Resolution modifying the General Provisions applicable to credit institutions

DOF: 19/09/2016

RESOLUTION that modifies the General Provisions applicable to credit institutions

A seal with the National Coat of Arms, which reads: United Mexican States.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.

The National Banking and Securities Commission, based on the provisions of Articles 52 and 76 of the Credit Institutions Law, as well as Articles 4, fractions XXXVI and XXXVIII, and 16, fraction I of the National Banking and Securities Commission Law, having received the prior favorable opinion of the Bank of Mexico, and

CONSIDERING

That it is deemed convenient to include the necessary rules to establish a scheme for the dispersion of resources through ATMs by credit institutions, without such dispersion being subject to the limits currently established for carrying out monetary operations through said means, by issuing payment orders subject to certain restrictions, in order for the beneficiaries of these to be able to obtain the corresponding resources in ATMs, which will facilitate the mechanics of these operations for credit institutions, their clients, and the beneficiaries of said payment orders, and

That it is also necessary to modify the list of documentation and information that must be integrated into consumer credit files, in order to establish that the credit contract must contain the client's signature, or their fingerprint, or their express consent through electronic means agreed upon for this purpose, to align with the provisions of the Law for Transparency and Orderly Regulation of Financial Services, has resolved to issue the following:

RESOLUTION THAT MODIFIES THE GENERAL PROVISIONS APPLICABLE TO

CREDIT INSTITUTIONS

SOLE.- Articles 41, fraction II, 51, first paragraph, 307, fraction I, subsection e), 310, fraction II, subsections a), sub-subsections iii. and iv., b), first paragraph and c), 313, fraction VI, first paragraph and 315, fourth paragraph are REFORMED; Articles 307 Bis; 315, fourth paragraph with fractions I to III and a fifth paragraph, shifting the remaining paragraphs in their order and as appropriate, and 315 Bis are ADDED; Article 310, fraction II, subsection b), sub-subsections i to iii is REPEALED; and Annex 2 of the "General Provisions applicable to credit institutions", published in the Official Gazette of the Federation on December 2, 2005 and reformed through Resolutions published in said Gazette 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 and December 20, 2010, January 24 and 27, March 4, April 21, July 5, August 3 and 12, September 30, October 5 and 27 and December 28, 2011, June 19, July 5, October 23, November 28 and December 13, 2012, January 31, April 16, May 3, June 3 and 24, July 12, October 2 and 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, June 22, July 7 and 29 and August 1, 2016, are SUBSTITUTED, to read as follows:

TITLES FIRST to FIFTH . . .

Annexes 1-A to 1-T Bis 1

. . .

Annex 2

Documentation and information that must be integrated into consumer credit files.

Annexes 3 to 70

. . .

" Article 41.- . . .

I.

. . .

II.

Credits whose amount in national currency does not exceed the equivalent to 1,000 UDIs at the time they are granted or well, are denominated in said unit up to the same amount, as well as credits whose amount in national currency is greater than the equivalent to 1,000 UDIs and up to the equivalent to 1,500 UDIs, in the latter case always provided that it is the first credit that the Institution grants to the client.

III. and IV.

. . . "

" Article 51.- The Commission may order the constitution and maintenance of preventive reserves for risk in operation for the credit portfolio, in addition to those derived from the rating process, for 100% of the credit balance owed, when the corresponding files do not contain the information considered necessary to exercise the collection action for credit operations, according to what is established in the Annexes corresponding to the type of operation in question, or its existence cannot be proven by the Institution. For the case of consumer credits contracted through Electronic Means in terms of Article 307 Bis, fraction I of these provisions, it will be considered that there is necessary information to exercise the collection action when Institutions have evidence of the date, time and means through which the credit was contracted, as well as the information referred to in such fraction.

. . .

. . . "

" Article 307.- . . .

I.

. . .

a) to d)

. . .

e)

Those contracted through ATMs and Point of Sale Terminals, in which case they must request from Users a second Authentication Factor of Categories 3 or 4 referred to in Article 310 of these provisions. Additionally, the Institution must notify the User of said contracting through the Mobile Phone Line number registered and may request confirmation of the contracting through a means different from the ATM or Point of Sale Terminal where the service was contracted. The respective service must be enabled after a minimum period of twenty-four hours following the notification or, in its case, the confirmation that was made.

Likewise, Institutions must agree at the time of contracting with their Users that they will assume the risks and therefore the costs of operations carried out through the aforementioned services that are not recognized by the Users themselves, and that claims derived from these operations must be paid to the Users or, in the case of granting credits, the resources will be withdrawn from the User's account without charging any commission, no later than forty-eight hours after the claim, except when the User had confirmed said contracting in the terms described.

II. to VI.

. . .

Article 307 Bis.- Institutions may contract with their Users:

I.

Consumer credits through Electronic Means provided they have:

a)

Level 3 or 4 Bank Accounts;

b)

Level 2 Bank Accounts with an age of more than 6 months from their opening and have carried out at least one operation for each month elapsed since said date, or

c)

Level 2 Bank Accounts if prior to the contracting of the credit the Institutions have the information referred to in numeral 2 of the section "For the celebration of the credit operation through Electronic Means" of Annex 2 of these provisions.

In all cases, Institutions must keep available to the Commission the evidence of the date, time and means through which the credit referred to in this fraction was contracted, the terms and conditions accepted by Users that include at least, term, amount and interest rate of the credit, as well as payment conditions and commissions for the contracting of the credit, indicating the means through which other applicable commissions can be consulted.

Regarding consumer credits contracted through ATMs and Point of Sale Terminals for amounts equal to or less than the equivalent in national currency of 1,500 UDIs, it will not be necessary for the service to be enabled after the twenty-four hours following the notification that was made in terms of fraction I, subsection e) of Article 307 of this instrument.

II.

Commercial credits through Internet Banking, provided that a second Authentication Factor of Categories 3 or 4 referred to in Article 310 of these provisions is requested, in addition to the one used to start the Session. "

" Article 310.- . . .

I.

. . .

II.

. . .

a)

. . .

i. and ii.

. . .

iii.

More than three identical characters consecutively.

iv.

More than three consecutive numerical or alphabetic characters.

. . .

b)

Its length must be at least six characters, except for services offered through ATMs and Point of Sale Terminals, in which case it will be at least four characters.

i. to iii.

Repealed.

c)

The composition of these Authentication Factors may include numerical, alphabetic or other characters, when the Access Device allows it.

. . .

. . .

. . .

III. and IV.

. . . "

" Article 313.- . . .

I. to V.

. . .

VI.

Inquiries of account statements of one or more periods or other inquiries that allow knowing information related to the User and their accounts, such as address, credit limits, beneficiaries or co-owners, or any other that can be used as Authentication information. The aforementioned second factor will not be necessary, in the case of account statement inquiries, provided that the User has started their session with an Authentication Factor of Categories 3 or 4.

. . .

. . .

VII. to IX.

. . .

. . .

. . .

. . .

. . . "

" Article 315.- . . .

. . .

. . .

Regarding ATMs, the accumulated daily amount of Monetary Operations that represent a charge to the User's account, cannot exceed the equivalent in national currency to the Medium-Value Monetary Operations per account. The foregoing will not be applicable regarding:

I.

Operations between own accounts.

II.

Credits made to Destination Accounts previously registered in accordance with the provisions of Article 314 of these provisions.

III.

Payments of payment orders provided for in the following Article 315 Bis.

In all the aforementioned exceptions, the limit will be determined by the Institution.

. . .

. . .

. . .

Article 315 Bis.- Institutions will establish the accumulated daily limits applicable to the collection of payment orders carried out in ATMs, provided that in the execution of such operations the following is observed:

I.

The ordering clients must register the instructions for the payment of the order indicating the beneficiary data, including full name, date of birth, Mobile Phone Line number as well as, in its case, the federal taxpayer registry with homoclave and the unique population registry key. Likewise, the individualized amount assigned to each of them must be indicated, which cannot exceed the equivalent in national currency to the Medium-Value Monetary Operations.

II.

For the disbursement of the resources of the payment order, a password that is single-use will be necessary; that can only be used for the particular operation; that has properties that prevent its duplication or alteration and that is not known in advance of its generation by officials, employees, representatives or agents of the Institution or by third parties. Said password must be made known to the beneficiary and entered in the ATM. In all cases, the collection must be made for the total amount of the resources.

III.

The Institution must establish a validity period for the collection of the payment order in ATMs, which cannot exceed 45 calendar days counted from the registration of the instruction of the corresponding order.

IV.

The payment instruction referred to in the previous fraction I, will be cancelled after the validity period indicated in the previous fraction III has elapsed. Both the orders effectively collected and those that have been cancelled for not having been collected within the validity period indicated, must be notified to the ordering client through the means indicated in Article 316 Bis 1 of these provisions.

V.

The maximum number of payment orders in favor of the same beneficiary that Institutions can process, cannot exceed during a period of three months the equivalent to the number of weeks that there are in such period. Notwithstanding the foregoing, in no case will the number of payment orders in favor of the same beneficiary during a period of six months exceed 15. The periods indicated will be counted from the collection of the first payment order.

In case that what is stated in any of the previous fractions is not complied with, the limit established in the fourth paragraph of the previous Article 315 will be applied; likewise, what is established in the last paragraph of that same provision will be applicable. "

TRANSITIONAL PROVISIONS

FIRST.- This Resolution will enter into force the day following its publication in the Official Gazette of the Federation, except for what is provided in the following article.

SECOND.- Credit institutions will have a period of eighteen months counted from the publication in the Official Gazette of the Federation of this instrument to adjust to what is established in Article 310, fraction II, subsection b), first paragraph which is reformed through this Resolution.

Respectfully,

Mexico City, September 9, 2016. - The President of the National Banking and Securities Commission, Jaime González Aguadé.- Initialled.

ANNEX 2

DOCUMENTATION AND INFORMATION THAT MUST BE INTEGRATED INTO

CONSUMER CREDIT FILES

For the celebration of the credit operation

1.

Credit application duly filled out containing the client's handwritten signature or fingerprint or their express consent through Electronic Means agreed upon for this purpose, except in those credits where there is no application and whose granting was not expressly requested 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 client's handwritten signature or fingerprint or their express consent through Electronic Means agreed upon for this purpose.

4.

Copy of promissory note(s), in its case.

5.

Invoice or document supporting the purchase of the good, in its case.

Identification of the borrower and their guarantors

1.

Copy of official identification (passport, voter ID or professional ID) of the borrower and of the joint obligor, in its case.

2.

Copy of proof of address of the debtor and of the joint obligor, in its case.

3.

Proof of income or socioeconomic study or payment capacity of the debtor and, in its case, of the joint obligor.

For the celebration of the credit operation through Electronic Means

As an exception to the two previous sections:

1.

Regarding consumer credits whose amount does not exceed an amount equivalent 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 of these provisions, Institutions will only need to integrate into the credit file the Credit Information Report that was obtained prior to its granting. This is without prejudice to what is established in Article 41, fractions I and II of these provisions.

2.

For consumer credits that do not exceed the amount indicated in the previous numeral, contracted by clients who fall under Article 307 Bis, fraction I, subsection c) of these provisions, the documentation referred to in the section "Identification of the borrower and their guarantors" of this Annex must be additionally integrated into the report indicated in the previous numeral 1. This is without prejudice to what is established in Article 41, fractions I and II of these provisions.

Regarding consumer credits whose amount is greater than three thousand UDIs that are contracted through Electronic Means by clients who fall under the circumstance referred to in Article 307 Bis, fraction I of these provisions, Institutions must integrate the credit file with the information referred to in the previous sections. This is without prejudice to what is established in Article 41, fraction I of these provisions.

Follow-up

Information that allows appreciating the borrower's behavior in fulfilling their credit obligations with the Institution, such as disbursements, payments made, renewals, restructurings, haircuts, adjudications or dations in payment, as well as any other that supports the rating granted to the credit in question.

Guarantees

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

Credits in judicial collection

1.

Periodic and updated information according to the Institution's policies, of the person responsible for the judicial or extrajudicial collection of the credit.

2.

Information accrediting the settlement of debts (dation in payment, adjudications of guarantees and haircuts).

Restructured credits

1.

Authorization of the restructuring or judicial agreement, haircuts and write-offs according to the Institution's regulations, or in its case, the necessary information according to the applicable institutional programs.

2.

Voice recordings, broadcasting of agreements or, in general documentation or elements that restructure or well judicial agreement, promissory notes, in its case, including registration in the Public Commerce Registry when required.

Written-off credits

1.

Information accrediting that the different recovery instances were exhausted, or in its case, the necessary information according to the applicable institutional policies in this matter.

2.

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

Necessary to exercise the collection action

Promissory note(s) or, in its case, documents that according to the laws make the existence of the credit evident or well, accredit the ability to obtain it when they do not appear in the respective file. In the absence of the foregoing, documentation based on which they accredit being able to exercise any legitimate collection action in favor of the Institution.

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