2023-01-13 | DOF 5676868

Added

Resolution modifying the General Provisions applicable to credit institutions

The resolution amends Annex 1-A of the General Provisions applicable to credit institutions to redefine the risk group integration for collateral assets denominated in national currency with returns linked to nominal interest rates. Specifically, it updates subsections k and l to clarify that economic benefits and price fluctuation risks must be capitalized by the party retaining the right to cash flows or capital gains/losses, unless otherwise agreed. This change applies to credit institutions and regulated multiple-object financial societies with equity links to such institutions. The resolution entered into force the day after its publication in the Official Gazette on January 14, 2023.

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DOF: 13/01/2023

RESOLUTION modifying the General Provisions applicable to credit institutions

At the margin, a seal with the National Coat of Arms, which reads: 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, based on articles 50, first and fifth paragraphs, and 98 Bis of the Credit Institutions Law, as well as 4, sections II, XXXVI, and XXXVIII, and 16, sections I and VI of the National Banking and Securities Commission Law, having obtained the opinion of the Bank of Mexico, and

CONSIDERING

That, in accordance with article 78 of the General Law for Regulatory Improvement and with the purpose of reducing the compliance cost of this modifying resolution, the National Banking and Securities Commission, through the issuance of the "Resolution modifying the General Provisions establishing the procedure for the attention of information and documentation requirements that competent authorities formulate to financial entities subject to the supervision of the National Banking and Securities Commission, through this ' ', published in the Official Gazette of the Federation on July 28, 2017, carried out the elimination of the obligation for those financial entities other than credit institutions to present information regarding account statements in terms of what is provided in the .xlm format of Annex 3 of those provisions, and

That it is necessary, for the purposes of calculating capital requirements for market risk, to modify the treatment that credit institutions and regulated multiple-object financial societies that have equity links with these must apply to assets that are the subject of guarantees denominated in national currency and whose return is referred to nominal interest rates, with the purpose of reflecting that such risk must be capitalized by whoever conserves, both the economic benefits and the risk of fluctuations in its price, unless otherwise agreed, has resolved to issue the following:

RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO

CREDIT INSTITUTIONS

SINGLE.- Annex 1-A, section 1, subsection 1.1, items k. and l. of the "General Provisions applicable to credit institutions", published in the Official Gazette of the Federation on December 2, 2005 and last modified by the resolution published in the cited medium of diffusion on October 19, 2022, is REFORMED, to read as follows:

" FIRST to FIFTH TITLE .

...

Annex 1

...

Annex 1-A

Integration of Risk Groups

Annexes 1-B to 73

... "

TRANSITORY

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

Respectfully,

Mexico City, January 4, 2023.- President

National Banking and Securities Commission, Dr. Jesús De la Fuente Rodríguez.- Signature.

" ANNEX 1-A

INTEGRATION OF RISK GROUPS

1

...

...

1.1

...

a. to j.

...

k.

Assets to be received as collateral (granted as collateral with transfer of ownership), denominated in national currency and whose return is referred to nominal interest rates, in which contractually the Institution receiving the collateral maintains the right to conserve the cash flows generated by said collateral assets, or the capital gains and losses derived from changes in their price.

l.

Assets to be delivered as collateral (received as collateral with transfer of ownership), denominated in national currency and whose return is referred to nominal interest rates, in which contractually the Institution granting the collateral maintains the right to conserve the cash flows generated by said collateral assets, or the capital gains and losses derived from changes in their price.

m. to w.

...

1.1 BIS to 1.6

...

2

... "


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