Resolution modifying the general provisions applicable to credit institutions

DOF: 14/03/2018

RESOLUTION that modifies the general provisions applicable to credit institutions

At the margin, a seal with the National Coat of Arms, 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, based on

the provisions of Article 50 of the Credit Institutions Law, as well as 4, fractions XXXVI and XXXVIII,

16, fraction I and 19 of the National Banking and Securities Commission Law, having received the prior favorable opinion

of the Bank of Mexico, in terms of the provisions of Article 50, fifth paragraph of the Law of

Credit Institutions, and

CONSIDERING

That it is necessary to modify the methodology for designating the degree of systemic importance of

multiple banking institutions, in order to incorporate off-balance sheet accounts as part of total

assets and adjust the definition of the indicator used to consider the value of the position

in derivatives, with the object of providing greater stability to said methodology and its indicators, with the

purpose of ensuring the financial stability of the banking system as a whole and strengthening the capital with which

these institutions count, has resolved to issue the following:

RESOLUTION THAT MODIFIES THE GENERAL PROVISIONS

APPLICABLE TO THE

CREDIT INSTITUTIONS

SOLE.- The Annexes 1T and 1T Bis of the "General provisions applicable to credit institutions", published in the Official Gazette of the Federation

on December 2, 2005,

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, 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, 9 and 15

of

April, 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

of June, 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

of January, April 4 and 27, May 31, June 26, July 4 and 24, August 29, October 6 and 25, December 18, 26 and 27

of December 2017, and January 22, 2018, to read as follows:

TITLE FIRST TO TITLE FIFTH

...

ANNEX 1 to 1-S

...

ANNEX 1-T

Methodology for designating the degree of systemic importance of multiple banking

institutions.

ANNEX 1-T Bis

Information sources to calculate the capital supplement for systemic

importance.

ANNEXES 1-T Bis 1 to 71

...

TRANSITORY PROVISIONS

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

SECOND.-

For the construction of the indicator "15 Value of the position in derivatives" provided for in Annex 1-T Bis "Information Sources to calculate the capital supplement for systemic importance" of the present Resolution, the information from the Regulatory Report Series R01 "Minimum Catalog" of the
Annex 36 of the "General provisions applicable to credit institutions" published in the
Official Gazette of the Federation on December 2, 2005 and its respective modifications, relative to the positive positions (buy) and negative positions (sell) of the derivatives of the credit institutions will be used, until such time as the Bank of Mexico publishes the information on the notional positions of the financial derivative instruments of the credit institutions.

Respectfully

Mexico City, March 7, 2018. - National Banking and Securities Commission: the President, José Bernardo González Rosas.- Rubric.

ANNEX 1-T

METHODOLOGY FOR DESIGNATING THE DEGREE OF SYSTEMIC IMPORTANCE OF THE

INSTITUTIONS

OF MULTIPLE BANKING

I.

The Commission will apply the methodology contained in this annex to designate those institutions of multiple banking whose bankruptcy has a negative effect on the entire Mexican financial system, as well as on the country's economy as a whole. The designation as Local Systemic Importance Multiple Banking Institution will be submitted to the approval of the Board of Directors of the Commission.

To this effect, in its application, the aspects specific to each institution described below are considered, with their corresponding weights:

Weight

a)

Size relative to the total banking system;

25%

b)

Interconnection with the financial system;

25%

c)

Importance of the services and infrastructure it provides in the financial system and to the economy in general, and

25%

d)

Complexity of its operations.

25%

II.

The classification of a Local Systemic Importance Multiple Banking Institution will be determined by summing the scores for each of the aspects indicated in fraction I. The indicators and corresponding weights are as follows:

ASPECT

Relative Weight

b j

Figures

considered

Indicator

A. SIZE

On and off-balance sheet Assets

25%

End of the corresponding quarter*

B. INTERCONNECTION

Deposits and loans with other financial institutions

3.13%

Average of the last 4

quarters

Holding of debt securities, commercial paper and certificates of bank deposits

3.13%

Average of the last 4

quarters

Positive exposure of securities with other financial institutions:
(Debtors by repo and Securities Lending).

3.13%

Average of the last 4

quarters

Debtors for settlement of operations

3.13%

Average of the last 4

quarters

Creditors for settlement of operations

3.13%

Average of the last 4

quarters

Loans from banking and non-banking financial entities

3.13%

Average of the last 4

quarters

Negative exposure of securities with other financial entities (creditors by repo and securities lending)

3.13%

Average of the last 4

quarters

Debt issuances, commercial paper, certificates of deposit

3.13%

End of the corresponding quarter*

C. IMPORTANCE OF SERVICES AND INFRASTRUCTURE

Custodied assets

6.25%

Average of the last 4

quarters

Payments in national currency

6.25%

Average of the last 4

quarters

Market makers or Clearing Members

6.25%

End of the corresponding quarter*

Participation in selected portfolios

6.25%

End of the corresponding quarter*

D. COMPLEXITY OF ITS OPERATIONS

Trading and available-for-sale securities

12.50%

Average of the last 4

quarters

Value of the position in derivatives

12.50%

Average of the last 4

quarters

• December and June

The information sources, as well as, if applicable, the procedure to determine the value of each one of the indicators indicated in the previous table, will be published by the Commission through the worldwide electronic network called Internet at the site http://www.cnbv.gob.mx. To determine the total score of each Multiple Banking Institution, the following procedure must be followed:

III.

When the Total Score obtained by each multiple banking institution, in accordance with fraction II above, is greater than [350] points, this institution will be identified as a Local Systemic Importance Multiple Banking Institution and assigned a risk degree according to the following table:

Total Score obtained by the
Local Systemic Importance Multiple Banking Institution

Identified systemic importance degree

(350 - 825]

I

(825- 1,300]

II

(1,300 - 1,775]

III

(1,775 - 2,250]

IV

Greater than 2,250

V

IV.

Local Systemic Importance Multiple Banking Institutions must constitute the supplement of the Capital Conservation Supplement corresponding to their degree of systemic importance in accordance with Article 2 Bis 117 n of these provisions.

ANNEX 1-T BIS

INFORMATION SOURCES TO CALCULATE THE SUPPLEMENT

OF CAPITAL FOR SYSTEMIC

IMPORTANCE

The public information sources that must be used by multiple banking institutions for calculation of the score contained in Annex 1-T of these provisions are detailed below. Said score will allow identifying those multiple banking institutions to be classified as Local Systemic Importance Multiple Banking Institutions, in accordance with Chapter VI Bis 1 of Title First Bis of these provisions.

The information sources for the construction of the indicators are as follows:

No.

INDICATOR

SOURCE

DESCRIPTION

A. SIZE

Size: Assets

on and off-balance sheet

Commission:

Portfolio of information reports:
040-1A-R0 Financial indicators:
historical (series from December 2000)
040-1A - R20 Balance: off-balance sheet accounts Total Assets of the consolidated Institution. Sum of the accounts:
100000000000 - Asset
4000461 - Credit commitments

B. INTERCONNECTION

Deposits and loans

with other financial institutions

Commission:
Regulatory Report R01: Minimum
Catalog

Deposits and call-money loans in financial institutions. Accounts from the Minimum Catalog. Sum of the following concepts:
110201000000 - Deposits in Bank of
Mexico 110202000000 - Deposits in Other
Financial Entities 110404000000 -
Interbank Loans (Call Money)

Holding of debt securities, commercial paper

and bank deposit certificates

Commission:
Regulatory Report R01: Minimum
Catalog

Holding of debt securities, commercial paper and deposit certificates. Accounts from the Minimum Catalog. Sum of the concepts following:
120101020000 - Securities for Trading without Banking Restriction 120102020000 - Securities for Trading Restricted or Given as Guarantee in Repo Operations Banking 120103020000 - Securities for Trading Restricted or Given as Guarantee in Securities Lending Operations Banking 120104020000 - Securities for Trading Restricted or Given as Guarantee (Others) Banking 120201020000 - Securities Available for Sale without Banking Restriction 120202020000 - Securities Available for Sale Restricted or Given as Guarantee in Repo Operations Banking 120203020000 - Securities Available for Sale Restricted or Given as Guarantee in Securities Lending Operations Banking 120204020000 - Securities Available for Sale Restricted or Given as Guarantee (Others) Banking:
120304020000 - Securities Held to Maturity without Banking Restriction 120305020000 - Securities Held to Maturity Restricted or Given as Guarantee in Repo Operations Banking 120306020000 - Securities Held to Maturity Restricted or Given as Guarantee in Securities Lending Operations Banking 120307020000 - Securities Held to Maturity Restricted or Given as Guarantee (Others) Banking

Positive exposure of securities with other financial institutions (Debtors by repo and Securities Lending)

Commission:
Regulatory Report R01: Minimum
Catalog

Asset accounts from the Minimum Catalog.
Sum of the following concepts:
120800000000 - Debtors by repo
120700000000 - Securities Lending

Debtors for settlement of operations

Commission:
Regulatory Report R01: Minimum
Catalog

Debtors for Settlement of operations, accounts from the Minimum Catalog. Sum of the concepts following:
140901000000 - Foreign Exchange Sales
(Pending flow to be received derived from a foreign exchange purchase-sale operation) 140902000000 - Investments in Securities (Pending flow to be received derived from a securities investment operation) 140903000000 - Repos (Pending flow to be received derived from a repo operation) 140904000000 - Securities Lending (Pending flow to be received derived from a securities lending operation) 140905000000 - Derivatives (Pending flow to be received derived from a derivative operation)

Creditors for settlement of operations

Commission:
Regulatory Report R01: Minimum
Catalog

Creditors for Settlement of operations, accounts from the Minimum Catalog. Sum of the following concepts:
240901000000 - Foreign Exchange Sales
(Pending flow to be settled derived from a foreign exchange purchase-sale operation) 240902000000 - Investments in Securities (Pending flow to be settled derived from a securities investment operation) 240903000000 - Repos (Pending flow to be settled derived from a repo operation) 240904000000 - Securities Lending (Pending flow to be settled derived from a securities lending operation) 240905000000 - Derivatives (Pending flow to be settled derived from a derivative operation)

Loans from banking and non-banking financial entities

Commission:
Regulatory Report R01: Minimum
Catalog

Accounts from the Minimum Catalog. Sum of the following concepts:
Short term:
230202000000 - Loans from Multiple Banking Institutions 230203000000 - Loans from Development Banking Institutions 230205000000 - Loans from Other Organisms Long term:
230302000000 - Loans from Multiple Banking Institutions 230303000000 - Loans from Development Banking Institutions 230305000000 - Loans from Other Organisms

Negative exposure of securities with other financial entities (creditors by repo and securities lending)

Commission:
Regulatory Report R01: Minimum
Catalog

Liability accounts from the Minimum Catalog.
Sum of the following concepts.
220800000000 - Creditors by repo
220700000000 - Securities Lending

Debt Issuances, commercial paper and deposit certificates

Banking Base, Corporate Base and
Eurobond Base of the price providers referred to in the Securities Market Law.

Debt issuances, commercial paper and deposit certificates

C. IMPORTANCE OF
SERVICES AND
INFRASTRUCTURE

Custodied Assets

Commission:
Portfolio of Information Report:
040-1A-R20 Balance: off-balance sheet accounts.
Sum of the following concepts:
a) Assets in Trust or Mandate b) Assets in Custody or Administration c) Cash Managed in Trust d) Investment Banking Operations for Third Parties

Payments in National
Currency

BANXICO:
SISPAGOS: Sections: 2.3.2, 2.4.2, 4.1.1 and 4.2.1. http://www.banxico.org.mx/SieInternet/consultarDirectorioInternetAction.do?accion= consultarCuadro&idCuadro=CF262&sector=21&locale=es

They are the sum of the number of national operations of the multiple banking institution with respect to the respective total realized through:
a) In ATMs with:
Concept
Key
Section
Credit cards
2.3.2
Debit cards b) At point-of-sale terminals:
Concept
Key
Section
Credit cards
2.4.2
Debit cards c) Through the internet:
Concept
Key
Section
Internal (involving payments to third parties) 4.1.1 Internal (involving payments to own accounts) Interbank (own clients carrying out same-day operations to other banks) Interbank (own clients carrying out scheduled operations to other banks) d) Other access means (kiosks or self-service centers, telephone or other devices) Concept Key
Section
Internal (own clients in own access means) 4.2.1 Interbank (own clients carrying out transfers to other banks through own access means)

Market makers and/or Clearing
Members

Ministry of Finance and Public Credit:
http://www.hacienda.gob.mx/POLITICA_FINANCIERA/credito_publico_ii/deuda_interna/financiemiento_ml/Paginas/opcion_ compra.aspx Derivatives Exchange:
http://www.mexder.com.mx/wb3/wb/MEX/MEX_Repositorio/_vtp/MEX/202b_abrir_ cuenta/_rid/21/_mto/3/Lista_de_formadores_de_Mercado_19Dic_2014.pdf

It is the following dichotomous variable:
1 = If according to the Ministry of
Finance and Public Credit the multiple banking institution is a market maker for Debt and Udibonos markets and/or said institution is a Clearing Member according to what is published by MexDer. 0 = In any other case.

Participation in selected portfolios

Report 040-1a-R01 Adjusted Financial Indicators

Sum of the participation of the multiple banking institution with respect to the total of multiple banking in:
a) Total Portfolio, b) Companies, c) Financial Entities, d) States and Municipalities, e) Other Governmental, f) Credit Card, g) Non-Revolving Consumption and h) Housing.

D. COMPLEXITY OF
ITS OPERATIONS

Trading and available-for-sale securities

Commission:
Regulatory Report R01: Minimum
Catalog

Sum of the absolute value of the amount of the trading and available-for-sale portfolio (debt, repos, shares and derivatives). The concepts must be reported net. Accounts from the Minimum Catalog:
120100000000 - Securities for Trading
120200000000 - Securities Available for Sale 120800000000 - Debtors by Repo 121400000000 - Derivatives Minus 220800000000 - Creditors by Repo 221400000000 - Derivatives.

Value of the position in derivatives

Commission:
Regulatory Report R01: Minimum
Catalog

Sum of the Absolute Value (MtM of the positive positions (buy) and negative positions (sell) of the derivatives). Accounts from the Minimum Catalog:
Derivatives (Asset):
121406000000 - For Trading Purposes
121407000000 - For Hedging Purposes
Plus
Derivatives (Liability):
221406000000 - For Trading Purposes
221407000000 - For Hedging Purposes

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