2024-02-27 | DOF 5718094Added
The National Banking and Securities Commission amends the General Provisions applicable to credit institutions by reforming Article 1 to clarify the definition of adjudicated assets, updating Article 133 to mandate monthly reporting via the A-0611 report under Series R06, and repealing Article 218 and Annex 32. These changes require credit institutions to adjust their regulatory reporting for adjudicated assets and those subsequently alienated. The resolution enters into force the day following its publication in the Official Gazette of the Federation.
DOF: 27/02/2024
RESOLUTION modifying the General Provisions applicable to credit institutions (adjudicated assets)
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, based on the provisions of articles 96 Bis; 98 Bis, 99 and 102 of the Credit Institutions Law, as well as 4, fractions II, V, XXXVI and XXXVIII, and 16, fraction I, of the National Banking and Securities Commission Law, and
CONSIDERING
That article 25, tenth paragraph, of the Political Constitution of the United Mexican States establishes that the authorities of all levels of government, within the scope of their competence, must implement public policies for regulatory improvement to simplify regulations, procedures, services and other objectives established by the General Law in this matter;
That article 8, fraction V, of the General Law on Regulatory Improvement establishes that one of the objectives of the regulatory improvement policy is to simplify and modernize Procedures and Services, and
That in this sense, the National Banking and Securities Commission, in accordance with the provisions of the General Law on Regulatory Improvement, has decided to take actions to reduce the regulatory burden of the procedures that credit institutions must present before this decentralized body, for the specific case subject of this Resolution, with respect to the reporting of the provisions that these institutions establish for the holding of adjudicated assets and the reporting they carry out for the delivery of information on adjudicated assets that were alienated, has resolved to issue the following:
RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO CREDIT INSTITUTIONS
SINGLE.- Articles 1, fraction XX, and 133, third paragraph, and Annex 36 Regulatory Reports, Series R06 Adjudicated Assets; and Article 218, as well as Annex 32 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 said Gazette on February 9, 2024, are REFORMED and REPEALED, to read as follows:
" INDEX
. . .
TITLE FIRST to TITLE FIFTH
. . .
List of Annexes
Annexes 1 to 31
. . .
Annex 32
Repealed.
Annexes 32-A to 73
. . . "
" Article 1.-
. . .
I. to XIX.
. . .
XX.
Adjudicated Assets: Movable property (equipment, securities, rights, credit portfolio, among others) and real estate that, as a consequence of an uncollectible account, right or item, the institutions:
a)
acquire through judicial adjudication, or
b)
receive through deed in lieu of foreclosure.
XXI. to CXLVII.
. . . "
" Article 133.-
. . .
. . .
Through the regulatory report " A-0611 Adjudicated Assets " of series R06 Adjudicated Assets, the Institutions will deliver monthly to the Commission the information on adjudicated assets in accordance with what is established in Annex 36 of these Provisions. "
" Article 218.-
Repealed. "
ANNEX 36
Regulatory Reports
INDEX
. . .
SERIES R01 MINIMUM CATALOG to SERIES R04 CREDIT PORTFOLIO
. . .
SERIES R06 ADJUDICATED ASSETS
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
[Table]
. . .
SERIES R07 TAXES ON INCOME AND DEFERRED PTU to SERIES R35 LARGE EXPOSURES . . .
TRANSITORY
SINGLE.- This Resolution will enter into force the day following its publication in the Official Gazette of the Federation.
Respectfully
Mexico City, February 14, 2024. - President of the National Banking and Securities Commission, Dr. Jesús de la Fuente Rodríguez.- Rubric.
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