Resolution modifying the General Provisions applicable to credit institutions

DOF: 29/07/2016

RESOLUTION modifying the General Provisions applicable to credit institutions

A seal with the National Coat of Arms appears at 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 agreement of its Board of Directors and based on articles 50, 96 Bis and 97 of the Credit Institutions Law, as well as 4, fractions II, XXXVI and XXXVIII, 16, fraction I and 19 of the National Banking and Securities Commission Law, and with the prior favorable opinion of the Bank of Mexico and

CONSIDERING

That it is necessary to adjust the transitional regime regarding the calculation of capital requirements for operational risk that credit institutions must carry out, with the purpose of giving these institutions the opportunity to continue adapting their procedures and the necessary systems to calculate more precisely the operational risk to which they are exposed and, if applicable, have the adequate resources to face this type of risk, thereby avoiding that the total impact of capital requirements for operational risk affects the solvency of the aforementioned institutions, has resolved to issue the following:

RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO CREDIT INSTITUTIONS

SOLE ARTICLE.- Article Fourth Transitional is ADDED to the "Resolution modifying the General Provisions applicable to credit institutions", published in the Official Gazette of the Federation on December 31, 2014, to read as follows:

"FOURTH.- Multiple banking institutions referred to in the first paragraph of the previous Third Transitional article may opt to constitute the following percentages of their capital requirement for operational risk, in the periods indicated in the table shown below:

Period	Percentage of capital requirement for operational risk that must be maintained during the indicated term
Second Semester 2016	30%
First Semester 2017	45%
Second Semester 2017	80%
From 2018 onwards	100%

To exercise the option referred to in this transitional article, multiple banking institutions must inform the National Banking and Securities Commission in writing that they will adhere to what is provided in this transitional article, indicating whether to perform the calculation of capital requirements for operational risk they will continue with the approach they have used until before the date of publication of this Resolution or whether they will use a standard or alternative standard approach in accordance with the General Provisions applicable to credit institutions.

In any case, multiple banking institutions that opt for the application of what is provided in this transitional article must comply with it until its conclusion. Likewise, multiple banking institutions must maintain during the periods indicated in the previous table, a capital requirement for operational risk that cannot be less than that registered by said institutions on June 30, 2016, unless the respective calculation carried out in accordance with the General Provisions applicable to credit institutions results in a lower amount.

TRANSITIONAL

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

Respectfully,

Mexico City, July 26, 2016. - The President of the National Banking and Securities Commission, Jaime González Aguadé.- Signature.

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