2026-07-02 | DOF 5792398Added
The resolution amends Article 1, fraction XCI, and Annex 74 of the General Provisions applicable to credit institutions to update the definition of "qualified investor" and the procedural requirements for recording the unilateral declaration of will. It establishes specific financial thresholds for Basic qualified investors (1,500,000 UDIs in securities or 500,000 UDIs annual gross income), Sophisticated qualified investors (3,000,000 UDIs in securities or 1,000,000 UDIs annual gross income), and those participating in restricted public offerings (20,000,000 UDIs in securities). Additionally, it mandates a certificate from the common representative's secretary confirming that the attorney-in-fact's powers have not been revoked, modified, or limited at the time of signing the issuance act. These changes take effect the day following publication in the Official Gazette.
DOF: 02/07/2026
RESOLUTION modifying the General Provisions applicable to credit institutions (qualified investor)
A seal with the National Coat of Arms appears at the margin, stating: United Mexican States.- Treasury.- Ministry of
Treasury and Public Credit.- National Banking and Securities Commission.
The National Banking and Securities Commission, based on the provisions of articles 63, first paragraph;
64, first and sixth paragraphs; 81 Bis, first paragraph and 98 Bis of the Credit Institutions Law;
as well as 4, fractions XXVI, XXXVI and XXXVIII and 16, fraction I of the National Banking and Securities
Commission Law, and
CONSIDERING
That, the Credit Institutions Law establishes the obligation that bank bonds and
subordinated obligations be issued through a unilateral declaration of will, which must be made
recorded before the National Banking and Securities Commission. In this sense, with the purpose of strengthening regulatory
coherence and providing greater legal certainty to credit institutions, clarifications are made in
the process to formalize it,
And
That, with the objective of providing legal certainty both to credit institutions and to
persons who carry out operations with securities and derivatives issued by them, the definition
of "qualified investor" is homogenized with the definitions established in other general provisions, has
resolved to issue the following:
RESOLUTION MODIFYING THE GENERAL PROVISIONS
APPLICABLE TO
CREDIT INSTITUTIONS
SINGLE.- Article 1, fraction XCI and Annex 74, in its subsection c), item 2 of the
"General Provisions applicable to credit institutions", published in the Official Gazette of the
Federations on December 2, 2005 and modified through resolutions published in the aforementioned medium
of dissemination, are REFORMED, to read as follows:
" Article 1.-
. . .
I. to XC. . . .
XCI.
Qualified investor:
a)
Basic: the person who maintains on average, during the last 12 months, investments in
Securities for an amount equal to or greater than 1,500,000 UDIs or who has obtained in each of the
last 2 years, annual gross income equal to or greater than 500,000 UDIs.
b)
Sophisticated: the person who maintains on average during the last 12 months,
investments in Securities in one or several financial entities, for an amount equal to or greater than
3,000,000 UDIs or who has obtained in each of the last 2 years annual gross income
equal to or greater than 1,000,000 UDIs.
c)
To participate in restricted public offerings: the person who maintained on average
during the last year, investments in Securities equivalent in national currency to, at least,
20,000,000 UDIs.
XCII. to CXLVII.
. . . "
TRANSITORY
SINGLE.- This Resolution will enter into force the day following its publication in the Official Gazette
of the Federation.
Respectfully
Mexico City, June 22, 2026. - President of the National Banking and Securities Commission,
Ángel Cabrera Mendoza.- Rubric.
" Annex 74
Instructions for recording before the Commission the unilateral declaration
of will through the minutes
of issuance.
. . .
a)
. . .
b)
. . .
c)
. . .
. . .
Certificate signed by the secretary of the board of directors of the common representative,
in which he authenticates that the powers of his attorney-in-fact have not been revoked,
modified or limited as of the date of signing the issuance act or the modification to the act of
corresponding issuance. "
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