Resolution modifying the General Provisions applicable to credit institutions

DOF: 06/08/2021

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, by agreement of its Board of Directors, based on the provisions of Articles 50; 76 and 98 Bis of the Credit Institutions Law, as well as 4, fractions XXXVI and XXXVIII, and 16, fractions I and VI of the National Banking and Securities Commission Law, having received the prior opinion of the Bank of Mexico, and

CONSIDERING

That, in accordance with Article 78 of the General Law of Regulatory Improvement and with the purpose of reducing the compliance cost of the General Provisions applicable to credit institutions, through this modifying resolution, it will not be necessary for the credit file, integrated for such purposes in cases where consumer credits are contracted through electronic means, to have the identification of the borrower currently valid;

That, on December 16, 2020, the Decree reforming and adding various provisions of the Law of the National Institute for the Housing Fund for Workers and the Law of the Social Security and Services Institute for State Workers was published in the Official Gazette of the Federation, through which, among other things, these housing institutes may grant credits for the acquisition in ownership of land intended for the construction of their housing and for the construction or self-production of housing;

That, it is necessary to incorporate into the current General Provisions applicable to credit institutions, the credits for the acquisition in ownership mentioned, which are the subject of credits given by housing promotion agencies and which are granted in co-financing with credit institutions, as well as to include such concepts in the calculation of capital requirements for credit risk of the residential mortgage credit portfolio;

That, credit institutions provide in their policies and procedures manuals related to credit activity, the requirements for integration and maintenance of the files that they must have for each type of operation they celebrate with their debtors, borrowers or counterparties, considering for such effect what is provided in Annexes 2 to 11 of the General Provisions applicable to credit institutions;

That, the information and documentation contained in the file must be kept up to date in accordance with said provisions and the policies of the credit institution in question, and

That, users of banking services through electronic means are clients of credit institutions that were previously identified by the procedures provided in the aforementioned provisions during the contracting of said services or the opening of bank accounts, in such a way that these institutions already have a previously integrated client file, therefore it has been resolved to issue the following:

RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO CREDIT INSTITUTIONS

SOLE. The articles 1, fraction XXIX, subsection b), and 2 bis 17, fraction II, second paragraph, are REFORMED, and Annex 2 of the "General Provisions applicable to credit institutions", published in the Official Gazette of the Federation on December 2, 2005 and last modified on July 23, 2021, is SUBSTITUTED, to read as follows:

" Article 1.-

. . .

I. to XXVIII.

. . .

XXIX.

. . .

a)

. . .

b)

Residential Mortgage: to direct credits denominated in national currency, foreign currency, in UDIs or in VSM, as well as the interest they generate, granted to natural persons and destined to the acquisition in ownership of land that have as purpose the construction of housing, the acquisition, construction, self-production, remodeling or improvement of housing, without commercial speculation purpose, including those liquidity credits guaranteed by the borrower's housing and those granted for such effects to ex-employees of the Institutions.

c)

. . .

. . .

. . .

XXX. to CXCVII.

. . . "

" Article 2 Bis 17.- . . .

I.

. . .

II.

. . .

Residential Mortgage Credits that satisfy the product criterion established below: the risk materializes in any of the following forms: direct credits denominated in any currency, as well as the interest they generate, granted to natural persons and destined to the acquisition in ownership of land that have as purpose the construction of housing, the acquisition, construction, self-production, remodeling or improvement of housing without commercial speculation purpose, as well as liquidity credits guaranteed by the borrower's housing, including those credits granted for such effects to employees and ex-employees of the Institutions.

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

. . .

III.

. . . "

TRANSITORY

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

Sincerely

Mexico City, July 26, 2021. - President of the National Banking and Securities Commission, Juan Pablo Graf Noriega.- Rubric.

ANNEX 2

DOCUMENTATION AND INFORMATION THAT MUST BE INTEGRATED INTO CONSUMER CREDIT FILES

A.

For the celebration of the credit operation

1.

Credit application duly filled out containing the autograph signature or digital fingerprint of the client or their express consent through Electronic Means agreed upon for that effect, except in those credits where there is no application and whose granting was not requested expressly by the client, but promoted by the Institution.

2.

Documentation accrediting having obtained a Credit Information Report from the credit applicant prior to its granting.

3.

Credit contract duly filled out containing the autograph signature or digital fingerprint of the client or their express consent through Electronic Means agreed upon for that effect.

4.

Copy of promissory note(s), if applicable.

5.

Invoice or document backing the purchase of the good, if applicable.

B.

Identification of the borrower and their guarantors

1.

Copy of the valid identifications indicated in Article 51 Bis, 51 Bis 6 or those authorized in terms of Article 51 Bis 8 of these provisions, as applicable, of the borrower and, if applicable, of the guarantor or joint obligor when this is a natural person.

Regarding the voter credential, it will not be necessary to keep a copy of this identification in the file, as long as records of having carried out the verification actions referred to in
Article 51 Bis 4 of these provisions are kept.

2.

Copy of the proof of address of the borrower and, if applicable, of the guarantor or joint obligor.

3.

Proof of income or socioeconomic study or payment capacity of the borrower and, if applicable, of the guarantor or joint obligor.

4.

Information on the Unique Population Registry Key of the borrower and, if applicable, of the guarantor or joint obligor when these are natural persons, in the circumstances provided for in Article 51 Bis, fraction II of these provisions.

5.

When the guarantor or joint obligor of the borrower is a legal entity, a copy of the documentation accrediting that it is legally constituted must be collected, such as notarial testimonies or public broker policies of constitutive deeds or compulsated to the date of granting, registered in the Public Commerce Registry, or its equivalent according to the country where they operate.

In case the consumer credit is contracted through an attorney or legal representative, besides the documents proving such situation, the documents and data contained in numerals 1 and, if applicable, 4 of this section must be collected from the attorney or legal representative.

C.

For the celebration of the credit operation through Electronic Means

In the contracting of consumer credits that Institutions carry out with their Users through Electronic Means, the respective file must contain the following:

1.

Regarding consumer credits whose amount does not exceed the equivalent amount in national currency to three thousand UDIs that are contracted through Electronic Means by clients who fall under the circumstances referred to in Article 307 Bis, fraction I, subsections a) and b) of these provisions, Institutions only need to integrate into the credit file the Credit Information Report that has been obtained prior to its granting.

This without prejudice to what is provided in Article 41, fractions I and II of these provisions.

2.

For consumer credits whose amount does not exceed an equivalent amount in national currency to three thousand UDIs that are contracted through Electronic Means by clients who fall under
Article 307 Bis, fraction I, subsection c) of these provisions, the file must contain
the following documentation:

a)

Credit Information Report that has been obtained prior to its granting.

b)

Copy of any official identification, such as the voter credential issued by the National Electoral Institute in national territory or through the consular offices of the Ministry of Foreign Affairs abroad, Mexican passport or consular matriculation issued by said Ministry or through its consular offices in the foreign country or professional card of the borrower, which may be that official identification that has been used for the contracting of Electronic Banking services in accordance with
Article 307 of these provisions or that used for the opening of the
client's Account.

c)

Copy of the client's proof of address, which may be that used for the opening of the client's Account or that used to contract the Electronic Banking services.

d)

Proof of income or socioeconomic study or payment capacity of the client.

This without prejudice to what is provided in Article 41, fractions I and II of these provisions.

3.

Regarding consumer credits whose amount is greater than three thousand UDIs that are contracted through Electronic Means by clients who fall under the circumstance provided in Article 307 Bis, fraction I of these provisions, Institutions must integrate the credit file with the documentation and information referred to in section A. " For the celebration of the credit operation " and section C. " For the celebration of the credit operation through Electronic Means ", numeral 2, subsections b) to d), of this
Annex 2.

This without prejudice to what is provided in Article 41, fraction I of these provisions.

D.

Follow-up

For the purposes of credit follow-up, information allowing to appreciate the behavior of the borrower in the fulfillment of their credit obligations with the Institution, such as dispositions, payments made, renewals, restructurings, write-downs, adjudications or dations in payment, as well as any other that supports the rating granted to the credit in question in accordance with the methodologies established in these provisions.

E.

Guarantees

Insurance policy in favor of the Institution, when the nature of the operation and the Institution's regulations so require.

F.

Credits in judicial collection

1.

Periodic and updated information in accordance with Institution policies, of the person responsible for the judicial or extrajudicial collection of the credit.

2.

Information accrediting the settlement of debts (dation in payment, adjudication of guarantees and write-downs).

G.

Restructured credits

1.

Authorization of the restructuring and/or judicial agreement, write-downs and losses in accordance with the Institution's regulations or, if applicable, the necessary information in accordance with the applicable institutional programs.

2.

Voice recordings, broadcast of agreements or, in general, documentation or elements that accredit restructurings or well judicial agreement, promissory notes, if applicable, including registration in the Public Commerce Registry when required.

H.

Charged-off credits

1.

Information accrediting that the different recovery instances have been exhausted or, if applicable, the necessary information in accordance with the applicable institutional policies in this matter.

2.

Information through which the corresponding instances request the application of the credit.

I.

Information necessary to exercise the collection action

Promissory note(s) or, if applicable, documents that according to laws make the existence of the credit evident, or well, accredit the ability to obtain it when not recorded in the respective file. In defect of the above, documentation based on which they accredit being in a position to exercise some legitimate collection action in favor of the Institution.

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