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

DOF: 07/07/2016

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, based on the provisions of Article 46 Bis 1, first paragraph and fraction IV of the Credit Institutions Law, as well as Articles 4, fractions XXXVI, XXXVIII, and 16, fractions I and VII of the National Banking and Securities Commission Law,

CONSIDERING

That in order for credit institutions to have multiple options for receiving payment for the credits they grant, which is carried out through third parties that are social service organizations, public trusts, or decentralized agencies subject to the supervision of the National Banking and Securities Commission, a procedure is established for institutions to request that the Commission exclude them from the regime regarding the contracting of third parties and commissionaires when they contract such third parties;

That in addition to the above, when credit institutions contract other institutions for the performance of their operations, since all can perform the operations directly, while being considered as having established solvency, it is deemed appropriate that such service provision be excluded from the regime mentioned in the previous paragraph, and

That regarding telecommunications services for the transmission of information, it is necessary to exclude credit institutions from the third-party and commissionaire contracting regime when they have certain mechanisms that safeguard the information of their users, has resolved to issue the following:

RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO CREDIT INSTITUTIONS

FIRST.- Article 317, fractions II, III, and VII are REFORMED, and Article 317 is ADDED with a third paragraph, shifting the remaining paragraphs in their order and as appropriate, as well as Article 317 Bis of the "General Provisions applicable to institutions," published in the Official Journal of the Federation on December 2, 2005, updated with modifications published in the same journal 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, December 4, 2008, April 27, May 28, June 11, August 12, October 16, November 9, December 1 and 24, 2009, January 27, February 10, April 9 and 15, May 17, June 28, July 29, August 19, September 9 and 28, October 25, November 26, December 20, 2010, January 24 and 27, March 4, April 21, July 5, August 3 and 12, September 30, October 5 and 27, December 28, 2011, June 19, July 5, October 23, November 28, December 13, 2012, January 31, April 16, May 3, June 3 and 24, July 12, October 2, 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, August 27, September 21, October 29, November 9 and 13, December 16 and 31, 2015, April 7 and 28, and June 22, 2016, to read as follows:

" Article 317.- . . .

. . .

II.

The auxiliary and complementary services that the Institution obtains from the societies referred to in Article 88 of the Law, from the companies referred to in fraction XII of Article 5 of the Law to Regulate Financial Groupings, as well as those contracted with their financial subsidiaries or other financial entities forming part of the financial group to which the Institution itself belongs, with the exception of what is stated in Article 325 of these provisions.

III.

The payment of credits in favor of the Institution, as well as the performance of operational processes and database administration aimed at managing its credit portfolio at any stage, when the third party with whom they intend to contract is a social service organization or public trust that is part of the Mexican Banking System in terms of Article 125 of the Law, or a decentralized agency of the Federal Public Administration, whose object is to contribute to the State's priority activity of promoting the development of agricultural, forestry, fishing, and other economic activities linked to the rural environment, and which are additionally subject to the supervision of the Commission, observing what is stated in the following Article 317 Bis.

IV. to VI.

. . .

VII.

Maintenance of equipment and computer systems on networks. Likewise, telecommunications services for the transmission of information, in the latter case, provided that the Institutions have:

Redundancy schemes or alternate mechanisms in point-to-point telecommunications that allow for communication links that minimize the risk of interruption in the telecommunications service.

Measures to ensure the transmission of Sensitive User Information in encrypted point-to-point form and elements or security controls at each of the nodes involved in the sending and receiving of data.

VIII. and IX.

. . .

The provisions of this chapter shall also not apply when Institutions contract other Institutions.

. . .

Article 317 Bis.-

Institutions must request the Commission to apply the exception provided for in fraction III of Article 317 of these provisions at least 20 business days prior to the contracting in question. In the event that the Institution does not receive a written response from the Commission, the provision of the service or commission in question may begin.

The respective writing must include:

Evidence accrediting that consent has been obtained from the third party to provide directly to the Commission the data, reports, records, minute books, auxiliary documents, documents, correspondence, and in general, the information that the latter deems necessary in the form and terms indicated by it, as well as to allow access to its offices, premises, and other facilities, regarding the services provided to the Institution in question.

II.

An explanation of the service to be contracted, specifying the manner in which the third party will receive the resources from the depositors for the payment of the respective credits, as well as whether, in addition to such operation, the third party will provide any other service that requires authorization or regarding which notice must be given as referred to in Article 326 of this instrument. "

TRANSITORY PROVISIONS

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

SECOND.- Credit institutions that, on the date of entry into force of this Resolution, have already contracted social service organizations, public trusts, or decentralized agencies for the provision of the services referred to in Article 317, fraction III, which is reformed by this instrument, or have presented the corresponding authorization or notice request, and wish to be subject to the exception contained in said article, must present before the National Banking and Securities Commission the documentation referred to in Article 317 Bis of the General Provisions applicable to credit institutions, no later than twenty business days following the entry into force of this Resolution.

Respectfully,

Mexico City, June 28, 2016. - The President of the National Banking and Securities Commission, Jaime González Aguadé.- Signature.

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