Resolution modifying the General Provisions applicable to credit institutions

DOF: 01/10/2019

RESOLUTION modifying the General Provisions applicable to credit institutions

At the margin, a seal with the National Coat of Arms, which says: United Mexican States.- Government of Mexico.-

TREASURY.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.

The National Banking and Securities Commission, based on the provisions of Article 52, eighth paragraph of the Credit Institutions 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 to promote financial inclusion in the country, as well as to boost technological innovation, it is convenient to modify the regulatory framework applicable to credit institutions with the purpose of allowing them to provide their clients with means to carry out electronic transfers with more flexible norms, while continuing to protect their resources and the security of their information, has resolved to issue the following:

RESOLUTION MODIFYING THE GENERAL PROVISIONS
APPLICABLE TO

CREDIT INSTITUTIONS

SINGLE.- Articles 1, fractions XVI, LXVI, subsection c), CXXVII, CLXXXIII and CLXXXIV; 307, fraction III, first paragraph; 308, fourth paragraph; 310, fraction III, first paragraph and 313, fraction I, first paragraph are REFORMED; Article 314, seventh paragraph is ADDED, renumbering the remaining paragraphs in their order and as appropriate, and Article 307, fraction III, subsections a) and b) and second paragraph are REPEALED, of the "General Provisions applicable to credit institutions", published in the Official Gazette of the Federation on december 2, 2005, and modified by resolutions published in the said 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, 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, August 3 and 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, October 2 and December 24, 2013; January 7 and 31, March 26, May 12 and 19, July 3 and 31, September 24, October 30, December 8 and 31, 2014; January 9, February 5, April 30, May 27, June 23, August 27, September 21, October 29, November 9 and 13, December 16 and 31, 2015; April 7 and 28, June 22, July 7 and 29, August 1, September 19 and 28 and December 27, 2016; January 6, April 4 and 27, May 31, June 26, July 4 and 24, August 29, October 6 and 25, 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; and April 15 and July 5, 2019, to read as follows:

" Article 1.-

. . .

I. to XV.

. . .

XVI.

Mobile Banking: the Electronic Banking service, in which the Access Device is associated with univocal correspondence to the User Identifier, through any unique information or data of the Access Device itself.

XVII. to LXV.

. . .

LXVI.

. . .

a) and b)

. . .

c)

Information contained, received or generated in media or devices regarding which the User has possession, such as devices or mechanisms generators of Dynamic One-Time Passwords and Bank Cards with Integrated Circuit, which have properties that prevent the duplication of said media, devices or the information they contain or generate.

d)

. . .

LXVII. to CXXVI.

. . .

CXXVII.

Mobile Payment: the Electronic Banking service in which the Access Device is associated with univocal correspondence to the User Identifier, through any unique information or data of the Access Device itself, the Institution must obtain the information or data automatically from the corresponding Access Device and only balance inquiries may be made regarding the accounts or cards associated with the service, Monetary Operations limited to transfers of monetary resources and payments for goods or services, in both cases, up to the equivalent in national currency to the Medium-Value Monetary Operations per client, charged to the bank cards or accounts associated with them.

CXXVIII. to CLXXXII.

. . .

CLXXXIII.

Mobile Phone: Access Devices to telephone services, which have assigned a unique identification number and use cellular communication.

CLXXXIV.

Point of Sale Terminal: Access Devices to the Electronic Banking service, such as computing terminals, Mobile Phones and computer programs, among others, operated by merchants or Users, as part of the services provided by acquirers or aggregators, according to the definitions of said terms in the General Provisions applicable to payment media networks, issued jointly by the Bank of Mexico and the Commission, or those that replace them, to instruct the payment of goods or services charged to a bank card or account, or for the performance of the operations referred to in Article 319 of these provisions.

CLXXXV. to CXCVII.

. . . "

" Article 307.-

. . .

I. and II.

. . .

III.

Regarding the services mentioned in subsections a) and d) of the previous fraction I, the contracting may be carried out in accordance with the previous fractions I and II, or through the telephone service centers of the Institutions themselves, subject to what is stated in Article 310, fraction I of these provisions. In any case, for the Mobile Payment service, Institutions must authenticate clients using procedures that ensure that the client themselves is the one requesting the service.

a)

Repealed.

b)

Repealed.

Second paragraph.- Repealed.

IV. to VI.

. . . "

" Article 308.-

. . .

I. and II.

. . .

. . .

. . .

Regarding operations carried out through Point of Sale Terminals and Automated Teller Machines, the User Identifier may be the number of the bank card with which access to the Electronic Banking service is obtained. "

" Article 310 .- . . .

I. and II.

. . .

III.

Authentication Factor Category 3: It is composed of information contained, received or generated by electronic media or devices, as well as that obtained by devices generating Dynamic One-Time Passwords. Such media or devices must be provided by the Institutions to their Users and the information contained, received or generated by them must meet the following characteristics:

a) to d)

. . .

. . .

. . .

. . .

. . .

. . .

. . .

IV.

. . . "

" Article 313.-

. . .

I.

Transfers of monetary resources to Third-Party Destination Accounts or other Institutions, including the payment of credits and goods or services, as well as authorizations and instructions for direct debit of payment of goods or services.

. . .

. . .

II. to IX. . . .

. . .

. . .

. . .

. . .

. . . "

" Article 314 .- . . .

. . .

. . .

. . .

. . .

. . .

Regarding electronic payments through a scheme in which the payment is requested by the would-be recipient of the funds and the payer authorizes it from a mobile device, through an application that the Institution makes available to its Users, with the objective of accessing the Internet Banking service and there is a third party that implements validation controls of the fund recipient for the validation of the beneficiary Client accounts, prior registration of the Destination Accounts is not required nor the minimum time period referred to in this Article when such Operations are up to the equivalent to Medium-Value. For Operations for amounts greater than Medium-Value, the minimum waiting period will not apply.

. . .

. . . "

TRANSITIONAL

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

Respectfully

Mexico City, September 27, 2019.- The President of the National Banking and Securities Commission, Adalberto Palma Gómez.- Signature.

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