Resolution modifying the General Provisions applicable to brokerage houses — SHCP — MX

DOF: 03/10/2017

RESOLUTION modifying the General Provisions applicable to brokerage houses

A seal with the National Emblem appears on the margin, which reads: United Mexican States.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.

The National Banking and Securities Commission, with the prior agreement of its Board of Directors and based on the provisions of Articles 115, fraction VI, and 119, fractions II and III of the Securities Market Law; as well as Articles 4, fractions XXXVI and XXXVIII, and 16, fraction I of the National Banking and Securities Commission Law, and

CONSIDERING

That in order for the National Banking and Securities Commission to have the best available information that allows verifying the honorability and satisfactory credit history of potential shareholders, board members, and other relevant executives of a brokerage house, consistent with what is required by the Securities Market Law, it is necessary to specify the information that will be required for these purposes, which will allow for having solid brokerage houses managed under the best quality standards;

That additionally, under current provisions, persons intending to participate in the share capital of a brokerage house must present two credit information reports; the first of them, for the documentation attached to the corresponding application, and the second as an annex to the sworn statement regarding their honorability, therefore the presentation of the report in the first case is eliminated and similarly, regarding persons proposed to occupy the positions of board member, general director, or official within the two immediate hierarchies above this, as well as auditors of these financial entities, the presentation in two instances of the letter of no criminal record and the registry data report is eliminated, which will result in the simplification of the corresponding procedure, and

That it is deemed convenient that persons intending to constitute and operate as a brokerage house accompany the corresponding authorization application with the valid certification that the compliance officer to be designated as such must have in terms of the National Banking and Securities Commission Law, in order to contribute to the prevention, detection, and reporting of acts, omissions, or operations that could fall under the provisions of Articles 139 Quater or 400 Bis of the Federal Penal Code, has resolved to issue the following:

RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO BROKERAGE HOUSES

SINGLE.- Article 1 Bis, fraction VII is ADDED; and Annexes A, B, C, and D 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 said medium 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, 2013, July 2 and 11, 2013, January 30, June 5 and 30, December 19, 2014, January 6, 8 and 9, 2015, March 13, September 18, December 31, 2015, May 12, September 28, December 27, 2016, June 23, July 24 and September 5, 2017, are SUBSTITUTED, to read as follows:

"TITLES FIRST to SEVENTH

...

Annex A

Information on potential shareholders.

Annex B

Formats of sworn statement letters for persons intending to participate in the share capital of brokerage houses.

Annex C

Curriculum vitae format for persons proposed to occupy the positions of board member, general director, or official within the immediate hierarchy below that of the general director of brokerage houses.

Annex D

Formats of sworn statement letters for persons proposed to occupy the positions of board member, general director, or official within the immediate hierarchy below that of the general director of brokerage houses.

Annexes 1 to 19

..."

"Article 1 Bis.- ...

I. to VI.

...

VII.

Copy of the document issued by the Commission, in which the valid certification of the compliance officer who will be appointed by the brokerage house is stated, obtained in terms of the "General Provisions for the certification of independent external auditors, compliance officers and other professionals in matters of prevention of operations with illicit proceeds and terrorism financing" published in the Official Gazette of the Federation on October 2, 2014 and its respective modifications.

...

..."

TRANSITORY PROVISIONS

FIRST. - This Resolution will enter into force the day following its publication in the Official Gazette of the Federation.

SECOND. - Procedures and processes initiated prior to the entry into force of this Resolution will continue to be governed until their final resolution in accordance with the applicable provisions in force at their inception.

Respectfully,

Mexico City, September 15, 2017.- The President of the National Banking and Securities Commission, Jaime González Aguadé.- Signature.

ANNEX A

INFORMATION ON POTENTIAL SHAREHOLDERS

Name or potential name of the brokerage house.

Date of preparation (dd/mm/yyyy).

To be filled out by the National Banking and Securities Commission:

Reference.

This information is part of the application submitted to the National Banking and Securities Commission, its content is confidential and will be subject to review and verification.

Filling Instructions.

This form must be filled out by:
a.-
Shareholders intending to participate, directly or indirectly, with 5% or more of the share capital or to acquire control of the brokerage house. b.- Persons intending to receive as collateral, implying transfer of ownership, shares that represent more than 30% of the share capital, who will fill out the corresponding information requested for shareholders.

No blank spaces should be left; in any case, mention: None, No, I do not have, Not applicable.
All names and required data must be presented in full (e.g., persons with two names).

SECTION 1

PERSONAL IDENTIFICATION DATA

NATURAL PERSONS

First name(s).

Paternal surname.

Maternal surname.

Nationality.

Tax ID (with homoclave).

CURP (Unique Population Registry Code)

Address for hearing and receiving notifications

Street and exterior and/or interior number.

Neighborhood.

Delegation or Municipality.

Federal Entity.

Postal code.

Country.

Marital status.

Name of spouse, concubine or concubine, as well as their economic dependents.

Name of relatives in direct line ascendant and descendant up to the first degree.

IDENTIFICATION DATA

LEGAL ENTITIES, TRUSTS OR
INVESTMENT VEHICLES

Name or trade name.

Main activity.

Nationality.

Tax ID (with homoclave).

Date of constitution.

Name of legal representative.

Profession of legal representative.

Work background of legal representative.

Address for hearing and receiving notifications

Street and exterior and/or interior number.

Neighborhood.

Postal code.

Delegation or Municipality.

Federal Entity.

Country.

Name of shareholders or persons who participate with 10% or more of the share capital of the legal entity, or of the patrimony of the trust or investment vehicle.*

Shareholder
(%)

Regarding legal entities, trusts, or other investment vehicles, the direct and indirect
participations of natural persons in the capital of these must be related and broken down until the identification of the natural persons who are the ultimate beneficiaries of such participations.

Can it invest in companies according to statutes?

Yes

Has the investment in question been approved by its board of directors?

Yes

Does it have or has it had investment in financial entities?

Yes

Specify:

___ % shareholding.

Name: __________________________

SECTION 2

PARTICIPATION OF THE PERSON IN THE BROKERAGE HOUSE

Shareholder (if applicable).

___ % current shareholding.

___ % shareholding after acquisition.

___ % shareholding with which it would participate in the new entity.

Position (if applicable).

President of the board of directors.

Proprietor board member.

Independent:

YES

Alternate board member.

Independent:

YES

Secretary of the board of directors.

General director.

Legal director.

Finance director.

Commercial director.

Other(s).

Specify:

SECTION 3

PATRIMONIAL RELATIONSHIP

a) Assets and rights.

AMOUNT

(thousands of pesos)

1.- Real estate of the applicant, their spouse, concubine or concubine, as well as their economic dependents.

Total:

2.- Movable property (including motor vehicles, aircraft, and vessels) of the applicant, their spouse, concubine or concubine, as well as their economic dependents.

Total:

3.- Balances in bank accounts of national or foreign financial entities (including deposits and debt securities).

Total:

4.- Others. Including investments and other types of securities in the share capital of financial entities or legal entities with profit purposes, national or foreign.

4.1. Specify the name of the financial entity or legal entity:

4.2. Specify the percentage of shareholding: _______%.

Total:

5.- Share participation in the share capital of national or foreign financial entities or legal entities of the applicant, their spouse, concubine or concubine, as well as their economic dependents and relatives by blood, affinity, or civil up to the first degree.

Total:

6.- Sponsorships, courtesies, and donations received by the applicant, their spouse, concubine or concubine, as well as their economic dependents and relatives by blood, affinity, or civil up to the first degree.

Total:

7.- Total assets and rights (gross patrimony).

b) Debts and obligations.

8.- Mortgages, financial obligations, and loans of the applicant, their spouse, concubine or concubine, as well as their economic dependents and relatives by blood, affinity, or civil up to the first degree.

Total:

9.- Others, including economic and financial interests.

Total:

10.- Total debts and obligations.

11.- Patrimony (Subtraction of 7 minus 10).

12.- Guarantees and sureties granted.

13.- Insurance policies.

14.- Total net income of the applicant.

Amount
(Thousands of pesos).

Main source(s) of income.

Last year 20_ _.

Penultimate year 20_ _.

Antepenultimate year 20_ _.

15.- Total net income of the spouse, concubine or concubine and economic dependents of the applicant.

Amount
(Thousands of pesos)

Main source(s) of income.

Last year 20__.

Penultimate year 20__.

Antepenultimate year 20__.

16.- Comments and clarifications.

SECTION 4

ORIGIN OF RESOURCES 1

Source

Entity or person

Exact amount to contribute to the share capital, price of the shares, or amount of the obligation for which the guarantee is received, as the case may be

(%)

Own resources. Specify:

N/A

Others. Specify: (indicate if they come from loans granted by national or foreign financial entities)

Total resources:

100 %

Comments and clarifications.

1 Regarding those persons who constitute themselves as creditors with guarantee on shares series "O", representing more than ten percent of the paid-up capital of a brokerage house, the origin of the resources subject to the guaranteed obligation must be indicated.

SECTION 5

POSITIONS OR ACTIVITIES INFORMATION (NATURAL PERSONS)

1.- Positions and offices held in public or private entities by the applicant, their spouse, concubine or concubine, as well as their economic dependents and relatives by blood, affinity, or civil up to the first degree.

2.- Professional or business activities carried out by the applicant, their spouse, concubine or concubine, as well as their economic dependents and relatives by blood, affinity, or civil up to the first degree.

3.- Honorary positions and offices held by the applicant.

4.- Participation in councils and philanthropic activities of the applicant, their spouse, concubine or concubine, as well as their economic dependents and relatives by blood, affinity, or civil up to the first degree.

SECTION 6

ADDITIONAL INFORMATION

If you consider that there is any other relevant information not contemplated in the previous sections, you must list the information and comment in the following box.

Section.

Information.

SECTION 7

DECLARATIONS AND SIGNATURES

By this document, the undersigned authorizes the National Banking and Securities Commission, regarding the information provided here, to:

a)
Verify it as deemed pertinent, as well as to obtain from any other authority deemed convenient information about my person, in connection with the authorization application submitted to said Commission.

b)
Share it on a confidential basis with the National Insurance and Sureties Commission, the National Retirement Savings System Commission, the Bank of Mexico, the Tax Administration Service, the Attorney General's Office, and other authorities, for the exclusive fulfillment of their functions.

I confirm that I have read and filled out this form with care, such that I understand its content and legal implications.

I understand that providing false data will be grounds for the exclusion of the undersigned, without prejudice to the criminal or legal penalties that may apply according to the case.

I DECLARE UNDER OATH THAT THE DATA CONTAINED
IN THIS DECLARATION ARE TRUE.

Signature of the person or legal representative

NAME

DATE

SECTION 8

DOCUMENTS TO BE ATTACHED TO THE APPLICATION

NATURAL PERSONS:

Copy of valid official identification (voter credential or valid passport and in the case of foreign nationals, migratory form or passport).

In applicable cases, copy of the tax identification card.

Copy of the Unique Population Registry Code (CURP).

Copy of the professional card or certificate of studies or of the document accrediting the last degree of studies achieved.

Patrimonial situation of the last three years.

Report prepared by legal entities that provide auditing or corporate investigation services of recognized prestige, in the judgment of the National Banking and Securities Commission, on the veracity of the statements regarding the origin of the resources that make up the patrimony of the person, for which the respective documentary support must be at hand. Likewise, documentary evidence related to the referred origin of the resources must be attached to the authorization application.

Copy of the service provision contract for auditing or corporate investigation that the applicant has entered into with the legal entity referred to in the previous paragraph, which contains the terms and conditions agreed upon by the parties for the preparation of the report contained in the previous paragraph, regarding which the National Banking and Securities Commission may require modifications.

Copy of the annual tax return for the last three fiscal years.

LEGAL ENTITIES:

Certified copy of the current social statutes.

Copy of the tax identification card.

Authenticated copy by the sole administrator or by the secretary of the board of directors of the annual audited financial statements and the external auditor's report, if obliged to do so, approved by its administrative body for the last three fiscal years, or those corresponding according to the date of their constitution.

In applicable cases, authenticated copy by the secretary of the board of directors of the resolution of the administrative body that approves the subscription and payment of the shares of the brokerage house to be constituted or in which it is intended to participate.

Regarding legal entities not obliged to audit their financial statements in terms of the applicable provisions, a report prepared by legal entities that provide auditing or corporate investigation services of recognized prestige, in the judgment of the National Banking and Securities Commission, on the veracity of the statements regarding the origin of the resources that make up the patrimony of the person, for which the respective documentary support must be at hand. Likewise, documentary evidence related to the referred origin of the resources must be attached to the authorization application.

Copies of the annual tax returns for the last three fiscal years.

ANNEX B

FORMATS OF SWORN STATEMENT LETTERS FOR PERSONS INTENDING TO PARTICIPATE IN THE SHARE CAPITAL OF BROKERAGE HOUSES

I. FORMAT OF SWORN STATEMENT LETTER FOR NATURAL PERSONS

Mexico City, to

NATIONAL BANKING AND SECURITIES COMMISSION

Present,

The undersigned, (name of the person signing), by my own right and with the object of providing the information that may be necessary in relation to the authorization application [to be presented] submitted to said National Banking and Securities Commission for [the organization and operation of the brokerage house to be named ____________] [acquiring the shares representing the ______ percent of the share capital of the brokerage house named ____________] [receiving as collateral the shares that represent the ______ percent of the share capital of the brokerage house named ____________], I declare under oath as follows:

That I have a good credit history according to the credit information report with the character of special credit report in terms of the Law to Regulate Credit Information Societies, issued by the credit information society named______, and I am up to date in the fulfillment of my credit obligations, including regarding loans that have been subject to restructuring. Attached hereto, please find the special credit report of the undersigned, in which said Commission can verify that there is no non-compliance with my credit obligations, or that if there is any prevention key in this regard, from the report itself it can be appreciated:

The existence of a favorable resolution for the debtor regarding the challenge of the record in question, due to errors attributable to the users of the credit information societies that are financial entities subject to the supervision of the National Banking and Securities Commission;

The existence of payment of overdue debts as of the date of the query and evidence of sustained payment over a period of 1 year;

Payment of losses caused to a financial entity, regardless of its amount, promoted voluntarily by the creditor, or d)

The existence of judicial resolutions favorable to the creditors, in litigation with the creditors.

Likewise, I declare that I do not have nor have I had control, nor do I exercise nor have I exercised command power over an issuing society that has failed to meet its debt securities payment obligations in the securities market.

II.

That I am not nor have I been, subject to criminal proceedings for intentional crimes punishable by imprisonment of more than one year, and that, in case I have been, this concluded with an acquittal.

III.

That I have not been subject to administrative investigation or inquiry procedures before the National Banking and Securities Commission for violations of national or foreign financial laws, or before other Mexican supervisory and regulatory institutions of the financial system or of other countries, or that if I have been, these concluded with a final and definitive resolution or agreement/convention in which my exoneration was expressly determined.

IV.

That I have not been declared in civil or commercial insolvency, or that even if I have been, it was terminated due to the causes indicated in fractions I, II, or V of Article 262 of the Commercial Insolvency Law, or, regarding civil insolvency, by having paid in full to the creditors or reached an agreement with them, in terms of local laws.

V. That I am or have been a subject or party in proceedings before common or
federal jurisdictional bodies, criminal investigations, as well as any other procedure, even in other countries, individually and, if applicable, in my capacity as legal representative, board member, official, employee, or agent of any legal entity, which are indicated below: (1)

Type of procedure

Body before which the procedure is carried out

Capacity in which
I intervened

Status of the procedure, including start date and, if applicable, conclusion

Outcome of the definitive resolution, if applicable

VI.

That I have not been a shareholder, board member, auditor, general director, or relevant executive in a legal entity to which the Ministry of Finance and Public Credit, the National Banking and Securities Commission, the National Insurance and Sureties Commission, or the National Retirement Savings System Commission, have denied the concession, authorization, or registration, nor has the authorization to acquire shares representing the share capital of societies supervised by said National Commissions been denied to me.

VII.

That I have not been a shareholder, board member, auditor, or relevant executive in a financial entity to which the concession or authorization has been revoked, or the registration canceled, nor has the authorization to acquire shares representing the share capital of societies that enjoy the concession, authorization, or registration of the Ministry of Finance and Public Credit, the National Banking and Securities Commission, the National Insurance and Sureties Commission, or the National Retirement Savings System Commission been denied to me.

The undersigned authorizes the National Banking and Securities Commission to, if applicable, verify before Mexican financial entities, credit information societies, the Institute for the

Protection of Bank Savings and any competent authority, the veracity of the statements contained in this writing, regarding any type of operations, in terms and with the breadth referred to in articles 142 of the Credit Institutions Law, 192 and 295 of the Securities Market Law, 55 of the Investment Funds Law and others that may be applicable.

Likewise, I authorize the said Commission for the time that I serve as a shareholder of the brokerage house in question or, if I maintain in guarantee shares representing its share capital, in the event that said Commission finds out by any means that I ceased to be in the circumstances of fractions I to IV and VI and VII above, or if I have news that I am in a process before any judicial body, verify and request the corresponding information.

The statements under oath contained in this document are made for the purpose of allowing that National Banking and Securities Commission to have elements of judgment to evaluate the moral and economic solvency of the signatory and to determine, if applicable, in the exercise of the discretionary power conferred by articles 114 and 119, fractions II and III of the Securities Market Law on that authority, if it is prudent and opportune that [participate as a shareholder in the share capital of the brokerage house to be named ___________] [participate as a shareholder in the share capital of the brokerage house named ___________] [receive in guarantee the shares of the share capital] of the brokerage house named ___________, with the proposed shareholding percentages [to be proposed] in the authorization request we are concerned with.

Sincerely,

(Name and signature of the interested party)

Filling Instructions:

Fill in the blanks and provide the information indicated in parentheses, as appropriate.

Attach the credit information report, with the character of special credit report in terms of the Law to Regulate Credit Information Societies. In the event that the persons have not resided in the national territory during a period of six years prior to the date of the authorization request, the equivalent document to the credit information report issued in their country of residence must be presented. The aforementioned documents must have an issue date no more than three months prior to the date of such request.

In the event that the interested party is not able to make any of the statements referred to in fractions I to IV of this letter, they must express in the corresponding number this circumstance, detailing the facts, acts and reasons that prevent them or for which they do not fit in the referred circumstances.

In the event that the person has caused damage, loss or detriment to assets, directly or through an intermediary person, to the detriment of financial entities due to non-compliance with obligations under their charge or of discounts, forgiveness or discounts received regarding credits, unless these had been under general programs implemented by the financial entities themselves or the Federal Government, the interested party must declare this situation, indicating the terms and characteristics of the credit in question, with indication of the lending entity, as well as a detailed description of the circumstances under which the damage, loss or detriment to assets occurred.

For the purposes of the foregoing, it will be understood that a natural person acted through the interposition of a legal person, when the first has or has had control of the second, or when it exercises or has exercised command power over the society or association in question.

5 .

In the event that the person has caused damage, loss or detriment to assets to the detriment of issuing societies in the securities market in which they exercise or have exercised control or have or have had command power, due to non-compliance with payment obligations contracted with these, the interested party must declare this situation, indicating the terms and characteristics of the operation in question, with indication of the issuing society, as well as a detailed description of the circumstances under which the damage, loss or detriment to assets occurred.

6 .

In the event that the person has been a shareholder, counselor, commissioner, general director or relevant executive in a legal person to which the Ministry of Finance and Public Credit, the National Banking and Securities Commission, the National Insurance and Surety Commission or the National Retirement Savings System Commission, have denied the concession, authorization, registration; have revoked the concession or authorization, or canceled the registration, or have denied the authorization to acquire shares representing the share capital of said legal persons, they must declare this situation, indicating a detailed description of the circumstances under which the concession, authorization, registration or the authorization to acquire shares representing the share capital was revoked, canceled or denied.

7 .

Accompany a document issued by a legal person of recognized prestige in the judgment of the National Banking and Securities Commission, which provides legal services and in which the information indicated in the previous fraction V is stated, noting that it had the supporting documentation for it, in case a procedure has been declared.

8 .

Attach a copy of the legal services contract that the applicant has celebrated with the legal person referred to in the previous number, which contains the terms and conditions agreed between the parties for the issuance of the document contained in the previous number, regarding which the National Banking and Securities Commission may require modifications.

9 .

Attach their curriculum vitae in which the reasons or causes for the termination of the labor relationships presented in this information are detailed.

10.

Attach the registry data report issued by the Attorney General's Office of the Republic or the General Prosecutor's Office that replaces it, as well as the letter of no criminal records issued by the Justice Prosecutor's Office or the State Prosecutor's Office of the place of their residence and of the State where they have their main place of business. In the case of persons residing in Mexico City, the letter of no criminal records will be the one issued by the Ministry of the Interior through the National Security Commission, and for persons who do not reside or have not resided in national territory for a period greater than three months, in substitution of the report and the letter mentioned, they must present the equivalent documents to those previously indicated, issued in the country of their residence. In the event that, to process the documents referred to in this number, the interested parties require a formal petition issued by the Commission, they must request it in writing to the said Commission.

II. FORMAT OF SWORN LETTER FOR LEGAL ENTITIES

Mexico City, to

NATIONAL BANKING AND SECURITIES COMMISSION

Present,

(Name or corporate name of the legal person), through its representative (name of the legal representative), personality that accredits through power contained in (data of the deed and its registration in the Public Registry of Commerce), declares under oath and with the object of providing the information that may be necessary in relation to the authorization request [to be presented] presented before that National Banking and Securities Commission for [the organization and functioning of the brokerage house to be named ____________] [acquire the shares that represent the ______ percent of the share capital of the brokerage house named ____________] [receive in guarantee the shares that represent the ______ percent of the share capital of the brokerage house named ____________], the following:

That it has a good credit history according to the credit information report with the character of special credit report in terms of the Law to Regulate Credit Information Societies, issued by the credit information society named______, and is up to date in the fulfillment of its credit obligations, including regarding credits that have been subject to restructuring. Attached to the present, please find the special credit report in which that Commission can verify that there is no non-compliance with credit obligations, or if there is any key of prevention in this sense, from the report itself it can be appreciated:

The existence of a favorable resolution for the debtor due to the challenge of the registration in question, due to errors attributable to the users of the credit information societies that are financial entities subject to the supervision of the National Banking and Securities Commission;

The existence of payment of overdue debts on the date of the consultation and evidence of sustained payment in a period of 1 year;

Payment of damages caused to a financial entity, regardless of its amount, promoted voluntarily by the lender, or

The existence of favorable judicial resolutions for the lenders, before litigation with the creditors.

Likewise, we declare that our represented party has not failed to comply with its payment obligations on debt titles in the securities market, nor exercises or has exercised command power of an issuing society that has done so.

II.

That it has not been subject to investigation or administrative investigation procedures before the National Banking and Securities Commission for serious infractions to national or foreign financial laws, or before other Mexican supervisory and regulatory institutions of the financial system or of other countries, or if it has been, these had as conclusion a firm and definitive resolution or agreement/convention in which its exoneration was expressly determined.

III.

That it has not been declared in civil or commercial bankruptcy, or even if it has been, this was terminated by the causes indicated in fractions I, II or V of article 262 of the Commercial Bankruptcy Law, or, regarding civil bankruptcy, by having paid in full to the creditors or entered into an agreement with them, in terms of local laws.

IV .

That it is or has been a subject or party in processes before judicial bodies of the common or federal order, criminal investigations, as well as any other procedure, which are indicated below: (2)

Type of procedure

Body before which the procedure is carried out

Character with which intervened

Status of the procedure, including start date and, if applicable, conclusion

Sense of the final resolution, if applicable

V .

That it has not been a shareholder of a legal person to which the Ministry of Finance and Public Credit, the National Banking and Securities Commission, the National Insurance and Surety Commission or the National Retirement Savings System Commission, have denied the concession, authorization or registration.

VI .

That it has not been a shareholder of a financial entity to which the concession, authorization or registration has been revoked by the Ministry of Finance and Public Credit, the National Banking and Securities Commission, the National Insurance and Surety Commission or the National Retirement Savings System Commission.

The signatory of the present on behalf of its represented party authorizes the National Banking and Securities Commission to verify, if applicable, before Mexican financial entities, credit information societies, the Bank Savings Protection Institute and any competent authority, the veracity of the statements contained in this writing, regarding any type of operations, in terms and with the breadth referred to in articles 142 of the Credit Institutions Law, 192 and 295 of the Securities Market Law, 55 of the Investment Funds Law and others that may be applicable.

Likewise, I authorize the said Commission for the time that my represented party serves as a shareholder of the brokerage house in question or, if it maintains in guarantee shares representing its share capital, in the event that said Commission finds out by any means that it ceased to be in the circumstances of fractions I to III and V and VI above, or if it has news that it is in a process before any judicial body, verify and request the corresponding information.

The statements under oath contained in this document are made for the purpose of allowing that National Banking and Securities Commission to have elements of judgment to evaluate the moral and economic solvency of my represented party and to determine, if applicable, in the exercise of the discretionary power conferred by articles 114 and 119, fractions II and III of the Securities Market Law on that authority, if it is prudent and opportune that [participate as a shareholder in the share capital of the brokerage house to be named ___________] [participate as a shareholder in the share capital of the brokerage house named ___________] [receive in guarantee the shares of the share capital of the brokerage house named ___________), with the proposed shareholding percentages [to be proposed] in the authorization request we are concerned with.

Sincerely,

(Name and signature of the legal representative)

(Name or corporate name of the legal person)

Filling Instructions:

Fill in the blanks and provide the information indicated in parentheses, as appropriate.

Attach the credit information report, with the character of special credit report in terms of the Law to Regulate Credit Information Societies, with an issue date no more than three months prior to the date of request.

In the event that the interested party is not able to make any of the statements referred to in fractions I to III of this letter, they must express in the corresponding number this circumstance, detailing the facts, acts and reasons that prevent them or for which they do not fit in the referred circumstances.

For the purposes of the foregoing, it will be understood that a legal person acted through the interposition of another legal person, when the first has or has had control of the second, or when it exercises or has exercised command power over the society or association in question.

5 .

6 .

In the event that the person has been a shareholder in a legal person to which the Ministry of Finance and Public Credit, the National Banking and Securities Commission, the National Insurance and Surety Commission or the National Retirement Savings System Commission have denied the concession, authorization or registration, or if it has been revoked, they must declare this situation, indicating a detailed description of the circumstances under which the concession, authorization or registration was revoked or denied.

7 .

Accompany a document issued by a legal person of recognized prestige in the judgment of the National Banking and Securities Commission, which provides legal services and in which the information indicated in the previous fraction IV is stated, noting that it had the supporting documentation for it, in case a procedure has been declared.

ANNEX C

CURRICULUM INFORMATION FORMAT FOR PERSONS PROPOSED TO OCCUPY THE POSITIONS OF COUNSELOR, GENERAL DIRECTOR OR OFFICIAL WITHIN THE IMMEDIATE LOWER HIERARCHY OF THE GENERAL DIRECTOR OF BROKERAGE HOUSES

Name of the brokerage house.

Date of preparation (dd/mm/yyyy)

This information is part of the request presented to the National Banking and Securities Commission, its content is confidential and may be subject to review and verification.

Filling Instructions.

This format must be filled out by:

Counselors.

General director.

Officials who hold positions with the hierarchy immediately inferior to that of General Director.

No spaces should be left blank, in any case mention: None, No, I don't have, Not applicable.

All names and data required must be presented in full (e.g. persons with two names).

SECTION 1

PERSONAL IDENTIFICATION DATA

Name(s).

Paternal surname.

Maternal surname.

Nationality.

RFC (with homoclave)

Unique Population Registry Key

(CURP)

Address for hearing and receiving notifications

Street and exterior and/or interior number.

Neighborhood.

Delegation or Municipality.

Federative Entity.

Postal code.

Country.

Marital status.

Name of spouse or concubine (rio).

Name of relatives in ascending and descending line up to the fourth degree.

SECTION 2

PERSON'S PARTICIPATION IN THE BROKERAGE HOUSE

Position.

President of the board of directors.

Proprietor counselor.

Independent:

YES

Substitute counselor.

Independent:

YES

Secretary of the board of directors.

General director.

Finance director.

Legal director.

Commercial director.

Other(s).

Specify:

SECTION 3

ACADEMIC EXPERIENCE

Institution

Date

Degree

SECTION 4

PROFESSIONAL EXPERIENCE (FIVE YEARS OF EXPERIENCE IN THE MATTER)

Institution

Period

Position

SECTION 5

ADDITIONAL INFORMATION

If you consider that there is any other relevant information not contemplated in the previous sections, you must list the information and comment in the following box.

Section.

Information.

SECTION 6

STATEMENTS AND SIGNATURES

By this means, the undersigned authorizes the National Banking and Securities Commission, regarding the information provided here, to:

Verify it as it deems appropriate, as well as to obtain from any other authority it deems convenient information about my person, due to the authorization request presented before that Commission .

Share it with a confidential character with the National Insurance and Surety Commission, National Retirement Savings System Commission, the Bank of Mexico, the Tax Administration Service, the Attorney General's Office of the Republic and other authorities, for the exclusive fulfillment of their functions.

I confirm that I have read and filled out this format with care, such that I understand its content and legal implications.

I understand that providing false data will be grounds for considering that the legal requirements are not met to occupy the positions referred to in this Annex, without prejudice to the penalties or legal sanctions that may proceed according to the case.

I DECLARE UNDER OATH THAT THE DATA CONTAINED
IN THIS DECLARATION ARE TRUE

Signature of the person or legal representative

NAME

DATE

SECTION 7

DOCUMENTS TO BE ATTACHED TO THE APPLICATION

Copy of valid official identification (voter ID or valid passport and in case of foreign nationals, migratory form or passport).

2 .

Copy of the tax identification card and of the Unique Population Registry Key.

Documentation supporting the information referred to in Sections 3 and 4 of this Annex.

Curriculum Vitae.

ANNEX D

SWORN LETTER FORMATS FOR PERSONS PROPOSED TO OCCUPY THE POSITIONS OF COUNSELOR, GENERAL DIRECTOR OR OFFICIAL WITHIN THE IMMEDIATE HIERARCHY INFERIOR TO THE GENERAL DIRECTOR OF BROKERAGE HOUSES

I. PERSONS PROPOSED AS COUNSELORS IN BROKERAGE HOUSES

Mexico City, to

NATIONAL BANKING AND SECURITIES COMMISSION

Present,

The undersigned, (name of the person signing), by my own right and in relation to the authorization request presented before that Commission for the organization and operation of the brokerage house to be named ( _____________________ ), in which I would be proposed to serve as counselor, through the present I manifest UNDER OATH THAT I SPEAK THE TRUTH:

That I do not fall into any of the following circumstances established in Article 124 of the Securities Market Law, as an impediment to being a counselor of a brokerage house:

Being an official or employee of the brokerage house (with the exception of the general director and of the officials of the society that hold any administrative position immediately inferior to that of the latter, without these being able to constitute more than one third of the board of directors).

Being spouse, concubine or concubine of any other of the counselors. Likewise, not having kinship by blood, affinity or civil up to the fourth degree, with more than two counselors.

Having pending litigation with any of the persons requesting authorization for the organization and operation of the brokerage house in question.

Having been sentenced for property crimes; disqualified from exercising commerce or for to hold an employment, position or commission in public service, or in the financial system

mexicano.

Having been declared bankrupt or in bankruptcy proceedings (without having been rehabilitated).

Being a public servant who performs inspection and surveillance functions, or regulation functions for brokerage houses.

Having held the position of external auditor for any of the companies that make up the business group to which the brokerage house would belong, during the twelve months immediately preceding.

II.

That I am not in any of the restriction or incompatibility situations provided for in the applicable legislation.

III.

That I have no conflict of interest or interest opposed to that of the persons requesting authorization for the organization and operation of the referred brokerage house (nor, if applicable, with any of the companies that are part of the financial group to which the brokerage house would belong).

IV.

That I am up to date with my credit obligations of any kind, which I evidence with the credit information report with the character of special credit report in terms of the Law to Regulate Credit Information Societies, with an issuance date not older than three months prior to the date of this application.

That I know the rights and obligations I would assume upon accepting the appointment as board member of the brokerage house to be named ( ____________________ ) and that I have the necessary experience to perform said position.

VI .

That I am or have been a subject or party before common or federal jurisdictional bodies, criminal investigations, as well as any other procedure, even in other countries, individually and, if applicable, in my capacity as legal representative, board member, official, employee, or broker of any legal entity, which are indicated below: (3)

Type of procedure

Body before which the procedure is carried out

Capacity in which
I intervened

Status of the procedure, including start date and, if applicable, conclusion

Outcome of the definitive resolution, if applicable

VII .

That I meet the requirements of technical quality, honorability, and satisfactory credit history, as well as extensive experience and knowledge in financial matters in accordance with the general provisions applicable issued by the National Banking and Securities Commission.

VIII .

That I have not been a shareholder, board member, commissioner, general director, or relevant executive in a legal entity to which the Ministry of Finance and Public Credit, the National Banking and Securities Commission, the National Insurance and Surety Commission, or the National Retirement Savings System Commission, have denied the concession, authorization, or registration, nor has authorization been denied to me to acquire shares representing the social capital of societies supervised by said National Commissions.

IX .

That I have not been a shareholder, board member, commissioner, or relevant executive in a financial entity whose concession or authorization has been revoked, or registration cancelled, nor has authorization been denied to me to acquire shares representing the social capital of societies that enjoy the concession, authorization, or registration of the Ministry of Finance and Public Credit, the National Banking and Securities Commission, the National Insurance and Surety Commission, or the National Retirement Savings System Commission.

I authorize the National Banking and Securities Commission to verify and request the corresponding information during the time I serve as board member of the brokerage house in question, or in case the Commission learns by any means that I no longer meet the conditions of paragraphs I to V and VII to IX above, or if I have news that I am in a process before any jurisdictional body.

Sincerely,

(NAME AND SIGNATURE)

Annexes. - Credit information report, with the character of special credit report in terms of the Law to Regulate Credit Information Societies. In case the persons have not resided in national territory during a period of six years prior to the date of the authorization request, the equivalent document to the credit information report issued in their country of residence must be presented. The referred documents must have an issuance date not older than three months prior to the date of such request.

Attach a document issued by a legal entity of recognized prestige, in the judgment of the National Banking and Securities Commission, that provides legal services, in which the information indicated in the previous paragraph VI is stated, noting that it had the supporting documentation for it, in case a procedure was declared.

Attach a copy of the legal services contract that the applicant has celebrated with the legal entity referred to in the previous paragraph, which contains the terms and conditions agreed upon between the parties for the issuance of the document contained in the previous paragraph, regarding which the National Banking and Securities Commission may require modifications.

Attach the registry data report issued by the Attorney General's Office of the Republic or the General Prosecutor's Office that substitutes it, as well as the letter of no criminal records issued by the State Attorney General's Office or Prosecutor's Office of the place of residence and the State where the main business seat is located. In the case of persons residing in Mexico City, the letter of no criminal records will be the one issued by the Ministry of the Interior through the National Security Commission, and for persons who do not reside or have not resided in national territory for a period greater than three months, in substitution of the mentioned report and letter, they must present the equivalent documents to those indicated above, issued in the country of their residence. In the event that, to process the documents referred to in this numeral, the interested persons require a formal petition issued by the Commission, they must request it in writing to the Commission itself.

II.

PERSONS PROPOSED TO OCCUPY THE POSITION OF GENERAL DIRECTOR OR

OFFICIAL WITHIN THE IMMEDIATE HIERARCHY LOWER THAN THAT OF THE GENERAL

DIRECTOR, IN BROKERAGE HOUSES.

Mexico City, to

NATIONAL BANKING AND SECURITIES COMMISSION

Present,

The undersigned, ( name of the person signing ), by my own right and in relation to the authorization request presented before this Commission for the organization and operation of the brokerage house to be named ( _______________________ ), in which I would be proposed to perform (corresponding position), through this I declare UNDER OATH OF TRUTH:

That I reside in Mexican territory.

II.

That I have provided at least five years of my services in high-level decision-making positions, whose performance required knowledge and experience in financial and administrative matters.

III.

That I am not in any of the following situations established in Article 124 of the Securities Market Law, as an impediment to be a high-level executive of a brokerage house:

Having pending litigation with any of the persons requesting authorization for the organization and operation of the brokerage house in question.

Having been sentenced for property crimes; disqualified from exercising commerce or from holding an employment, position, or commission in public service, or in the Mexican financial system.

Having been declared bankrupt or in bankruptcy proceedings (without having been rehabilitated).

Being a public servant who performs inspection and surveillance functions, or regulation functions for brokerage houses.

Having held the position of external auditor for any of the companies that make up the business group to which the brokerage house would belong, during the twelve months immediately preceding.

IV .

That I am not in any of the restriction or incompatibility situations provided for in the applicable legislation.

VI .

VII .

That I know the rights and obligations I would assume upon accepting the appointment as (corresponding position) of the brokerage house to be named ( ______________________ ) and that I have the necessary experience to perform said position.

VIII

Type of procedure

Body before which the procedure is carried out

Capacity in which I intervened

Status of the procedure, including start date and, if applicable, conclusion

Outcome of the definitive resolution, if applicable

IX .

X .

XI .

I authorize the National Banking and Securities Commission to verify and request the corresponding information during the time I serve as general director or official within the immediate hierarchy lower than that of the general director of the brokerage house in question, or in case the Commission learns by any means that I no longer meet the conditions of paragraphs I to VII and IX to XI above, or if I have news that I am in a process before any jurisdictional body.

Sincerely,

(NAME AND SIGNATURE).

Attach a document issued by a legal entity of recognized prestige, in the judgment of the National Banking and Securities Commission, that provides legal services, in which the information indicated in the previous paragraph VIII is stated, noting that it had the supporting documentation for it, in case a procedure was declared.

Only for the case in which the undersigned has been a subject of some process before common or federal jurisdictional tribunals, criminal investigations, as well as any other that by its relevance must be declared by the applicant. Otherwise, the fields must be filled with "N/A".

Only for the case in which the legal entity has been a subject of some process before common or federal jurisdictional tribunals, criminal investigations, as well as any other that by its relevance must be declared by the applicant. Otherwise, the fields must be filled with "N/A".

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