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

DOF: 29/08/2024

RESOLUTION modifying the General Provisions applicable to credit institutions

A seal bearing the National Coat of Arms appears at the margin, stating: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.

The National Banking and Securities Commission, based on articles 52, eighth paragraph, and 98 Bis of the Credit Institutions Law, as well as articles 4, fractions II, XXXVI, and XXXVIII, and 16, fraction I of the National Banking and Securities Commission Law, and

CONSIDERING

That, in accordance with article 78 of the General Law for Regulatory Improvement and with the aim of reducing the compliance cost of these provisions, the National Banking and Securities Commission, through the issuance of the "Resolution modifying the General Provisions applicable to credit institutions" published in the Official Gazette of the Federation on May 21, 2021, established continuity in the operations of credit institutions by providing that verification before the National Population Registry would be carried out up to 10 business days after the respective contracting or processing.

That technological advances and the increased use of electronic means among the Mexican population have impacted the increase in the use of digital channels for making payments for goods and services;

That it is relevant to facilitate transactions carried out by the population through electronic banking for the payment of contributions to the Treasury of the Federation, as they provide an alternative to reduce the cost of transporting cash, decrease the time users must spend visiting government offices, are secure, and contribute to the automation of government procedures;

That, in view of the foregoing, it is convenient to relax the registration process of the Destination Account when operations are carried out through electronic banking related to the payment of contributions made by any public or private entity to bank accounts in the name of the Treasury of the Federation, and

That, with the aim of promoting the use of digital channels in tax collection,

HAS RESOLVED

TO ISSUE THE FOLLOWING:

RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO CREDIT INSTITUTIONS

SINGLE.- Articles 1, fraction CXXVII; 314, ninth paragraph, and 315, sixth paragraph of the "General Provisions applicable to credit institutions," published in the Official Gazette of the Federation on December 2, 2005, and modified by resolutions published in the aforementioned medium, 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 a unique correspondence to the User Identifier, through any unique information or data of the Access Device itself, the Institution being required to obtain the information or data automatically from the corresponding Access Device, in order for Users to be able to perform balance inquiries regarding the accounts or cards associated with the service. Limited Monetary Operations consisting of transfers of monetary resources and payments for goods or services, in both cases, up to the equivalent in national currency to Medium Quantity Monetary Operations per client, charged to the cards or bank accounts they have associated. The aforementioned quantity limit shall not apply in the case of the payment of contributions made by any public or private entity to bank accounts in the name of the Treasury of the Federation.

CXXVIII. to CXCVII. . . . "

" Article 314.- . . .

. . .

For Monetary Operations carried out through Host-to-Host Banking, Point of Sale Terminals, Automated Teller Machines, and Mobile Payment, Users will not be required to register Destination Accounts, nor for those carried out through Mobile Banking, provided that, in the latter case, the amount of said operations is up to the equivalent to Medium Quantity Operations per each operation. Likewise, Users will not be required to register Destination Accounts for Monetary Operations through Mobile Banking or Internet Banking, provided they are carried out to make payments of contributions made by any public or private entity to bank accounts in the name of the Treasury of the Federation. "

" Article 315.- . . .

. . .

In no case shall the accumulated amount of Monetary Operations carried out by a User through Mobile Payment, even when having up to two cards or bank accounts associated, as applicable, exceed the equivalent in national currency to Medium Quantity Monetary Operations in one day and shall not exceed the equivalent in national currency to 6,000 UDIs monthly. The foregoing shall not apply to those Monetary Operations carried out to make payments of contributions made by any public or private entity to bank accounts in the name of the Treasury of the Federation.

. . .

. . . "

TRANSITORY PROVISIONS

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

SECOND.- Credit institutions shall have up to 365 days following the entry into force of this Resolution to comply with what is established herein.

Respectfully,

Mexico City, August 22, 2024.- President of the National Banking and Securities Commission, Dr. Jesús de la Fuente Rodríguez.- Signature.

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