Resolution modifying the general provisions applicable to credit institutions

DOF: 09/06/2020

RESOLUTION modifying the general provisions applicable to credit institutions

A seal bearing the National Emblem appears at the margin, stating: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.

The National Banking and Securities Commission, based on the provisions of the Fifth Transitory Article of the Decree reforming and adding various provisions of the Credit Institutions Law and the Federal Civil Code published in the Official Gazette of the Federation on March 27, 2020; as well as Articles 4, sections XXXVI and XXXVIII, and 16, section I of the National Banking and Securities Commission Law, and

CONSIDERING

That in accordance with Article 78 of the General Law for Regulatory Improvement and with the aim of reducing the compliance cost of this modifying resolution, the National Banking and Securities Commission, through the issuance of the new regulatory body titled "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 November 1, 2019, eliminated certain requirements to obtain certification in matters of illicit proceeds and terrorism financing, such as the obligation to present the degree or professional license of applicants for the certification contest;

That in order to continue with the National Financial Inclusion Plan and foster the reduction of cash usage, on March 27, 2020, the Decree reforming and adding various provisions of the Credit Institutions Law and the Federal Civil Code was published in the Official Gazette of the Federation, with the objective of providing for the opening of bank deposit accounts for adolescents, without the intervention of their representatives, starting from fifteen years of age completed;

And in concordance with the foregoing and in order to promote and facilitate the opening of said accounts by granting legal certainty to credit institutions, as well as to address what is provided in the Fifth Transitory Article of the aforementioned Decree, it has resolved to issue the following:

RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO CREDIT INSTITUTIONS

SOLE. Article 51 Bis 13 of the "General Provisions Applicable to Credit Institutions," published in the Official Gazette of the Federation on December 2, 2005, and last reformed by resolution published in the cited Gazette on April 9, 2020, is ADDED, to read as follows:

"Article 51 Bis 13.- Institutions that open the accounts referred to in the third paragraph of Article 59 of the Law, in the contracts or documents they use for such effect, shall obtain from the adolescent their consent so that the Institution may inform their mother, father, or tutor about the opening of said account and communicate to them that they can request and consult the statements and movements of the referenced deposit accounts.

Institutions shall establish the means by which the mother, father, or tutor may request the statements and movements of the accounts referred to in this article.

When Institutions contractually agree with persons who, in substitution of said Institutions, integrate and preserve the identification files of adolescents in the opening of this type of account, they may agree that these persons inform the mother, father, or tutor of the account opening; observing for this purpose what is provided in the general provisions referred to in Article 115 of the Law issued by the Ministry of Finance and Public Credit.

In any case, obtaining the consent referred to in the first paragraph of this article will be a condition for carrying out the opening of the account."

TRANSITORY ARTICLES

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

SECOND. Credit institutions shall have 6 months from the entry into force of this modifying resolution to make the pertinent changes in their contracts or documents for compliance with what is stated in Article 51 bis 13 added by this resolution.

Respectfully,

Mexico City, May 20, 2020. - The President of the National Banking and Securities Commission, Juan Pablo Graf Noriega.- Signature.

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