Resolution modifying the General Provisions applicable to credit institutions

DOF: 21/05/2021

RESOLUTION modifying the General Provisions applicable to credit institutions

A seal with 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 the provisions of articles 52, last paragraph; 96 Bis, first paragraph, and 98, second paragraph of the Credit Institutions Law, as well as 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 the General Provisions applicable to credit institutions, this modifying resolution eliminates the obligation, for the cases indicated in article 51 Bis 6, fraction I, items a) and b), to request authorization from the National Banking and Securities Commission referred to in said fraction I. Similarly, regarding the obligation of data authentication, the percentage of match between the biometric data of the identity document presented by the Mexican natural person and the data of the National Electoral Institute is reduced from 98% to 90%.

That it is the function of financial authorities, including the National Banking and Securities Commission, to implement the actions and measures necessary to provide the Mexican population, including Mexicans in migrant status in the United States of America, with appropriate financial services and products, preserving the integrity and functioning of the financial system;

That, to favor financial inclusion, it is necessary to bank Mexican migrants in the United States of America and their families in Mexico through credit institutions operating in the country, among other Mexican financial entities, through the opening of peso accounts remotely from abroad;

That it is necessary to establish adequate regulatory conditions for the online identification and profiling of migrant persons by credit institutions in the country, and therefore it is convenient to expand the number of identity documents accepted for these purposes, adding those issued by the Ministry of Foreign Affairs through its consular offices abroad, such as passports and consular registration cards;

That, on the other hand, with the objective of promoting the use of debit cards, credit institutions may notify the bank account balance to their customers each time they use it, and

That, to mitigate the risk that credit institution customers face of being subjects of fraud when carrying out resource transfer operations, tax payments, and cash withdrawals, credit institutions may notify their customers of the execution of such operations regardless of the electronic medium used for them; therefore, it has resolved to issue the following:

RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO

CREDIT INSTITUTIONS

SINGLE.- Articles 51 Bis, first paragraph and fractions I, II, and IV; 51 Bis 1, first paragraph, as well as fractions II, III, first paragraph, and item a) and the last paragraph of this article; 51 Bis 2; 51 Bis 3, first paragraph; 51 Bis 4, fraction I, first paragraph and item b) in its first paragraph and numeral 2, subitem i), as well as the last paragraph of said fraction, II, III, and IV; 51 Bis 5, first paragraph; 51 Bis 6, first, second, third, and fourth paragraphs, in their fractions I, V, VII, items c) and d), VIII, items b) and e), as well as sixth and seventh paragraphs, fractions III and IV; 51 Bis 8, first paragraph and fractions I, II, and III; 51 Bis 9, first paragraph and fractions I and III; 51 Bis 14; 310 fraction, IV, second paragraph; and 316 Bis 1, first, second, and third paragraphs are REFORMED; articles 51 Bis 2, second paragraph, with the remaining paragraphs being renumbered in their order and as appropriate, and 51 Bis 4, fraction V are ADDED; and articles 51 Bis 6, seventh paragraph, fraction V, and 51 Bis 9, fractions XVII and XVIII of the "General Provisions applicable to credit institutions," published in the Official Gazette of the Federation on December 2, 2005, and last modified by Resolution published in said dissemination medium on December 4, 2020, are REPEALED, to read as follows:

" Article 51 Bis.- Institutions shall require natural persons who in person request the execution of passive operations related to Level 4 Bank Accounts, or active operations, services, or payment means related to Level 3 and 4 Bank Accounts, whether on their own behalf, as co-owners, or on behalf and representation of third parties, to provide the following from the person presenting themselves and, where applicable, from the person they represent:

I.

Regarding natural persons of Mexican nationality, any of the following:

a)

Valid voter credential issued by the National Electoral Institute in the country or through the consular offices of the Ministry of Foreign Affairs abroad.

Institutions must carry out the verification action referred to in Article 51 Bis 4, fraction I of these provisions regarding the person presenting themselves and, where applicable, the person they represent in the latter case; the fingerprint of the represented person will not be verified online.

b)

Valid Mexican passport issued by the Ministry of Foreign Affairs in the country or through its consular offices abroad.

Institutions must carry out the verification action referred to in Article 51 Bis 4, fraction II of these provisions regarding the person presenting themselves and, where applicable, the person they represent; in the latter case, the fingerprint of the represented person will not be verified online.

c)

Valid consular registration card issued by the consular offices of the Ministry of Foreign Affairs abroad.

Institutions must carry out the verification action referred to in Article 51 Bis 4, fraction V of these provisions regarding the person presenting themselves and, where applicable, the person they represent; in the latter case, the fingerprint of the represented person will not be verified online.

If the natural person presenting themselves does not have any of the documents indicated in items a), b), and c) above, Institutions must require two of the other identifications mentioned in provision 4th, fraction I, item b), subitem (i) of the General Provisions referred to in article 115 of the Credit Institutions Law issued by the Ministry or those that replace it, and carry out the verification actions provided for in Article 51 Bis 4, fraction IV of these provisions. The respective contract made identifying the natural person in accordance with this paragraph must be authorized by the manager or person in charge of the Bank Branch or by the official authorized for such effect by the Institution, and evidence thereof must be kept in the respective file.

When, for reasons beyond the control of the client or applicant, it is not possible to process the voter credential in the locality in question in accordance with the General Law of Institutions and Electoral Procedures or due to fortuitous events or force majeure, and they also do not have the documents indicated in items b) and c) above, Institutions may require the person presenting themselves, in lieu of the voter credential, two of the other identifications mentioned in provision 4th, fraction I, item b), subitem (i) of the General Provisions referred to in article 115 of the Credit Institutions Law issued by the Ministry or those that replace it, and carry out the verification actions provided for in Article 51 Bis 4, fraction IV of these provisions.

When Institutions obtain authorization from the Commission to use identification documents other than those indicated in provision 4th, fraction I, item b), subitem (i) of the General Provisions referred to in article 115 of the Credit Institutions Law issued by the Ministry or those that replace it, they may accept them under the terms and conditions indicated by the Commission itself.

II.

Unique Population Registry Key. Institutions must remotely corroborate with the National Population Registry that the data provided matches that of said Registry, prior to contracting, of which they will keep evidence.

Institutions may not corroborate the Unique Population Registry Key in new contracts made by their clients when: said key has been verified in previous contracts; it is incorporated in any of the identifications referred to in items a), b), and c) of the previous fraction I and the corresponding verification process of said identifications has been carried out; or regarding natural persons of foreign nationality who, due to their status of stay in the country, do not have said key, in which case, they must keep evidence thereof in the respective file.

When the National Population Registry cannot respond to the corroborations requests referred to in the first paragraph of this fraction II due to causes attributable to said Registry, Institutions must adhere to the following, once they have determined such a situation:

a)

They may execute the contracts or process the payment means requests referred to in the first paragraph of this Article 51 Bis, collecting the Unique Population Registry Key to corroborate it subsequently with the National Population Registry within the term of ten business days following the respective contracting or processing, keeping evidence thereof.

b)

Institutions must notify the Commission of the lack of response by the National Population Registry, at the latest, thirty minutes after they have determined such a situation, indicating the date, hour, and minute of this. Likewise, once the aforementioned Registry resumes its services, Institutions must notify the Commission of the period that comprised the lack of response to the corroborations requests.

Additionally, Institutions must maintain in the records of their automated systems the evidence of the lack of response by the National Population Registry and the moment when the service was resumed. The notifications referred to in this paragraph must be notified to the Commission by the General Director or by the personnel referred to in the last paragraph of Article 164 Bis of these provisions, by email sent to the account "contingencias@cnbv.gob.mx", or through other means that the Commission determines and makes known to Institutions.

III.

. . .

IV.

Regarding natural persons of foreign nationality, in addition to what is indicated in fractions II and III above, the original of the valid passport or passport card or the migratory documents issued by the National Institute of Migration that are valid, with which they accredit their entry or status of stay in the country, or the accreditation card issued by the Ministry of Foreign Affairs to diplomatic or consular bodies, which must be valid and verified in accordance with the actions provided for in Article 51 Bis 4, fraction III of these provisions.

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Article 51 Bis 1.- Institutions, in the execution of cash withdrawal and resource transfer operations charged to Level 4 Bank Accounts, carried out in person, must observe the following:

I.

. . .

II.

If they are for amounts greater than the equivalent in national currency to 1,500 UDIs and less than the equivalent in national currency to 2,800 UDIs, except when it is a transfer to other accounts of which the client is also the owner in the same Institution, they must request the valid voter credential issued by the National Electoral Institute in the country or through the consular offices of the Ministry of Foreign Affairs abroad, or the valid Mexican passport issued by the Ministry of Foreign Affairs in the country or through its consular offices abroad, or the valid consular registration card issued by the consular offices of the Ministry of Foreign Affairs abroad, and carry out the corresponding verification actions provided for in Article 51 Bis 4, fractions I, II, and V of these provisions, as appropriate.

If the person presenting themselves does not have any of the documents indicated in the previous paragraph, Institutions must require two of the other identifications mentioned in provision 4th, fraction I, item b), subitem (i) of the General Provisions referred to in article 115 of the Credit Institutions Law issued by the Ministry or those that replace it, and carry out the verification actions provided for in Article 51 Bis 4, fraction IV of these provisions.

For the case of natural persons of foreign nationality, Institutions are only obligated to require the original of the valid passport or passport card, or the migratory documents issued by the National Institute of Migration that are valid, with which they accredit their entry or status of stay in the country, or the accreditation card issued by the Ministry of Foreign Affairs to diplomatic or consular bodies, which must be valid, carrying out the verification actions provided for in Article 51 Bis 4, fraction III of these provisions.

The verification actions regarding the voter credential issued by the National Electoral Institute in the country or through the consular offices of the Ministry of Foreign Affairs abroad, the valid Mexican passport issued by the Ministry of Foreign Affairs in the country or through its consular offices abroad, or the valid consular registration card issued by the consular offices of the Ministry of Foreign Affairs abroad, will not be applicable when Institutions:

a)

Require the client to present their Integrated Circuit Bank Card corresponding to their Level 4 Bank Account or that issued under a credit contract in checking account with the Institution itself, and enter the PIN associated with the card in question in the electronic devices that obtain the information from the card through the integrated circuit, provided that in the delivery of the Integrated Circuit Bank Card or at the moment the client establishes their PIN for the first time, the verification of the data of the client's valid voter credential issued by the National Electoral Institute in the country or through the consular offices of the Ministry of Foreign Affairs abroad, the valid Mexican passport issued by the Ministry of Foreign Affairs in the country or through its consular offices abroad, or the valid consular registration card issued by the consular offices of the Ministry of Foreign Affairs abroad, was carried out, in accordance with Article 51 Bis 4, fractions I, II, or V of these provisions, and

b)

Require the client any of the identifications mentioned in provision 4th, fraction I, item b), subitem (i) of the General Provisions referred to in article 115 of the Credit Institutions Law issued by the Ministry or those that replace it.

III.

If they are for amounts equal to or greater than the equivalent in national currency to 2,800 UDIs, except when it is a transfer to other accounts of which the client is also the owner in the same Institution, they must request the valid voter credential issued by the National Electoral Institute in the country or through the consular offices of the Ministry of Foreign Affairs abroad, the valid Mexican passport issued by the Ministry of Foreign Affairs in the country or through its consular offices abroad, or the valid consular registration card issued by the consular offices of the Ministry of Foreign Affairs abroad, and carry out the verification actions provided for in Article 51 Bis 4, fractions I, II, or V of these provisions, as appropriate. In the absence of these identification documents, Institutions must:

a)

Require two of the other identifications mentioned in provision 4th, fraction I, item b), subitem (i) of the General Provisions referred to in article 115 of the Credit Institutions Law issued by the Ministry or those that replace it, and carry out the verification actions provided for in Article 51 Bis 4, fraction IV of these provisions, or regarding persons of foreign nationality, their valid passport or passport card, or the migratory documents with which they accredit their status of stay in the country issued by the National Institute of Migration, or the accreditation card issued by the Ministry of Foreign Affairs to diplomatic or consular bodies, which must be valid, carrying out the verification actions provided for in Article 51 Bis 4, fraction III of these provisions.

b)

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c)

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. . .

Institutions may not carry out the verification actions described in this article, when they agree with their clients in the respective Level 4 Bank Account contracts, as well as credit opening contracts in checking account, that they assume the risks and, therefore, the costs of the operations that are not recognized by their clients, obligating themselves additionally that the amounts of the claims of said operations will be paid to them, at the latest, forty-eight hours after the claim made by the client. Institutions must notify the Commission when they decide to opt for what is provided for in this paragraph, at the latest, ten business days after said determination, indicating the operations to which it will be applicable.

Article 51 Bis 2.- Institutions, in substitution of what is required by Articles 51 Bis and 51 Bis 1 of these provisions in matters of identity verification, may form a database of biometric information of their clients, observing the technical requirements provided for in Annex 71 of these provisions, in order to use it for the verification of the identity of their clients in the execution of contracts to carry out passive operations related to Level 4 Bank Accounts; active operations or services, or in the request for payment means, related to Level 3 and 4 Bank Accounts, as well as for making cash withdrawals and resource transfers charged to Level 4 Bank Accounts.

This is always provided that Institutions carry out, for the integration of said database, the verification of the coincidence of the client's biometric information with the biometric records of the National Electoral Institute, the Ministry of Foreign Affairs, or another Mexican financial or tax authority, or federal dependency, that provides a biometric information verification service similar to that of said institute.

Institutions, for the purposes of verifying the identity of their clients using their own biometric database, must adhere to the following:

I.

Require the natural person whose data will be stored in the aforementioned database, their valid voter credential issued by the National Electoral Institute in the country or through the consular offices of the Ministry of Foreign Affairs abroad, valid Mexican passport issued by the Ministry of Foreign Affairs in the country or through its consular offices abroad, valid consular registration card issued by the consular offices of the Ministry of Foreign Affairs abroad, or identification issued by any other Mexican state or federal authority, whose biometric data can be verified in accordance with what is provided in fraction III of this article.

If the natural person presenting themselves does not have any of the documents indicated in the previous paragraph, Institutions must require two of the other identifications mentioned in provision 4th, fraction I, item b), subitem (i) of the General Provisions referred to in article 115 of the Credit Institutions Law issued by the Ministry or those that replace it, and carry out the verification actions provided for in Article 51 Bis 4, fraction IV of these provisions.

II.

First capture the biometric information of their employees, executives, or officials who will be in charge of collecting those of the clients. Once this capture is concluded, they will collect those of their clients. In both cases, Institutions must comply with the technical requirements established in Annex 71 of these provisions.

III.

Regarding fingerprints, carry out the verification actions indicated in Article 51 Bis 4, fractions I, II, and V of these provisions; or, regarding biometric data other than fingerprints, verify that these coincide with the biometric records of some Mexican financial or tax authority, or federal dependency.

IV.

Likewise, they must corroborate the existence of the client's Unique Population Registry Key with the National Population Registry and that the data provided by the client matches that of said Registry, observing for this purpose what is established in Article 51 Bis, fraction II of these provisions.

Article 51 Bis 3.- The Commission may authorize the use of processes other than those indicated in Article 51 Bis 2, fractions I, II, and III above to form the fingerprint database or any other biometric data database, provided that Institutions prove that the technology used allows the verification of the

coincidence of the client's biometric information with the biometric records of the National Electoral Institute, the Secretariat of Foreign Relations, or another Mexican financial or tax authority, or federal agency that provides a biometric information verification service, and that have the necessary security elements for the safeguarding of information. For the purposes of what is provided in this paragraph, the Institutions must present to the Commission the following:

I. and II. . . .

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Article 51 Bis 4.-

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I.

In the case of the valid voter credential issued by the National Electoral Institute in the country or through the consular offices of the Secretariat of Foreign Relations abroad:

a)

. . .

b)

Verify online that the fingerprint obtained from the natural person presenting the voter credential coincides, at least, by ninety percent with the records of the National Electoral Institute. For these purposes, the data generated from the fingerprint capture must meet the technical requirements specified by said Institute. The fingerprint readers, as well as the applications that the Institutions make available for the foregoing, must ensure that the fingerprint is obtained directly from the person, avoiding the recording of fingerprints from impressions on any material that intends to simulate another person's fingerprint, that is, live fingerprint proof, as well as having security measures that guarantee that the information stored, processed, or sent through these, is not known or used by unauthorized third parties.

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i)

For amounts greater than the equivalent in national currency to 1,500 UDIs and less than the equivalent in national currency to 10,000 UDIs, provided that they require the client to present their valid voter credential and their Bank Card with Integrated Circuit corresponding to their Level 4 Bank Account, or that issued under the protection of a credit opening contract in a current account with the Institution itself and enters the PIN associated with the card in question in the electronic devices that obtain the information from the card through the integrated circuit.

ii)

. . .

The Institutions must notify the Commission of the lack of response from the National Electoral Institute, at the latest, thirty minutes after they have determined such a situation, indicating the date, hour, and minute of this. Likewise, once the aforementioned Institute resumes its services, the Institutions must notify the Commission of the period that comprised the lack of response to the verification and authentication requests. Additionally, the Institutions must maintain in the records of their automated systems, the evidence of the lack of response from the National Electoral Institute and the moment when it was resumed. The notices referred to in this paragraph must be made to the Commission by the General Director or by the personnel referred to in the last paragraph of Article 164 Bis of these provisions, by email sent to the account "contingencies@cnbv.gob.mx", or through other means that the Commission determines and makes known to the Institutions.

II.

For the valid Mexican passport issued by the Secretariat of Foreign Relations in the country or through its consular offices abroad, the Institutions must:

a)

Verify online the correspondence of the data listed below, contained in the corresponding passport, with the records of the Secretariat of Foreign Relations, under the terms agreed with this:

The Optical Character Recognition Code (OCR for its acronym in English Optical Character Recognition).

Paternal surnames, maternal surnames, and name(s), as they appear in the Mexican passport.

Passport Number.

b)

Verify online that the fingerprint obtained from the natural person presenting the Mexican passport coincides, at least, by ninety percent with the records of the Secretariat of Foreign Relations. For these purposes, the data generated from the fingerprint capture must meet the technical requirements specified by said Secretariat. The fingerprint readers, as well as the applications that the Institutions make available for the foregoing, must ensure that the fingerprint is obtained directly from the person, avoiding the recording of fingerprints from impressions on any material that intends to simulate another person's fingerprint, that is, live fingerprint proof, as well as having security measures that guarantee that the information stored, processed, or sent through these, is not known or used by unauthorized third parties.

The Institutions must provide mechanisms to celebrate the contracts or the request for payment methods indicated in Article 51 Bis, as well as the carrying out of the operations referred to in Article 51 Bis 1 of these provisions, with natural persons who, for any physical impediment, their fingerprint cannot be obtained for the purposes of their verification before the Secretariat of Foreign Relations, which must be recorded in the respective client file.

When the Secretariat of Foreign Relations cannot respond to the online verification requests referred to in this section due to causes attributable to said Secretariat, the Institutions must comply with what is established in section I, subsection b), third paragraph, numerals 1 and 2, and last paragraph of said section I of this present Article 51 Bis 4, as applicable to each situation.

III.

Regarding migratory documents issued by the National Institute of Migration, as well as the accreditation cards issued by the Secretariat of Foreign Relations to diplomatic or consular bodies presented by persons of foreign nationality to accredit their status of stay in the country, identify the security elements of said documents.

For these purposes, the Institutions must have training programs for their personnel.

IV.

In the case of other identifications, different from those mentioned in article 51 Bis section I, subsections a), b) and c), to which provision 4th, section I, subsection b), subsubsection (i) of the General Provisions referred to in article 115 of the Credit Institutions Law issued by the Secretariat or those that replace them, when two of these must be presented in accordance with these provisions, ensure that the data of the two identifications presented coincide with each other, with the exception of the address, if any, contained in the identifications referred to in this section.

V.

In the case of the valid consular registration issued by the consular offices of the Secretariat of Foreign Relations abroad, the Institutions will verify the coincidence of the data indicated below with the records of said Secretariat:

a)

Paternal surnames, maternal surnames, and name(s), as they appear in the consular registration.

b)

Date of issue and date of expiration.

c)

Document Number.

Additionally, the Institutions must verify online that the fingerprint obtained from the natural person presenting the consular registration coincides, at least, by ninety percent with the records of the Secretariat of Foreign Relations. For these purposes, the data generated from the fingerprint capture must meet the technical requirements specified by said Secretariat. The fingerprint readers, as well as the applications that the Institutions make available for the foregoing, must ensure that the fingerprint is obtained directly from the person, avoiding the recording of fingerprints from impressions on any material that intends to simulate another person's fingerprint (live fingerprint proof, as well as having security measures that guarantee that the information stored, processed, or sent through these, is not known or used by unauthorized third parties.

The Institutions must provide mechanisms to celebrate the contracts or the request for payment methods indicated in Article 51 Bis, as well as the carrying out of the operations referred to in Article 51 Bis 1 of these provisions, with natural persons who, for any physical impediment, their fingerprint cannot be obtained for the purposes of their authentication before the Secretariat of Foreign Relations, which must be recorded in the respective client file.

When the Secretariat of Foreign Relations cannot respond to the online verification requests referred to in this section due to causes attributable to said Secretariat, the Institutions must comply with what is established in section I, subsection b), third paragraph, numerals 1 and 2, and last paragraph of said section I of this present Article 51 Bis 4, as applicable to each situation.

The Institutions must conserve the evidence that the verification actions mentioned in this article were carried out.

Article 51 Bis 5.- The Commission may authorize Institutions identification documents and the carrying out of verification actions different from those indicated in the previous Article 51 Bis 4 regarding the identification documents presented, provided they prove that their result, in the judgment of the Commission itself, is reliable to identify the natural person in question, and said verification actions include some identification element that is validated before some Mexican financial or tax authority, or federal agency that provides a biometric information verification service.

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I. to III. . . .

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Article 51 Bis 6.- Institutions in the identification of their clients or applicants who are Mexican natural persons or Mexican legal persons, for the non-presential celebration of contracts: (a) for the opening of Level 4 Bank Accounts; (b) for consumer credits for clients or applicants who are natural persons related to Level 3 and 4 Bank Accounts, and (c) for commercial credits for clients or applicants who are natural persons with business activity or legal persons related to Level 3 and 4 Bank Accounts, must comply with what is provided by this present Article 51 Bis 6, as well as by Articles 51 Bis 7 and 51 Bis 9 of these provisions.

For the purposes of the contracting referred to in the previous paragraph, the Institutions must verify the coincidence of the biometric information they obtain from the client or applicant, with the records of the National Electoral Institute, the Secretariat of Foreign Relations, or another Mexican financial or tax authority or federal agency that provides a biometric information verification service similar to that of said Institute or said Secretariat, or with those biometric databases that the Institutions themselves have developed in accordance with what is provided in Articles 51 Bis 2 and 51 Bis 3 of these provisions.

In the event that the biometric information referred to in the previous paragraph is the fingerprints of the client or applicant, the Institutions must ensure that the applications or means they have available ensure that the fingerprint is obtained directly from the client or applicant, that is, live fingerprint proof, avoiding the recording of fingerprints from impressions on any material that intends to simulate another person's fingerprint or images that pursue such an end, and having security measures that guarantee that the information stored, processed, or sent through said applications or means is not known or used by unauthorized third parties, as well as verifying that the fingerprint obtained from the client or applicant presenting the voter credential issued by the National Electoral Institute in the country or through the consular offices of the Secretariat of Foreign Relations abroad, the Mexican passport issued by the Secretariat of Foreign Relations in the country or through its consular offices abroad, or the consular registration issued by the consular offices of the Secretariat of Foreign Relations abroad, coincide, at least, by ninety percent with the records of the databases of said Institute or of said Secretariat or another Mexican financial or tax authority, or federal agency that provides the biometric information verification service.

For the carrying out of what is provided in this present Article 51 Bis 6, the Institutions must observe the following:

I.

Obtain prior authorization from the Commission.

Commission authorization will not be necessary in the following cases:

a)

When Institutions grant consumer credits to clients who are Mexican natural persons and commercial credits to clients who are Mexican natural persons with business activity, up to the equivalent in national currency to 3,000 UDIs. In these cases, Institutions will not be obliged to observe what is established in Articles 51 Bis 6 to 51 Bis 9 of this present Section B, but must comply, for the purposes of integrating the respective file, with what is established in Annexes 2 and 4 of these provisions, as applicable, and with the General Provisions referred to in article 115 of the Credit Institutions Law, issued by the Secretariat or those that replace them.

b)

When Institutions carry out the opening of Level 4 Bank Accounts in which the sum of deposits during a calendar month does not exceed the equivalent in national currency to 30,000 UDIs or when they grant consumer credits for clients or applicants who are natural persons, or commercial credits for clients or applicants who are natural persons with business activity or legal persons, provided that these credits do not exceed the equivalent in national currency to 60,000 UDIs. In these cases, Institutions must observe what is established in sections II to VIII of this present article, as well as what is provided in Articles 51 bis 7 and 51 bis 8, as applicable. Likewise, Institutions must integrate and keep available to the Commission the information and documentation referred to in Article 51 Bis 9 of these provisions.

The authorizations that the Commission grants to Institutions in terms of this article will be for the effects and in accordance with the content of the requests presented, so any modification to the authorized procedures or mechanisms will require that Institutions present a new authorization request.

II. to IV. . . .

V.

If the Institution corroborates that the applicant is not their client, together with the form referred to in section III of this present article, they must require the applicant to send a color photograph of their valid voter credential issued by the National Electoral Institute in the country or through the consular offices of the Secretariat of Foreign Relations abroad, a photograph of the Mexican passport issued by the Secretariat of Foreign Relations in the country or through its consular offices abroad, or the consular registration issued by the consular offices of the Secretariat of Foreign Relations abroad, on the front and back, and validate the security elements of said documents, in order to detect if they present alterations or inconsistencies, for which they must have the necessary technology for this.

Additionally, the Institution must confirm the existence of the Unique Population Registry Key provided by the applicant with the National Population Registry, as well as that the data of this and those sent in the form referred to in section III of this article coincide with each other.

Regarding the voter credential issued by the National Electoral Institute in the country or through the consular offices of the Secretariat of Foreign Relations abroad, the Institutions must verify the coincidence of the data listed below with the records of said institute:

a)

The Credential Identifier Code (CIC), or in its case, the Optical Character Recognition Code (OCR for its acronym in English Optical Character Recognition).

b)

Year of registration.

c)

Voter Key.

d)

Number and year of issuance.

The Institutions must verify that the paternal surnames, maternal surnames, and name(s), as they appear in the presented voter credential, coincide with the records of the National Electoral Institute or the National Population Registry.

Regarding the Mexican passport issued by the Secretariat of Foreign Relations in the country or through its consular offices abroad, the Institutions must verify the coincidence of the data mentioned below with the records of said Secretariat:

a)

The Optical Character Recognition (OCR for its acronym in English Optical Character Recognition).

b)

Paternal surnames, maternal surnames, and name(s), as they appear in the Mexican passport.

c)

Passport Number.

In the case of the consular registration issued by the consular offices of the Secretariat of Foreign Relations abroad, the Institutions must verify the coincidence of the data mentioned below with the records of said Secretariat:

a)

Paternal surnames, maternal surnames, and name(s), as they appear in the consular registration.

b)

Date of issue and date of expiration.

c)

Document Number.

The Institutions must require the applicant to send in digital format the necessary documents to integrate and conserve their identification file in terms of what is provided in these provisions, as well as in the 4th and 4th Ter of the General Provisions referred to in article 115 of the Credit Institutions Law, issued by the Secretariat or those that replace them.

VI.

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VII.

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a)

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b)

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c)

Require the applicant to show their valid voter credential issued by the National Electoral Institute in the country or through the consular offices of the Secretariat of Foreign Relations, the valid Mexican passport issued by the Secretariat of Foreign Relations in the country or in its consular offices abroad, or the consular registration issued by the consular offices of the Secretariat of Foreign Relations abroad, both on the front and back side, verifying that these documents contain the same data as the documents that the applicant sent together with the form.

d)

Use specialized technology that allows them to achieve reliable identification of the applicant, with the level of reliability established in Article 51 Bis 9, section VII of these provisions, ensuring that there is coincidence between their face and that of the voter credential, passport, or consular registration received.

e)

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VIII.

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a)

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b)

The applicant does not present their voter credential, the Mexican passport, or the consular registration; the data obtained from these documents do not coincide with the records of the National Electoral Institute or the Secretariat of Foreign Relations, as applicable; or the result of the validation of the security elements of the mentioned documents or of the biometric verifications of the applicant's face, do not reach the effectiveness or level of reliability referred to in Article 51 Bis 9, section VII of these provisions.

c) and d)

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e)

Atypical or risky situations are presented, or the Institution has doubts about the authenticity of the voter credential, the passport, or the consular registration or the identity of the applicant.

. . .

. . .

When the National Electoral Institute or the Secretariat of Foreign Relations cannot respond to the biometric information verification requests referred to in this present article due to technical or communication failures attributable to said Institute or that Secretariat, the Institutions may carry out a communication with the client or applicant through an audiovisual medium, using automated tools that allow their recording and subsequent reproduction, and in accordance with the random dialogue guides established by the Institutions themselves. Likewise, the communication must have a duration of at least 30 continuous seconds without interruption, as well as be recorded placing the device horizontally and be conserved without edits in its total duration for a minimum period of 10 years. What is stated in this paragraph only comprises that biometric information verification service that the National Electoral Institute, or the Secretariat of Foreign Relations or another Mexican financial or tax authority, or federal agency, offers for consultation in a non-presential manner.

. . .

I. and II. . . .

III.

Require the applicant or client to show their valid voter credential issued by the National Electoral Institute in the country or through the consular offices of the Secretariat of Foreign Relations abroad, the valid Mexican passport issued by the Secretariat of Foreign Relations in the country or through its consular offices abroad, or the valid consular registration issued by the consular offices of the Secretariat of Foreign Relations abroad, both on the front and back, confirming that these documents contain the same data as those documents they sent together with the form.

IV.

Use specialized technology that allows them to achieve reliable identification of the applicant or client with the level of reliability established in Article 51 Bis 9, section VII of these provisions, ensuring that there is coincidence between their face and that of the voter credential, passport, or consular registration received.

V.

Repealed.

VI.

. . .

. . . "

" Article 51 Bis 8.- The Commission may authorize mechanisms different from those provided in Article 51 Bis 6 of these provisions to identify applicants or clients, as well as to verify identification documents different from those referred to in said article, provided that the Institutions comply, at least, with the following:

I.

Include an element of validation of biometric information against the records of some Mexican financial, electoral, or tax authority, or of some federal agency, with a minimum coincidence of ninety percent, as well as provide for alternate identification mechanisms, in case of

that biometric validation is not available at that time, being able to use the mechanism provided for in paragraphs six and seven of Article 51 Bis 6 of these provisions.

II.

Require the applicant or client to present their photographic identification issued by any Mexican state or federal authority, or by state or federal departments, both on the front and back.

III.

In the case of applicants, verify the security elements of the photographic identification presented for approval, and corroborate the data or information contained in said identification against the records of the state or federal authority, or of the state or federal department that issued it, considering, at least, the full name and any other key or code included in the identification.

IV. and V. . . .

Article 51 Bis 9.- Institutions, when requesting the authorizations referred to in Articles 51 Bis 6 and, where applicable, 51 Bis 8, must present the following:

I.

Detailed description of the non-presential identification process, as well as the Technological Infrastructure used in each part of it, specifying the function of each component of said infrastructure, which must be approved by the risk manager or their equivalent or, in case of not having this, by the audit committee or the board of directors, as well as the technological infrastructure employed in each part of it.

Likewise, Institutions must include all technology providers involved in the Technological Infrastructure and, where applicable, the main applications used for the referred process and their interrelation.

II.

. . .

III.

Name of the service provider of certification authorized by the Ministry of Economy, used for the conservation of the digital version of the voter credential issued by the National Electoral Institute in the country or through the consular offices of the Ministry of Foreign Affairs abroad, the Mexican passport issued by the Ministry of Foreign Affairs in the country or through its consular offices abroad, or the consular registration issued by the consular offices of the Ministry of Foreign Affairs abroad, in accordance with the Official Mexican Standard on digitization and conservation of data messages applicable.

IV. to XVI. . . .

XVII.

Repealed.

XVIII.

Repealed.

XIX.

. . .

. . .

. . . "

" Article 51 Bis 14.- The application of the identity verification procedures established in articles 51 Bis 6 to 51 Bis 9 of these provisions are independent of those used in the contracts for the use of the Electronic Banking service and the performance of operations that Institutions agree with their clients in terms of Chapter X "On the use of the Electronic Banking service" of Title Fifth of these provisions. Institutions may contract with their clients the use of the Electronic Banking service through the procedures established in articles 51 Bis 6 to 51 Bis 9 of these provisions. "

" Article 310 .- . . .

I.

. . .

II.

. . .

III.

. . .

IV.

. . .

Regarding fingerprints, it will be necessary that, to form the databases referred to in the previous paragraph and to be able to use them subsequently for authentication purposes, Institutions register their clients, employees, executives, and officials after verifying their fingerprints with the records of the National Electoral Institute or the Ministry of Foreign Affairs, or another Mexican financial or tax authority, or federal department, which provides a biometric information verification service.

. . .

. . . "

" Article 316 Bis 1.- Institutions are obliged to notify their Users, as soon as possible and through the communication channels made available to them and which they have chosen for such purpose, any of the following events carried out through Electronic Banking services:

I. to IX. . . .

Institutions must ensure that the information transmitted to notify the User about the events referred to in this article does not contain full account numbers, addresses, nor deposit account balances. As an exception, Institutions may provide the possibility to their clients to have the notification of their Bank Account balance, in cases where the User has requested that such notification be activated and the Institution retains evidence of the request made. Users, when they so request, may deactivate this service at any time through the means established by the Institution.

Notifications regarding the performance of the operations indicated in fractions I, II and IX of Article 313 of these provisions must be sent, at least, when the daily accumulated amount of said operations for the Electronic Banking service in question is greater than the equivalent in national currency to 600 UDIs, or when Monetary Operations individually are greater than the equivalent in national currency to 250 UDIs.

. . .

. . . "

TRANSITORY PROVISIONS

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

SECOND. While the Ministry of Foreign Affairs or any other financial authority or federal department provides the biometric information verification service contemplated in this Resolution regarding the passport and consular registration issued by said ministry and for the purposes of articles 51 Bis to 51 Bis 5 and 310 that are reformed with this instrument, Institutions, to carry out contracts of passive operations related to Level 4 Bank Accounts, active operations or services, or requests for payment media related to Level 3 and 4 Bank Accounts, as well as for the opening of Level 4 Bank Accounts or withdrawals of cash or transfers of resources at the counter, must continue verifying the security elements of said documents in accordance with what is provided in article 51 Bis 4, fraction II of the General Provisions applicable to credit institutions in force before the entry into force of this Resolution. The same verification action will equally apply to consular registrations.

Once the Ministry of Foreign Affairs provides the service of verifying biometric data against the records of its database, Institutions must, for the cases of Mexican passports and consular registrations, verify the identity of the natural person in terms of article 51 Bis 4, fractions II and V, which are modified and added respectively with this Resolution.

Respectfully,

Mexico City, May 12, 2021.- The President of the National Banking and Securities Commission, Juan Pablo Graf Noriega.- Signature.

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