2026-09-01 | DOF 5797560Added
The CNBV amends Articles 319 Bis 2, 319 Bis 3, and 319 Bis 5 of the General Provisions applicable to credit institutions to allow Category 3 authentication factors to be delivered via SMS and to permit Category 2 authentication only for balance and transaction inquiries. These changes apply to credit institutions utilizing technology-based commissionaires for digital services. The resolution enters into force the day following its publication in the Official Gazette.
DOF: 01/09/2026
RESOLUTION modifying the General Provisions applicable to credit institutions
A seal bearing the National Coat of Arms, which reads: United Mexican States.- Treasury.- Ministry of
Treasury and Public Credit.- National Banking and Securities Commission.
The National Banking and Securities Commission, with prior agreement of its Board of Directors, based on
the provisions of Articles 46 Bis 1, first paragraph; 52, eighth paragraph and 98 Bis of the Credit Institutions
Law, as well as 4, fractions II, IV, XXXVI and XXXVIII; 12, fraction XV and 16, fractions I and VI of the Law of
the National Banking and Securities Commission, and
CONSIDERING
That, in accordance with the Credit Institutions Law, the National Banking and Securities Commission,
with prior agreement of its Board of Directors, is authorized to issue general provisions regarding the provision
of services by third parties acting on behalf and for the account of credit institutions, as well as regarding the
equipment, means and forms of authentication that these use in the
provision of their services;
That, on July 11, 2024, the "Resolution modifying the General Provisions applicable to credit institutions" was published in the Official Gazette of the Federation, through which the figure of the technology-based commissionaire was incorporated, allowing credit institutions to enter into commercial commission contracts with third parties who act, at all times, on behalf and for the account of said institutions before clients or potential clients, through Internet pages or computer applications owned by said commissionaires;
That said resolution establishes that technology-based commissionaires may offer and execute, within the client session, the following operations: i) opening of level 2 accounts and transfers of funds associated with said accounts, ii) granting of loans for amounts not exceeding three thousand UDIs, iii) payments for goods and services, and iv) balance and transaction inquiries for financial products and services contracted through said commissionaires;
That, for the purposes of the foregoing, said resolution establishes that credit institutions must authenticate their clients by requesting a Category 2 authentication factor, and subsequently, with a Category 3 authentication factor, which must be provided to the client through an email or an instant messaging contact medium that uses encrypted communication protocols, defined by the user, to be subsequently entered into the institution's technological infrastructure. However, current regulation does not contemplate the use of SMS (Short Message Service) messages as a mechanism for delivering said authentication factor, nor does it provide for a differentiated authentication scheme for lower-risk operations, such as balance and transaction inquiries for financial products and services contracted through said commissionaires;
That, the National Financial Inclusion Policy 2025-2030 contemplates, among its strategic objectives, expanding the coverage and accessibility of financial services by strengthening secure digital channels, promoting greater availability of financial products and services for the population, particularly through non-presence attention mechanisms, and
That, in view of the foregoing, it is necessary to adapt the General Provisions applicable to credit institutions, in order to: (i) incorporate the possibility that the Category 3 authentication factor referred to in the Provisions be provided to the client through SMS text messages, and (ii) allow that, as an exception, only the use of the Category 2 authentication factor be required to carry out the authentication process in balance and transaction inquiries for financial products and services contracted through said commissionaires, therefore it has resolved to issue the following:
RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO
CREDIT INSTITUTIONS
SOLE.- Articles 319 Bis 2, fractions I, second paragraph and II, item ii; 319 Bis 3,
first paragraph and third paragraph, item ii, and 319 Bis 5, first paragraph, are REFORMED, and Article 319
Bis 3 is ADDED a fourth paragraph, so that the subsequent paragraphs move to occupy the immediate next position, of the "General Provisions applicable to credit institutions", published in the Official Gazette of the Federation on December 2, 2005 and modified through various resolutions published in said official dissemination medium, to read as follows:
" Article 319 Bis 2. - . . .
I.
. . .
Likewise, the client must be informed that for said Authentication to take place, they will be
redirected to the Institution's Technological Infrastructure, for the client to
define their Category 2 Authentication Factor and enter their Category 3 Authentication Factor
in accordance with what is established in fraction II of this Article.
II.
. . .
i.
. . .
ii.
Provide a contact medium, either an email address, an instant
messaging service that uses Encrypted communication protocols or a number of
mobile phone enabled to receive SMS Text Messages, for the
Technological Infrastructure of the Institution to send to said contact medium one of
the Category 3 Authentication Factors.
iii.
. . .
III.
. . .
. . .
. . .
. . .
Article 319 Bis 3. -
The Institutions that celebrate, through the commissionaires referred to in the
Article 319 Bis of these provisions, the operations referred to in said article, must inform
the
client, prior to the execution of the respective operation, that: (i) the Category
Authentication Factor
2 previously defined with the Institution will be requested, and (ii) it will be requested that they enter a Category
Authentication Factor
3 that they receive in the contact medium provided to the Institution,
in terms of Article 319
Bis 2, first paragraph, fraction II, item ii of these provisions,
so that this can be
Authenticated by the Institution.
. . .
. . .
i.
. . .
ii.
Enter the Category 3 Authentication Factor in the Institution's Electronic Media that
receives in the contact medium that they have previously provided to the Institution, in accordance with what is
stated in Article 319 Bis 2, first paragraph, fraction II, item ii of these
provisions.
For the operation provided for in Article 319 Bis, fraction I, item d), of these provisions, the
Institutions may require only the Category 2 Authentication Factor that the client defined in
terms of Article 319 Bis 2.
. . .
. . .
. . .
. . . "
" Article 319 Bis 5. -
The Institutions must allow clients to modify the Category 2 Authentication Factor
2, as well as the contact medium referred to in Article 319 Bis 2, fraction II, item ii of
these provisions, for such purposes, the Internet page or the computer application of the commissionaire
must have an explicit, clear and visible option or link that redirects to the Technological
Infrastructure of the Institution, in order for the client to carry out said modifications.
. . . "
TRANSITIONAL
SOLE. - This Resolution will enter into force the day following its publication in the Official Gazette
of the Federation.
Respectfully
Mexico City, August 24, 2026.- President of the National Banking and Securities Commission,
Ángel Cabrera Mendoza.- Rubric.
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