 2007, August 11, September 19 and October 23 2008, April 30 and December 30, 2009, February 4, July 29 and November 26, 2010, August 23, 2011, February 16, March 23 and December 17, 2012, January 31, July 2 and 11 2013, January 30, June 5 and 30, December 19, 2014, January 6, 8 and 9, March 13, September 18, December 31, 2015, May 12, September 28, 2016 and December 27, 2016, are SUBSTITUTED to remain as follows:
" FIRST TO FOURTH TITLES . . .
FIFTH TITLE . . .
First Chapter . . .
First Section
Of the object
Second Section
Of the board of directors
Third Section
Of the commissioner
Fourth Section
Of the audit committee
Section A
Of the functions of the audit committee
Fifth Section
Of internal audit
Sixth Section
Of general management
Seventh Section
Of internal comptroller functions
Eighth Section
Final provisions
Second Chapter . . .
Third Chapter . . .
First and Second Sections
. . .
Sections A and B . . .
Section C
Of internal risk audit
Third to Fifth Sections . . .
Fourth and Fifth Chapters . . .
SIXTH AND SEVENTH TITLES . . .
ANNEXES A to D . . .
ANNEXES 1 to 8 . . .
ANNEX 9
Regulatory reports of brokerage houses.
ANNEXES 10 and 11 . . .
ANNEX 12
Minimum guidelines for operation and security for the contracting of support technological services.
ANNEX 13
Repealed.
ANNEX 14
Repealed.
ANNEXES 15 to 17
. . .
ANNEX 18
Minimum requirements of the business continuity plan.
ANNEX 19
Report of events of loss, extraction or unauthorized access to sensitive information. "
" Article 1.- For the purposes of these provisions, in addition to the definitions provided in the Law, it shall be understood by:
I.
Total risk-weighted assets subject to risk: the result of summing the risk-weighted equivalent positions subject to market risk referred to in article 158 Bis, the assets weighted subject to credit risk provided in article 161 and the assets subject to operational risk according to what is established in article 161 Bis 5, all of these provisions.
II.
Integral risk management: the set of objectives, policies, procedures and actions that are carried out to identify, measure, monitor, limit, control, inform and reveal the different risks to which brokerage houses are exposed, as well as their financial subsidiaries.
III.
Independent external auditor: the public accountant or licensed public accountant who fulfills, insofar as applicable, the characteristics and requirements contained in Chapter Four of Title Six of these provisions.
IV.
Internal audit: the function that brokerage houses will carry out through a responsible area to carry out the functions indicated in Section Five, First Chapter, Fifth Title of these provisions, which is independent of general management, to periodically and systematically review, in accordance with the annual work program, the functioning of the internal control system, in compliance with what is established by articles 117 Bis 2 and 117 Bis 3 of these provisions.
V.
Non-fundamental basic capital: the basic part of the net capital referred to in fraction II of article 162 Bis of these provisions.
VI.
Fundamental capital: the basic part of the net capital referred to in fraction I of article 162 Bis of these provisions.
VII.
Net capital: the capital indicated in article 162 of these provisions.
VIII.
Development fiduciary trust certificates: those referred to in article 63 Bis 1, fraction I of the Law.
IX.
Energy and infrastructure investment fiduciary trust certificates: those referred to in the "General Provisions applicable to securities issuers and other participants in the securities market", published in the Official Gazette of the Federation on March 19, 2003 and their respective modifications.
X.
Investment project fiduciary trust certificates: those referred to in the "General Provisions applicable to securities issuers and other participants in the securities market", published in the Official Gazette of the Federation on March 19, 2003 and their respective modifications.
XI.
Indexed fiduciary trust certificates: those referred to in article 63 Bis 1, fraction III of the Law.
XII.
Real estate fiduciary trust certificates: those referred to in article 63 Bis 1, fraction II of the Law.
XIII.
Basic capital coefficient: the result of dividing the basic capital according to article 162 Bis of these provisions, between the total risk-weighted assets subject to risk, expressed as a percentage rounded to the nearest hundredth of a percentage point.
XIV.
Fundamental capital coefficient: the result of dividing the fundamental capital according to fraction I of article 162 Bis of these provisions between the total risk-weighted assets subject to risk, expressed as a percentage rounded to the nearest hundredth of a percentage point nearest.
XV.
Commission: the National Banking and Securities Commission.
XVI.
Audit committee: the committee constituted by the board of directors, which will have the functions described in articles 116 to 117 Bis 1 of these provisions and which will support the mentioned governing body in the definition and updating of the objectives of the system of internal control and the guidelines for its implementation, as well as in its evaluation.
XVII.
Remuneration committee: the committee constituted by the board of directors according to article 169 Bis 6, in order to support the mentioned governing body in its functions relative to the remuneration system, and whose object will be the implementation, maintenance and evaluation of the remuneration system, with the attributes described in article 169 Bis 7 of these provisions.
XVIII.
Operational contingency: any event that hinders, or prevents a brokerage house from providing the services or carrying out the activities established in article 171 of the Law.
XIX.
Internal comptroller: the functions that the area or person designated by the general director must carry out on a daily and permanent basis to promote, through the establishment of measures and controls, compliance with the internal control system of the brokerage house, in the celebration of its operations and provision of services, according to what is established by articles 117 Bis 12 to 117 Bis 14 of these provisions.
XX.
Duty of best execution: the obligation that brokerage houses have to obtain the best possible result, according to market conditions, for their clients in the execution of orders for equity securities traded on stock exchanges that have a concession under the terms of the Law, according to what is provided in these provisions.
XXI.
Office: the legal entities whose activity is the provision of financial statement audit services, in which independent external auditors work.
XXII.
General management: the general director of the brokerage houses, as well as the administrative units that assist him in the performance of his functions, each according to their attributes.
XXIII.
Distribution of securities: the process by which the lead underwriter of a public offering determines the number of offered securities that will be received by those investors who previously had manifested their interest in acquiring them.
XXIV.
Supervisor scenario: the set of assumptions established by the Commission, which brokerage houses must use to carry out their evaluation of capital sufficiency under supervisor scenarios.
XXV.
Stabilization: the purchase operations of shares or credit titles that represent the direct right to an aliquot part on the ownership of such shares, as well as regarding fiduciary trust certificates for development, real estate, in energy and infrastructure or of investment projects, carried out by the lead underwriter of a public offering in the market secondary, during the thirty days following their crossing on the stock exchange, regarding securities of the same class, series or species, using the resources obtained as a consequence of the distribution of securities under the umbrella of an over-allocation and with the purpose of maintaining the prices of these fluctuating with orderly movements during the first days of trading in the secondary market.
XXVI.
Evaluation of capital sufficiency under supervisor scenarios: the process incorporated in the integral risk management of brokerage houses, through which these evaluate if their net capital would be sufficient to cover possible losses that, in their case, derive from the risks to which said entities will be exposed in each of the supervisor scenarios and that comply with the requirements established in Annex 17 of these provisions.
XXVII.
Advanced or Reliable Electronic Signature: the advanced or reliable electronic signature referred to in the Code of Commerce.
XXVIII.
Market making: the services that a brokerage house provides to carry out operations for its own account in the securities market, with its own resources and in a permanent manner, formulating firm purchase or sale bids for a value or set of values, to promote its liquidity, establish reference prices and contribute to the stability and continuity of these.
XXIX.
Market maker: the brokerage house that carries out market making operations.
XXX.
Capitalization index: the result of dividing the net capital between the total risk-weighted assets subject to risk, expressed as a percentage rounded to the nearest hundredth of a percentage point nearest.
XXXI.
Sensitive information: the personal information of the user containing names, addresses, phones or email addresses, together with contract numbers, account numbers, balances, securities portfolio, user identifiers or authentication information.
XXXII.
Technological infrastructure: the computing infrastructure, communication networks, operating systems, databases and applications that brokerage houses use to support their operation.
XXXIII.
Qualified investor:
a)
Basic: a person who maintains on average, during the last 12 months, investments in securities for an amount equal to or greater than 1,500,000 investment units or who has obtained in each of the last 2 years, annual gross income equal to or greater than 500,000 investment units.
b)
Sophisticated: the person who maintains, on average during the last 12 months, investments in securities in one or several financial entities, for an amount equal to or greater than 3,000,000 units of investment or who has obtained in each of the last 2 years gross annual incomes equal to or greater than 1,000,000 units of investment. Clients who wish to be considered as sophisticated qualified investors must sign the form contained in Annex 1 of the "General Provisions applicable to financial entities and other persons who provide investment services", published in the Official Journal of the Federation on January 9, 2015 and its respective modifications.
c) To participate in restricted public offerings: the person who maintained on average during the last year, investments in securities equivalent in national currency to at least 20,000,000 units of investment.
XXXIV.
Institutional Investor: persons who are considered as such in accordance with the Law.
XXXV.
Law: the Securities Market Law.
XXXVI.
Lead Underwriter: the brokerage house that signs the placement contract with the issuer and is responsible for carrying out the review and analysis of the documentation and information relating to the business and activities of the issuer itself and other activities referred to in Article 177 Bis of the Law, in order to obtain the registration of any security and, where applicable, approval of its public offering, as well as to carry out the placement operations of said securities in the market.
XXXVII.
Self-regulatory body: those considered as such in accordance with the Law.
XXXVIII.
Preventive action plan: the set of actions proposed by brokerage houses, which would allow them to remain in category I in accordance with Article 204 Bis 1 of these provisions and meet the minimum capital indicated in Article 10 of these provisions, during the quarters comprising the capital sufficiency evaluation under supervisory scenarios.
XXXIX.
Business continuity plan: the set of strategies, procedures and actions referred to in Article 117 Bis 9 of these provisions that allow the continuity in the provision of services or in the carrying out of the processes of brokerage houses, in the face of operational contingencies, or their timely restoration, as well as the mitigation of the effects resulting from said contingencies.
XL.
Registry: the National Securities Registry.
XLI.
Extraordinary remuneration: the set of salaries, benefits or variable counter-prestations that brokerage houses grant to their employees or personnel holding any position, mandate, commission or any other legal title that the brokerage houses themselves have granted for the carrying out of their operations, which they pay in cash or through other types of compensation and which is determined based on the results obtained, among others, by said employees or personnel, in the carrying out of the activities that are their own.
XLII.
Ordinary remuneration: the set of salaries, benefits or fixed counter-prestations that brokerage houses grant to their employees or personnel holding any position, mandate, commission or any other legal title that the brokerage houses themselves have granted for the carrying out of their operations, which they pay in cash or through other types of compensation and which does not vary in attention to the results obtained by said employees or personnel, in the carrying out of the activities that are their own.
XLIII.
Secretariat: the Secretariat of Finance and Public Credit.
XLIV.
Internal control system: the set of objectives, policies, plans, methods, procedures, information, records and other measures established by brokerage houses with the purpose of: a)
Ensuring that the operating mechanisms are consistent with the strategies and objectives of the brokerage houses and that they allow foreseeing, identifying, administering, monitoring and evaluating the risks that may arise from the development of their corporate purpose, with the purpose of minimizing possible losses that they may incur.
b)
Delimiting the different functions and responsibilities among their corporate bodies, administrative units and personnel, in order to ensure efficiency and effectiveness in the carrying out of their activities.
c)
Having financial, economic, accounting, legal and administrative information that is complete, correct, precise, integral, reliable and timely, and that contributes to adequate decision-making.
d)
Permanently cooperating in the observance of the applicable regulations to the activities of the brokerage houses.
XLV.
Reception and allocation system: the automated system for receiving instructions, recording and executing orders and allocating operations.
XLVI.
Remuneration system: the set of functions, policies and procedures that brokerage houses must establish in order for the ordinary and extraordinary remunerations of their employees, of the different administrative, control and business units, or personnel holding any position, mandate, commission or any other legal title that the brokerage houses have granted for the carrying out of their operations for their own account or with the public, to be determined in attention to the current and potential risks that the activities performed by said employees or personnel represent individually.
XLVII.
Over-allotment: the distribution of an additional volume of titles to the amount of a public offering of securities by the lead underwriter, provided that the amount or number of securities registered in the Registry is not exceeded.
XLVIII.
Securities: those considered as such by the Law.
In their case, the aforementioned terms may be used in singular or plural, without thereby changing their meaning. "
" Article 2.- . . .
I. and II.
. . .
III.
Have the possibility to arrange, directly or indirectly, operations with securities traded on stock exchanges.
IV.
. . .
Additionally, when applicable, they must also demonstrate their ability to comply with a central counterparty for securities with the obligations incumbent upon them, either directly or through a clearing agent that provides them with said services.
A clearing agent shall be understood as the brokerage house that is a shareholder of the central counterparty for securities that constitutes itself as reciprocal creditor and debtor of the brokerage house itself, with respect to the rights and obligations derived from the operations with securities that it may have arranged on the stock exchanges, as well as, where applicable, those corresponding to other intermediaries.
V.
. . .
VI.
Have appointed the commissioner, independent external auditor, general director, administration director, person responsible for audit functions and the person assigned the functions of internal comptrollership, promotion, operation, as well as that of providing the Commission with the periodic information established in these provisions.
VII. to X.
. . . "
" Articles 6 to 8.- Repealed. "
" Article 10.- The minimum paid-in social capital of brokerage houses shall be the equivalent in national currency to the amounts in units of investment (UDIs) indicated below, as applicable:
I.
Brokerage houses that exclusively dedicate themselves to providing one or more of the services indicated in fractions I, VII, VIII, X, XIII, XX and XXII of Article 171 of the Law, as well as the analogous, connected or complementary ones to these, without said services at any time implying the execution of operations, for their own account or for third parties, in national or foreign securities or derivatives markets, and the resources they receive or deliver to their clients are only carried out for the purposes of the placement of securities, must have a minimum subscribed and paid-in social capital of at least the equivalent in national currency to 3,000,000 UDIs.
II.
Brokerage houses that carry out any of the activities or services contemplated in Article 171 of the Law, except those indicated in the first paragraph of the following fraction III, must have a minimum subscribed and paid-in social capital of at least the equivalent in national currency to 9,000,000 UDIs.
III.
Brokerage houses that carry out securities lending operations referred to in fraction II of Article 171 of the Law or carry out one or more of the activities and services provided for in fractions IV, V and VI of said Article 171 of the Law, as well as the analogous, connected or complementary ones to these, must have a minimum subscribed and paid-in social capital of at least the equivalent in national currency to 12,500,000 UDIs.
Brokerage houses that fall under the circumstance provided for in this fraction may carry out the other activities and provide the services indicated in Article 171 of the Law.
The amount of the minimum social capital that brokerage houses must have must be subscribed and paid no later than the last business day of the year in question. To this effect, the value of the UDI corresponding to December 31 of the immediately preceding year shall be considered, in accordance with the determination made by the Bank of Mexico and published in the Official Journal of the Federation.
In the case of recently constituted brokerage houses or those that incorporate activities and services into their corporate purpose that imply a different minimum social capital in terms of this article, said capital must be subscribed and paid prior to the start of their operations in accordance with what is stated in Article 116, fraction I of the Law, adhering to what is provided in the previous paragraph for the purposes of the respective calculation.
When the social capital exceeds the minimum, it must be paid, at least, by fifty percent, provided that this percentage is not lower than the minimum capital required in accordance with the applicable provisions.
When a brokerage house announces its social capital, it must simultaneously announce its paid-in capital.
The net capital in no case may be lower than the minimum social capital applicable to them in accordance with what is established in this article. Brokerage houses that fail to comply with the foregoing shall be subject to what is provided in fraction V of Article 153 of the Law. "
" Article 14.- The lead underwriter of an initial public offering of shares representing the social capital of an issuer or credit titles that represent the right to an aliquot part over the ownership of such shares, as well as fiduciary development, real estate, indexed or investment project exchange-traded funds, must adjust in terms of distribution, to what is provided in the respective placement prospectus. "
" Article 15.- . . .
I.
. . .
II.
Repealed.
III. to V.
. . .
. . . "
" Article 15 Bis.- Brokerage houses that participate as lead underwriters in a public offering of securities must implement policies and procedures for compliance with what is provided in Article 177 Bis of the Law, which must be approved by the board of directors and reviewed by the area responsible for carrying out the internal audit functions of the brokerage house in question. Additionally, it must comply, prior to the issuance of the securities, with the following:
I.
Have evidence of the legal review that has been carried out internally by the brokerage house or by third parties of the documents referred to in fraction I of Article 177 Bis of the Law.
II.
Hold meetings, teleconferences, calls or communications of any kind with the officials of the issuer of the respective securities and other parties they consider appropriate. Lead underwriters must keep evidence of the information of importance that is used during said meetings, teleconferences, telephone calls or communications by printed, electronic means or recordings. In the case of carrying out recordings of meetings, teleconferences or telephone calls, lead underwriters must obtain the authorization of the officials of the issuer or other parties to record their voice, which may be granted in the meeting, teleconference or telephone call itself, based on some prior generic agreement between the lead underwriters and the issuer.
III.
Maintain evidence of the documents and information that are important for the evaluation of the respective issuer in terms of fraction III of Article 177 Bis of the Law, depending on whether it is a debt or equity securities issuance.
IV.
Verify that no relevant changes have occurred in the information disclosed by the issuer for the promotion of the securities subject to the offering, prior to the determination of the offering price and the issuance of the securities. Such verification may be carried out at least through confirmations with the issuer in the terms provided in fraction II of this article.
In the case of securities placements that involve the participation of co-lead underwriters or members of an underwriting syndicate in accordance with what is provided in Article 17 of these provisions, the lead underwriter, at their request, must make available to them the documents and information that is not of a public nature and that the issuer or independent third parties have delivered to it, in terms of what is established in the contract celebrated to that effect by the lead underwriters with the co-lead underwriters or members of the underwriting syndicate, it being provided, where applicable, that the lead underwriters will not be liable to the co-leaders or members of the underwriting syndicate for the information prepared by the issuer or independent third parties.
Article 15 Bis 1.- Brokerage houses that participate as lead underwriters in a public offering of debt instruments are obliged to provide to the price providers authorized by the Commission, on the day the price of the securities is determined, the necessary information to calculate the updated valuation price. "
" Article 19.- The lead underwriter of a public offering of securities may proceed to the over-allotment of the securities subject to the offering, provided that this is foreseen in the placement contract signed with the issuer.
Article 20.- Short positions generated under the cover of an over-allotment must be covered through the obtaining of call options or by carrying out securities lending operations by the issuer, its shareholders or any third party and in favor of the lead underwriter, on shares or titles of the same species and quality.
Article 21.- The exercise of the over-allotment options may not exceed thirty days counted from the date on which the price of the public offering is determined. The lead underwriter must inform the securities depository institution, the stock exchange in question, as well as the Commission, no later than the next business day after the end of the offering period, the result of the operations for the purpose of proceeding to the update of the corresponding records. "
" Article 24.- . . .
I.
They may be carried out within a period not exceeding thirty days, without option to extend, counted from the crossing on the exchange.
II.
. . .
. . . "
" Article 27.- . . .
I.
Shares; capital contribution certificates; ordinary participation certificates on shares or titles representing two or more shares of one or more share series of the same issuer; convertible bonds; optional titles, as well as fiduciary development, real estate, indexed, investment project and investment in energy and infrastructure exchange-traded funds registered in the Registry, will be traded on the exchanges.
II.
Securities representing a debt owed by the issuer registered in the Registry, such as bonds not susceptible to being converted into shares, bonds, promissory notes, bills of exchange, ordinary participation certificates on assets other than shares, exchange-traded funds other than those indicated in the previous fraction, bank titles, government securities or instruments that are assimilated in their operating regime to the latter, as well as shares representing the social capital of variable income investment funds and debt instruments may be traded outside of stock exchanges. Debt securities may be traded through societies that administer systems to facilitate operations with securities.
III.
. . .
IV.
Shares representing the social capital of variable income investment funds and debt instruments may be traded on investment fund trading platforms and the shares issued by capital investment funds and limited object investment funds are not subject to the requirement of listing and trading on a stock exchange and, therefore, will be traded outside of these, unless registration has been opted for in the Registry under the regime applicable to issuers, in which case they will be traded precisely on the exchanges.
V.
. . .
VI.
The transfer of shares derived from the exercise prior to the maturity date and of liquidation at maturity of derivative contracts on shares traded on derivatives exchanges may be carried out outside of stock exchanges, provided that the following is complied with: a)
Such transfers of shares are carried out exclusively for the purposes of the exercise prior to the maturity date and of the liquidation at maturity of the aforementioned derivative contracts on shares traded on derivatives exchanges whose terms and conditions have been previously authorized by the Bank of Mexico.
b)
The transfers of shares are carried out under the cover of brokerage intermediation contracts celebrated by the brokerage house with clearing members that operate in a derivatives exchange, in accordance with the applicable provisions.
c)
Prior to the execution of the operations, the brokerage house must direct a communication to the corresponding stock exchange, in which the particular characteristics of the operation to be carried out are indicated, to be disseminated through the electronic trading system and made known to the investing public.
d)
The brokerage house must inform the Commission of the result of the operation in question, no later than the next business day after the day on which the aforementioned operation was carried out.
Operations with variable income securities listed on stock exchanges that are carried out outside of these must be registered in them no later than the next business day after their celebration and effect said registration, in terms of what is provided in the internal regulations of the respective exchange, in order to be considered as carried out in the stock exchanges themselves.
Penultimate paragraph.- Repealed.
In the case of transactions carried out on shares representing the social capital of investment funds, they will be adjusted to the Investment Funds and Securities Market Laws, so that brokerage houses when operating with their clientele on said shares, will do so with the character of distributors.
Article 27 Bis.- Brokerage houses may open accounts or contracts in other brokerage houses with the purpose of carrying out purchase or sale operations of securities, placement, lending and repo of securities, settlement of operations or for the fulfillment of trusts in which they have the character of trustees.
Article 28.- Brokerage houses that carry out operations with foreign securities that are registered in the Registry, will be carried out in accordance with the following:
I.
. . .
II.
Foreign securities representing a debt owed by the issuer will be traded inside or outside of the exchanges. "
" Article 30.- Brokerage houses will communicate on the same day, to the securities depository institution in which they have deposited the securities, the operations they carry out with respect to the securities that are debt instruments. When it comes to operations carried out with other brokerage houses or credit institutions, they must communicate to the securities depository institution, as soon as technologically possible without exceeding five minutes, the operations they carry out with respect to securities that are debt instruments, in the terms established for such effect in the internal regulations of said institutions.
What is provided in the previous paragraph will also be applicable to securities operated abroad with respect to which the securities depository institutions maintain a record. "
Article 31.- . . .
I. to V.
. . .
VI.
Fiduciary development, real estate, indexed, energy and infrastructure or investment project exchange-traded funds.
VII.
Repealed.
The variable income market includes capital-representative securities, as well as foreign securities issued by collective investment vehicles, listed and quoted throughout the trading sessions on stock exchanges that seek to reproduce the behavior of one or more indices, financial assets or reference parameters, or to reproduce mathematically or statistically in inverse or exponential form, said indices, financial assets or reference parameters that are listed in the international quotation system of the stock exchanges.
Article 32.- . . .
I.
Subscription, placement or exchange of securities, as well as intermediation in public offerings.
II. to VI.
. . .
The operations referred to in the previous fractions I, II, IV and V may be for their own account or for third parties, except for self-entry operations which may only be for their own account. Market making services may only be provided with respect to the securities indicated in fractions I to III and V and VI of Article 31 of these provisions and the operations carried out by virtue of said services may begin once the corresponding securities are operated in the national variable income market.
The carrying out of repo and securities lending operations, as well as credit for the acquisition of variable income securities referred to in the previous fraction III, must comply with the general provisions issued by the Bank of Mexico on this matter. Said operations may be carried out outside of the exchanges, provided that the variable income securities in question are susceptible to repo or lending operations in accordance with said provisions.
Penultimate paragraph.- Repealed.
. . .
Article 33.-
. . .
I. and II.
. . .
III.
To have internal controls that prevent conflicts of interest when operating the proprietary account, the third-party account, and the provision of market-making services. Brokerage houses shall not have the same stockbroker or attorney-in-fact to conduct transactions with the public to carry out proprietary account and third-party account operations, except for transactions to facilitate or to unwind positions generated as a result of a facilitation transaction or to unwind positions generated in the surplus sub-account.
. . .
The obligations contained in this section that brokerage houses must comply with regarding proprietary operations they carry out, will equally apply to operations carried out under discretionary contracts entered into with financial entities or foreign financial institutions that are part of the same business group or consortium as the brokerage house.
Article 34.- Brokerage houses may carry out securities purchase operations on their own account, provided that at the time of settlement there are sufficient resources in the respective account to settle its total amount.
Likewise, they may carry out securities sale operations on their own account, provided that at the time of settlement there are sufficient securities in the respective account to settle the operation.
Article 35.- . . .
I. and II.
. . .
Last paragraph.- Repealed.
Article 36.- Brokerage houses are prohibited from carrying out proprietary operations, including those derived from market-making services, with the controlling company, entities belonging to the same financial group to which they belong, even when such entities act in the performance of trusts, mandates, or commissions. The above restriction will not apply if the person in charge of investment decisions in the trust, mandate, or commission in question issues a written instruction to carry out operations with the brokerage house, or when operations representing the share capital of variable income investment funds or debt instruments are carried out.
Second paragraph.- Repealed.
Third paragraph.- Repealed.
Last paragraph.- Repealed."
" Article 39.- Self-entry operations may only be arranged when all client orders that are at the same or better price and in the same direction as the operation the brokerage house intends to execute, whether purchase or sale, received prior to its submission to the stock exchange trading system, have been fully satisfied.
In the event that positions in the same direction and at a better price are presented, the self-entry operation may only be carried out through a stock exchange cross, once the firm positions existing in the stock exchanges have been satisfied and always if it is in favor of the client.
In case there are orders to be executed with the hidden volume modality, only the part shown in the electronic trading system of the stock exchanges will be executed.
Regarding self-entry operations whose amount corresponds to a block order, brokerage houses are exempt from observing what is provided in this article, subject to the amounts and maximum deviations that the Commission determines in accordance with fraction VI of article 63 of these provisions. "
" Article 40.- Repealed. "
" Article 42.- Brokerage houses must abstain from carrying out self-entry operations in which they are the seller, when during the same auction session at the stock exchange where the operation is intended to take place, a downward variation occurs that has exceeded any of the transactional control parameters established by said stock exchange in its internal regulations, which suspends the issuer. This obligation will count from the moment such downward variation occurs. "
" Article 44.- Short sales may only be carried out on shares; certificates of capital contributions; ordinary participation certificates on shares or titles representing two or more shares of one or more share series of the same issuer; foreign securities issued by collective investment vehicles, listed and quoted throughout the stock sessions in the stock exchanges that seek to reproduce the behavior of one or more indices, financial assets or reference parameters or reproduce mathematically or statistically in an inverse or exponential manner, said indices, financial assets or reference parameters listed in the international quotation system of the exchanges; fiduciary development, real estate, indexed, energy and infrastructure or investment project securities, as well as with respect to capital-representative securities listed in the international quotation system.
Article 45.- Short sales may only be carried out through a stock exchange, subject to the provisions of the internal regulations of the corresponding stock exchange regarding its identification, registration, execution, supervision, and information to the public. "
" Article 47.- Brokerage houses may not carry out short sales, either on their own account or for third parties, from the moment a downward variation occurs that has exceeded any of the transactional control parameters established by the stock exchanges in their internal regulations, which suspends the issuer.
. . .
I. to III.
. . .
. . . "
" Article 49.- . . .
I. to III.
. . .
Last paragraph.- Repealed.
Article 50 .- International arbitrage operations shall only have as their object shares; ordinary participation certificates on shares or titles representing two or more shares of one or more share series of the same issuer; fiduciary development, real estate, indexed, energy and infrastructure or investment project securities, that are negotiable outside the country and that are registered in the Register, as well as with respect to shares and foreign securities issued by collective investment vehicles, listed and quoted throughout the stock sessions in the stock exchanges that seek to reproduce the behavior of one or more indices, financial assets or reference parameters or reproduce mathematically or statistically in an inverse or exponential manner, said indices, financial assets or reference parameters listed in the international quotation system.
. . .
. . .
Article 51.- . . .
Second paragraph.- Repealed. "
Article 52.- . . .
I. to III.
. . .
Last paragraph.- Repealed.
Article 53.- The securities referred to in the previous article may equally be promoted by brokerage houses for listing in the international quotation system referred to in the Law, operating on them on their own account or for third parties, observing the " General Provisions applicable to said international quotation system " published in the Official Journal of the Federation on December 22, 2016 and their respective modifications issued by the Commission and in accordance with what is provided in the internal regulations of the stock exchanges. "
" Article 56.- The clearing and settlement of operations that brokerage houses enter into at any stock exchange, on their own account or for third parties, with equity securities, must be carried out in accordance with the deadlines, terms, and conditions established for this purpose in the internal regulations of the securities depository institutions and central securities counterparties, as applicable. "
" Article 58.- The reception and assignment system must clearly identify, at least, the following:
I.
Account number or contract and whether the contract is discretionary or non-discretionary, as well as whether it concerns clients eligible to issue instructions to the trading desk in terms of what is provided in article 61 of these provisions.
II.
Date and time of receipt of the instruction, as well as the means through which the client issued it.
III.
Date, time, and registration folio number of the orders.
IV.
Date and time of transmission of orders to the stock exchange.
V.
Stock exchange to which the order was transmitted, including foreign stock exchanges with which the stock exchanges have entered into an agreement in terms of article 244, fraction X of the Law.
VI.
Time and folio of the event at the stock exchange where the order was executed.
VII.
Time of operation assignment.
The reception and assignment system must precisely identify the orders referred to securities listed in the international quotation system.
Article 59.- . . .
I.
The different functions and activities related to the reception and assignment system processes, considering from the receipt of instructions to the assignment of operations, as well as the participation and responsibility of their governing bodies, executives, and personnel of the units involved.
. . .
. . .
II.
The types of orders that may enter the reception and assignment system, as well as a description of these and the execution modalities.
III. to X.
. . .
XI.
The mechanisms to comply with the duty of best execution, in accordance with what is provided in these provisions.
XII.
. . .
The manuals, as well as the modifications to the content of fractions I to XII of this article, must be authorized by the general director of the brokerage house and prepared based on the guidelines and policies established by the board of directors upon proposal of the audit committee, for such purposes.
The manuals and their modifications to the content of the cited fractions must be submitted to the prior approval of the Commission.
In addition to what is established in article 117 Bis 7 of these provisions, the general director of the brokerage house will be responsible for verifying the correct application of the manuals referred to in this article and their due compliance. This is without prejudice to the functions referred to in article 87 of these provisions. "
" Article 61.- Brokerage houses may consider their clients as eligible to issue instructions to the trading desk whenever it concerns:
I.
Institutional investors.
II.
Natural or legal persons who demonstrate to the brokerage house that they maintained on average during the last year:
a)
Investments in securities equivalent in national currency to at least 20,000,000 UDIs, or;
b)
Investments in securities equivalent in national currency to at least 1,500,000 UDIs, or that they have obtained in each of the last two years, annual gross income equal to or greater than the equivalent in national currency to 500,000 UDIs. In the two cases referred to in this subsection, the clients additionally must have an active operation with the brokerage house in question during the last twelve months, for an amount equivalent in national currency to 1,250,000 UDIs.
In case the respective brokerage house does not have custody of all of its client's securities, the client must declare to said brokerage house that they maintained investments in securities for the corresponding amount, as provided in subsections a) and b) above, in order to be eligible to issue instructions to the trading desk.
III.
Natural or legal persons when they have contracted the services of an investment advisor, as well as those who have contracted with the brokerage house the services of investment management in terms of the " General Provisions applicable to financial entities and other persons providing investment services " published in the Official Journal of the Federation on January 9, 2015 and their respective modifications.
IV.
Foreign financial institutions, including those referred to in the Credit Institutions Law.
V.
Foreign investors who declare having in their country of origin the status of Institutional Investor or equivalent in accordance with the legislation applicable to them.
The clients referred to in this article must present to the brokerage house in question a declaration in which they declare that they know the differences between the instructions they issue to the book and to the trading desk in terms of these provisions, as well as that they understand that the stockbrokers of the brokerage houses are responsible for administering and executing orders derived from instructions issued to the trading desk. Likewise, that they are aware of the transmission and precedence order for the execution of orders issued to the trading desk, as stated in fraction II of article 75 of these provisions.
Article 62.- . . .
I. and II.
. . .
Regarding clients who are not considered eligible to issue instructions to the trading desk, brokerage houses may only register orders derived from book instructions when it concerns equity securities registered in the Register. For the case of securities listed in the international quotation system, brokerage houses may administer in their trading desk the instructions of their clients that concern this type of securities.
. . .
. . .
Penultimate paragraph.- Repealed.
When it concerns instructions issued through telecommunication means using voice, brokerage houses may only receive the respective instructions in said medium, if they previously obtain the client's authorization to record their voice or that of the person authorized to instruct the celebration of operations under the respective contracts.
Article 63.- . . .
. . .
I.
Specific time: that which is entered into the electronic book of the stock exchanges, for a determined period, within the same stock session.
II.
. . .
III.
Hidden volume: that which is to be displayed in the electronic trading system of the stock exchanges, showing only a part of its total volume.
Second paragraph.- Repealed.
. . .
IV.
Global: that which groups instructions from various clients or from a single client with several accounts, as well as from the proprietary account, with identical characteristics regarding price, issuer, security, series, and current coupon. Only operations may be carried out on shares; ordinary participation certificates on shares or titles representing two or more shares of one or more share series of the same issuer; foreign securities issued by collective investment vehicles, listed and quoted throughout the stock sessions in the stock exchanges that seek to reproduce the behavior of one or more indices, financial assets or reference parameters or reproduce mathematically or statistically in an inverse or exponential manner, said indices, financial assets or reference parameters listed in the international quotation system of the stock exchanges; fiduciary development, real estate, indexed, energy and infrastructure or investment project securities registered in the Register, as well as capital-representative securities listed in the international quotation system.
Brokerage houses may only participate in a global order through their proprietary account, always that they do so to facilitate the execution of orders issued by their clients, which must be fully identified within said order. For the purposes of the above, brokerage houses must have the consent of their clients, reflected in the brokerage contract. Additionally, brokerage houses may participate in global orders to reduce risk exposures.
Brokerage houses that update the scenarios mentioned in the previous paragraph, must prepare a report containing the date, time, folio of the global order, identifying, if applicable, if the proprietary account of the brokerage house participated to facilitate or reduce risk exposures, which must be signed by the official or area in charge of reviewing the operations carried out through the systems of the stock exchanges referred to in article 87 of these provisions.
V.
Repealed.
VI.
Block: that which, by reason of its amount, the Commission determines must be considered as such by brokerage houses.
The Commission will determine the amount of said operations, as well as the maximum deviation of the existing positions or of the reference buy and sell prices that they may have. The above will be notified to the brokerage houses and to the stock exchanges, as well as to the general public through the Internet at the site http://www.gob.mx/cnbv.
. . .
Brokerage houses must make known to their clientele the types of orders they can execute, as well as the criteria they will use for their administration, through the informational brochures referred to in article 60 of these provisions. "
" Article 65.- Brokerage houses, when registering in their reception and assignment system the orders derived from the instructions they receive from their clients and, if applicable, their modifications, in terms of the third and fourth paragraphs of article 62 of these provisions, must faithfully record the client's name and their contract number, detailing if it is a client who can issue instructions to the trading desk, sequential folio according to their receipt, date and exact time of receipt of each instruction, as well as whether the instruction was issued to the book or to the trading desk. These data may not be altered or modified for any reason or circumstance.
Regarding instructions issued verbally, they must have the confirmation of the instruction by the client in writing or by some electronic or telephone means. "
" Article 67 .- Brokerage houses that, if applicable, receive instructions that by their nature must be split into more than one order, must register in their reception and assignment system each order with its corresponding folio in terms of article 75 of these provisions. Said system must allow identifying the instructions that gave rise to said orders.
The verification of what is contained in article 66 of these provisions and the registration mentioned in the previous paragraph, must be carried out immediately, in the same time sequence in which the instructions are received.
In case of instructions received on non-business days or hours, the orders derived from them must remain registered in the same time sequence in which said instructions were received, at the opening of the next stock session.
Article 68.- Brokerage houses may provide their clients with direct electronic access channels, for the immediate sending of instructions to the book to the electronic trading systems of a stock exchange. Orders transmitted through said channels will not be subject to the duty of best execution.
Brokerage houses that provide electronic access channels to their clients must offer them for any of the stock exchanges.
Brokerage houses that provide direct electronic access channels must ensure that said channels allow them to establish the controls indicated in this chapter. Likewise, they will maintain at all times responsibility regarding the transmitted orders and must enter into a contract with each of their clients in which the terms and conditions for the use of said channels are established.
The direct electronic access channels provided to the clients of the brokerage houses will form part of their reception and assignment systems. Likewise, brokerage houses must ensure that said channels are compatible with the electronic trading systems of the stock exchange in question and comply with the provisions contained in their respective internal regulations.
In any case, brokerage houses may offer several clients the same direct electronic access channel, on the understanding that they will share said channel. When instructions have identity in the sense of the operation, whether purchase or sale, and in the securities to which they refer, they will have precedence among themselves, according to the reception folio assigned by the brokerage house, in accordance with what is stated in fraction III of article 75 of these provisions.
Brokerage houses may only offer direct electronic access channels to their clients who are institutional investors or sophisticated qualified investors.
Brokerage houses must ensure that the direct electronic access channels they provide to their clients are connected to the brokerage houses' systems to verify the controls referred to in this article and to be able to transmit the corresponding orders through the direct channels that the brokerage houses themselves maintain with the stock exchange in question.
Brokerage houses must have mechanisms that allow establishing controls that include the tracking of orders prior and subsequent to their execution, as well as performing reviews of each operation carried out. Likewise, they must determine limits and controls to prevent their clients from entering orders through the direct electronic access channels that do not comply with the terms and conditions for the use of said channels or that put the integrity of the market at risk, as well as the correct formation of prices. In the event that brokerage houses detect orders that do not satisfy the requirements established by the brokerage houses, they may cancel or not accept them without incurring any responsibility.
Brokerage houses that make direct electronic access channels available to their clients must establish in their contracts what is provided in Annex 15 of these provisions.
Brokerage houses must have a registry containing the general data of the clients to whom they are providing direct electronic access channels.
Article 68 Bis.- Brokerage houses must establish controls and limits to prevent their clients from entering orders that put the integrity of the market at risk, as well as the correct formation of prices.
Article 69.- Brokerage houses must register in their reception and assignment system, the orders related to their proprietary operations as book instructions, with the exception of those carried out to facilitate their clients' orders, in which case they may be registered as trading desk instructions.
It shall be understood as facilitation operations, those that brokerage houses execute on their own account with a client in order to satisfy, totally or partially, the order of said client, for which they must have the consent of this, reflected in the brokerage intermediary contract.
Brokerage houses may transmit to the electronic trading system of the stock exchanges, orders for their own account, without the need to register them previously in their reception and assignment system. Without prejudice to the foregoing, they must carry out the respective registration of their own orders immediately after their transmission.
Brokerage houses may not execute orders on their own account in the electronic trading system of the stock exchanges at a price that satisfies the orders pending execution at the client desk, when there is identity in terms of the sense and the values to which they refer, except in the following cases:
I.
If they are instructions from clients that must be executed in a fractional manner in terms of what is provided for in Article 74, second paragraph of these provisions, or if their purpose is to close arbitrage positions or by financial derivative instruments, carry out hedging operations in the issuance of optional securities, or the purchase and sale of the assets that make up the patrimony of some issuer trust of indexed fiduciary securities certificates or carry out an operation whose purpose is to reduce the risk of the brokerage house.
II.
Carry out operations whose ultimate purpose is to facilitate those of their clients, in which case the brokerage house itself must execute the client's order in the same trading session for the same volume and at a price equal to or better than that at which it executed the order on its own account.
In no case may brokerage houses execute orders on their own account in the electronic trading system of the stock exchanges prior to the execution of block orders, when there is identity in terms of the sense and the values to which they refer.
Article 69 Bis.- Brokerage houses, in carrying out the operations mentioned below, must maintain an exclusive subaccount for each type of operation registered in their own account: arbitrage or by financial derivative instruments, hedging in the issuance of optional securities, purchase or sale of the assets that make up the patrimony of issuer trusts of indexed fiduciary securities certificates, to facilitate the execution of orders issued by their clients or to assign the surpluses from the execution of operations in the stock exchanges.
Brokerage houses, at the close of each day, must generate a report for each of the subaccounts referred to in the previous paragraph, which contains each operation carried out as follows:
I.
Date and time of execution of the operation.
II.
Order folio.
III.
Assignment folio.
IV.
Object of the operation carried out by the brokerage house.
V.
In the case of operations whose purpose is to close positions by financial derivative instruments or hedging in the issuance of optional securities, brokerage houses must identify the type of instrument being covered. Additionally, for the case of purchase and sale operations of the assets that make up the patrimony of some issuer trust of indexed fiduciary securities certificates, they must specify the certificate being integrated; regarding arbitrage operations, they must indicate the folio of the complementary operation and for operations to facilitate the orders of their clients, they must indicate the client's contract number to which the operation was facilitated and the folio of the client's order.
VI.
For the case of the surplus subaccount, the identification of the origin of said surpluses.
This report must be signed by the official or area in charge of reviewing the operations carried out through the electronic trading systems of the stock exchanges, referred to in Article 87 of these provisions.
" Article 73.- Brokerage houses must verify, prior to the transmission of positions derived from orders, through control mechanisms and operating policies, that in the corresponding account there will be sufficient values or resources on the date of the settlement corresponding to the operation in question, which allow the fulfillment of the respective obligations. Brokerage houses are exempt from such verification, regarding accounts through which brokerage houses grant credits to their clients for the purchase or sale of shares in terms of the provisions issued by the Bank of Mexico or well, clients whose custody is carried out by some other national financial entity or foreign financial institution.
. . .
Brokerage houses may reject orders that do not meet the aforementioned requirements, without thereby incurring any liability.
Article 74.- Brokerage houses will transmit to the electronic trading system of the stock exchanges, one by one, the positions corresponding to the orders derived from the instructions to the book issued by their clients and orders on their own account. Brokerage houses may fractionate the total volume of the orders only to comply with the duty of best execution and, consequently, the orders may be intercalated with others that have entered later.
Regarding orders derived from instructions to the desk issued by their clients, brokerage houses may fractionate their volume and intercalate their transmission with other orders that have been registered later in the reception and assignment system.
. . .
Article 75.- . . .
I. to III.
. . .
The reception and assignment system of brokerage houses must have a unique folio number that assigns a consecutive folio to each order that enters for instructions to the book, another unique folio number that also assigns a consecutive folio to orders derived from instructions to the desk and folio numbers for orders sent through direct electronic access channels, understanding that each will carry its respective order of precedence.
. . . "
" Article 76 Bis.- Brokerage houses in the execution of their clients' orders on variable income securities, must comply with the duty of best execution. For such purposes, they must have automated systems that allow them to execute the order considering the factors indicated below in the order indicated, unless the characteristics of the instruction require applying them in a different order:
I.
The best price available in the stock exchanges, given the market conditions at the moment of execution.
II.
The volume of said value available in the stock exchanges.
III.
The probability of execution, according to the calculation methodology determined by the brokerage houses, which must be approved by its general manager.
Brokerage houses in determining the calculation methodology for the probability of execution referred to in the previous fraction III, must incorporate information of at least the last three months, which is published daily by the stock exchanges in terms of the "General Provisions applicable to stock exchanges", published in the Official Journal of the Federation on May 15, 2017 and its respective modifications.
Brokerage houses must comply with the duty of best execution when the type of order is contemplated in any of the stock exchanges; otherwise, they must send the order to that stock exchange in which the respective type of order is contemplated.
Article 76 Bis 1.- Brokerage houses may not establish commissions or fees charged to their clients for the concept of the execution of orders that have been transmitted to the electronic trading systems of the stock exchanges, that privilege one stock exchange to the detriment of another. "
Article 76 Bis 2.- Brokerage houses in the celebration of operations between two of their clients, in which there is identity in the values to which they refer, coincidence in price and different sense depending on whether it is purchase or sale, must observe the following:
I.
They will be carried out within the price differential, between the best buying position and the best selling position in force that are registered at that moment in the electronic trading system of the stock exchanges.
II.
They can only be celebrated through a cross in some stock exchange. "
" Article 79.- Repealed. "
" Article 81 Bis.- In the case of orders that are cancelled by some stock exchange in accordance with their respective internal regulations, brokerage houses must identify them in their reception and assignment system.
Article 82.- Brokerage houses must register in their reception and assignment system the assignments of the operations they carry out on behalf of their clients or on their own account, observing the chronological sequence of execution of said operations in the stock exchange in which the order was executed and according to the folio corresponding to the order that was satisfied, which will take place immediately upon the fact.
Under no circumstances may an operation be assigned when the time of realization of the fact in the stock exchange is prior to the time of reception and registration of the order, except in the case of orders celebrated by the brokerage house on its own account, as provided for in Article 69 of these provisions. "
" Article 84.- . . .
I.
. . .
II.
. . .
a)
. . .
b)
When they have been agreed at different prices, they will be assigned based on the weighted average price.
III.
In the case of orders derived from instructions of foreign financial entities or investment fund operating companies, the assignment must be made no later than six o'clock in the afternoon of the day on which the operation has been carried out. In its case, the assignment will be made in the contracts that determine and according to their instructions.
IV.
The executed order under the global modality of foreign financial entities or investment fund operating companies may be assigned to one or more accounts that these determine.
Article 85.- Repealed.
Article 86.- The surpluses resulting from the execution of operations in the stock exchanges, will be assigned directly and exclusively to the own position of the brokerage house, in one of the subaccounts referred to in Article 69 Bis of these provisions, precisely on the same day they originate, not being assigned to any of its clients.
Article 87.- Brokerage houses must have an official or area in charge of reviewing the operations carried out through the electronic trading systems of the stock exchanges, which must be designated by the person or area to whom the functions of internal audit have been assigned, and be independent of the business areas. Said official or area will be in charge, at least, of the following:
I.
Verify that what is established in Title Third, Chapter Second of these provisions, as well as what is provided for in Articles 180 and 181 of the Law and other articles that are applicable, is complied with.
II.
. . .
III.
Verify that the content of the reports that brokerage houses must elaborate in terms of Articles 63, fraction IV, third paragraph and 69 Bis, second paragraph of these provisions, adhere to them, as well as ensure their proper safeguarding and conservation in electronic, digital or magnetic archive for a period of at least five years as an integral part of their accounting.
IV.
. . .
a)
The classification of whether or not they are eligible clients to issue instructions to the desk in terms of what is provided for in Article 61 of these provisions, as well as whether the clients have the necessary characteristics to be able to participate in the offer of securities in question.
b) and c)
. . .
d)
The rules established in Articles 83, 84, 90 and 91 of these provisions.
V.
. . .
VI.
Prepare a monthly report containing the activities carried out, the findings and non-compliances detected, as well as the solutions carried out for such purposes. Said report must be sent to the person or area to whom the functions of internal audit have been assigned and to the person responsible for monitoring compliance with the "General Provisions applicable to financial entities and other persons who provide investment services", published in the Official Journal of the Federation on January 9, 2015 and its respective modifications, without prejudice to making known to the person or area of internal audit and the audit committee, immediately, the detection of any deficiency or deviation in the exercise of their functions that is considered significant or relevant.
Additionally, when so determined by the audit committee, the official or area referred to in this article, will inform other units of the brokerage house, including, in its case, the board of directors.
VII.
. . .
The report referred to in this fraction must be sent to the Commission in writing, must contain at least the description of the operations, including the type of instruction and order; the information referred to in Article 58 of these provisions; the reasons why it is presumed that the operation in question updates any of the circumstances established in this fraction, and any other information related to the operations reported.
The official or area in charge of reviewing the operations carried out through the electronic trading systems of the stock exchanges, must have documented procedures in writing for the development of the functions indicated in the previous fractions I to VI. "
" Article 89.- Brokerage houses must abstain from executing operations in which the sale and purchase of the values are assigned simultaneously in one or more contracts, in which there is identity between one or several holders, or between the different subaccounts of the own account of the brokerage house.
The operations that
have the purpose of closing arbitrage positions
or by financial derivative instruments, carry out a coverage in the issuance of optional securities, or one of
purchase and sale of the assets that make up the patrimony of some issuer trust of indexed fiduciary securities certificates, are exempt from the above, as long as they are not carried out through the same subaccount.
Additionally, the crosses carried out by brokerage houses in global accounts are exempt, as long as information is obtained that allows verifying that the assignment of the values was carried out to different persons. "
" Article 91.- Brokerage houses may make corrections to the assignments of the operations carried out in the stock exchanges and prior to their settlement, in the case that it is errors in the volume, price or sense of the order, name of the clients or in the number of their accounts.
Brokerage houses will leave a record that allows verifying the original instruction issued by the client, the causes of the error and the procedure followed for its correction, as well as the name of the director or directors who authorized the correction, for which they must elaborate and conserve a record of the movements made.
This record must be signed by the official or area in charge of reviewing the operations carried out through the electronic trading systems of the stock exchanges referred to in Article 87 of these provisions.
Brokerage houses will assign to the account of their own position, in the surplus subaccount, the values that derive from errors committed.
Article 92.-
. . .
I.
Repealed.
II. and III.
. . .
IV.
Repealed.
. . . "
" Article 99.- . . .
. . .
Third paragraph.- Repealed.
Brokerage houses will communicate on the same day, to the institution for the deposit of values in which they have deposited the values, the operations they celebrate regarding the values that are debt instruments. When it is about operations celebrated with other brokerage houses or credit institutions, they must communicate to the institution for the deposit of values, as soon as technologically possible without exceeding five minutes, the operations they celebrate regarding values that are debt instruments, in the terms that for such effect are established in the internal regulation of said institutions.
. . .
. . . "
" First Section
Of the object
Article 105.- This chapter has as its object to establish the objectives of the internal control system, the guidelines and policies to which brokerage houses must adhere in their implementation, as well as the participation that regarding this will comprise the administration and surveillance bodies of said entities.
Second Section
Of the board of directors
Article 106.- The board of directors of the brokerage houses, at the proposal of the audit committee, must approve the objectives of the internal control system and the guidelines and policies for its implementation, within which at least the following will be included:
I.
Those for the adequate employment and use of human and material resources.
II.
Those that regulate the operational processes of the brokerage house preserving at all times the liquidity, solvency and stability of the brokerage houses with the aim of protecting the interests of the public investor.
III.
Those that regulate and control the dependence on external suppliers, including in the case of subsidiaries, the services they provide to their headquarters, adhering to what is authorized under Article 116 of the Law.
Likewise, those that regulate and control the provision of services that, in their case, have been contracted with third parties in terms of what is provided for in Chapter Second of Title Seventh of these provisions must be included. The foregoing, understanding that brokerage houses must establish objectives and guidelines consistent with those applicable to their own operation.
IV.
Those that regulate and control what relates to the installation and use of automated data processing systems and telecommunications networks.
V.
Those relative to the organizational structure of the brokerage house, seeking that there is a clear segregation and delegation of functions and responsibilities between the different units of the entity, as well as the independence between the units, areas and functions that so require.
VI.
Those that regulate the establishment of communication channels and information flow between the different units and areas of the brokerage house, in order for the general management to implement what is indicated in fraction V of Article 117 Bis 7 of these provisions.
VII.
Those relative to the operation, which will serve for the definition, documentation and periodic review of the operational procedures of the brokerage house. These policies must:
a)
Establish that operations are carried out by authorized personnel.
b)
Provide for the systematic accounting registration of their operations, as well as their results, in order to:
i)
Financial, economic, accounting, legal and administrative information, be complete, correct, precise, integral, reliable and timely, and that it has been elaborated in compliance with applicable regulations.
ii)
There are records called "audit trails" that allow reconstructing chronologically and verifying the operations.
iii)
Verification and reconciliation systems of reported figures are established both within the brokerage house, as well as to the authorities.
VIII.
Those applicable to the business continuity plan.
IX.
Control measures so that operations are approved, processed and registered correctly, including the minimum measures and procedures that brokerage houses must observe to prevent, detect and report acts, omissions or operations that could favor, provide assistance or cooperation of any kind for the commission of the crime provided for in Article 139 Quater of the Federal Penal Code, or that could be located in the circumstances of Article 400 Bis of the same legal order; also providing procedures to investigate, report and sanction cases where there is alteration of the information.
Article 107.- The board of directors, once the objectives of the internal control system and the guidelines and policies for its implementation have been approved, must:
I.
Approve, at least up to the second hierarchical level, the organizational structure of the brokerage house, presented by the general manager, as well as its eventual modifications.
II.
Evaluate, at least once a year, through reports elaborated by the general management and the audit committee, that the internal control system is functioning adequately, taking into consideration, among others, those events that caused losses.
III.
Approve the code of conduct of the brokerage house that includes the policies for the solution of potential conflicts of interest in the realization of its activities, as well as promote its dissemination and application in coordination with the general management.
The code of conduct must contain norms consistent with current legislation and other applicable legal provisions, as well as with the sound uses and practices of the market.
Additionally, it must incorporate guidelines that detail the obligations relative to the confidentiality of the information of the brokerage house, of other entities or of its clientele.
IV.
Designate, at the proposal of the audit committee, the person responsible for the internal audit area, as well as the hiring of the external auditor.
V.
Evaluate at least once a year, the objectives of the internal control system and the guidelines and policies for its implementation.
VI.
Evaluate, at least once a year, the management and functions of the audit committee and the general management.
VII.
Determine the preventive and corrective measures that correspond in order to remedy the irregularities that are known to them, as well as follow up on their implementation.
VIII.
Approve the business continuity plan, as well as its modifications, presented by the audit committee. Said plan must be submitted at least once a year to functioning tests and made known to the personnel.
All the matters that according to this chapter must be authorized by the board of
administration, must be previously evaluated by the audit committee of the brokerage house, who will present them directly to said board of directors.
Third Section
Of the Comptroller
Article 108.- The or the comptrollers of the brokerage house, in the performance of their activities, must evaluate the functioning and observance of the internal control system, based on the reports that, in accordance with these provisions, are prepared by the audit committee, the person responsible for the internal audit area and the internal comptrollership functions of the brokerage house, as well as the sufficiency and reasonableness of said system, without prejudice to additionally examining, in accordance with their powers, the operations of the brokerage house, its documentation and records, as well as any supporting evidence required for this purpose.
In the event that the comptrollers access information protected by the stock market secrecy referred to in the Law, they must maintain due confidentiality.
Fourth Section
Of the Audit Committee
Article 109.- The audit committee must follow up on the internal and external audit activities, as well as the internal comptrollership functions of the brokerage house and the person responsible for monitoring compliance with the "General Provisions applicable to financial entities and other persons providing investment services," published in the Official Journal of the Federation on January 9, 2015, and its respective modifications, keeping the board of administration informed, in accordance with what is established in this section, regarding the performance of said activities.
Likewise, the audit committee will supervise that the financial and accounting information is prepared in accordance with the guidelines and provisions to which brokerage houses are subject, as well as with the accounting principles applicable to them.
Article 110.- The audit committee must be integrated in accordance with the following provisions and, in any case, the members of said committee must be selected for their professional capacity and prestige, and at least one of its members must be a person who has knowledge and extensive experience in the financial, audit, and internal control area.
Article 111.- The sessions of the audit committee will be valid with the participation of the majority of its members, provided that its president or the substitute for this is present. The agreements issued will be taken by majority vote of the members present, with the president having a casting vote in case of a tie.
The person responsible for the internal audit functions, the general director, and the area or personnel to whom the internal comptrollership functions of the brokerage house have been assigned, may submit to the consideration of the audit committee, matters for their inclusion in the agenda.
The audit committee must meet at least quarterly, within the 20 business days following the end of each of the first quarters of the fiscal year and within the 40 business days following the conclusion of the fourth quarter, recording the agreements taken in minutes duly signed by each and every participating member, understanding that said sessions may be held by electronic means, videoconference, or telephone.
The audit committee must collect and preserve all presentations, analyses, or annexes corresponding that have served as the basis for discussion and decision-making.
Article 112.- In no case may the directors and employees of the brokerage house itself be designated as members of the audit committee.
Article 113.- The audit committee will be integrated with at least three and no more than five members of the board of administration, who may be regular or alternate members, of which at least one must be independent and will preside over it.
Regular or alternate councilors who are members of the audit committee may be replaced by any other councilor.
In the event of the president's absence at any session of the audit committee, the members will designate from among the regular or alternate independent councilors of the committee, the person who must preside over that session.
The audit committee must have a secretary, who will be designated by the president, will be responsible for drawing up the minutes of the respective sessions, and may or may not be an integral member of the committee.
Article 114.- As guests with the right to speak but without voting rights, the general director, the person responsible for the internal audit functions, the or the comptrollers, the person responsible for the internal comptrollership functions of the brokerage house, as well as any other person at the request of the president of said committee when deemed appropriate due to the topic to be discussed, may attend the sessions of the audit committee, having to withdraw when the latter deems it convenient, due to the nature of the matters to be addressed or to carry out their deliberations.
Regarding brokerage houses that are subsidiaries of foreign financial institutions, whose securities received in custody represent less than one point five percent of the securities received in custody for the total of the brokerage houses, with figures at the close of the immediate previous fiscal year, said audit committee may be integrated by persons other than members of the board of administration, provided they meet the requirements established for the latter in the Law and are designated by the board itself. In any case, what is provided in Article 112 of these provisions must be observed.
Article 115.- The members of the audit committee of the brokerage houses may be removed by the board of administration, upon a well-founded proposal from its president or the head of the Commission, in the latter case with the agreement of its Board of Directors.
Section A
Of the functions of the audit committee
Article 116.- The audit committee must propose for approval by the board of administration, the internal control system that the brokerage house itself requires for its adequate functioning, as well as its updates.
Article 117.- The audit committee, in addition to what is stated in the previous article, must propose for approval by the board of administration, the following:
I.
The designation of the internal auditor of the brokerage house.
II.
The designation of the external auditor and the additional services derived from the certification of financial statements that, in their case, must be provided to the brokerage house.
III.
The code of conduct for brokerage houses prepared by the general management.
IV.
The changes prepared by the general director in accordance with applicable regulations, to the accounting policies regarding the recording, valuation of items in the financial statements, and presentation and disclosure of information of the brokerage house, so that the latter is complete, correct, precise, integrated, reliable, and timely. In any case, the committee may also propose the cited changes when it deems it necessary for the brokerage house, hearing the opinion of the general management.
V.
The rules that will govern the functioning of the committee itself.
VI.
The policies referred to in Article 186 of these provisions.
Article 117 Bis.- The audit committee, in the development of its functions, must at least perform the following activities:
I.
Have a log that allows identifying over time the modifications made to the manuals used for the implementation of the objectives, guidelines, and policies of the internal control system of the brokerage house. Said log must be prepared or reviewed by the person responsible for the internal comptrollership functions of the entity.
II.
Determine the corrective and preventive measures related to deficiencies or deviations in the internal control system that have come to its knowledge.
III.
Ensure, with the support of the person responsible for the internal audit functions, that the operation manuals adhere to the internal control system.
IV.
Review, based on the reports of the area responsible for performing internal audit functions and the external auditor, at least once a year or when required by the Commission, the compliance with the internal audit program, informing the board of administration, in its case, of the causes of non-compliance with the program. For the review referred to in this fraction, the audit committee must verify that the audits were carried out in accordance with the quality standards applicable in accounting and internal control matters.
V.
Evaluate semi-annually the activities of the persons responsible for the internal comptrollership functions, internal audit functions, and the person responsible for monitoring compliance with the "General Provisions applicable to financial entities and other persons providing investment services," published in the Official Journal of the Federation on January 9, 2015, and its respective modifications.
VI.
Monitor the independence of the area responsible for performing internal audit functions with respect to the other business and administrative units of the brokerage house. In case of lack of independence, it must inform the board of administration on the same day it becomes aware of such circumstances.
VII.
Review, with the support of internal and external audits, the application of the internal control system, evaluating its efficiency and effectiveness.
VIII.
Inform the board of administration, at least once a year, about the situation of the internal control system of the brokerage house. The report must contain, at a minimum, the following:
a)
The deficiencies and deviations in the internal control system that, in their case, require improvement, taking into account for this purpose the reports and opinions of the internal and external auditors respectively, as well as of the person responsible for the internal comptrollership functions.
b)
The follow-up on the implementation of preventive and corrective measures derived from the observations of the Commission and those indicated in fraction II of this article, from the results of internal and external audits, as well as from the evaluation of the internal control system carried out by the audit committee itself.
c)
The assessment of the performance of the internal comptrollership functions and the area responsible for performing internal audit functions.
d)
The evaluation of the performance of the external auditor, as well as the quality of its opinion and the reports or information it prepares, in compliance with the general provisions applicable, including the observations made by the Commission regarding this matter.
e)
The significant aspects of the internal control system that could affect the performance of the brokerage house's activities.
f)
The results of the review of the opinion, reports, opinions, and communications of the external auditor.
g)
An evaluation of the scope and effectiveness of the business continuity plan, its dissemination among the relevant areas, and the identification, in its case, of the necessary adjustments for its update and strengthening.
IX.
Review in coordination with general management, at least once a year or before when there are significant changes in the operation of the brokerage house, the manuals referred to in fraction III of this article, as well as the code of conduct referred to in fraction III of Article 117 of these provisions.
X.
Approve the annual work program of the area responsible for performing internal audit functions.
XI.
Inform the board of administration of irregularities in the operation of the brokerage house that affect its solvency or liquidity, result in impacts on client equity, constitute a relevant non-compliance with applicable provisions, or represent an operational risk for the brokerage house, detected during the exercise of its functions and, in its case, the corrective actions adopted or propose to said collegiate body those that must be ordered.
XII.
Make observations on the external audit program presented to it by the external auditor.
XIII.
Determine corrective and preventive measures when it has knowledge that the area or person in charge of internal comptrollership indicated in Article 117 Bis 12 of these provisions, as well as the person responsible for monitoring compliance with the "General Provisions applicable to financial entities and other persons providing investment services," published in the Official Journal of the Federation on January 9, 2015, and its respective modifications, as well as the internal and external auditor and the information security officer, do not have access to all the necessary information for the performance of their functions.
XIV.
Those others that are necessary for the performance of their functions.
The audit committee, in the development of the activities indicated in this article, will establish the necessary procedures for the general performance of its functions, in compliance with the norms indicated in fraction V of Article 117 of these provisions. In any case, the members of the audit committee will take as a basis for the performance of their activities, the information prepared by the external auditor, the persons responsible for the internal comptrollership functions, internal audit functions, and the person responsible for monitoring compliance with the "General Provisions applicable to financial entities and other persons providing investment services," published in the Official Journal of the Federation on January 9, 2015, and its respective modifications, as well as the general management of the brokerage house.
Article 117 Bis 1.- The audit committee, in the preparation of the report referred to in Article 117 Bis, fraction VIII of these provisions, will hear the general management, the internal auditor, and the person responsible for the internal comptrollership functions of the brokerage house. In the event of a difference of opinion with the latter, regarding the internal control system, such differences must be incorporated into said report.
Fifth Section
Of Internal Audit
Article 117 Bis 2.- Brokerage houses must have an area responsible for performing internal audit functions that will be in charge of periodically reviewing, through selective testing, that the policies and norms established by the board of administration for the correct functioning of the brokerage house are applied appropriately, as well as to verify in the same way, the correct functioning of the internal control system and its consistency with the objectives, guidelines, and policies applicable in this matter.
The area in charge of performing the functions referred to in this article must be independent of the business and administrative units, whose responsible or responsible persons will be designated by the board of administration, upon proposal of the audit committee, without prejudice to the exercise of the functions that also correspond to it in the matter of comprehensive risk management audit. In no case may the internal audit functions be assigned to the person responsible for monitoring compliance with the "General Provisions applicable to financial entities and other persons providing investment services," published in the Official Journal of the Federation on January 9, 2015, and its respective modifications.
Article 117 Bis 3.- The area responsible for performing internal audit functions will have, among others, the following functions:
I.
Evaluate, based on the annual work program referred to in fraction XI of this article, through substantive, procedural, and compliance testing, the operational functioning of the different units of the brokerage house, as well as their adherence to the internal control system, including the observance of the code of conduct. Said annual work program must be based on the risk associated with each of the different units of the brokerage house.
II.
Review, according to the periodicity established for this effect, that the control mechanisms implemented in terms of these provisions entail the adequate protection of the assets of the brokerage house and the equity of its clients.
III.
Immediately review if it has knowledge of any event that:
a)
May affect the solvency or liquidity of the brokerage house, resulting in impacts on client equity.
b)
Constitutes a relevant non-compliance with applicable provisions.
c)
Represents an operational risk for the sufficiency and effectiveness of the technological infrastructure that supports the critical processes determined in accordance with the business impact analysis referred to in Annex 18 of these provisions.
IV.
Review, at least once a year, that it has mechanisms to preserve the integrity, confidentiality, and availability of information, that prevent its alteration and comply with the objectives for which they were implemented or designed. Likewise, review the technological infrastructure to identify potential failures and verify that it generates sufficient, consistent information that flows appropriately.
V.
Ensure the quality, sufficiency, and timeliness of financial information, as well as that it is reliable for adequate decision-making, and that such information is provided to the competent authorities within the deadlines and in the form established in the applicable provisions.
VI.
Value the effectiveness of internal control procedures to prevent and detect acts or operations with resources, rights, or goods, that proceed or represent the product of a probable crime, as well as communicate the results to the competent instances within the brokerage house.
VII.
Facilitate to the competent financial authorities, as well as to external auditors, the necessary information available due to their functions, so that these determine the timeliness and scope of the procedures followed by the area itself responsible for performing internal audit functions and can carry out their analysis for the corresponding effects.
VIII.
Verify that the organizational structure authorized by the board of administration maintains the independence of the different functions that require it, as well as the effective segregation of functions and exercise of powers attributed to each unit of the brokerage house.
IX.
Verify that the comprehensive risk management unit follows up on the compliance with limits in the assumption of risks when carrying out operations, as well as with the defined tolerance levels, in the case of non-discretionary risks, in accordance with applicable legal provisions and the policies established by the brokerage house.
X.
Provide the audit committee with the elements that allow it to comply with what is established in fraction VIII of Article 117 Bis of these provisions.
XI.
Follow up on deficiencies or deviations detected in relation to the operation of the brokerage house, as well as, in its case, on how they were remedied, informing the audit committee at the next immediate session, for which it must prepare a specific and detailed report.
XII.
Present for approval by the audit committee, the annual work program referred to in fraction X of Article 117 Bis of these provisions.
XIII.
Provide the audit committee with the management reports prepared by the person responsible for the internal comptrollership functions referred to in the penultimate and last paragraph of Article 117 Bis 13 of these provisions.
Brokerage houses, in the preparation of the annual program referred to in the previous fraction XII, must incorporate the follow-up on the corrective actions and measures instructed by the Commission in the exercise of its inspection and surveillance powers. Said program, once approved, must be presented to the Commission at the latest during the first quarter of the year of its application.
Article 117 Bis 4.- The person responsible for the internal audit area will perform the functions indicated in Articles 117 Bis 2 and 117 Bis 3 above, observing the applicable legal provisions for the operations of the brokerage house and taking into account the corresponding manuals.
The person responsible for the internal audit functions will inform in writing the result of their management to the audit committee at least quarterly or with a higher frequency when so established by said committee. This, without prejudice to making known to it, immediately, any deficiency or deviation identified in the exercise of their functions and that, according to the internal control system, is considered significant or relevant. Additionally, such reports will be delivered to the general management and other units of the brokerage house, when deemed appropriate due to the nature of the detected problem.
Article 117 Bis 5- Subsidiaries of brokerage houses or brokerage houses whose control is held by a foreign financial entity established in countries whose financial authorities have a cooperation and information exchange agreement with Mexican financial authorities, may assign the internal audit function to the area that performs said function in the institution or foreign financial entity that controls them, provided they adhere to what is established in this chapter and notify the Commission in advance, but in any case, a liaison person must be designated.
Article 117 Bis 6.- The area responsible for performing internal audit functions must have documented procedures for the development of its functions, contemplating at least, the following aspects:
I.
The periodicity with which audits will be carried out in each area, taking into account the type of review performed.
II.
The maximum deadline for the realization of the audit, according to its type.
III.
The procedures and methodologies to carry out the audit, as well as the follow-up of corrective and preventive measures implemented, as a consequence of deviations in the internal control system detected.
IV.
The rotation of audit personnel, according to the areas subject to review, in order to preserve their independence.
V.
The minimum characteristics of the reports according to the scope and type of audit performed.
VI.
The documentation of progress and deviations in the execution of each particular review.
VII.
The maximum deadline for issuing the corresponding report once the audit has been completed.
Sixth Section
On General Management
Article 117 Bis 7.- General management shall be responsible for the proper implementation of the internal control system; this, within the scope of the functions corresponding to said management.
In the implementation, care must be taken to ensure that its operation is consistent with the strategies and objectives of the brokerage house, for which it may apply the necessary preventive and corrective measures to remedy any detected deficiencies.
To this effect, in addition to what is stated in these provisions, general management must foresee the measures it deems necessary so that the activities and services of the brokerage house and the internal control system are congruent with each other, developing, among others, the following activities:
I.
Draft, review, and, if applicable, update or propose updates to the objectives and guidelines of the internal control system, in accordance with what is established in Article 106 of these provisions, the brokerage house's code of conduct, as well as the business continuity plan, to be submitted for consideration by the audit committee and subsequent presentation to the board of directors of the brokerage house, at least once a year or with greater frequency as determined for this purpose by the board of directors itself.
II.
Draft, review, and, if applicable, update or propose updates to the brokerage house's manuals, defining the areas or personnel responsible for the respective activities.
III.
Identify and evaluate internal and external factors that may affect the achievement of the strategies and objectives established by the brokerage house itself.
IV.
Design, for approval by the board of directors, the organizational structure of the brokerage house and its modifications, observing for this purpose the general policies in this matter drafted by the general manager and subject to the consideration of the audit committee, as referenced in fraction V of Article 106 of these provisions. To this effect, said structure must contemplate, at a minimum, the following aspects:
a)
The general or specific powers granted to personnel, preserving adequate segregation and delegation of functions, by product line, type of operation, amount, hierarchical level, areas, business or administrative units, and committees, among other classification criteria, as well as their restrictions.
b)
The definition of areas and hierarchical levels of the brokerage house's personnel, ensuring that their responsibilities are consistent with their powers.
c)
The delimitation of powers among personnel who authorize, execute, supervise, evaluate, record, and account for transactions, avoiding concentration in the same person and a possible conflict of interest.
d)
The general description of the internal oversight functions referred to in Article 117 Bis 12 of these provisions, indicating the structure and general characteristics for the development of said functions, as well as the measures established to prevent conflicts of interest in their performance.
V.
Determine the communication channels and information flow between the different units and areas of the brokerage house, which shall have as their objective, at least, the following:
a)
Generate financial, economic, accounting, legal, and administrative information of the brokerage house, as well as that related to the monitoring of financial markets, relevant for decision-making. Such information must be formulated in such a way as to facilitate its use and permanent update.
b)
Provide information in a timely manner to the relevant personnel according to their hierarchical level and powers.
c)
Process, use, and conserve information related to each transaction, with sufficient detail; using security mechanisms that allow consultation only by authorized personnel and limit modification.
VI.
Provide mechanisms so that the various activities in the brokerage house are carried out by personnel who have the necessary technical quality and experience, as well as integrity, for which it must periodically evaluate personnel, with the exception of the person responsible for internal audit functions and what is provided in subsection c), fraction VIII, of Article 117 Bis of these provisions.
VII.
Provide information to the competent financial authorities in a timely and proper manner, in accordance with what is established in the applicable legal provisions.
VIII.
Provide all areas of the brokerage house with the objectives of the internal control system and the guidelines for its implementation and the manuals according to their scope of competence, as well as disseminate them in a timely manner.
IX.
Draft annual programs for verifying compliance by the brokerage house's areas with the internal control system, as well as with the policies and procedures in internal control matters established in the various manuals. Such programs must be implemented by the person responsible for internal oversight functions.
X.
Ensure the integrity and proper maintenance of technological infrastructure, the unalterability, confidentiality, and availability of information processed, stored, and transmitted by it, determining information backup mechanisms in case of fortuitous events or force majeure, as well as contingency plans that ensure the continuity of the brokerage house's operations.
XI.
Establish controls to prevent third parties or brokerage house personnel from using the latter for the commission of illegal acts or irregularities.
XII.
Ensure that procedures, organizational structures, and information security policies appropriate to the brokerage house are observed.
XIII.
Verify that only institutional investors or qualified to participate in restricted public offerings participate in restricted public offerings.
XIV.
Draft, document, and implement the necessary policies and procedures so that the technological infrastructure used by the brokerage house to carry out its processes and provide services complies with the following:
a)
Each element of the technological infrastructure performs at all times the functions for which it was designed, developed, or acquired.
b)
Include controls that allow equitable and timely access for all its clients in accordance with what each of them will do in the computer systems to which they have access.
c)
Have documented processes, functionalities, and configurations, including their development or acquisition methodology, as well as the record of their changes and the inventory of all elements of the technological infrastructure.
d)
Incorporate information security aspects and a project control mechanism for each element of the technological infrastructure during the various stages of the life cycle, considering the elaboration of requirements, design, development or acquisition, implementation testing, release processes, periodic testing, change management, replacement, and destruction of information. Regarding communication elements and computer equipment, said security aspects must include, at least:
i)
Logical and physical segregation of different networks in different domains depending on the function they perform or the type of data transmitted.
ii)
Secure configuration according to the type of element, considering at least, ports, services, permissions, access lists, manufacturer updates, and factory configuration.
e)
That each element of the technological infrastructure is tested before being implemented or when modified, using quality control mechanisms that avoid the use of real production environment data in such tests, the disclosure of sensitive or security information, or the introduction of any unrecognized functionality for said element.
f)
Have the necessary licenses or usage authorizations.
g)
Contain strict security measures for the access and use of information that is transmitted, stored, and processed in the technological infrastructure, considering at least the following:
i)
Identification and authentication mechanisms for all and each of the users of the brokerage house's technological infrastructure, which allow them to be recognized unequivocally and ensure access only to persons expressly authorized for this purpose. Both mechanisms must include specific controls for those users with greater privileges, derived from their functions, such as those of database and operating system administration.
ii)
User profiles that limit access only to the functionality of the technological infrastructure and required information, based on the responsibilities and powers of each user's position.
iii)
Information encryption mechanisms according to the degree of sensitivity determined by the brokerage house, when such information is transmitted or stored.
iv)
Robust composition of passwords and access keys.
v)
Control of unattended sessions, as well as simultaneous sessions with the same user identifier.
vi)
Security mechanisms, both physical and environmental and electrical energy, that protect and allow operation in accordance with the specifications of the provider, manufacturer, or developer of each element of the brokerage house's technological infrastructure.
h)
Minimize the risk of operational interruption based on backup mechanisms and information recovery procedures, as well as of the technological infrastructure and alternate means for information exchange in accordance with what is provided in Article 117 Bis 9 of these provisions.
i)
Maintain audit logs, including detailed information of accesses and the operation or activity carried out by users, which avoid repudiation, regardless of the level of privileges they have for accessing, generating, or modifying the information they receive, generate, store, or transmit in each element of the technological infrastructure, as well as procedures for the periodic review of said records.
j)
Contemplate the performance of tests aimed at detecting vulnerabilities and threats, as well as penetration in the different elements of its technological infrastructure in order to implement defense mechanisms that prevent unauthorized access and use of this. Such tests will be carried out at least once a year or when substantive modifications are made to any element of the technological infrastructure.
k)
Contain reaction and security incident management processes that ensure the detection, classification, attention, investigation, diagnosis, reporting to competent hierarchical levels, solution, follow-up, and communication of said incidents.
l)
Have planning exercises that allow measuring the capacity of the technological infrastructure supporting its operation, defined by the brokerage houses, as well as that they adhere to the results of said exercises regarding capacity increase needs.
m)
Contemplate automated controls that minimize the risk of user personnel committing errors or omissions in the manual or semi-automated processes they must perform in the applications of the technological infrastructure.
n)
Allow the detection of alteration or falsification of records in the technological infrastructure.
o)
Implement mechanisms that measure and ensure levels of availability and response times, which guarantee the execution of operations and services performed.
XV.
Implement the necessary mechanisms to carry out the activities referred to in Article 171 of the Law that have been authorized to the brokerage house, without putting its economic value, the confidentiality of information, and the continuity of its operations at risk. The mechanisms referred to in this paragraph must, at least:
a)
Safeguard assets owned by the brokerage house.
b)
Ensure that the brokerage house's information is accurate, complete, and timely, as well as that information systems contribute to effective decision-making, evaluating, recording, and documenting assets, liabilities, results, and off-balance sheet operations.
c)
Avoid and prevent potential conflicts of interest between the different units of the brokerage house, including those that avoid conflicts of interest when operating the proprietary account, the third-party account, and the provision of market-making services in terms of these provisions.
d)
Ensure that all transactions are approved, processed, and recorded correctly.
e)
Contemplate the necessary measures to prevent and detect in the brokerage house, acts or operations with resources, rights, or goods that proceed or represent the product of a probable crime.
f)
Protect the integrity of computer systems, their proper maintenance, backup, and information recovery.
g)
Comply with the preceding fraction XIII.
XVI.
Apply the corrective and preventive measures determined by the board of directors or the audit committee, related to deficiencies or deviations of the internal control system.
XVI.
Issue the necessary measures so that in the handling of information related to the brokerage house's clients, the provisions regarding brokerage secrecy are observed.
XVII.
Designate the area or person responsible for internal oversight functions.
Likewise, the general director of the brokerage houses shall be in charge of drafting and presenting to the audit committee for its evaluation and subsequent approval by the board of directors, the policies for the adequate employment and use of the human and material resources of the brokerage house.
The general director shall report in writing, at least annually, to the board of directors and the audit committee, on the performance of the activities referred to in this article, as well as on the functioning of the internal control system as a whole.
Article 117 Bis 8.- Brokerage houses must have an Information Security Officer designated by the general manager who must enjoy independence with respect to the brokerage house's operational, administrative, audit, and systems areas. The Information Security Officer must report their functions to the person or area to which the internal oversight functions are assigned, and shall carry out the following activities:
I.
Authorize and supervise access to the brokerage house's computer systems, including those used to access stored, processed, or transmitted information.
II.
Participate in the definition of the security policies and procedures indicated in Article 117 Bis 7, fraction XIV of these provisions.
III.
Review, at least quarterly or earlier in case of security events or incidents, the activities carried out by users and by service providers in the different elements of the brokerage house's technological infrastructure, including technical personnel with high privileges, such as operating system and database administrators.
IV.
Verify the implementation and continuous compliance of information security policies and procedures in the brokerage house's technological infrastructure, contemplating, at least, those included in Article 117 Bis 7, fraction XIV of these provisions.
V.
Review compliance with what is stated in Article 117 Bis 12, fractions III and VI of these provisions.
Brokerage houses must ensure that the Information Security Officer has at their disposal the records of persons who have access to information related to the operations in which the brokerage house itself intervenes, including those located abroad and of users who have high privileges, such as operating system and database administration, as well as their service providers.
Brokerage houses that belong to a financial group subject to the supervision of the Commission, or that are part of consortia or business groups that have a financial entity subject to the supervision of the Commission, may assign the functions of the Information Security Officer to the person performing such activities in the financial entity supervised by the Commission, provided that such person is independent of the brokerage house's operational, administrative, audit, and systems areas.
Article 117 Bis 9.- General management must draft the business continuity plan observing for this purpose what is established in Annex 18 of these provisions; said plan and its modifications will be presented for approval by the board of directors through the audit committee.
The general director shall be responsible for:
I.
The implementation, as well as the continuous update and dissemination of the business continuity plan within the brokerage house. To this effect, it must establish a program to train personnel on the actions they will take in the event of an operational contingency, as well as during the development of the plan itself.
II.
Design and carry out a communication policy regarding the verification of operational contingencies, which must be part of the business continuity plan. Such policy must provide for immediate communication with its clients and the general public, with securities central counterparties, and with the different administrative and business units within the brokerage house itself, as well as with the Commission and other competent authorities in attention to the nature of the contingency in question.
III.
Foresee what is necessary to make the Commission aware of operational contingencies that occur in any of its systems or channels of attention to its clients, authorities, and securities central counterparties.
In the notice referred to in this fraction, at least the date and time of the start of the operational contingency, the indication of whether it continues or has concluded and its duration, as well as a description of the event that has been registered, must be indicated.
Likewise, the general director must send to the Commission, within a period not exceeding fifteen calendar days following the conclusion of the operational contingency, the description of said contingency, an analysis of the causes that motivated it, the impact caused in qualitative and quantitative terms, the affected processes, systems, and channels, as well as a work plan indicating the detail of the actions that will be implemented to minimize the impact in subsequent similar situations and the dates on which each of them will be fulfilled.
IV.
Ensure that the business continuity plan is subjected to effectiveness tests at least once a year, in which participants in the securities market related to each of the processes to be evaluated are included, and its personnel are made aware of it. Likewise, it must ratify it in its terms or update it, at least once a year, in accordance with what is determined for this purpose by the board of directors itself or as a result of the effectiveness tests.
In any case, for the performance of the responsibilities referred to in this article, the general director may be assisted by the personnel it determines, in which case it must make it known to the Commission within a period not exceeding five business days from its designation, maintaining at all times adequate segregation of functions that avoids conflict of interest.
Article 117 Bis 10.- In the event that sensitive information in the custody of the brokerage house or of third parties providing services to it is extracted, lost, or if the brokerage houses suspect the commission of any act involving unauthorized access to such information, the general director or the personnel designated by him must:
I.
Send in writing to the Commission within five calendar days following the event in question or, when having knowledge of the above, the information contained in Annex 19 of these provisions.
II.
Carry out an immediate investigation into the causes that generated the materialization of the extraction or loss event or, in its case, of unauthorized access to sensitive information, and regarding whether the information has been or may be misused. The result or progress of said investigation must be sent to the Commission within a period not exceeding three months following the occurrence of the event, and must include the measures the brokerage house will adopt to prevent said event from recurring.
III.
Notify the client of the possible extraction, loss, or unauthorized access to their information, within the following three business days after the event occurred or was known, through the notification means indicated by the client themselves for this purpose, in order to warn them of the risks derived from the misuse of the information that has been extracted, lost, or compromised, informing them of the measures they must take.
IV.
Inform the brokerage house's audit and risk committees in the next session following the verification of the incident in question, in order to adopt the measures conducive to preventing or avoiding their recurrence.
Article 117 Bis 11.- The general director of the brokerage house shall inform in writing to the Commission of the hiring and, if applicable, the removal of the external auditor, the person responsible for internal audit functions, and the area or person to whom internal oversight functions are assigned, indicating the reasons that motivated said removal.
Seventh Section
On Internal Oversight Functions
Article 117 Bis 12.- The area or person to which the general director assigns internal oversight functions shall develop functions consisting, at least, in the daily and permanent performance of activities related to the design, establishment, and updating of measures and controls to which the business and administrative areas of the brokerage house will be subject. These functions will include those that:
I.
Promote compliance with internal and external regulations applicable to the brokerage house in the execution of its operations.
II.
Ensure that the negotiation, documentation, daily registration, and settlement of transactions or operations are carried out in accordance with the policies and procedures established in the brokerage house's manuals and in compliance with applicable legal provisions.
III.
Promote the correct functioning of the technological infrastructure in accordance with security policies, using the assistance of the information security officer for this purpose.
IV.
Promote the preparation of complete, correct, precise, integral, reliable, and timely information, including that which must be provided to competent authorities in accordance with applicable legal provisions, and which contributes to adequate decision-making.
V.
Have as their purpose to verify that the reconciliation processes between operational and accounting systems are adequate.
VI.
Preserve the security of information generated, received, transmitted, processed, or stored in the technological infrastructure of brokerage houses, as well as the application of necessary preventive and corrective measures to remedy any deficiencies detected in information security matters, using the assistance of the information security officer for this purpose.
VII.
Ensure that the execution of operations is consistent with the strategies and purposes of the brokerage house.
VIII.
Ensure that the various activities of the brokerage house are carried out in accordance with the functions, responsibilities, authorizations, and powers granted.
IX.
Verify compliance with the duty of best execution, as well as the factors for its execution referred to in Article 76 Bis of these provisions.
X.
Allow the implementation of the annual verification programs referred to in Article 117 Bis 7, fraction IX of these provisions, and must prepare a report containing the corresponding results.
XI.
Ensure compliance with the functions of the information security officer contained in Article 117 Bis 8 of these provisions.
Article 117 Bis 13.- The area or person to whom the general manager assigns the functions of internal comptroller must depend hierarchically on the general manager. Under no circumstances shall the functions of internal comptroller be attributed to personnel belonging to the area responsible for carrying out the functions of internal audit referred to in Article 117 Bis 2 of these provisions, or to persons or units that represent a conflict of interest for their adequate performance, and must be independent of the areas or persons carrying out business and administrative activities of the brokerage house. In any case, the area or person referred to in this article may be the same person responsible for monitoring compliance with the "General Provisions Applicable to Financial Entities and Other Persons Providing Investment Services," published in the Official Journal of the Federation on January 9, 2015, and its respective modifications. The aforementioned internal comptroller functions, as well as their assignment within the brokerage house, must be documented in manuals.
In the event that the brokerage house belongs to a financial group in which there is also a multiple banking institution, the functions of internal comptroller may be performed by an area that performs functions of the same type as the multiple banking institution in question, provided that in the development of these functions there is the participation of a representative of the brokerage house. Such representative must be independent of the areas carrying out business and administrative activities of the brokerage house.
The personnel assigned the functions of internal comptroller must deliver a report on the results of their reviews at least quarterly to the board of directors, the person responsible for the internal audit area, as well as to the general manager, and keep said report available to the comprehensive risk management unit, the external auditor, as well as, if applicable, the person responsible for monitoring compliance with the "General Provisions Applicable to Financial Entities and Other Persons Providing Investment Services," published in the Official Journal of the Federation on January 9, 2015, and its respective modifications, and to competent authorities. This is understood to mean that each area or person will be responsible for complying with the communication and coordination mechanisms established. In their case, the report referred to in Article 22 of the "General Provisions Applicable to Financial Entities and Other Persons Providing Investment Services," published in the Official Journal of the Federation on January 9, 2015, and its respective modifications, will also be available to the personnel assigned the functions of internal comptroller.
In any case, the area or person to whom the functions of internal comptroller have been delegated must report immediately to the board of directors, the audit committee, the person responsible for internal audit, as well as to the general manager, the detection of any deficiency or deviation that in the exercise of their functions they consider significant and relevant, including activities in which they detect a potential conflict of interest.
Article 117 Bis 14.- The area or person to whom the general management assigns the functions of internal comptroller must observe what is established in Articles 117 Bis 12 and 117 Bis 13 above, without prejudice to the other functions entrusted to said area in these provisions.
Eighth Section Final Provisions
Article 117 Bis 15.- Brokerage houses must document in manuals the policies and procedures related to the operations inherent to their purpose, which must be consistent with the objectives and guidelines of the internal control system, as well as describe the internal comptroller functions of the brokerage house.
The objectives of the internal control system and the guidelines for its implementation, as well as their modifications, along with the manuals referred to in the previous paragraph, must be made known to the counselors, executives, employees, and personnel of the brokerage houses, according to their scope of competence, and will be the basis for its operation.
Article 117 Bis 16.- The code of conduct, if any, prepared by the general management and which the audit committee will propose for approval by the board of directors, will establish a self-regulatory framework that governs the conduct of executives and other personnel within the brokerage house, with other entities, and with clients, as well as the conduct of their counselors in accordance with the activities and functions of the latter.
Brokerage houses must make known to their counselors, executives, and other personnel the code of conduct that they issue, if any, in addition to communicating to persons related to their operation that the conduct of said personnel is governed by the aforementioned code.
The code of conduct and its modifications must be presented to the Commission no later than ten business days after its approval by the board of directors of the brokerage houses.
Article 117 Bis 17.- The powers that, according to what is provided in these provisions, correspond to the board of directors, the auditors, the audit committee, and the general manager, will be exercised without prejudice to others contained in the other legal provisions applicable to brokerage houses."
" Article 120 Bis 2.- . . .
I. to IV.
. . .
Brokerage houses may only allow their clients, prior to their identification, the use of electronic means, when they have the express and written consent, granted by autograph signature, or by advanced or reliable electronic signature of their clients, prior to the first use of said means, provided that these are subject to what is established in the Code of Commerce for these effects.
. . . "
" Article 121.- . . .
Brokerage houses must provide what is necessary so that the risk positions of their financial subsidiaries comply with what is provided in this chapter. Regarding investments made in investment funds, brokerage houses will consider as assets subject to risk, the investments they maintain in the variable part of the social capital of the aforementioned funds, regardless of whether these have or do not have the character of financial subsidiaries.
. . .
I. to VIII.
. . . "
" Article 125.-
. . .
I to VI.
. . .
VII.
Provide for the measures deemed necessary so that comprehensive risk management and the internal control system are consistent with each other. "
" Article 127.-
. . .
I to VII.
. . .
VIII.
Inform the board of directors, at least once a year, about the results of the operational tests of the business continuity plan.
IX.
Approve the methodologies for estimating the quantitative and qualitative impacts of operational contingencies referred to in fraction XI of Article 130 of these provisions.
. . . "
" Article 130 .- . . .
I to IX.
. . .
X.
Propose action plans to restore the operation of the brokerage house in business processes classified as critical according to the business impact analysis referred to in fraction I of Annex 18 of these provisions, including the business continuity plan.
XI.
Define and present for approval by the risk committee the methodologies to estimate the quantitative and qualitative impacts of operational contingencies, for use in the impact analysis referred to in fraction I of Annex 18, as well as in the evaluation referred to in subsection c), fraction I, of Article 142 of these provisions. For such purposes, the comprehensive risk management unit may be assisted by other areas of the brokerage house that are specialists in the matter.
The effectiveness of the methodologies must be verified annually by comparing their estimates against operational contingencies actually observed, and, if applicable, necessary corrections will be carried out, and the result of such comparison must be presented to the risk committee. "
" Section C On Internal Risk Audit
Article 132.- The area responsible for carrying out the functions of independent internal audit referred to in Article 117 Bis 2 of these provisions must have specialized personnel in risk management matters, in order to ensure that said area can carry out, at least once a year or at the close of each fiscal year, an audit of comprehensive risk management that contemplates, among others, the following aspects:
I. to VII.
. . .
VIII.
The adequate development of the internal comptroller functions referred to in Article 117 Bis 12 of these provisions.
. . . "
Article 133.-
. . .
. . .
The Commission may order, before the end of the aforementioned two-fiscal-year period, the carrying out of an evaluation that meets the requirements contained in Annex 1 of these provisions, when in the judgment of the Commission itself, there are significant changes in the processes and practices of comprehensive risk management of the brokerage house or in case a deterioration in the financial stability, solvency, and liquidity of the brokerage house is observed, in accordance with what is provided in Article 5, seventh paragraph of the Law of the National Banking and Securities Commission.
" Article 134 .- . . .
I. to VIII.
. . .
IX.
The action and contingency plans to restore the operation of the brokerage house in business processes classified as critical according to the business impact analysis referred to in fraction I of Annex 18 of these provisions, in the event of operational contingencies, including the business continuity plan.
X.
. . .
. . .
. . . "
" Article 142 .- . . .
. . .
I.
. . .
II.
. . .
a)
. . .
b)
. . .
. . .
Establish and implement policies and procedures for the classification of information and its treatment, according to the degree of risk to which said information is exposed, which will be determined by each of the operational areas of the brokerage house. Such classification must be used to evaluate and implement the necessary controls in the technological infrastructure and in operational processes, in order to ensure the confidentiality, integrity, and availability of the information of the brokerage house and its clients.
c)
. . .
III.
. . .
. . . "
" Article 145.- Repealed. "
" Article 157.- The net capital requirements for exposure to market risk from RM-6 group operations will not include investments in shares of financial entities in the country and abroad; shares of investment fund operating companies; shares of companies that provide services to them or whose purpose is to assist or complement the activities carried out by brokerage houses; as well as in other types of shares that must be subtracted from paid-in social capital and capital reserves when determining the fundamental capital referred to in Article 162 Bis of these provisions.
I. to V.
. . . "
" Article 160.-
. . .
I and II.
. . .
III.
. . .
Investments in securities or titles issued by financial entities in their capacity as fiduciaries will count in Group RC-3; however, those securities or titles guaranteed totally or partially will count the guaranteed part in the group to which the guarantor corresponds and the unguaranteed part in Group RC-3. Regarding investments in real estate, development, or indexed fiduciary exchange certificates whose resources are destined to grant credits or invest in financing where there is no information to determine the capital requirement of said underlying assets, a weight of 1,250 percent of the position will be applied.
IV. and V.
. . .
. . .
. . . "
Article 169 Bis 2.-
. . .
I.
. . .
II.
. . .
a)
. . .
b)
The remunerations of the persons subject to the remuneration system in charge of comprehensive risk management and internal control areas will be established in such a way that, if applicable, the ratio resulting from dividing extraordinary remunerations by ordinary remunerations is less than the respective ratio of employees assigned to business areas. In this case, brokerage houses must determine that the payment of extraordinary remunerations to the persons referred to in this subsection must be based on the achievement of the objectives of the referred risk and internal control areas.
. . .
III.
. . .
IV.
. . . "
" Article 169 Bis 5.-
. . .
Brokerage houses must inform the Commission about the modifications they make to the remuneration system. "
" Article 169 Bis 11.- The audit committee, in addition to what is stated in Articles 116, 117, and 117 Bis of these provisions, must inform the board of directors, at least once a year, about the consistency in the application of the remuneration system of the brokerage house in question. The report must contain as a minimum the following:
I. to III.
. . .
. . . "
" Article 174.- . . .
. . .
I.
Securities registered in the Registry or foreign securities with direct or promoted recognition in accordance with the "General Provisions Applicable to International Quotation Systems," published in the Official Journal of the Federation on December 22, 2016, and its respective modifications.
II. and III.
. . . "
" Article 201.- Brokerage houses must provide the Commission, with the periodicity established in the following articles, the financial information attached to these provisions as Annex 9, which is identified with the series and types of reports listed below:
Series R01 Minimum Catalog A-0111 Minimum Catalog Series R03 Investments in Securities E-0304 Allocations E-0305 Orders Series R05 Accounts Receivable A-0511 Accounts Receivable B-0521 Disaggregated Accounts Receivable Series R07 Deferred Taxes A-0711 Deferred Taxes Series R10 Reclassifications A-1011 Reclassifications in the balance sheet A-1012 Reclassifications in the income statement Series R12 Consolidation A-1219 Consolidation of the balance sheet of the brokerage house with its subsidiaries A-1220 Consolidation of the income statement of the brokerage house with its subsidiaries Series R13 Financial Statements A-1311 Statement of changes in the equity capital of the brokerage house A-1316 Cash flow statement of the brokerage house B-1321 Balance sheet of the brokerage house B-1322 Income statement of the brokerage house Series R14 Qualitative Information A-1413 Number of accounts A-1414 Number of employees Series R18 Accounts Payable A-1811 Other accounts payable B-1821 Disaggregated diverse creditors and other accounts payable
Brokerage houses will require prior authorization from the Commission for the opening of new concepts or levels that are not contemplated in the corresponding series, exclusively for the sending of information of new operations that are authorized for this effect by the Secretariat, in terms of the relevant legislation. Likewise, in case that due to changes in applicable regulations, it is necessary to establish additional concepts or levels beyond those provided in these provisions, the Commission will make known to the brokerage houses the opening of the respective new concepts or levels.
In the two cases provided for in the previous paragraph, the Commission through the Interinstitutional Information Transfer System (SITI) will notify the brokerage houses of the registration and sending mechanism for the corresponding information.
Article 202.- . . .
I. and II.
. . .
III.
Daily, the information related to series R03 in the following way:
a)
With respect to report E-0304, on the settlement date of operations with securities carried out in the electronic trading systems of the stock exchanges.
b)
With respect to report E-0305, the orders derived from the instructions they receive from their clients on the same day that said orders were entered into the brokerage house's reception and assignment system, and with respect to the positions that are sent to the electronic trading system of the stock exchanges on the same day that they are transmitted.
Last paragraph.- Repealed. "
" Article 204.- Brokerage houses, unless expressly provided otherwise, must send to the Commission the information mentioned in this title, by electronic transmission, using the SITI. In case there is no information for any report, brokerage houses must perform the empty sending, a functionality that is available in said system.
The information must comply with the validations established in the SITI, as well as the quality standards indicated by the Commission through said system, and there must be consistency between the information that brokerage houses include in one or more regulatory reports referred to in Article 202 of these provisions, even if they are at a different level of integration. Likewise, the information must be sent only once and will be received assuming it meets all required characteristics, for which reason it cannot be modified, generating an electronic receipt from the SITI.
Once the information is received, it will be reviewed, and if it does not meet the required quality and characteristics or is presented incomplete or outside the established deadline, the obligation to present it will be considered unfulfilled, and consequently, the corresponding sanctions will be imposed.
Brokerage houses will notify by electronic sending to the address "cesiti@cnbv.gob.mx" the name of the person responsible for the quality and sending of the information referred to in this title, in the manner indicated in Annex 10 of these provisions. The designation of the person responsible for information quality must fall on executives who are within the two hierarchies below the general manager of the brokerage house, who have responsibility for the handling of the information. Likewise, they may designate more than one person as responsible for sending the information, depending on the type of information in question.
Brokerage houses may request new user keys or access to regulatory reports in the SITI, by electronic sending to the address "cesiti@cnbv.gob.mx" in the same manner as indicated in Annex 10 of these provisions.
Once the email referred to in this article is sent, the Commission will notify the brokerage houses by said means, within five business days following the receipt of the request, the confirmation of the registration of the corresponding responsible person, as well as, if applicable, the access of the users of the requested regulatory reports.
The notification or substitution of any of the persons responsible for the sending and quality of the information referred to in this article must be notified to the Commission under the terms mentioned above, within three business days following their designation or substitution. "
" Article 206.- . . .
I. to V.
. . .
VI.
Establish that the general manager, the audit committee, as well as the person responsible for audit functions and the person responsible for internal comptroller functions, according to their competencies, contribute to the compliance of mechanisms for the adequate handling, control, and security of information generated, received, transmitted, processed, or stored in the execution of services related to the use of technological, telecommunications, or information processing infrastructure, carried out partially or totally outside the national territory.
. . .
Last paragraph.- Repealed. "
" Article 206 Bis 5.- Brokerage houses must have a registry of service providers which must include, at least, the following information:
I.
. . ."
Name, denomination or corporate name of the service provider.
II.
Names of the administrators of the service provider or, if applicable, the legal representative, designated by the latter to attend to any matter related to the contract in question.
III.
Description of the service, operational process or systems contracted with the third party, including the data or information that, if applicable, are stored or processed by the latter.
IV.
If applicable, the name of the system that supports the operational process or for the administration of databases, contracted with the third party, as well as the interfaces with other systems and the purpose of these, including the detail of the information exchanged.
V.
Complete address where the process is carried out and where the personnel responsible for carrying it out are located.
VI.
If applicable, the complete address of the main data center where the equipment of the contracted system is located.
VII.
If applicable, the complete address of the alternate data center where the equipment of processing is located, in case of recovery of the contracted computer system.
VIII.
If applicable, the date of the notice presented to the Commission by the brokerage house.
IX.
Number and date of the letter with which the approval of the contracted service was granted, if applicable.
Brokerage houses must prepare an annual report detailing the results of the reviews carried out by the brokerage house in accordance with the procedures it has developed, and which form part of the internal control system of the brokerage house, to ensure that service providers or commission agents guaranteed the continuity of the service with adequate levels of performance, reliability, capacity, security, maintenance, integrity and with quality standards consistent with the requirements of their needs, which must be kept available to the Commission when it so requires. "
" Article 212 Bis.- . . .
. . .
Third paragraph.- Repealed.
The provisions of this article will be without prejudice to the fact that the referred brokerage houses may exercise the options provided for in articles 117 Bis 3, 117 Bis 5, 126, last paragraph, and 129, last paragraph of these provisions.
. . .
. . .
Article 212 Bis 1.- Brokerage houses are obliged to take the appropriate actions so that their clients can terminate the brokerage intermediation contracts they have entered into with the own brokerage houses, through a written statement in which they manifest their will to terminate the legal relationship with that entity. Clients may at any time enter into such contracts with another brokerage house or with some intermediary of the securities market that provides them with portfolio administration services on behalf and for the account of third parties, in accordance with applicable laws. In these cases, the provisions of the second paragraph of this article regarding the deadlines to transfer the respective securities and resources and to terminate the contractual relationship once the client's request is received will apply.
Clients may agree with any brokerage house or securities market intermediary with which they decide to enter into a brokerage intermediation contract or a portfolio administration contract on behalf of third parties, that these carry out the necessary procedures to terminate the contract they have entered into with a brokerage house. The brokerage house with which the client has decided to terminate the contract, will be obliged to inform the brokerage house or securities market intermediary in charge of carrying out the respective termination procedures, of all the necessary information for this purpose.
Likewise, they will be obliged to transfer the securities at the average acquisition cost of each of them and the corresponding resources subject to the contract to the account in the name of the client or clients at the brokerage house or securities market intermediary requesting it, as indicated by them, and to terminate the contract within fifteen business days. For these purposes, the communication that the requesting brokerage house or securities market intermediary sends to them in the terms provided for in this article will suffice.
It will be the responsibility of the brokerage house requesting the transfer of securities and resources and the termination of the corresponding contract, to have the authorization of the client or clients in question for the performance of the acts provided for in this article.
If the client whose contract termination is requested objects to such termination or the transfer of resources or securities carried out for not having granted the respective authorization, the requesting brokerage house will be obliged to deliver the securities and resources in question to the original brokerage house within a period of ten business days. This is without prejudice to the payment of damages and losses caused to the client and of the applicable sanctions under this Law.
The requests, authorizations, instructions and communications referred to in this article may be carried out in writing by autograph signature or through the same mechanisms that were used to celebrate the brokerage intermediation contract, including electronic, optical or any other technology that the parties have previously agreed upon, as long as the legal act in question can be reliably proven.
Brokerage houses must make known through the brokerage intermediation contracts, the manner and terms in which clients can terminate the contractual relationship, including the procedure for the transfer of accounts to another brokerage house or securities market intermediary in accordance with what is provided for in this article. Additionally, brokerage houses may reveal what is provided for in this paragraph through informational brochures, their Internet page, as well as in the investment services guide referred to in the " General Provisions applicable to financial entities and other persons who provide investment services ", published on January 9, 2015 and its various modifications.
Article 212 Bis 2.- The board of directors, general manager, executives with the hierarchy immediately below that of the general manager, auditors and other corporate bodies of brokerage houses will be obliged to preserve evidence of compliance with the obligations that the Law and these provisions impose on them, in accordance with the deadlines established in the applicable legal and administrative provisions, as well as to the policies of the brokerage house itself. "
" Article 213.- Brokerage houses, without prejudice to what is provided in these provisions, will be subject, insofar as applicable, to the general provisions issued by the Commission, and if applicable, to their modifications, which are listed below:
I.
" Rules to which participants in the derivatives contracts market must adhere ", published in the Official Journal of the Federation on December 31, 1996 and their respective modifications.
II.
" Prudential provisions to which participants in the derivatives contracts market will be subject ", published in the Official Journal of the Federation on May 26, 1997 and their respective modifications.
III.
" General rules for the integration of files containing information that proves compliance with the requirements that persons performing jobs, positions or commissions in financial entities must satisfy ", published in the Official Journal of the Federation on March 1, 2002 and their respective modifications.
IV.
" General provisions applicable to stock operators and proxies of intermediaries of the securities market and investment advisors for the celebration of operations with the public ", published in the Official Journal of the Federation on June 27, 2002 and their respective modifications.
V.
" General provisions applicable to securities issuers and other participants in the securities market ", published in the Official Journal of the Federation on March 19, 2003 and their respective modifications.
VI.
" General provisions applicable to securities operations carried out by counselors, executives and employees of financial entities and other obligated persons ", published in the Official Journal of the Federation on November 4, 2014 and their respective modifications.
VII.
" General provisions applicable to the international quotation system ", published in the Official Journal of the Federation on December 22, 2016.
VIII.
" General provisions applicable to financial entities and other persons who provide investment services ", published in the Official Journal of the Federation on January 9 of 2015 and their respective modifications.
IX.
" General provisions that regulate self-correction programs ", published in the Official Journal of the Federation on October 20, 2014 and their respective modifications.
X.
" General provisions that indicate the days of the year, in which the financial entities subject to the supervision of the Commission ", must close their doors and suspend operations, published in the Official Journal of the Federation for each fiscal year.
XI.
The others issued by the Commission subsequent to these provisions, which are applicable to brokerage houses.
Additionally, brokerage houses that, in accordance with what is established in article 40, third paragraph of the Investment Funds Law, directly provide investment funds with share distribution services, must adjust to the general provisions issued in this matter by the Commission.
In all cases, brokerage houses in the performance of their activities and the provision of their services, will be obliged to comply with their manuals that, in accordance with these provisions, they must have. "
TRANSITORY PROVISIONS
FIRST.- This Resolution will enter into force 90 days after its publication in the Official Journal of the Federation, except for what is provided in the following transitory articles.
SECOND.- Brokerage houses will have the deadlines specified below, which must be counted from the publication of this instrument in the Official Journal of the Federation, to give compliance to the following provisions:
I.
Up to three months, to elaborate or, if applicable, modify the manuals, policies and procedures to which articles 15 Bis; 59; 87, last paragraph; 106, fraction IX; 117 Bis; 117 Bis 6; 117 Bis 13 and 117 Bis 15 refer, which are added to the " General Provisions applicable to Brokerage Houses " through this instrument, and submit them to the authorization of the National Banking and Securities Commission, as applicable.
The Commission will have a period of up to six months counted from the request that Brokerage houses make to approve the manuals, policies and procedures indicated in the previous paragraph.
II.
Up to six months, for the general manager of the brokerage houses to designate the person who will perform the role of information security officer in accordance with what is provided for by article 117 Bis 7, fraction XVII, which is reformed in the " General Provisions applicable to Brokerage Houses " through this instrument.
III.
Up to nine months, to adjust to what is provided for in articles 2, fraction III; 32; 33; 34; 36; 39; 42; 44; 45; 47; 50; 53; 56; 58; 59; 61; 62; 63; 65; 67; 68; 69; 69 Bis; 73; 74; 82; 84; 86; 87; 89; 91; 92; 105 to 117 Bis 17; 125; 132; 157; 160; 169 Bis 11 and 206 Bis 5, which are reformed in the " General Provisions applicable to Brokerage Houses " through this Resolution.
IV.
Up to twelve months, to:
a)
Comply with what is provided for in articles 10; 30 and 99, fourth paragraph, which are reformed in the " General Provisions applicable to Brokerage Houses " through this Resolution.
b)
Have mechanisms that allow them to maintain the records of the operations that point to Annex 12, fraction I, subsection e) of the " General Provisions applicable to Brokerage Houses " which is substituted through this instrument.
c)
For the general management to elaborate, document and implement the policies and procedures applicable to its technological infrastructure in terms of article 117 Bis 7, fraction XIV of the " General Provisions applicable to Brokerage Houses " that is added through this Resolution.
d)
To have a business continuity plan observing what is established in article 117 Bis 9 and to adjust to articles 130, fractions X and XI and 134, fraction IX of the " General Provisions applicable to Brokerage Houses " which are reformed through this instrument.
e)
To comply with the duty of best execution in terms of what is provided for in the present Resolution.
V.
Up to eighteen months, so that, in the administration of technological risk, they consider what is provided for in article 142, fraction II, subsection b), numeral 4) of the " General Provisions applicable to Brokerage Houses " which is reformed through this instrument.
THIRD.- Brokerage houses that, upon the entry into force of this instrument, have an independent counselor who performs the functions of the audit committee, will have a period of up to six months counted from the entry into force of this Resolution to constitute said committee in terms of what is provided for in article 113 of the " General Provisions applicable to Brokerage Houses " which is reformed through this Resolution.
FOURTH.- The modifications to the regulatory reports contained in Annex 9 which is substituted through this instrument, as well as the modifications to article 202, will enter into force six months after the publication of this instrument in the Official Journal of the Federation.
FIFTH.- Upon the entry into force of this Resolution, the " General Provisions applicable to Brokerage Houses in their securities operations " published in the Official Journal of the Federation on July 28, 2004 will be abrogated.
Respectfully, Mexico City, June 15, 2017.- The President of the National Banking and Securities Commission, Jaime González Aguadé.- Signature.
Annex 9
Brokerage Houses Regulatory Reports
Index
Series R01 Minimum Catalog
Periodicity
A-0111
Minimum Catalog
Monthly
Series R03 Investments in securities
E-0304
Allocations
Daily
E-0305
Orders
Daily
Series R05 Accounts receivable
A-0511
Accounts receivable
Monthly
B-0521
Disaggregation of accounts receivable
Monthly
Series R07 Deferred taxes
A-0711
Deferred taxes
Quarterly
Series R10 Reclassifications
A-1011
Reclassifications in the balance sheet
Monthly
A-1012
Reclassifications in the income statement
Monthly
Series R12 Consolidation
A-1219
Consolidation of the balance sheet of the brokerage house with its subsidiaries
Quarterly
A-1220
Consolidation of the income statement of the brokerage house with its Subsidiaries
Quarterly
Series R13 Financial statements
A-1311
Statement of changes in the equity capital of the brokerage house
Quarterly
A-1316
Cash flow statement of the brokerage house
Quarterly
B-1321
Balance sheet of the brokerage house
Monthly
B-1322
Income statement of the brokerage house
Monthly
Series R14 Qualitative information
A-1413
Number of accounts
Monthly
A-1414
Number of employees
Monthly
Series R18 Accounts Payable
A-1811
Other accounts payable
Monthly
B-1821
Disaggregation of various creditors and other accounts payable
Monthly
SERIES R01 MINIMUM CATALOG
This series is integrated by one (1) report, whose frequency of preparation and presentation must be monthly.
REPORT
A-0111
Minimum Catalog
In this report, the balances at the end of the period of all concepts that form part of the balance sheet and the income statement of the brokerage house are requested. The report is requested in two subtotals:
·
National currency, VSM and UDIs valued in pesos.
·
Foreign currency valued in pesos.
To fill out the regulatory report A-0111 Minimum Catalog, the following aspects must be taken into consideration:
In the report, the balances at the end of the period of the accounting concepts of the brokerage house must be presented without consolidation.
The balances of all concepts presented in the Minimum Catalog must match those provided in the rest of the regulatory reports, that is, for the case of the balances or amounts of the concepts of the Minimum Catalog denominated in national currency, they must match the sum of the balances of the concepts provided in the regulatory reports in national currency; while the balances or amounts of the concepts of the Minimum Catalog denominated in foreign currency valued in pesos, must match the sum of the balances of the concepts provided under the same currency (foreign currency valued in pesos).
CAPTURE FORMAT
Brokerage houses will carry out the sending of the information related to the report A-0111 Minimum catalog described above, by using the following capture format:
INFORMATION REQUESTED
SECTION REPORT IDENTIFIER
PERIOD
ENTITY KEY
SECTION FINANCIAL INFORMATION
CONCEPT
REPORT
CURRENCY
DATA
Brokerage houses will report the information indicated in this series adjusting to the characteristics and specifications for filling out and sending information presented in the Interinstitutional Information Transfer System (SITI) or in that which the National Banking and Securities Commission (CNBV) makes known in due course. The information must comply with the validations of the SITI, as well as the quality standards defined by this Commission, in addition to presenting consistency between the information contained in the various reports in accordance with what is established in the Annexes corresponding, sent only once and received assuming that it meets all the required characteristics, by virtue of which it cannot be modified, generating an electronic receipt from the SITI.
Brokerage Houses
Series R01 Minimum Catalog
Report A-0111 Minimum Catalog
Includes figures in national currency, foreign currency and UDIs valued in pesos
Figures in pesos
Concept
National currency and UDIs valued
Foreign currency valued
OFF-BALANCE SHEET ACCOUNTS
CLIENTS CURRENT ACCOUNTS
CLIENTS BANKS
NATIONAL CURRENCY
FOREIGN CURRENCY
CASH IN GUARANTEE FOR LOAN OF SECURITIES
DIVIDENDS RECEIVED FROM CLIENTS
INTERESTS RECEIVED FROM CLIENTS
SETTLEMENT OF CLIENT OPERATIONS
FOR SALE OF SECURITIES
FOR ARBITRAGE
FOR FUTURES OPERATIONS
FOR TRUSTS
S.D. INDEVAL
PREMIUMS RECEIVED FROM CLIENTS
CLIENTS SETTLEMENTS WITH CURRENCIES
MARGIN ACCOUNTS
CREDIT LINES GRANTED TO CLIENTS FOR GUARANTEE FOR LOAN OF SECURITIES
CREDIT LINES GRANTED TO CLIENTS FOR GUARANTEE FOR FUTURES OPERATIONS
CREDIT LINES GRANTED TO CLIENTS FOR GUARANTEE FOR OPTIONS
OTHER CURRENT ACCOUNTS
CLIENT INVESTMENTS DEPOSITED IN BANKS
CUSTODY OPERATIONS
CLIENT SECURITIES RECEIVED IN CUSTODY
GOVERNMENTAL DEBT
BANKING DEBT
OTHER DEBT INSTRUMENTS
EQUITY INSTRUMENTS
Commercial, industrial and service equity instruments
Equity instruments of investment companies
COUPONS
GOLD AND SILVER INVENTORY
SECURITIES IN TRUST
CLIENT SECURITIES ABROAD
ADMINISTRATION OPERATIONS
REPO OPERATIONS FOR CLIENT ACCOUNT
DEBTORS FOR REPO FOR CLIENT ACCOUNT
CREDITORS FOR REPO FOR CLIENT ACCOUNT
SECURITIES LENDING OPERATIONS FOR CLIENT ACCOUNT
SECURITIES SUBJECT TO THE OPERATION DELIVERED
Governmental debt
Banking debt
Other debt instruments
Equity instruments
SECURITIES SUBJECT TO THE OPERATION RECEIVED
Governmental debt
Banking debt
Other debt instruments
Equity instruments
COLLATERALS RECEIVED AS GUARANTEE FOR CLIENT ACCOUNT
IN REPOS
Governmental debt
Banking debt
Other debt instruments
IN SECURITIES LENDING
Cash
Governmental debt
Banking debt
Other debt instruments
Equity instruments
Letters of credit
IN DERIVATIVES
Governmental debt
Banking debt
Other debt instruments
Equity instruments
Others
OTHER COLLATERALS RECEIVED AS GUARANTEE FOR OTHER OPERATIONS FOR CLIENT ACCOUNT
COLLATERALS DELIVERED AS GUARANTEE FOR CLIENT ACCOUNT
IN REPOS
Governmental debt
Banking debt
Other debt instruments
IN SECURITIES LENDING
Cash
Governmental debt
Banking debt
Other debt instruments
Equity instruments
Letters of credit
IN DERIVATIVES
Governmental debt
Banking debt
Other debt instruments
Equity instruments
Others
OTHER COLLATERALS DELIVERED AS GUARANTEE FOR OTHER OPERATIONS FOR CLIENT ACCOUNT
DERIVATIVES PURCHASE OPERATIONS
OF FUTURES AND FORWARD CONTRACTS OF CLIENTS (NOMINAL AMOUNT)
Futures
Forward contracts
OF OPTIONS
OF SWAPS
OF PACKAGES OF CLIENT DERIVATIVE INSTRUMENTS
DERIVATIVES SALE OPERATIONS
OF FUTURES AND FORWARD CONTRACTS OF CLIENTS (NOMINAL AMOUNT)
Futures
Forward contracts
OF OPTIONS
OF SWAPS
OF PACKAGES OF CLIENT DERIVATIVE INSTRUMENTS
ADMINISTERED TRUSTS
OPERATIONS FOR OWN ACCOUNT
CONTINGENT ASSETS AND LIABILITIES
COLLATERALS RECEIVED BY THE ENTITY
CASH ADMINISTERED IN TRUST
GOVERNMENTAL DEBT
BANKING DEBT
OTHER DEBT INSTRUMENTS
EQUITY INSTRUMENTS
OTHERS
COLLATERALS RECEIVED AND SOLD OR DELIVERED AS GUARANTEE BY THE ENTITY
GOVERNMENTAL DEBT
BANKING DEBT
OTHER DEBT INSTRUMENTS
EQUITY INSTRUMENTS
OTHERS
OTHER REGISTRATION ACCOUNTS
ASSET
LIQUIDITIES
CASH
BANKS
DEPOSITS IN FINANCIAL ENTITIES
CURRENCIES TO BE DELIVERED
OTHER LIQUIDITIES
COINED PRECIOUS METALS
OTHER LIQUIDITIES
RESTRICTED LIQUIDITIES OR GIVEN AS GUARANTEE
CURRENCIES TO BE RECEIVED
CASH ADMINISTERED IN TRUST
OTHER RESTRICTED LIQUIDITIES OR GIVEN AS GUARANTEE
MARGIN ACCOUNTS (DERIVATIVES)
CASH
SECURITIES
OTHER ASSETS
INVESTMENTS IN SECURITIES
SECURITIES FOR TRADING
SECURITIES FOR TRADING WITHOUT RESTRICTION
Governmental debt
In position
To be delivered
Banking debt
In position
To be delivered
Other debt instruments
In position
To be delivered
Equity instruments
In position
To be delivered
SECURITIES FOR TRADING RESTRICTED OR GIVEN AS GUARANTEE IN REPO OPERATIONS
Governmental debt
Banking debt
Other debt instruments
Government Debt Bank Debt Other Debt Securities Equity Instruments
(OTHER)
Government Debt In position To receive Bank Debt In position To receive Other Debt Securities In position To receive Equity Instruments In position To receive
Government Debt In position To deliver Bank Debt In position To deliver Other Debt Securities In position To deliver Equity Instruments In position To deliver
Government Debt Bank Debt Other Debt Securities
Government Debt Bank Debt Other Debt Securities Equity Instruments
Government Debt In position To receive Bank Debt In position To receive Other Debt Securities In position To receive Equity Instruments In position To receive
Government Debt In position To deliver Bank Debt In position To deliver Other Debt Securities In position To deliver
Government Debt Bank Debt Other Debt Securities
Government Debt Bank Debt Other Debt Securities
Government Debt In position To receive Bank Debt In position To receive Other Debt Securities In position To receive
FOR TRADING PURPOSES
FUTURES TO RECEIVE Valuation FORWARD CONTRACTS TO RECEIVE Valuation Impairment OPTIONS Valuation Impairment SWAPS Valuation Impairment DERIVATIVE INSTRUMENT PORTFOLIOS Valuation Impairment
FOR HEDGING PURPOSES
FUTURES TO RECEIVE Valuation Valuation of the primary position FORWARD CONTRACTS TO RECEIVE Valuation Valuation of the primary position Impairment OPTIONS Valuation Valuation of the primary position Impairment SWAPS Valuation Valuation of the primary position Impairment DERIVATIVE INSTRUMENT PORTFOLIOS Valuation Valuation of the primary position Impairment
BELONGING TO THE FINANCIAL SECTOR NOT BELONGING TO THE FINANCIAL SECTOR
BELONGING TO THE FINANCIAL SECTOR NOT BELONGING TO THE FINANCIAL SECTOR
BELONGING TO THE FINANCIAL SECTOR NOT BELONGING TO THE FINANCIAL SECTOR
BELONGING TO THE FINANCIAL SECTOR NOT BELONGING TO THE FINANCIAL SECTOR
BELONGING TO THE FINANCIAL SECTOR NOT BELONGING TO THE FINANCIAL SECTOR
BELONGING TO THE FINANCIAL SECTOR NOT BELONGING TO THE FINANCIAL SECTOR
Discount to amortize on issued securities Financial cost to amortize on capitalizable lease operations Issuance expenses Insurance to amortize Other deferred charges
Interest paid in advance Commissions paid in advance Advance or provisional tax payments Rent paid in advance Other prepaid expenses
Goodwill From subsidiaries From associates Revaluation of goodwill (1) From subsidiaries From associates Organization expenses Revaluation of organization expenses (1) Accumulated amortization of organization expenses Revaluation of accumulated amortization of organization expenses (1) Other intangibles Revaluation of other intangibles (1) Accumulated amortization of other intangibles Revaluation of accumulated amortization of other intangibles (1)
Long-term direct benefits Termination benefits Termination benefits for reasons other than restructuring Termination benefits due to restructuring Post-employment benefits Pensions Seniority premium Other post-employment benefits
Collaterals sold Government Debt Bank Debt Other Debt Securities Collaterals given as collateral
OBJECT OF THE OPERATION TO THE LENDER
Collaterals sold Government Debt Bank Debt Other Debt Securities Equity Instruments
Collaterals sold Government Debt Bank Debt Other Debt Securities Equity Instruments
Government Debt Bank Debt Other Debt Securities Equity Instruments Other
FOR TRADING PURPOSES
FUTURES TO DELIVER Valuation FORWARD CONTRACTS TO DELIVER Valuation Impairment OPTIONS Valuation Impairment SWAPS Valuation Impairment DERIVATIVE INSTRUMENT PORTFOLIOS Valuation Impairment
FOR HEDGING PURPOSES
FUTURES TO DELIVER Valuation Valuation of the primary position FORWARD CONTRACTS TO DELIVER Valuation Valuation of the primary position Impairment OPTIONS Valuation Valuation of the primary position Impairment SWAPS Valuation Valuation of the primary position Impairment DERIVATIVE INSTRUMENT PORTFOLIOS Valuation Valuation of the primary position Impairment
Long-term direct benefits Post-employment benefits Pensions Seniority premium Other post-employment benefits Termination benefits Termination benefits for reasons other than restructuring Termination benefits due to restructuring
Fees Rent Promotion and advertising expenses Technology expenses Other provisions
MANDATORY CONVERSION CONVERSION AT HOLDER'S DISCRETION CONVERSION AT ISSUER'S DISCRETION NON-CONVERTIBLE
Interest collected in advance Commissions collected in advance Advance collections on goods promised for sale or with reservation of ownership Other advance collections
VALUATION
VALUATION
VALUATION
Valuation Result from monetary position (1) Effect of deferred income taxes Estimate for non-recoverable deferred income taxes
Valuation Result from monetary position (1) Effect of deferred income taxes Estimate for non-recoverable deferred income taxes
OF SECURITIES REGISTERED IN THE RNV OF OTHER SECURITIES
FOR SECURITIES FOR TRADING FOR DERIVATIVES TRADING
FOR SECURITIES FOR TRADING FOR SECURITIES AVAILABLE FOR SALE FOR SECURITIES HELD TO MATURITY
MANDATORY CONVERSION CONVERSION AT HOLDER'S DISCRETION CONVERSION AT ISSUER'S DISCRETION NON-CONVERTIBLE
OF SECURITIES AND DERIVATIVES
AVAILABLE FOR SALE
OF REAL ESTATE ASSETS OF GOODWILL OF OTHER PERMANENT INVESTMENTS VALUED AT COST OF OTHER LONG-TERM ASSETS OF OTHER ASSETS
Pensions Seniority premium Other post-employment benefits
Termination benefits for reasons other than restructuring Termination benefits due to restructuring
IN NON-CONSOLIDATED SUBSIDIARIES Belonging to the financial sector Not belonging to the financial sector
IN ASSOCIATES Belonging to the financial sector Not belonging to the financial sector
Brokerage Houses
(1) These concepts will be applicable under an inflationary economic environment based on what is established in Financial Information Standard B-10 "Effects of Inflation", issued by the Mexican Council of Financial Information Standards, A.C. (CINIF).
This series is integrated by two (2) reports, the E-0304 Assignments with daily preparation frequency on the settlement date of securities operations carried out in the electronic trading systems of the stock exchanges and E-0305 Orders which must be presented on the same day that the orders derived from instructions given by clients in the brokerage house's reception and assignment system were entered, as well as the underlying positions to the orders, on the same day that they are transmitted to the electronic trading system.
This report will detail the necessary information to know the assignments of the operations carried out in the electronic trading systems of the stock exchanges that brokerage houses have registered in their reception and assignment system. It contains the necessary information to know the operations carried out by clients that were effectively executed in the equity market according to Title Third of the General Provisions
E-0305
Orders
This report will detail the information necessary to understand the general characteristics of the orders that brokerage houses have registered in their reception and assignment system. This report contains the information necessary to understand the orders derived from instructions given by brokerage house clients, and in turn, the underlying positions to the orders that were entered into the stock exchange trading systems during each trading day in the equity market in accordance with Title Three of the Provisions.
CAPTURE FORMAT
Brokerage houses will carry out the submission of information related to report E-0304 Assignments, described above, by using the following capture format:
REQUESTED INFORMATION
REPORT IDENTIFIER SECTION
REPORT IDENTIFIER PERIOD ENTITY KEY
CLIENT DATA SECTION
CLIENT NAME CLIENT FIRST LAST NAME CLIENT SECOND LAST NAME CLIENT RFC CLIENT CURP PERSON TYPE CLIENT ADDRESS STATE KEY CLIENT ADDRESS MUNICIPALITY KEY CLIENT ADDRESS COUNTRY KEY CLIENT ADDRESS POSTAL CODE
REPO FUND SECTION
CONTRACT NUMBER CONTRACT TYPE ATTORNEY CURP CONTRACT OPENING COUNTRY NUMBER OF CO-OWNERS CO-OWNER 1 NAME CO-OWNER 1 FIRST LAST NAME CO-OWNER 1 SECOND LAST NAME CO-OWNER 2 NAME CO-OWNER 2 FIRST LAST NAME CO-OWNER 2 SECOND LAST NAME CO-OWNER 3 NAME CO-OWNER 3 FIRST LAST NAME CO-OWNER 3 SECOND LAST NAME CO-OWNER 4 NAME CO-OWNER 4 FIRST LAST NAME CO-OWNER 4 SECOND LAST NAME CO-OWNER 5 NAME CO-OWNER 5 FIRST LAST NAME CO-OWNER 5 SECOND LAST NAME
OPERATION DATA SECTION
ORDER DATE ORDER FOLIO SECURITIES TRANSACTION TYPE OPERATION PERFORMED BY THE CLIENT ISSUER SERIES SECURITY TYPE EXCHANGE EVENT FOLIO EXCHANGE EVENT DATE EXCHANGE EVENT TIME EXCHANGE EVENT PRICE VOLUME OR NUMBER OF ASSIGNED TITLES AMOUNT ASSIGNMENT TIME EXCHANGE KEY INSTRUCTION MEDIUM
Brokerage houses will carry out the submission of information related to report E-0305 Orders, described above, by using the following capture format:
REQUESTED INFORMATION
REPORT IDENTIFIER SECTION
REPORT IDENTIFIER PERIOD ENTITY KEY
CLIENT DATA SECTION
CLIENT NAME CLIENT FIRST LAST NAME CLIENT SECOND LAST NAME CLIENT RFC CLIENT CURP PERSON TYPE CLIENT ADDRESS STATE KEY CLIENT ADDRESS MUNICIPALITY KEY CLIENT ADDRESS COUNTRY KEY CLIENT ADDRESS POSTAL CODE CLIENT AUTHORIZED TO ISSUE ORDERS TO THE FLOOR
CONTRACT DATA SECTION
CONTRACT NUMBER ADVISORY CONTRACT CONTRACT TYPE CONTRACT OPENING COUNTRY
ORDER DATA SECTION
DATE OF SUBMISSION TO TRADING SYSTEM TIME OF SUBMISSION TO TRADING SYSTEM ORDER DATE ORDER TIME ORDER FOLIO DATE ON WHICH THE CLIENT ISSUED THE INSTRUCTION TIME AT WHICH THE CLIENT ISSUED THE INSTRUCTION OPERATION PERFORMED BY THE CLIENT INSTRUCTION TYPE EXECUTION TYPE ORDER TYPE ORDER VALIDITY ORDER TITLES ORDER PRICE ISSUER SERIES SECURITY TYPE ORDER STATUS ORDER CANCELLATION TIME VOLUME OR NUMBER OF ASSIGNED TITLES NEGOTIATION ALGORITHM NAME OF ATTORNEY OR PROMOTER KEY OF ATTORNEY OR PROMOTER RECOGNITION FOLIO EXCHANGE KEY BROKERAGE HOUSE ORDER FOLIO INSTRUCTION MEDIUM
Brokerage houses will report the information indicated in this series adjusting to the characteristics and specifications for filling out and submitting information presented in the Interinstitutional Information Transfer System (SITI) or as otherwise made known by the National Banking and Securities Commission (CNBV). The information must comply with SITI validations, as well as the quality standards defined by this Commission, in addition to presenting consistency between the information contained in the various reports in accordance with what is established in the corresponding Annexes, be sent only once and will be received assuming it meets all required characteristics, by virtue of which it cannot be modified, with SITI generating an electronic receipt acknowledgment.
SERIES R05 ACCOUNTS RECEIVABLE
This series is integrated by two (2) reports, whose frequency of preparation and presentation must be monthly.
REPORT
A-0511
Accounts Receivable
This report requests the balances at month-end in national currency, UDIs valued in pesos, and foreign currency valued in pesos, of the concepts that make up the "Accounts Receivable" item in the Minimum Catalog regulatory report.
The aforementioned balances are requested identified by their age, for which the period between the origin of the operation and the reported period must be considered; furthermore, information related to the estimate for uncollectibility or difficult collection is required.
Data referring to balances and amounts must be presented in national currency, UDIs valued in pesos, and foreign currency valued in pesos, using the exchange rate indicated in the accounting criteria. Such balances and amounts must be presented in pesos rounded, without decimals, without commas, without periods, and with positive figures, except for the preventive estimate for credit risks which must be presented with a negative sign.
For example: Preventive estimate for credit risks for $20,585.70 would be -20586.
B-0521
Disaggregated Accounts Receivable
In this report, operation by operation, the initial balance, debtor movements, creditor movements, and the final balance that the Brokerage House has registered in the concepts of "Clients current account and margin", "Loans and other debts of personnel", and "Other debtors", in the Minimum Catalog regulatory report, must be informed.
Data referring to balances and amounts must be presented in national currency, UDIs valued in pesos, and foreign currency valued in pesos, using the exchange rate indicated in the accounting criteria. Such balances and amounts must be presented in pesos rounded, without decimals, without commas, without periods, and with positive figures, except for the preventive estimate for credit risks which must be presented with a negative sign.
For example: Preventive estimate for credit risks for $20,585.70 would be -20586.
CAPTURE FORMAT
Brokerage houses will carry out the submission of information related to report A-0511 Accounts Receivable, described above, by using the following capture format:
REQUESTED INFORMATION
REPORT IDENTIFIER SECTION
REPORT IDENTIFIER PERIOD ENTITY KEY
FINANCIAL INFORMATION SECTION
CONCEPT REPORT BALANCE TYPE DATA
Brokerage houses will carry out the submission of information related to report B-0521 Disaggregated Accounts Receivable, described above, by using the following capture format:
REQUESTED INFORMATION
REPORT IDENTIFIER SECTION
REPORT IDENTIFIER PERIOD ENTITY KEY
ACCOUNTING INFORMATION SECTION
SEQUENCE NUMBER MOVEMENT DATE ACCOUNTING CLASSIFICATION
DEBTOR INFORMATION SECTION
PERSON DEBTOR KEY RFC DEBTOR NAME
FINANCIAL CONDITION SECTION
AGE OF BALANCES INITIAL BALANCE DEBIT MOVEMENT CREDIT MOVEMENT FINAL BALANCE ESTIMATE FOR UNCOLLECTIBILITY OR DIFFICULT COLLECTION
Brokerage houses will report the information indicated in this series adjusting to the characteristics and specifications for filling out and submitting information presented in the Interinstitutional Information Transfer System (SITI) or as otherwise made known by the National Banking and Securities Commission (CNBV). The information must comply with SITI validations, as well as the quality standards defined by this Commission, in addition to presenting consistency between the information contained in the various reports in accordance with what is established in the corresponding Annexes, be sent only once and will be received assuming it meets all required characteristics, by virtue of which it cannot be modified, with SITI generating an electronic receipt acknowledgment.
SERIES R07 DEFERRED TAXES
This series is integrated by one (1) report, whose frequency of preparation and presentation must be quarterly.
REPORT
A-0711
Deferred Taxes
The objective of this report is to show the main concepts by which the brokerage house generated deferred taxes, as well as to identify by type of tax, the following: the calculation base used, the final balance of the previous quarter, the movements of the quarter by increases, updates, and realizations against results and/or against capital, as well as the final balance at the quarter.
This regulatory report requests figures from the brokerage house without consolidation, so the end-of-quarter balances must coincide with the total balances of the corresponding items and concepts of the regulatory report R01 Minimum Catalog.
CAPTURE FORMAT
Brokerage houses will carry out the submission of information related to report R07 A-0711 Deferred Taxes by means of the following capture format:
REQUESTED INFORMATION
REPORT IDENTIFIER SECTION
REPORT IDENTIFIER PERIOD ENTITY KEY CONCEPT REPORT
TAX IDENTIFIER SECTION
TAX TYPE BALANCE TYPE MOVEMENT TYPE DATA
Brokerage houses will report the information indicated in this series adjusting to the characteristics and specifications for filling out and submitting information presented in the Interinstitutional Information Transfer System (SITI) or as otherwise made known by the National Banking and Securities Commission (CNBV). The information must comply with SITI validations, as well as the quality standards defined by this Commission, in addition to presenting consistency between the information contained in the various reports in accordance with what is established in the corresponding Annexes, be sent only once and will be received assuming it meets all required characteristics, by virtue of which it cannot be modified, with SITI generating an electronic receipt acknowledgment.
Note:
In the event that there are deferred taxes on PTU (Profit Sharing for Workers) related to fiscal losses, the Brokerage House must send to the CNBV the particular judicial resolution in which it is confirmed that it can homologate the calculation base of the Participation of Workers in Profits with the calculation base of the Income Tax.
Regulatory Report: Deferred Taxes R07 A Report: R07 A Deferred Taxes Figures in Pesos
| Description | Calculation Base | Movements of the Month against Results | Movements of the Month against Capital |
|---|---|---|---|
| ISR | PTU | TOTAL | |
| Deferred Tax | |||
| Initial Balance | |||
| Increases | |||
| Realization | |||
| Net Movement | |||
| Increases | |||
| Update | |||
| Realization | |||
| Net Movement | |||
| ISR | |||
| PTU | |||
| TOTAL | |||
| ISR | |||
| PTU | |||
| ISR | |||
| PTU | |||
| ISR | |||
| PTU | |||
| ISR | |||
| PTU | |||
| ISR | |||
| PTU | |||
| Total Deferred Taxes | |||
| Favorable Items | |||
| Valuation Losses at Fair Value | |||
| For Securities Repos and Securities Lending | |||
| For Derivatives | |||
| Non-Deductible Provisions | |||
| From Various Debtors | |||
| Other Non-Deductible Provisions | |||
| For Fiscal Losses: | |||
| From Previous Exercises up to 5 Years of Age | |||
| From Previous Exercises of 6 Years of Age | |||
| From Previous Exercises of 7 Years of Age | |||
| From Previous Exercises of 8 Years of Age | |||
| From Previous Exercises of 9 Years of Age | |||
| From Previous Exercises of 10 Years of Age | |||
| For Sale of Shares | |||
| Unused Tax Credits | |||
| Other Temporary Differences | |||
| Chargeable Items | |||
| Profit in Valuation at Fair Value | |||
| For Securities Repos and Securities Lending | |||
| For Derivatives | |||
| Other Temporary Differences |
SERIES R10 RECLASSIFICATIONS
This series is integrated by two (2) reports, whose frequency of preparation and presentation must be monthly.
REPORTS
A-1011
Reclassifications in the balance sheet
In this report, balances at the end of the period of the concepts of the regulatory report A-0111 Minimum Catalog are requested, as well as the respective adjustments or reclassifications made for the purpose of presenting the items of the balance sheet of the brokerage house without consolidation.
A-1012
Reclassifications in the income statement
In this report, balances at the end of the period of the concepts of the regulatory report A-0111 Minimum Catalog are requested, as well as the respective adjustments or reclassifications made for the purpose of presenting the items of the income statement of the brokerage house without consolidation.
CAPTURE FORMAT
Brokerage houses will carry out the submission of information related to reports A-1011 Reclassifications in the balance sheet and A-1012 Reclassifications in the income statement, described above, by using the following capture format:
REQUESTED INFORMATION
REPORT IDENTIFIER SECTION
REPORT IDENTIFIER PERIOD ENTITY KEY
FINANCIAL INFORMATION SECTION
CONCEPT REPORT BALANCE TYPE MOVEMENT TYPE DATA
Brokerage houses will report the information indicated in this series adjusting to the characteristics and specifications for filling out and submitting information presented in the Interinstitutional Information Transfer System (SITI) or as otherwise made known by the National Banking and Securities Commission (CNBV). The information must comply with SITI validations, as well as the quality standards defined by this Commission, in addition to presenting consistency between the information contained in the various reports in accordance with what is established in the corresponding Annexes, be sent only once and will be received assuming it meets all required characteristics, by virtue of which it cannot be modified, with SITI generating an electronic receipt acknowledgment.
Brokerage Houses Series R10 Reclassifications Report A-1011 Reclassifications in the balance sheet Includes figures in national currency, foreign currency, and UDIs valued in pesos Figures in pesos
| Concept | Minimum Catalog Balance | Derivatives Distributions for Trading Purposes | Derivatives Distributions for Hedging Purposes | Adjustments for Discontinued Operations | Other Offsets |
|---|---|---|---|---|---|
| M.N. and UDIs | M.E. | Total | Debit | Credit | Debit |
| Brokerage House Financial Statement |
ORDER ACCOUNTS
CLIENTS CURRENT ACCOUNTS
CLIENT BANKS
NATIONAL CURRENCY
FOREIGN CURRENCY
CASH IN GUARANTEE FOR SECURITIES LENDING
DIVIDENDS RECEIVED FROM CLIENTS
INTERESTS RECEIVED FROM CLIENTS
CLIENT OPERATIONS SETTLEMENT
FOR SALE OF SECURITIES
FOR ARBITRAGE
FOR FUTURES OPERATIONS
FOR TRUSTS
S.D. INDEVAL
PREMIUMS RECEIVED FROM CLIENTS
CLIENTS SETTLEMENTS WITH CURRENCIES
MARGIN ACCOUNTS
CREDIT LINES GRANTED TO CLIENTS FOR GUARANTEE FOR SECURITIES LENDING
CREDIT LINES GRANTED TO CLIENTS FOR GUARANTEE FOR FUTURES OPERATIONS
CREDIT LINES GRANTED TO CLIENTS FOR GUARANTEE FOR OPTIONS
OTHER CURRENT ACCOUNTS
CLIENT INVESTMENTS DEPOSITED IN BANKS
CUSTODY OPERATIONS
CLIENT SECURITIES RECEIVED IN CUSTODY
GOVERNMENTAL DEBT
BANKING DEBT
OTHER DEBT SECURITIES
EQUITY INSTRUMENTS
Commercial, industrial, and service equity instruments
Investment company equity instruments
COUPONS
GOLD AND SILVER INVENTORY
SECURITIES IN TRUST
CLIENT SECURITIES ABROAD
ADMINISTRATION OPERATIONS
REPO OPERATIONS FOR CLIENT ACCOUNT
DEBTORS FOR REPO FOR CLIENT ACCOUNT
CREDITORS FOR REPO FOR CLIENT ACCOUNT
SECURITIES LENDING OPERATIONS FOR CLIENT ACCOUNT
SECURITIES SUBJECT TO THE OPERATION DELIVERED
Governmental debt Banking debt Other debt securities Equity instruments
SECURITIES SUBJECT TO THE OPERATION RECEIVED
Governmental debt Banking debt Other debt securities Equity instruments
COLLATERALS RECEIVED AS GUARANTEE FOR CLIENT ACCOUNT
IN REPOS
Governmental debt Banking debt Other debt securities
IN SECURITIES LENDING
Cash Governmental debt Banking debt Other debt securities Equity instruments
Letters of credit
IN DERIVATIVES
Governmental debt Banking debt Other debt securities Equity instruments
Others
OTHER COLLATERALS RECEIVED AS GUARANTEE FOR OTHER OPERATIONS FOR CLIENT ACCOUNT
COLLATERALS DELIVERED AS GUARANTEE FOR CLIENT ACCOUNT
IN REPOS
Governmental debt Banking debt Other debt securities
IN SECURITIES LENDING
Cash Governmental debt Banking debt Other debt securities Equity instruments
Letters of credit
IN DERIVATIVES
Governmental debt Banking debt Other debt securities Equity instruments
Others
OTHER COLLATERALS DELIVERED AS GUARANTEE FOR OTHER OPERATIONS FOR CLIENT ACCOUNT
DERIVATIVES PURCHASE OPERATIONS
OF FUTURES AND FORWARD CONTRACTS OF CLIENTS (NOTIONAL AMOUNT)
Futures Forward contracts
OF OPTIONS
OF SWAPS
OF PACKAGES OF CLIENT DERIVATIVE INSTRUMENTS
DERIVATIVES SALE OPERATIONS
OF FUTURES AND FORWARD CONTRACTS OF CLIENTS (NOTIONAL AMOUNT)
Futures Forward contracts
OF OPTIONS
OF SWAPS
OF PACKAGES OF CLIENT DERIVATIVE INSTRUMENTS
ADMINISTERED TRUSTS
OPERATIONS FOR OWN ACCOUNT
CONTINGENT ASSETS AND LIABILITIES
COLLATERALS RECEIVED BY THE ENTITY
CASH ADMINISTERED IN TRUST
GOVERNMENTAL DEBT
BANKING DEBT
OTHER DEBT SECURITIES
EQUITY INSTRUMENTS
OTHERS
COLLATERALS RECEIVED AND SOLD OR DELIVERED AS GUARANTEE BY THE ENTITY
GOVERNMENTAL DEBT
BANKING DEBT
OTHER DEBT SECURITIES
EQUITY INSTRUMENTS
OTHERS
OTHER REGISTRATION ACCOUNTS
ASSET
AVAILABILITIES
CASH
BANKS
DEPOSITS IN FINANCIAL ENTITIES
CURRENCIES TO BE DELIVERED
OTHER AVAILABILITIES
COINED PRECIOUS METALS
OTHER AVAILABILITIES
RESTRICTED AVAILABILITIES OR GIVEN AS GUARANTEE
CURRENCIES TO BE RECEIVED
CASH ADMINISTERED IN TRUST
OTHER RESTRICTED AVAILABILITIES OR GIVEN AS GUARANTEE
MARGIN ACCOUNTS (DERIVATIVES)
CASH
SECURITIES
OTHER ASSETS
SECURITIES INVESTMENTS
SECURITIES FOR TRADING
SECURITIES FOR TRADING WITHOUT RESTRICTION
Governmental debt In position To be delivered Banking debt In position To be delivered Other debt securities In position To be delivered Equity instruments In position To be delivered
SECURITIES FOR TRADING RESTRICTED OR GIVEN AS GUARANTEE IN REPO OPERATIONS
Governmental debt Banking debt Other debt securities
SECURITIES FOR TRADING RESTRICTED OR GIVEN AS GUARANTEE IN SECURITIES LENDING OPERATIONS
Governmental debt Banking debt Other debt securities Equity instruments
SECURITIES FOR TRADING RESTRICTED OR GIVEN AS GUARANTEE (OTHERS)
Governmental debt In position To be received Banking debt In position To be received Other debt securities In position To be received Equity instruments In position To be received
SECURITIES AVAILABLE FOR SALE
SECURITIES AVAILABLE FOR SALE WITHOUT RESTRICTION
Governmental debt In position To be delivered Banking debt In position To be delivered Other debt securities In position To be delivered Equity instruments In position To be delivered
SECURITIES AVAILABLE FOR SALE RESTRICTED OR GIVEN AS GUARANTEE IN REPO OPERATIONS
Governmental debt Banking debt Other debt securities
SECURITIES AVAILABLE FOR SALE RESTRICTED OR GIVEN AS GUARANTEE IN SECURITIES LENDING OPERATIONS
Governmental debt Banking debt Other debt securities Equity instruments
SECURITIES AVAILABLE FOR SALE RESTRICTED OR GIVEN AS GUARANTEE (OTHERS)
Governmental debt In position To be received Banking debt In position To be received Other debt securities In position To be received Equity instruments In position To be received
SECURITIES HELD TO MATURITY
SECURITIES HELD TO MATURITY WITHOUT RESTRICTION
Governmental debt In position To be delivered Banking debt In position To be delivered Other debt securities In position To be delivered
SECURITIES HELD TO MATURITY RESTRICTED OR GIVEN AS GUARANTEE IN REPO OPERATIONS
Governmental debt Banking debt Other debt securities
SECURITIES HELD TO MATURITY RESTRICTED OR GIVEN AS GUARANTEE IN SECURITIES LENDING OPERATIONS
Governmental debt Banking debt Other debt securities
SECURITIES HELD TO MATURITY RESTRICTED OR GIVEN AS GUARANTEE (OTHERS)
Governmental debt In position To be received Banking debt In position To be received Other debt securities In position To be received
DEBTORS FOR REPO
SECURITIES LENDING
PREMIUMS TO BE RECEIVED
DERIVATIVES
FOR TRADING PURPOSES
FUTURES TO BE RECEIVED
Valuation
FORWARD CONTRACTS TO BE RECEIVED
Valuation
Impairment
OPTIONS
Valuation
Impairment
SWAPS
Valuation
Impairment
PACKAGES OF DERIVATIVE INSTRUMENTS
Valuation
Impairment
FOR HEDGING PURPOSES
FUTURES TO BE RECEIVED
Valuation
Valuation of the primary position
FORWARD CONTRACTS TO BE RECEIVED
Valuation
Valuation of the primary position
Impairment
OPTIONS
Valuation
Valuation of the primary position
Impairment
SWAPS
Valuation
Valuation of the primary position
Impairment
PACKAGES OF DERIVATIVE INSTRUMENTS
Valuation
Valuation of the primary position
Impairment
VALUATION ADJUSTMENTS FOR FINANCIAL ASSET HEDGING
BENEFITS TO BE RECEIVED IN SECURITIZATION OPERATIONS
BENEFITS ON THE REMNANT IN SECURITIZATION OPERATIONS
ASSET FOR ADMINISTRATION OF TRANSFERRED FINANCIAL ASSETS
ACCOUNTS RECEIVABLE
DEBTORS FOR OPERATIONS SETTLEMENT
FOREIGN EXCHANGE PURCHASE AND SALE
SECURITIES INVESTMENTS
REPOS
SECURITIES LENDING
DERIVATIVES
FOR SECURITIES ISSUANCE
DEBTORS FOR MARGIN ACCOUNTS (DERIVATIVES)
DEBTORS FOR CASH COLLATERALS GRANTED
FIDUCIARY RIGHTS
VARIOUS DEBTORS
PREMIUMS, COMMISSIONS, AND RIGHTS TO BE RECEIVED
CLIENTS CURRENT ACCOUNT AND MARGIN
BALANCES IN FAVOR OF TAXES AND CREDITABLE TAXES
LOANS AND OTHER DEBTS OF PERSONNEL
OTHER DEBTORS
ESTIMATE FOR UNCOLLECTIBILITY OR DIFFICULT COLLECTION
REAL ESTATE, FURNITURE, AND EQUIPMENT
REAL ESTATE, FURNITURE, AND EQUIPMENT
LAND
BUILDINGS
BUILDINGS IN PROCESS
TRANSPORT EQUIPMENT
COMPUTING EQUIPMENT
FURNITURE
ADAPTATIONS AND IMPROVEMENTS
OTHER REAL ESTATE, FURNITURE, AND EQUIPMENT
REAL ESTATE, FURNITURE, AND EQUIPMENT REVALUATION (1)
LAND
BUILDINGS
BUILDINGS IN PROCESS
TRANSPORT EQUIPMENT
COMPUTING EQUIPMENT
FURNITURE
ADAPTATIONS AND IMPROVEMENTS
OTHER REVALUATIONS OF REAL ESTATE, FURNITURE, AND EQUIPMENT
ACCUMULATED DEPRECIATION OF REAL ESTATE, FURNITURE, AND EQUIPMENT
BUILDINGS
TRANSPORTATION EQUIPMENT
COMPUTER EQUIPMENT
FURNITURE
ADAPTATIONS AND IMPROVEMENTS
OTHER ACCUMULATED DEPRECIATIONS OF REAL ESTATE, FURNITURE, AND EQUIPMENT
REVALUATION OF ACCUMULATED DEPRECIATION OF REAL ESTATE, FURNITURE, AND EQUIPMENT (1)
BUILDINGS
TRANSPORTATION EQUIPMENT
COMPUTER EQUIPMENT
FURNITURE
ADAPTATIONS AND IMPROVEMENTS
OTHER REVALUATIONS OF ACCUMULATED DEPRECIATION OF REAL ESTATE, FURNITURE, AND EQUIPMENT
PERMANENT INVESTMENTS
SUBSIDIARIES
BELONGING TO THE FINANCIAL SECTOR
NOT BELONGING TO THE FINANCIAL SECTOR
ASSOCIATES
BELONGING TO THE FINANCIAL SECTOR
NOT BELONGING TO THE FINANCIAL SECTOR
OTHER PERMANENT INVESTMENTS
BELONGING TO THE FINANCIAL SECTOR
NOT BELONGING TO THE FINANCIAL SECTOR
LONG-TERM ASSETS AVAILABLE FOR SALE
SUBSIDIARIES
BELONGING TO THE FINANCIAL SECTOR
NOT BELONGING TO THE FINANCIAL SECTOR
ASSOCIATES
BELONGING TO THE FINANCIAL SECTOR
NOT BELONGING TO THE FINANCIAL SECTOR
OTHER LONG-TERM ASSETS AVAILABLE FOR SALE
BELONGING TO THE FINANCIAL SECTOR
NOT BELONGING TO THE FINANCIAL SECTOR
DEFERRED TAXES AND PTU (IN FAVOR)
DEFERRED INCOME TAXES (IN FAVOR)
DEFERRED EMPLOYEE PARTICIPATION IN PROFITS (IN FAVOR)
ESTIMATE FOR NON-RECOVERABLE DEFERRED TAXES AND PTU
OTHER ASSETS
DEFERRED CHARGES, PREPAID EXPENSES, AND INTANGIBLES
DEFERRED CHARGES
Discount to be amortized on issued securities
Financial cost to be amortized on capitalizable lease operations
Expenses for issuance of securities
Insurance to be amortized
Other deferred charges
PREPAID EXPENSES
Interest paid in advance
Commissions paid in advance
Advances or provisional tax payments
Rent paid in advance
Other prepaid expenses
INTANGIBLES
Goodwill
From subsidiaries
From associates
Revaluation of goodwill (1)
From subsidiaries
From associates
Organization expenses
Revaluation of organization expenses (1)
Accumulated amortization of organization expenses
Revaluation of accumulated amortization of organization expenses (1)
Other intangibles
Revaluation of other intangibles (1)
Accumulated amortization of other intangibles
Revaluation of accumulated amortization of other intangibles (1)
OTHER SHORT- AND LONG-TERM ASSETS
ASSETS OF THE PLAN TO COVER EMPLOYEE BENEFITS
Long-term direct benefits
Termination benefits
Termination benefits for reasons other than restructuring
Termination benefits due to restructuring
Post-employment benefits
Pensions
Seniority premium
Other post-employment benefits
OTHERS
LIABILITIES
MARKETABLE SECURITIES LIABILITIES
BANK LOANS AND LOANS FROM OTHER ENTITIES
SHORT-TERM
LOANS FROM MULTIPLE BANKING INSTITUTIONS
LOANS FROM DEVELOPMENT BANKING INSTITUTIONS
LOANS FROM OTHER ENTITIES
LONG-TERM
LOANS FROM MULTIPLE BANKING INSTITUTIONS
LOANS FROM DEVELOPMENT BANKING INSTITUTIONS
LOANS FROM OTHER ENTITIES
SECURITIES TO BE SETTLED
CREDITORS FOR REPurchase AGREEMENTS
SECURITIES LENDING
PREMIUMS TO BE DELIVERED
COLLATERAL SOLD OR GIVEN AS GUARANTEE
REPO AGREEMENTS
OBLIGATION OF THE REPORTING ENTITY TO RETURN THE COLLATERAL TO THE
REPORTED ENTITY
Sold collateral
Government debt
Bank debt
Other debt securities
Collateral given as guarantee
SECURITIES LENDING
OBLIGATION OF THE BORROWER TO RETURN THE SECURITIES SUBJECT TO THE
OPERATION TO THE LENDER
Sold collateral
Government debt
Bank debt
Other debt securities
Equity instruments
OBLIGATION OF THE LENDER TO RETURN THE COLLATERAL TO THE
BORROWER
Sold collateral
Government debt
Bank debt
Other debt securities
Equity instruments
DERIVATIVES
SOLD COLLATERAL
Government debt
Bank debt
Other debt securities
Equity instruments
Others
OTHER SOLD COLLATERAL
DERIVATIVES
FOR TRADING PURPOSES
FUTURES TO DELIVER
Valuation
FORWARD CONTRACTS TO DELIVER
Valuation
Impairment
OPTIONS
Valuation
Impairment
SWAPS
Valuation
Impairment
PACKAGES OF DERIVATIVE INSTRUMENTS
Valuation
Impairment
FOR HEDGING PURPOSES
FUTURES TO DELIVER
Valuation
Valuation of the primary position
FORWARD CONTRACTS TO DELIVER
Valuation
Valuation of the primary position
Impairment
OPTIONS
Valuation
Valuation of the primary position
Impairment
SWAPS
Valuation
Valuation of the primary position
Impairment
PACKAGES OF DERIVATIVE INSTRUMENTS
Valuation
Valuation of the primary position
Impairment
VALUATION ADJUSTMENTS FOR HEDGING OF FINANCIAL LIABILITIES
OBLIGATIONS IN SECURITIZATION OPERATIONS
LIABILITIES FOR ADMINISTRATION OF TRANSFERRED FINANCIAL ASSETS
OTHER ACCOUNTS PAYABLE
INCOME TAXES PAYABLE
INCOME TAXES (PROVISIONAL PAYMENTS)
INCOME TAXES (ACTUAL CALCULATION)
EMPLOYEE PARTICIPATION IN PROFITS PAYABLE
CONTRIBUTIONS FOR FUTURE CAPITAL INCREASES PENDING
FORMALIZATION IN SHAREHOLDERS' MEETING
CREDITORS FOR SETTLEMENT OF OPERATIONS
FOREIGN EXCHANGE SALES AND PURCHASES
SECURITIES INVESTMENTS
REPO AGREEMENTS
SECURITIES LENDING
DERIVATIVES
CREDITORS FOR MARGIN ACCOUNTS
CREDITORS FOR CASH COLLATERAL RECEIVED
OTHER CREDITORS AND OTHER ACCOUNTS PAYABLE
COMMISSIONS PAYABLE ON ONGOING OPERATIONS
LIABILITY FOR CAPITALIZABLE LEASE
SECURITY DEPOSITS
CREDITORS FOR ACQUISITION OF ASSETS
DIVIDENDS PAYABLE
CREDITORS FOR MAINTENANCE SERVICE
VALUE ADDED TAX
OTHER TAXES AND FEES PAYABLE
TAXES AND SOCIAL SECURITY CONTRIBUTIONS WITHHELD FOR REMITTANCE
SHORT-TERM DIRECT BENEFITS
PROVISION FOR EMPLOYEE BENEFITS
Long-term direct benefits
Post-employment benefits
Pensions
Seniority premium
Other post-employment benefits
Termination benefits
Termination benefits for reasons other than restructuring
Termination benefits due to restructuring
PROVISIONS FOR DIVERSE OBLIGATIONS
Fees
Rent
Promotion and advertising expenses
Technology expenses
Other provisions
OTHER DIVERSE CREDITORS
SUBORDINATED OBLIGATIONS IN CIRCULATION
SUBORDINATED OBLIGATIONS
OF FORCED CONVERSION
OF CONVERTER DECISION
OF CONVERTER DECISION OF THE ISSUING ENTITY
NON-CONVERTIBLE
DEFERRED TAXES AND PTU (ON ACCOUNT)
DEFERRED INCOME TAXES (ON ACCOUNT)
DEFERRED EMPLOYEE PARTICIPATION IN PROFITS (ON ACCOUNT)
DEFERRED CREDITS AND ADVANCED RECEIVINGS
DEFERRED CREDITS
OTHER INCOMES TO APPLY
PREMIUM TO AMORTIZE BY PLACEMENT OF DEBT
OTHER DEFERRED CREDITS
ADVANCED RECEIVINGS
INTERESTS COLLECTED IN ADVANCE
COMMISSIONS COLLECTED IN ADVANCE
ADVANCED RECEIVINGS OF GOODS PROMISED FOR SALE OR WITH RESERVATION OF
OWNERSHIP
OTHER ADVANCED RECEIVINGS
OWNED CAPITAL
CONTRIBUTED CAPITAL
SOCIAL CAPITAL
FIXED
VARIABLE
UNPAID SOCIAL CAPITAL
FIXED
VARIABLE
INCREASE BY UPDATING PAID SOCIAL CAPITAL (1)
FIXED
VARIABLE
CONTRIBUTIONS FOR FUTURE CAPITAL INCREASES FORMALIZED IN
SHAREHOLDERS' MEETING
INCREASE BY UPDATING CONTRIBUTIONS FOR FUTURE CAPITAL INCREASES
FORMALIZED IN SHAREHOLDERS' MEETING (1)
SHARE PREMIUM
INCREASE BY UPDATING SHARE PREMIUM (1)
SUBORDINATED OBLIGATIONS IN CIRCULATION
INCREASE BY UPDATING SUBORDINATED OBLIGATIONS IN CIRCULATION (1)
EARNED CAPITAL
CAPITAL RESERVES
LEGAL RESERVE
OTHER RESERVES
INCREASE BY UPDATING CAPITAL RESERVES (1)
RESULTS OF PRIOR PERIODS
RESULT TO APPLY
RESULT FROM ACCOUNTING CHANGES AND ERROR CORRECTIONS
INCREASE BY UPDATING RESULTS OF PRIOR PERIODS (1)
RESULT FROM VALUATION OF SECURITIES AVAILABLE FOR SALE
VALUATION
RESULT FROM MONETARY POSITION (1)
EFFECT OF DEFERRED INCOME TAXES
ESTIMATE FOR NON-RECOVERABLE DEFERRED INCOME TAXES
INCREASE BY UPDATING RESULT FROM VALUATION OF SECURITIES
AVAILABLE FOR SALE (1)
RESULT FROM VALUATION OF CASH FLOW HEDGING INSTRUMENTS
VALUATION
RESULT FROM MONETARY POSITION (1)
EFFECT OF DEFERRED INCOME TAXES
ESTIMATE FOR NON-RECOVERABLE DEFERRED INCOME TAXES
INCREASE BY UPDATING RESULT FROM VALUATION OF
CASH FLOW HEDGING INSTRUMENTS (1)
ACCUMULATED EFFECT FROM CONVERSION
VALUATION
RESULT FROM MONETARY POSITION (1)
EFFECT OF DEFERRED INCOME TAXES
ESTIMATE FOR NON-RECOVERABLE DEFERRED INCOME TAXES
INCREASE BY UPDATING ACCUMULATED EFFECT FROM CONVERSION (1)
REMEDIATIONS FOR DEFINED EMPLOYEE BENEFITS
ACTUARIAL RESULTS IN OBLIGATIONS
Valuation
Result from monetary position (1)
Effect of deferred income taxes
Estimate for non-recoverable deferred income taxes
RESULT FROM RETURN OF PLAN ASSETS
Valuation
Result from monetary position (1)
Effect of deferred income taxes
Estimate for non-recoverable deferred income taxes
INCREASE BY UPDATING REMEDIATIONS FOR DEFINED
EMPLOYEE BENEFITS (1)
RESULT FROM HOLDING NON-MONETARY ASSETS
FROM VALUATION OF FIXED ASSET
INCREASE BY UPDATING RESULT FROM HOLDING NON-MONETARY
ASSETS (1)
NET RESULT
Brokerage Houses
(1) These concepts will be applicable under an inflationary economic environment based on what is established in Financial Information Standard B-10 "Effects of Inflation", issued by the Mexican Council of Financial Information Standards, A.C. (CINIF).
Brokerage Houses
Series R10 Reclassifications
Report A-1012 Reclassifications in the income statement
Includes figures in national currency, foreign currency, and UDIS valued in pesos
Figures in pesos
Concept
Balance
catalog
minimum
Proceeds from derivatives for trading
Proceeds from derivatives for hedging
Adjustments for discontinued operations
Other
compensations
Financial statement of the brokerage house
N.U. and UDIS
F.C.
Total
Debit
Credit
Debit
Credit
Debit
Credit
Debit
Credit
COMMISSIONS AND FEES CHARGED
SECURITIES SALES AND PURCHASES
TRUST ACTIVITIES
CUSTODY OR ADMINISTRATION OF ASSETS
PUBLIC OFFERINGS
OF SECURITIES REGISTERED IN THE RNV
OF OTHER SECURITIES
OPERATIONS WITH GOLD AND SILVER
FINANCIAL INTERMEDIATION
OPERATIONS WITH INVESTMENT COMPANIES
OTHER COMMISSIONS AND FEES CHARGED
INCREASE BY UPDATING COMMISSIONS AND FEES CHARGED (1)
COMMISSIONS AND FEES PAID
SECURITIES SALES AND PURCHASES
FUND TRANSFER
LOANS RECEIVED
DEBT PLACEMENT
MEXICAN STOCK EXCHANGE
FINANCIAL INTERMEDIARIES
INDEVAL
OTHER COMMISSIONS AND FEES PAID
INCREASE BY UPDATING COMMISSIONS AND FEES PAID (1)
INCOME FROM FINANCIAL ADVISORY
INCOME FROM FINANCIAL ADVISORY
INCREASE BY UPDATING INCOME FROM FINANCIAL ADVISORY
(1)
RESULT FROM SERVICES
PROFIT FROM SALES AND PURCHASES
SECURITIES FOR TRADING
SECURITIES AVAILABLE FOR SALE
SECURITIES HELD TO MATURITY
DERIVATIVES FOR TRADING PURPOSES
DERIVATIVES FOR HEDGING PURPOSES
SALE OF RECEIVED COLLATERAL
CURRENCIES
COINED PRECIOUS METALS
INCREASE BY UPDATING PROFIT FROM SALES AND PURCHASES (1)
LOSS FROM SALES AND PURCHASES
SECURITIES FOR TRADING
SECURITIES AVAILABLE FOR SALE
SECURITIES HELD TO MATURITY
DERIVATIVES FOR TRADING PURPOSES
DERIVATIVES FOR HEDGING PURPOSES
SALE OF RECEIVED COLLATERAL
CURRENCIES
COINED PRECIOUS METALS
TRANSACTION COSTS
FOR SECURITIES FOR TRADING
FOR SALES AND PURCHASES OF DERIVATIVES
INCREASE BY UPDATING LOSS FROM SALES AND PURCHASES (1)
INTEREST INCOME
INTEREST ON AVAILABILITIES
BANKS
RESTRICTED AVAILABILITIES OR GIVEN AS GUARANTEE
INTERESTS AND YIELDS IN FAVOR ARISING FROM MARGIN ACCOUNTS
CASH
SECURITIES
OTHER ASSETS
INTERESTS AND YIELDS IN FAVOR ARISING FROM SECURITIES INVESTMENTS
FOR SECURITIES FOR TRADING
FOR SECURITIES AVAILABLE FOR SALE
FOR SECURITIES HELD TO MATURITY
INTERESTS AND YIELDS IN FAVOR IN REPO OPERATIONS
INCOME ARISING FROM HEDGING OPERATIONS
PREMIUMS IN FAVOR IN SECURITIES LENDING OPERATIONS
PREMIUMS FOR DEBT PLACEMENT
MARKETABLE SECURITIES LIABILITIES
SUBORDINATED OBLIGATIONS
DIVIDENDS FROM EQUITY INSTRUMENTS
PROFIT FROM REVALUATION
PROFIT FROM REVALUATION CHANGES
REVALUATION OF INDEXED INSTRUMENTS
REVALUATION OF ITEMS IN UDIS
INCREASE BY UPDATING INTEREST INCOME (1)
INTEREST EXPENSES
INTERESTS ON MARKETABLE SECURITIES LIABILITIES
INTERESTS ON BANK LOANS AND LOANS FROM OTHER ENTITIES
INTERESTS ON SUBORDINATED OBLIGATIONS
OF FORCED CONVERSION
OF CONVERTER DECISION
OF CONVERTER DECISION OF THE ISSUING ENTITY
NON-CONVERTIBLE
INTERESTS AND YIELDS ON ACCOUNT IN REPO OPERATIONS
EXPENSES ARISING FROM HEDGING OPERATIONS
PREMIUMS ON ACCOUNT IN SECURITIES LENDING OPERATIONS
DISCOUNTS FOR DEBT PLACEMENT
MARKETABLE SECURITIES LIABILITIES
SUBORDINATED OBLIGATIONS
ISSUANCE EXPENSES FOR DEBT PLACEMENT
LOSS FROM REVALUATION
LOSS FROM REVALUATION CHANGES
REVALUATION OF INDEXED INSTRUMENTS
REVALUATION OF ITEMS IN UDIS
INCREASE BY UPDATING INTEREST EXPENSES (1)
RESULT FROM VALUATION AT FAIR VALUE
RESULT FROM VALUATION AT FAIR VALUE
SECURITIES FOR TRADING
DERIVATIVES FOR TRADING PURPOSES
DERIVATIVES FOR HEDGING PURPOSES
OF SECURITIES AVAILABLE FOR SALE IN FAIR VALUE HEDGES
SOLD COLLATERAL
LOSS FROM IMPAIRMENT OR EFFECT FROM REVERSAL OF IMPAIRMENT OF
SECURITIES AND DERIVATIVES
SECURITIES AVAILABLE FOR SALE
SECURITIES HELD TO MATURITY
DERIVATIVES
RESULT FROM VALUATION OF CURRENCIES
RESULT FROM VALUATION OF COINED PRECIOUS METALS
INCREASE BY UPDATING RESULT FROM VALUATION AT
FAIR VALUE (1)
RESULT FROM NET MONETARY POSITION (FINANCIAL MARGIN FROM
INTERMEDIATION)
RESULT FROM MONETARY POSITION ARISING FROM POSITIONS THAT
GENERATE FINANCIAL MARGIN (DEBIT BALANCE)
RESULT FROM MONETARY POSITION ARISING FROM POSITIONS THAT
GENERATE FINANCIAL MARGIN (CREDIT BALANCE)
INCREASE BY UPDATING RESULT FROM NET MONETARY POSITION
(FINANCIAL MARGIN) (1)
FINANCIAL MARGIN FROM INTERMEDIATION
OTHER INCOMES (EXPENSES) FROM OPERATION
RECOVERIES
TAXES
EXCESS IN BENEFITS TO RECEIVE IN OPERATIONS OF
SECURITIZATION
OTHER RECOVERIES
FINANCIAL COST FOR CAPITALIZABLE LEASE
CHARGES TO THE ESTIMATE FOR UNRECOVERABILITY OR DIFFICULT COLLECTION
LOSSES
FRAUDS
ACCIDENTS
OTHER LOSSES
DIVIDENDS FROM PERMANENT INVESTMENTS
DIVIDENDS FROM OTHER PERMANENT INVESTMENTS
DIVIDENDS FROM PERMANENT INVESTMENTS IN ASSOCIATES
AVAILABLE FOR SALE
DONATIONS
LOSS IN CUSTODY AND ADMINISTRATION OF ASSETS
LOSS IN TRUST OPERATIONS
LOSS FROM IMPAIRMENT OR EFFECT FROM REVERSAL OF IMPAIRMENT
OF REAL ESTATE
OF GOODWILL
OF OTHER PERMANENT INVESTMENTS VALUED AT COST
OF OTHER LONG-TERM ASSETS
OF OTHER ASSETS
INTERESTS ON ACCOUNT IN FINANCING FOR ACQUISITION OF ASSETS
PROFIT FROM SALE OF REAL ESTATE, FURNITURE, AND EQUIPMENT
CANCELLATION OF THE ESTIMATE FOR UNRECOVERABILITY OR DIFFICULT COLLECTION
CANCELLATION OF OTHER LIABILITY ACCOUNTS
INTERESTS IN FAVOR ARISING FROM LOANS TO OFFICIALS AND
EMPLOYEES
INCOME FROM LEASING
PROFIT FROM VALUATION OF BENEFITS TO RECEIVE IN
SECURITIZATION OPERATIONS
PROFIT FROM VALUATION OF ASSET FOR ADMINISTRATION OF ASSETS
TRANSFERRED
PROFIT FROM VALUATION OF LIABILITY FOR ADMINISTRATION OF ASSETS
TRANSFERRED
LOSS FROM SALE OF REAL ESTATE, FURNITURE, AND EQUIPMENT
LOSS FROM VALUATION OF BENEFITS TO RECEIVE IN
SECURITIZATION OPERATIONS
LOSS FROM VALUATION OF ASSET FOR ADMINISTRATION OF ASSETS
FINANCIAL TRANSFERRED
LOSS FROM VALUATION OF LIABILITY FOR ADMINISTRATION OF ASSETS
FINANCIAL TRANSFERRED
LOSS IN BENEFITS TO RECEIVE IN OPERATIONS OF
SECURITIZATION
OTHER ITEMS FROM INCOMES (EXPENSES) FROM OPERATION
RESULT FROM MONETARY POSITION ORIGINATED BY ITEMS NOT
RELATED TO FINANCIAL MARGIN (1)
RESULT FROM REVALUATION OF ITEMS NOT RELATED TO
FINANCIAL MARGIN
INCREASE BY UPDATING OTHER INCOMES (EXPENSES) FROM
OPERATION (1)
ADMINISTRATION AND PROMOTION EXPENSES
SHORT-TERM DIRECT BENEFITS
NET COST OF THE PERIOD DERIVED FROM EMPLOYEE BENEFITS
LONG-TERM DIRECT BENEFITS
POST-EMPLOYMENT BENEFITS
Pensions
Seniority premium
Other post-employment benefits
TERMINATION BENEFITS
Termination benefits for reasons other than restructuring
Termination benefits due to restructuring
EMPLOYEE PARTICIPATION IN PROFITS
EMPLOYEE PARTICIPATION IN PROFITS INCURRED
EMPLOYEE PARTICIPATION IN PROFITS DEFERRED
ESTIMATE FOR NON-RECOVERABLE DEFERRED PTU
FEES
RENT
PROMOTION AND ADVERTISING EXPENSES
FEES TO THE AMIB
OTHER TAXES AND FEES
NON-DEDUCTIBLE EXPENSES
TECHNOLOGY EXPENSES
DEPRECIATIONS
AMORTIZATIONS
TELEPHONES AND COMMUNICATION EXPENSES
FEES FOR INSPECTION AND SURVEILLANCE CNBV
CONSERVATION AND MAINTENANCE EXPENSES
OTHER ADMINISTRATION AND PROMOTION EXPENSES
INCREASE BY UPDATING ADMINISTRATION AND PROMOTION
EXPENSES (1)
OPERATING RESULT
PARTICIPATION IN THE RESULT OF NON-CONSOLIDATED SUBSIDIARIES AND
ASSOCIATES
RESULT OF THE PERIOD OF NON-CONSOLIDATED SUBSIDIARIES AND
ASSOCIATES
IN NON-CONSOLIDATED SUBSIDIARIES
Belonging to the financial sector
Not belonging to the financial sector
IN ASSOCIATES
Belonging to the financial sector
Not belonging to the financial sector
INCREASE BY UPDATING PARTICIPATION IN THE RESULT OF
NON-CONSOLIDATED SUBSIDIARIES AND ASSOCIATES (1)
RESULT BEFORE INCOME TAXES
INCOME TAXES INCURRED
INCOME TAXES INCURRED
INCREASE BY UPDATING INCOME TAXES INCURRED
(1)
DEFERRED INCOME TAXES
DEFERRED INCOME TAXES
ESTIMATE FOR NON-RECOVERABLE DEFERRED INCOME TAXES
INCREASE BY UPDATING DEFERRED INCOME TAXES
(1)
RESULT BEFORE DISCONTINUED OPERATIONS
DISCONTINUED OPERATIONS
DISCONTINUED OPERATIONS
INCREASE BY UPDATING DISCONTINUED OPERATIONS (1)
NET RESULT
Brokerage Houses
(1) These concepts will be applicable under an inflationary economic environment based on what is established in Financial Information Standard B-10 "Effects of Inflation", issued by the Mexican Council of Financial Information Standards, A.C. (CINIF).
SERIES R12 CONSOLIDATION
This series is integrated by two (2) reports, whose frequency of preparation and presentation must be
quarterly.
REPORTS
A-1219
Consolidation of the brokerage house's balance sheet with its subsidiaries
It refers to the eliminations that must be made in order to consolidate the information of
the brokerage house, with the information of its subsidiaries. The report presents the balance
sheet of the brokerage house, the sum of the balance sheets of the subsidiaries, the sum
disaggregated of the balances and the eliminations.
A-1220
Consolidation of the brokerage house's income statement with its subsidiaries
It refers to the eliminations that must be made in order to consolidate the information of
the brokerage house with the information of its subsidiaries. The report presents the
income
statement of the brokerage house, the sum of the income statements of the subsidiaries,
the disaggregated sum of the income statements and the eliminations.
The data referring to balances and amounts must be presented in national currency, VSM and UDIs
valued in pesos and foreign currency valued in pesos using the exchange rate indicated in the
current accounting criteria. Such amounts and balances must be presented in pesos rounded, without decimals, without commas, without periods and with positive figures. For example: $20,585.70 would be 20586.
CAPTURE FORMAT
Brokerage houses will carry out the sending of the information related to reports A-1219
Consolidation of the brokerage house's balance sheet with its subsidiaries, A-1220 Consolidation
of the
income statement of the brokerage house with its subsidiaries, described above, through
the
use of the following capture format:
REQUESTED INFORMATION
SECTION IDENTIFIER OF THE
REPORT
PERIOD
ENTITY KEY
NUMBER OF SUBSIDIARIES
SECTION FINANCIAL
INFORMATION
SUBSIDIARY KEY
CONCEPT
REPORT
BALANCE TYPE
MOVEMENT TYPE
DATA
Brokerage houses will report the information indicated in this series adjusting to the
characteristics and specifications for filling out and sending information presented in the
Interinstitutional Information Transfer System (SITI) or in that which, in its case, is made known by the
National Banking and Securities Commission (CNBV). The information must comply with SITI validations, as well
as the quality standards defined by this Commission, in addition to
presenting consistency between the
information contained in the various reports in accordance with what is established in the Appendices
corresponding, sent only once and received assuming it meets all the characteristics
required, by virtue of which it cannot be modified, generating an electronic receipt of acknowledgment from SITI.
Brokerage Houses
Series R12 Consolidation
Report A-1219 Consolidation of the brokerage house's balance sheet with its subsidiaries
Includes figures in national currency, foreign currency, and UDIS valued in pesos
Figures in pesos
Concept
Balance
Sheet of the
B.H.
Sum of the
Balance
Sheet of the
subsidiaries
Sum of the
Balance
Sheet of the
B.H. and the
subsidiaries
Eliminations
Consolidated Balance Sheet of the B.H. with its
subsidiaries
Debit
Credit
OFF-BALANCE SHEET ACCOUNTS
CLIENTS CURRENT ACCOUNTS
CLIENTS BANKS
NATIONAL CURRENCY
FOREIGN CURRENCY
CASH IN GUARANTEE FOR SECURITIES LENDING
DIVIDENDS COLLECTED FROM CLIENTS
INTERESTS COLLECTED FROM CLIENTS
SETTLEMENT OF CLIENT OPERATIONS
FOR SALE OF SECURITIES
FOR ARBITRAGE
FOR FUTURES OPERATIONS
FOR TRUSTS
S.D. INDEVAL
PREMIUMS COLLECTED FROM CLIENTS
CLIENT SETTLEMENTS WITH CURRENCIES
MARGIN ACCOUNTS
CREDIT LINES GRANTED TO CLIENTS FOR GUARANTEE FOR
SECURITIES LENDING
CREDIT LINES GRANTED TO CLIENTS FOR GUARANTEE FOR
FUTURES OPERATIONS
CREDIT LINES GRANTED TO CLIENTS FOR GUARANTEE FOR
OPTIONS
OTHER CURRENT ACCOUNTS
CLIENT INVESTMENTS DEPOSITED IN BANKS
OPERATIONS IN CUSTODY
Commercial, industrial, and service equity instruments
Equity instruments of investment companies
Government debt
Bank debt
Other debt securities
Equity instruments
Government debt
Bank debt
Other debt securities
Equity instruments
Government debt
Bank debt
Other debt securities
Cash
Government debt
Bank debt
Other debt securities
Equity instruments
Letters of credit
Government debt
Bank debt
Other debt securities
Equity instruments
Other
Government debt
Bank debt
Other debt securities
Cash
Government debt
Bank debt
Other debt securities
Equity instruments
Letters of credit
Government debt
Bank debt
Other debt securities
Equity instruments
Other
Futures
Forward contracts
Futures
Forward contracts
Valuation
Valuation
Impairment
Valuation
Impairment
Valuation
Impairment
Valuation
Impairment
Valuation
Primary position valuation
Valuation
Primary position valuation
Impairment
Valuation
Primary position valuation
Impairment
Valuation
Primary position valuation
Impairment
Valuation
Primary position valuation
Impairment
Discount to be amortized on issued securities
Financial cost to be amortized on capitalizable lease operations
Issuance expenses
Insurance to be amortized
Other deferred charges
Interest paid in advance
Commissions paid in advance
Advances or provisional tax payments
Rent paid in advance
Other prepaid expenses
Goodwill
From subsidiaries
From associates
Revaluation of goodwill (1)
From subsidiaries
From associates
Organization expenses
Revaluation of organization expenses (1)
Accumulated amortization of organization expenses
Revaluation of accumulated amortization of organization expenses (1)
Other intangibles
Revaluation of other intangibles (1)
Accumulated amortization of other intangibles
Revaluation of accumulated amortization of other intangibles (1)
Government debt
Bank debt
Other debt securities
Government debt
Bank debt
Other debt securities
Equity instruments
Government debt
Bank debt
Other debt securities
Equity instruments
Government debt
Bank debt
Other debt securities
Equity instruments
Valuation
Valuation
Impairment
Valuation
Impairment
Valuation
Impairment
Valuation
Impairment
Valuation
Primary position valuation
Valuation
Primary position valuation
Impairment
Valuation
Primary position valuation
Impairment
Valuation
Primary position valuation
Impairment
Valuation
Primary position valuation
Impairment
(1) These concepts will be applicable under an inflationary economic environment based on what is established in Financial Information Standard B-10 "Effects of Inflation", issued by the Mexican Council of Financial Information Standards, A.C. (CINIF).
Includes figures in national currency, foreign currency, and UDIS valued in pesos
Figures in pesos
| Concept | Brokerage House Income Statement | Sum of Subsidiaries' Income Statements | Sum of Brokerage House and Subsidiaries' Income Statements | Eliminations | Consolidated Brokerage House Income Statement with its Subsidiaries |
|---|---|---|---|---|---|
| Debit | Credit |
INTERESTS CHARGED IN FINANCING FOR ASSET ACQUISITION
PROFIT FROM SALE OF REAL ESTATE, FURNITURE AND EQUIPMENT
CANCELLATION OF ESTIMATE FOR UNCOLLECTABILITY OR DIFFICULT COLLECTION
CANCELLATION OF OTHER LIABILITY ACCOUNTS
INTERESTS IN FAVOR ARISING FROM LOANS TO OFFICIALS AND
EMPLOYEES
REVENUE FROM LEASING
PROFIT FROM VALUATION OF BENEFITS TO RECEIVE IN SECURITIZATION
OPERATIONS
PROFIT FROM VALUATION OF ASSET FOR ADMINISTRATION OF TRANSFERRED
ASSETS
PROFIT FROM VALUATION OF LIABILITY FOR ADMINISTRATION OF TRANSFERRED
ASSETS
LOSS ON SALE OF REAL ESTATE, FURNITURE AND EQUIPMENT
LOSS FROM VALUATION OF BENEFITS TO RECEIVE IN SECURITIZATION
OPERATIONS
LOSS FROM VALUATION OF ASSET FOR ADMINISTRATION OF TRANSFERRED
FINANCIAL ASSETS
LOSS FROM VALUATION OF LIABILITY FOR ADMINISTRATION OF TRANSFERRED
FINANCIAL ASSETS
LOSS ON BENEFITS TO RECEIVE IN SECURITIZATION OPERATIONS
OTHER ITEMS OF OPERATING INCOME (EXPENSES)
RESULT FROM MONETARY POSITION ORIGINATED BY ITEMS NOT
RELATED TO THE FINANCIAL MARGIN (1)
RESULT FROM VALUATION OF ITEMS NOT RELATED TO THE
FINANCIAL MARGIN
INCREASE FROM UPDATING OF OTHER INCOME (EXPENSES) OF THE
OPERATION (1)
ADMINISTRATION AND PROMOTION EXPENSES
SHORT-TERM DIRECT BENEFITS
NET COST OF THE PERIOD DERIVED FROM EMPLOYEE BENEFITS
LONG-TERM DIRECT BENEFITS
POST-EMPLOYMENT BENEFITS
Pensions
Seniority premium
Other post-employment benefits
TERMINATION BENEFITS
Termination benefits for reasons other than restructuring
Termination benefits due to restructuring
EMPLOYEES' PARTICIPATION IN PROFITS
EMPLOYEES' PARTICIPATION IN PROFITS INCURRED
EMPLOYEES' PARTICIPATION IN PROFITS DEFERRED
ESTIMATE FOR NON-RECOVERABLE DEFERRED PTU
FEES
RENTS
PROMOTION AND ADVERTISING EXPENSES
FEES TO THE AMIB
VARIOUS TAXES AND DUTIES
NON-DEDUCTIBLE EXPENSES
TECHNOLOGY EXPENSES
DEPRECIATIONS
AMORTIZATIONS
TELEPHONES AND COMMUNICATION EXPENSES
INSPECTION AND SUPERVISION FEES CNBV
CONSERVATION AND MAINTENANCE EXPENSES
OTHER ADMINISTRATION AND PROMOTION EXPENSES
INCREASE FROM UPDATING OF ADMINISTRATION AND
PROMOTION EXPENSES (1)
OPERATING RESULT
PARTICIPATION IN THE RESULT OF UNCONSOLIDATED SUBSIDIARIES AND
ASSOCIATES
RESULT OF THE EXERCISE OF UNCONSOLIDATED SUBSIDIARIES AND ASSOCIATES
IN UNCONSOLIDATED SUBSIDIARIES
Belonging to the financial sector
Not belonging to the financial sector
IN ASSOCIATES
Belonging to the financial sector
Not belonging to the financial sector
INCREASE FROM UPDATING OF PARTICIPATION IN THE RESULT OF
UNCONSOLIDATED SUBSIDIARIES AND ASSOCIATES (1)
RESULT BEFORE TAXES ON INCOME
TAXES ON INCOME INCURRED
TAXES ON INCOME INCURRED
INCREASE FROM UPDATING OF TAXES ON INCOME INCURRED (1)
DEFERRED INCOME TAXES
DEFERRED INCOME TAXES
ESTIMATE FOR NON-RECOVERABLE INCOME TAXES
INCREASE FROM UPDATING OF DEFERRED INCOME TAXES (1)
RESULT BEFORE DISCONTINUED OPERATIONS
DISCONTINUED OPERATIONS
DISCONTINUED OPERATIONS
INCREASE FROM UPDATING OF DISCONTINUED OPERATIONS (1)
NET RESULT
CONTROLLING INTEREST
NON-CONTROLLING INTEREST
Brokerage Houses
(1) These concepts will be applicable under an inflationary economic environment based on what is established in Financial Information Standard B-10 "Effects of Inflation", issued by the Mexican Council of Financial Information Standards, A.C. (CINIF).
SERIES R13 FINANCIAL STATEMENTS
This series is integrated by four (4) reports, whose frequency of preparation and presentation must be
quarterly for report A-1311 Statement of changes in the equity capital of the brokerage house and
A- 1316 Statement of cash flows of the brokerage house, and monthly for report B-1321 Balance sheet
of the brokerage house and B-1322 Income statement of the brokerage house .
REPORTS
A-1311
Statement of changes in the equity capital of the brokerage house
In this report, the balances of all concepts of the equity capital of the
brokerage house at the beginning of the exercise are requested, showing the movements occurred in the period
that is reported, as well as the balances of the equity capital at the end of the period, where the
movements refer to the increases or decreases of the equity capital
originated
by the decisions of the shareholders and to the recognition of comprehensive income.
A-1316
Statement of cash flows of the brokerage house
In this report, the amounts of changes occurred in the structure
financial of the brokerage house are requested. Such changes refer to the differences, classified
according to the resources generated or used by the operation, by financing activities and by investment activities, in the different items of the balance
general
initial and final of the period that is reported. Likewise, the
increase or
decrease in cash and equivalents in the period must be reflected.
B-1321
Balance sheet of the brokerage house
In this report, the total balances at the end of the period of the different
concepts that make up the balance sheet of the brokerage house are requested. The balances are found
classified into assets, liabilities, equity capital and off-balance sheet accounts.
B-1322
Income statement of the brokerage house
In this report, relevant information about the operations carried out by
the
brokerage house during the period that is reported is requested.
The information is classified into income, costs and expenses, as well as the
profit
or loss resulting in the period.
CAPTURE FORMAT
Brokerage houses will carry out the sending of information related to reports A-1311
State
of changes in the equity capital of the brokerage house and A-1316 Statement of cash flows of the
brokerage house, described above, by using the following capture format:
REQUESTED INFORMATION
SECTION REPORT IDENTIFIER
PERIOD
INSTITUTION KEY
SECTION FINANCIAL INFORMATION
CONCEPT
REPORT
BALANCE TYPE
DATA
Brokerage houses will carry out the sending of information related to reports B-1321
Balance sheet of the brokerage house and B-1322 Income statement of the brokerage house, described
above, by using the following capture format:
REQUESTED INFORMATION
SECTION REPORT IDENTIFIER
PERIOD
INSTITUTION KEY
SECTION FINANCIAL INFORMATION
CONCEPT
REPORT
DATA
Brokerage houses will report the information indicated in this series adjusting to the
characteristics and specifications for filling and sending information presented in the
Interinstitutional Information Transfer System (SITI) or in the one that in its case is made known by the
National Banking and Securities Commission (CNBV). The information must comply with SITI validations, as well
as the quality standards defined by this Commission, in addition to presenting consistency between the
information contained in the various reports in accordance with what is established in the Annexes corresponding, sent once and received assuming it meets all the characteristics
required, by virtue of which it cannot be modified, generating the SITI an electronic receipt.
Brokerage Houses
Series R13 Financial Statements
Report A-1311 Statement of changes in the equity capital of the brokerage house
Includes figures in national currency, foreign currency and UDIS valued in pesos
Figures in pesos
Concept
Participation
controlling
Contributed capital
Earned capital
Non-controlling
participation
Total Equity
Capital
Social
Capital
Contributions for
future increases of
capital formalized
in shareholders' meeting
Premium on
sale of
shares
Subordinated
obligations in circulation
Capital
reserves
Result of
previous
exercises
Result by
valuation of
securities available
for sale
Result by
valuation of
cash flow hedging
instruments
Accumulated effect
by conversion
Remediations by
defined benefits to
employees
Result by
holding of
non-monetary assets
Net result
Balance at ____ of ____ of ____
Movements inherent
to the decisions of the
shareholders
Subscription of
shares
Capitalization of
profits
Constitution of
reserves
Transfer of net result to result of
previous exercises
Payment of dividends
Others
Total of movements inherent to the
decisions of the
shareholders
Movements inherent to
the recognition of the
comprehensive income
Net result
Result by
valuation of securities
available for the
sale
Result by
valuation of
cash flow hedging
instruments
Accumulated effect by
conversion
Remediations by defined benefits to
employees
Result by holding
of non-monetary assets
Others
Total of movements inherent to the
recognition of
comprehensive income
Balance at ____ of ____ of ____
Brokerage Houses
Note: In accordance with what accounting criteria establish, the concepts that appear in this state are shown in an enumerative but not limiting manner. The opening of a greater number of concepts in order to provide a more detailed presentation of the information must be requested to the Deputy General Director of Design and Information Reception of the National Banking and Securities Commission.
Brokerage Houses
Series R13 Financial Statements
Report A-1316 Statement of cash flows of the brokerage house
Includes figures in national currency, foreign currency and UDIS valued in pesos
Figures in pesos
Concept
Amount
Net result
Adjustments for items that do not imply cash flow:
Losses from impairment or effect from reversal of impairment associated with investment activities
Depreciations of real estate, furniture and equipment
Amortizations of intangible assets
Provisions
Taxes on income incurred and deferred
Participation in the result of unconsolidated subsidiaries and associates
Discontinued operations
Others
Operating activities
Change in margin accounts
Change in securities investments
Change in repo debtors
Change in securities lending (asset)
Change in derivatives (asset)
Change in benefits to receive in securitization operations
Change in other operating assets (net)
Changes in securities liabilities
Change in bank loans and from other organisms
Change in repo creditors
Change in securities lending (liability)
Change in sold or pledged collateral
Change in derivatives (liability)
Change in obligations in securitization operations
Change in subordinated obligations with liability characteristics
Change in other operating liabilities
Change in hedging instruments (of covered items related to operating activities)
Collections of taxes on income (refunds)
Payments of taxes on income
Others
Net cash flows from operating activities
Investment activities
Collections from disposal of real estate, furniture and equipment
Payments for acquisition of real estate, furniture and equipment
Collections from disposal of subsidiaries and associates
Payments for acquisition of subsidiaries and associates
Collections from disposal of other permanent investments
Payments for acquisition of other permanent investments
Collections of cash dividends
Payments for acquisition of intangible assets
Collections from disposal of long-term assets available for sale
Collections from disposal of other long-term assets
Payments for acquisition of other long-term assets
Collections associated with hedging instruments (of covered items related to investment activities)
Payments associated with hedging instruments (of covered items related to investment activities)
Others
Net cash flows from investment activities
Financing activities
Collections from issuance of shares
Payments for capital repayments
Payments of cash dividends
Payments associated with the repurchase of own shares
Collections from the issuance of subordinated obligations with equity characteristics
Payments associated with subordinated obligations with equity characteristics
Others
Net cash flows from financing activities
Net increase or decrease in cash and cash equivalents
Effects from changes in the value of cash and cash equivalents
Cash and cash equivalents at the beginning of the period
Cash and cash equivalents at the end of the period
Brokerage Houses
Note: In accordance with what accounting criteria establish, the concepts that appear in this state are shown in an enumerative but not limiting manner. The opening of a greater number of concepts in order to
provide a more detailed presentation of the information must be requested to the Deputy General Director of Design and Information Reception of the National Banking and Securities Commission.
Brokerage Houses
Series R13 Financial Statements
Report B-1321 Balance sheet of the brokerage house
Includes figures in national currency, foreign currency and UDIS valued in pesos
Figures in pesos
Concept
Amount
OFF-BALANCE SHEET ACCOUNTS
CUSTOMERS CURRENT ACCOUNTS
CUSTOMERS BANKS
DIVIDENDS COLLECTED FROM CUSTOMERS
INTERESTS COLLECTED FROM CUSTOMERS
SETTLEMENT OF CUSTOMER OPERATIONS
PREMIUMS COLLECTED FROM CUSTOMERS
CUSTOMER SETTLEMENTS WITH CURRENCIES
MARGIN ACCOUNTS
OTHER CURRENT ACCOUNTS
CUSTODY OPERATIONS
CUSTOMER SECURITIES RECEIVED IN CUSTODY
CUSTOMER SECURITIES ABROAD
ADMINISTRATION OPERATIONS
REPO OPERATIONS FOR CUSTOMER ACCOUNT
SECURITIES LENDING OPERATIONS FOR CUSTOMER ACCOUNT
COLLATERALS RECEIVED AS GUARANTEE FOR CUSTOMER ACCOUNT
COLLATERALS DELIVERED AS GUARANTEE FOR CUSTOMER ACCOUNT
DERIVATIVES PURCHASE OPERATIONS
OF FUTURES AND FORWARD CONTRACTS OF CUSTOMERS (NOTIONAL AMOUNT)
OF OPTIONS
OF SWAPS
OF DERIVATIVE INSTRUMENT PACKAGES OF CUSTOMERS
DERIVATIVES SALE OPERATIONS
OF FUTURES AND FORWARD CONTRACTS OF CUSTOMERS (NOTIONAL AMOUNT)
OF OPTIONS
OF SWAPS
OF DERIVATIVE INSTRUMENT PACKAGES OF CUSTOMERS
MANAGED TRUSTS
OPERATIONS FOR OWN ACCOUNT
CONTINGENT ASSETS AND LIABILITIES
COLLATERALS RECEIVED BY THE ENTITY
CASH MANAGED IN TRUST
GOVERNMENT DEBT
BANK DEBT
OTHER DEBT INSTRUMENTS
EQUITY INSTRUMENTS
OTHERS
COLLATERALS RECEIVED AND SOLD OR DELIVERED AS GUARANTEE BY THE ENTITY
GOVERNMENT DEBT
BANK DEBT
OTHER DEBT INSTRUMENTS
EQUITY INSTRUMENTS
OTHERS
OTHER REGISTRATION ACCOUNTS
ASSET
AVAILABILITIES
MARGIN ACCOUNTS (DERIVATIVES)
SECURITIES INVESTMENTS
SECURITIES FOR TRADING
SECURITIES AVAILABLE FOR SALE
SECURITIES HELD TO MATURITY
REPO DEBTORS (DEBTOR BALANCE)
SECURITIES LENDING
DERIVATIVES
FOR TRADING PURPOSES
FOR HEDGING PURPOSES
VALUATION ADJUSTMENTS FOR ASSET FINANCIAL HEDGING
BENEFITS TO RECEIVE IN SECURITIZATION OPERATIONS
ACCOUNTS RECEIVABLE
REAL ESTATE, FURNITURE AND EQUIPMENT
PERMANENT INVESTMENTS
LONG-TERM ASSETS AVAILABLE FOR SALE
DEFERRED TAXES AND PTU (NET)
OTHER ASSETS
DEFERRED CHARGES, PREPAID EXPENSES AND INTANGIBLES
OTHER SHORT-TERM AND LONG-TERM ASSETS
LIABILITY
SECURITIES LIABILITIES
BANK LOANS AND FROM OTHER ORGANISMS
SHORT-TERM
LONG-TERM
SECURITIES ALLOCATED TO SETTLE
REPO CREDITORS
SECURITIES LENDING
COLLATERALS SOLD OR PLEDGED
REPOS (CREDITOR BALANCE)
SECURITIES LENDING
DERIVATIVES
OTHER SOLD COLLATERALS
DERIVATIVES
FOR TRADING PURPOSES
FOR HEDGING PURPOSES
VALUATION ADJUSTMENTS FOR LIABILITY FINANCIAL HEDGING
OBLIGATIONS IN SECURITIZATION OPERATIONS
OTHER ACCOUNTS PAYABLE
TAXES ON INCOME TO PAY
EMPLOYEES' PARTICIPATION IN PROFITS TO PAY
CONTRIBUTIONS FOR FUTURE CAPITAL INCREASES PENDING FORMALIZATION IN SHAREHOLDERS' MEETING
CREDITORS FOR SETTLEMENT OF OPERATIONS
CREDITORS FOR MARGIN ACCOUNTS
CREDITORS FOR COLLATERALS RECEIVED IN CASH
VARIOUS CREDITORS AND OTHER ACCOUNTS PAYABLE
SUBORDINATED OBLIGATIONS IN CIRCULATION
DEFERRED TAXES AND PTU (NET)
DEFERRED CREDITS AND ADVANCED CHARGES
EQUITY CAPITAL
CONTROLLING INTEREST
CONTRIBUTED CAPITAL
SOCIAL CAPITAL
CONTRIBUTIONS FOR FUTURE CAPITAL INCREASES FORMALIZED IN SHAREHOLDERS' MEETING
PREMIUM ON SALE OF SHARES
SUBORDINATED OBLIGATIONS IN CIRCULATION
EARNED CAPITAL
CAPITAL RESERVES
RESULT OF PREVIOUS EXERCISES
RESULT FROM VALUATION OF SECURITIES AVAILABLE FOR SALE
RESULT FROM VALUATION OF CASH FLOW HEDGING INSTRUMENTS
ACCUMULATED EFFECT FROM CONVERSION
REMEDIATIONS FOR DEFINED BENEFITS TO EMPLOYEES
RESULT FROM HOLDING OF NON-MONETARY ASSETS
NET RESULT
NON-CONTROLLING INTEREST
Net result corresponding to non-controlling participation
Other non-controlling participation
Brokerage Houses
(1) These concepts will be applicable under an inflationary economic environment based on what is established in Financial Information Standard B-10 "Effects of
Inflation", issued by the Mexican Council of Financial Information Standards, A.C. (CINIF).
Brokerage Houses
Series R13 Financial Statements
Report B-1322 Income statement of the brokerage house
Includes figures in national currency, foreign currency and UDIS valued in pesos
Figures in pesos
Concept
Amount
COMMISSIONS AND FEES CHARGED
COMMISSIONS AND FEES PAID
REVENUE FROM FINANCIAL ADVISORY
RESULT FROM SERVICES
PROFIT FROM PURCHASE AND SALE
LOSS FROM PURCHASE AND SALE
INTEREST INCOME
INTEREST EXPENSES
RESULT FROM FAIR VALUE VALUATION
NET MONETARY POSITION RESULT (FINANCIAL MARGIN FROM INTERMEDIATION)
FINANCIAL MARGIN FROM INTERMEDIATION
OTHER INCOME (EXPENSES) OF THE OPERATION
ADMINISTRATION AND PROMOTION EXPENSES
OPERATING RESULT
PARTICIPATION IN THE RESULT OF UNCONSOLIDATED SUBSIDIARIES AND ASSOCIATES
RESULT BEFORE TAXES ON INCOME
TAXES ON INCOME INCURRED
DEFERRED INCOME TAXES (NET)
RESULT BEFORE DISCONTINUED OPERATIONS
DISCONTINUED OPERATIONS
NET RESULT
CONTROLLING INTEREST
NON-CONTROLLING INTEREST
Brokerage Houses
(1) These concepts will be applicable under an inflationary economic environment based on what is established in Financial Information Standard B-10 "Effects of
Inflation", issued by the Mexican Council of Financial Information Standards, A.C. (CINIF).
SERIES R14 QUALITATIVE INFORMATION
This series is integrated by two (2) reports, whose frequency of preparation and presentation must be
monthly .
REPORTS
A-1413
Number of accounts
In this report, the number of accounts classified by types of accounts and ranges
of investment is requested.
A-1414
Number of employees
In this report, the initial balance, additions, reductions, and the final balance of the number of
officials and employees of the Brokerage House during the month are requested, these figures are found
classified by administrative area and operational area.
Additionally, the number of officials, employees who receive bonuses and
incentives, and the number of people who receive salaries and fees during the month are requested, classified by administrative and operational area.
CAPTURE FORMAT
Brokerage houses will carry out the sending of information related to report R14
Qualitative
Information will be carried out by means of the following format:
REQUESTED INFORMATION
SECTION REPORT IDENTIFIER
PERIOD
ENTITY KEY
CONCEPT
REPORT
SECTION IDENTIFIER
STATISTICAL INFORMATION
BALANCE TYPE
DATA
Brokerage houses will report the information indicated in this series adjusting to the
characteristics and specifications for filling and sending information presented in the
Interinstitutional Information Transfer System (SITI) or in the one that in its case is made known by the
National Banking and Securities Commission (CNBV). The information must comply with the
validations of SITI,
as well as the quality standards defined by this Commission, in addition to
presenting consistency between the
information contained in the various reports in accordance with what is
established in the Annexes corresponding, sent once and received assuming it meets all the characteristics
required, by virtue of which it cannot be modified, generating the SITI an
electronic receipt.
SERIES R18 ACCOUNTS PAYABLE
This series is integrated by two (2) reports, whose frequency of preparation and presentation must be
monthly .
REPORT
A -1811
Other accounts payable
In this report, month-end balances are requested, including national currency, UDIs
valued in pesos and foreign currency valued in pesos, of the concepts that
make up the item "other accounts payable" of the regulatory report of Minimum
Catalog, the mentioned balances are requested identified by
age of balances.
B -1821
Disaggregation of various creditors and other accounts payable
In this report, operation by operation, the initial balance, debtor movements,
creditor movements, and the final balance, that the Brokerage House has
registered in the concept of "Other Various Creditors" in the regulatory report of
Minimum Catalog must be reported. A line will be reported for each operation that the Brokerage House
has registered in the concept of "Other Various Creditors" .
The data referring to balances and amounts, must be presented in national currency, UDIs valued in
pesos and foreign currency valued in pesos, using the exchange rate indicated in the criteria
accounting. Such balances and amounts must be presented in pesos rounded, without decimals, without commas,
without
points and with positive figures. For example: 20,585.70 would be 20586.
CAPTURE FORMAT
Brokerage houses will carry out the sending of information related to report A-1811 Other
accounts payable, described above, by using the following capture format:
REQUESTED INFORMATION
SECTION REPORT IDENTIFIER
PERIOD
ENTITY KEY
CONCEPT
REPORT
SECTION IDENTIFIER OF THE
ACCOUNT PAYABLE
BALANCE TYPE
DATA
Brokerage houses will carry out the sending of information related to report B-1821
Disaggregation of various creditors and other accounts payable, described above, by using the
following capture format:
REQUESTED INFORMATION
SECTION REPORT IDENTIFIER
PERIOD
ENTITY KEY
REPORT
SECTION IDENTIFIER OF THE
CREDITOR
SEQUENCE NUMBER
MOVEMENT DATE
ACCOUNTING CLASSIFICATION
PERSON
CREDITOR KEY
ACCOUNT AGE
INITIAL BALANCE
DEBIT MOVEMENT
CREDIT MOVEMENT
FINAL BALANCE
Brokerage houses will report the information indicated in this series, adjusting to the characteristics and specifications for filling out and sending information presented in the Interinstitutional Information Transfer System (SITI) or in that which the National Banking and Securities Commission (CNBV) may make known, as applicable. The information must comply with SITI validations, as well as the quality standards defined by this Commission, and must present consistency among the information contained in the various reports in accordance with what is established in the corresponding Annexes. It must be sent only once and will be received assuming it meets all required characteristics; consequently, it cannot be modified, with SITI generating an electronic receipt of acknowledgment.
ANNEX 12
MINIMUM OPERATIONAL AND SECURITY GUIDELINES FOR
THE CONTRACTING OF TECHNOLOGICAL SUPPORT SERVICES
Brokerage houses must consider the following aspects:
I.
Operational Aspects
a.
Redundancy schemes or alternate mechanisms in point-to-point telecommunications that allow for communication links that minimize the risk of interruption in the telecommunications service.
b.
Continuity strategy for computer services that provide the entity with the capacity to process and operate systems in the event of contingencies, failures, or interruptions in telecommunications or central computer equipment and others involved in the information processing service for operations or services.
c.
Mechanisms to establish and monitor quality in information services, as well as system and application response times.
d.
Technical support scheme, in order to solve problems and incidents, independently, if applicable, of differences in time zones and business days.
e.
Mechanisms that allow the brokerage house to maintain on its premises detailed records of all operations it carries out, whether its own or third-party, at the daily close of the different products supported by the service contracted with a third party, as well as its accounting records. The records must be maintained in formats that allow their consultation and use, regardless of whether it has the service contracted by the third party.
II.
Security Aspects
a.
Measures to ensure point-to-point encrypted transmission and security elements or controls at each of the nodes involved in the sending and receiving of data.
b.
Establishment of security functions. For the purposes that the contracting brokerage house remains informed of the access and use of information, the person responsible for the internal audit functions referred to in fraction III of article 115 of these provisions or the person they designate, who must have adequate segregation of functions with respect to operational, audit, and systems areas, must administer and authorize access to the information in question. Such accesses must correspond to the need to know the information according to the documented functions of the position.
Likewise, the person referred to in the previous paragraph must always have records of the personnel who have access to information related to the operations of the brokerage house in question, including that located outside national territory, in which case such personnel must be authorized by the person responsible for the internal audit functions indicated in fraction III of article 115 of these provisions.
c.
Scheme by which the access log to information by duly authorized personnel will be maintained in an office of the contracting brokerage house.
III.
Audit and Supervision
a.
Policies and procedures regarding the carrying out of internal or external audits on the infrastructure, controls, and operation of the third party's computer center, related to the production environment for the brokerage house in question, at least once every two years in order to evaluate compliance with what is mentioned in this Annex.
b.
Control and surveillance mechanisms for access to computer systems and to the information generated, received, transmitted, processed, or stored in said systems; as well as for the logs, databases, and security configurations established for this purpose, from the installations in national territory of the contracting brokerage house.
ANNEX 18
MINIMUM REQUIREMENTS OF THE BUSINESS CONTINUITY PLAN
I.
Brokerage houses, prior to the development of the business continuity plan, must carry out a business impact analysis that:
a)
Includes all services, processes, and participants, identifying those considered critical and indispensable for the continuity of operations, among which must be included at least those necessary to carry out the activities provided for in article 171, fractions I, II, IV, V, VI, IX, XI, XXI, and XXIII of the Law.
b)
Determines the minimum human, logistical, material, technological infrastructure, and any other nature resources necessary to maintain and restore the services and processes of the brokerage house in the event of an operational contingency, as well as upon its conclusion.
c)
Develops relevant scenarios regarding possible operational contingencies, considering at least the following:
i.
Natural and environmental disasters.
ii.
Infectious diseases.
iii.
Cyberattacks or attacks on computer activity.
iv.
Sabotage.
v.
Terrorism.
vi.
Interruptions in energy supply.
vii.
Failures or unavailability in technological infrastructure (application functionality, telecommunications, information processing, and networks).
viii.
Unavailability of human, material, or technical resources.
ix.
Interruptions occurring in services provided by third parties.
d)
Estimates the quantitative and qualitative impacts of operational contingencies, based on the scenarios defined for each process and through the methodologies referred to in article 130, fraction XI of these provisions.
e)
Defines the recovery priority for each of the processes.
f)
Determines the Recovery Time Objective (known as RTO, by its English acronym), for each of the services and processes.
g)
Considers that the Recovery Point Objective, known as RPO, by its English acronym, understood as the maximum tolerable data loss for each of the services and processes, considering that information from already settled operations cannot be lost in any scenario, and that the status of each operation concluded at the moment the operational contingency occurred is known in a timely manner.
h)
Identifies and evaluates risks related to operational processes and data processing and transmission services contracted with providers, as well as those related to the custody and safeguarding of information of the brokerage house or its clients.
i)
Determines the risks derived from the geographic location of the main data processing centers and operation of the processes identified as critical according to paragraph a) of this fraction, to avoid that the alternate data processing and operation centers are exposed to the same risks as the main ones.
j)
Considers establishing alternate sites for information processing and operation, which must allow operation whenever required, and must not be subject to the same risks as the primary site.
II.
In the preparation of the business continuity plan, brokerage houses must incorporate the following strategies:
a)
Prevention, which will include at least the determination, based on the business impact analysis, of actions and procedures, relating to the following:
i.
Reducing the vulnerability of the brokerage house's processes and services against operational contingencies.
ii.
The availability of the human, financial, material, technical, and technological infrastructure resources necessary to act in a timely manner in the event of an operational contingency.
iii.
The establishment of a testing program for the functionality and sufficiency of the business continuity plan, which contemplates annual update, or earlier if there is a significant change in technological infrastructure, processes, products and services, or internal organization of the brokerage house, and which evaluates all stages and components of the business continuity plan.
iv.
The training program referred to in fraction I of article 117 Bis 9 of these provisions.
v.
The communication policy referred to in fraction II of article 117 Bis 9 of these provisions, which must address all moments of operational contingencies, from their occurrence and containment to their resolution and evaluation, this in attention to the nature of said contingency and the different recipients of its communications.
vi.
Procedures for recording, attending to, following up, and disseminating to relevant personnel the findings, incidents, or observations resulting from tests carried out on the business continuity plan or the execution of the plan itself in the event that an operational contingency has occurred.
b)
Contingency, which will include the definition of authorized response actions and procedures for:
i.
Identifying the nature of operational contingencies that affect the brokerage house's processes.
ii.
Containing the effects of operational contingencies on processes and favoring the restoration of operations to the required functioning levels, based on what is established in paragraphs f) and g) of the previous fraction I.
iii.
Ensuring operational continuity, equal conditions for the celebration of operations, equal dissemination of market information, and availability and equality for the public to consult information on operations and positions.
c)
Restoration, which will include the definition of actions and procedures for the brokerage house's services and processes to return to minimum service levels and eventually to normality, including mechanisms for updating and reconciling information, observing the standards established in paragraphs f) and g) of the previous fraction I.
d)
Evaluation, which will include the collection and analysis of relevant information on the development of the operational contingency and the actions and procedures followed for its prevention, containment, and restoration in order to, if applicable, make the necessary adjustments to the business continuity plan.
Brokerage houses, when defining the different actions and procedures referred to in this fraction, must at all times clearly determine the responsible personnel, as well as provide for their replacement or substitution in case the holders are unable to carry out what the business continuity plan establishes.
The personnel referred to in the previous paragraph must participate in the effectiveness tests referred to in article 117 Bis 8, fraction IV of these provisions.
ANNEX 19
REPORT OF EVENTS OF LOSS, EXTRACTION OR UNAUTHORIZED ACCESS TO SENSITIVE INFORMATION
I.
Brokerage House Information
Name of the brokerage house.
Address of the office(s) where the computer security incident occurred.
2.1.
City
2.2.
State
2.3.
Postal Code
Was the information involved administered by third parties? [Yes] [No]
In the affirmative:
3.1.
Name of the provider
3.2.
Provider's address
3.3.
Contact
II.
Computer Security Incident Information
Brief description of the computer security incident.
Compromised Information.
User personal information
Together with:
Names
[ ]
Account or contract numbers
[ ]
Addresses
[ ]
Passwords or personal identification numbers
[ ]
Phones
[ ]
Investment information
[ ]
Email addresses
[ ]
Balances:_____________________________
User identifiers
[ ]
Securities portfolio
Other:________________
Other: _________________________
Number of affected account(s) or contract(s). Specify the number of accounts or contracts that are blocked or suspended:
Number of
affected accounts or
contracts
Number of blocked or
suspended affected
accounts or contracts
Comments
Attach to the report the disaggregated list of affected account numbers digitally as indicated in the following table:
No.
Affected account or
contract number
Status of the affected
account or contract
(blocked,
suspended, active)
Comments
1
2
3
Date or period in which the computer security incident occurred.
Total amount in pesos known or estimated involved in the computer security incident, if applicable.
Classification of the computer security incident:
a.
Intrusion into computer equipment
[ ]
b.
Electronic fund transfer
[ ]
c.
Identity theft
[ ]
d.
Others __________________
[ ]
Amount of damage in pesos, if applicable.
Amount recovered in pesos, if applicable.
Has the computer security incident been disclosed to any local or federal authority?
[ Yes ]
[ No ]
In the affirmative:
To which authority?
On what date?
Has the incident been communicated to clients who were potentially and/or materially affected?
[ Yes ]
[ No ]
In the affirmative:
What mechanism was used? (If applicable, include example of the communication)
III.
Contact at the brokerage house
Name of the person authorized to provide information to the Commission.
Position held.
Phone.
Email.
Name and signature of the general director or
special designee
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