Resolution modifying the General Provisions applicable to credit institutions — SHCP — MX

DOF: 21/08/2020

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

The National Banking and Securities Commission, with the prior agreement of its Board of Directors and based on the provisions of Article 46 Bis 1 of the Credit Institutions Law; as well as Articles 4, fractions XXXVI and XXXVIII, and 16, fractions I and VI of the National Banking and Securities Commission Law, and

CONSIDERING

That it is necessary to clarify what is meant by Mobile Payment, in order to provide legal certainty to credit institutions regarding their scope and application, and

That, on the other hand, it is convenient to expand the exceptions to the contracting regime for banking commissioners provided for in Article 317 of the General Provisions applicable to credit institutions, in order to incorporate development agencies, so that clients of credit institutions can make credit payments through said agencies, since as it currently applies the exception for the social service agency called the National Institute for the Housing Fund for Workers (INFONAVIT), it should also apply to the Housing Fund of the Institute for Social Security and Services for State Workers (FOVISSSTE) and to the Institute of the National Fund for the Consumption of Workers (INFONACOT), inasmuch as they are supervised development agencies by the Commission, has resolved to issue the following:

RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO CREDIT INSTITUTIONS

FIRST. Articles 1, fraction CXXVII, and 317, second paragraph, fraction III of the General Provisions applicable to credit institutions, published in the Official Gazette of the Federation on December 2, 2005, and last modified on June 9, 2020, are REFORMED, to read as follows:

" Article 1 .- . . .

I. 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, so that Users can make balance inquiries 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 they have associated.

CXXVIII. to CXCVII

. . . "

" Article 317.-

. . .

I. and II.

. . .

III.

The payment of credits in favor of the Institution, as well as the carrying out of operational processes and database administration that have as their object the management of their credit portfolio in any of its stages, when the third party with whom they intend to contract is any supervised development agency by the Commission or public trust that is part of the Mexican Banking System in terms of Article 125 of the Law or a decentralized body of the Federal Public Administration, whose object is to contribute to the priority activity of the State to promote the development of agricultural, forestry, fishing activities and other economic activities linked to the rural environment, and which additionally are subject to the supervision of the Commission, observing what is stated in the following Article 317 Bis.

IV. to IX.

. . .

. . . "

TRANSITORY

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

Respectfully

Mexico City, August 12, 2020. - The President of the National Banking and Securities Commission, Juan Pablo Graf Noriega.- Signature.

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