2019-11-25 | DOF 5579709

Added

Resolution modifying the general provisions applicable to credit institutions

The resolution amends Article 325, fraction III of the general provisions applicable to credit institutions to permit these institutions to enter into commercial commission contracts with private assistance institutions and societies or associations granting pawn loan guarantees that belong to the same consortium or business group as the credit institution. Previously, such entities were excluded from these contracts unless they were part of the same group, in which case specific rules applied. The definition of consortium and business group is aligned with Articles 22 Bis, fractions I and V of the Credit Institutions Law. This resolution entered into force the day following its publication in the Official Gazette of the Federation on November 25, 2019.

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DOF: 25/11/2019

RESOLUTION modifying the general provisions applicable to credit institutions

A seal with the National Emblem appears at the margin, which reads: United Mexican States.- GOVERNMENT OF MEXICO.-

FINANCE.- 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 46 Bis 1, first and second paragraphs of the Credit Institutions Law, as well as

4, fractions XXXVI and XXXVIII and 16, fraction I of the National Banking and Securities Commission Law,

and

CONSIDERING

That it is pertinent to flexibly adjust the regulatory framework so that credit institutions can enter into

commercial commission contracts with private assistance institutions and societies or associations that

grant loans with pawn guarantees that belong to their same consortium or business group, taking into account that with this facility they will have greater market penetration, efficiency in their operating costs, as well as certainty and security in the execution of their operations, while positively impacting financial inclusion, has resolved to issue the following:

RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO

CREDIT INSTITUTIONS

SINGLE.- Article 325, fraction III of the General Provisions Applicable to Credit Institutions, published in the Official Gazette of the Federation on December 2, 2005, is REFORMED, modified by Resolutions published in the aforementioned Official Gazette on March 3 and 28, September 15, December 6 and 8, 2006; January 12, March 23, April 26 and November 5, 2007; March 10, August 22, September 19, October 14 and December 4, 2008; April 27, May 28, June 11, August 12, October 16, November 9, and December 1 and 24, 2009; January 27, February 10, April 9 and 15, May 17, June 28, July 29, August 19, September 9 and 28, October 25, November 26 and December 20, 2010; January 24 and 27, March 4, April 21, July 5, 3 and August 12, September 30, October 5 and 27 and December 28, 2011; June 19, July 5, October 23, November 28 and December 13, 2012; January 31, April 16, May 3, June 3 and 24, July 12 of October and December 24, 2013; January 7 and 31, March 26, May 12 and 19, July 3 and 31 of September, October 24, October 30, December 8 and 31, 2014; January 9, February 5, April 30, May 27 of June, June 23, August 27, September 21, October 29, November 9 and 13, December 16 and 31 of 2015; April 7 and 28, June 22, July 7 and 29, August 1, September 19 and 28 and December 27 of 2016; January 6, April 4 and 27, May 31, June 26, July 4 and 24, August 29, October 6 and 25 of December 18, 26 and 27, 2017; January 22, March 14, April 26, May 11, June 26, July 23, August 29, September 4, October 5, November 15 and 27, 2018; April 15, July 5 and October 1, 2019, to read as follows:

" Article 325.- . . .

I. and II.

. . .

III.

Private assistance institutions and other societies or associations dedicated to the granting of loans with pawn guarantees, including those commonly known as " pawnshops ", unless they are part of the same consortium or business group to which the Institution belongs, in which case they must comply with the provisions of this section.

For the purposes of what is established in this fraction, consortium and Business Group shall be understood as provided in fractions I and V of article 22 Bis of the Law. "

TRANSITORY

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

Respectfully

Mexico City, November 14, 2019. - The President of the National Banking and Securities Commission, Adalberto Palma Gómez.- Initialled.

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