Resolution modifying the General Provisions applicable to general warehouses, exchange houses, credit unions and regulated multiple-object financial companies

DOF: 04/04/2017

RESOLUTION modifying the General Provisions applicable to general warehouses, exchange houses, credit unions and regulated multiple-object financial companies

A seal with the National Coat of Arms appears at the margin, 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 Article 11 Bis, sixth paragraph of the General Law of Organizations and Auxiliary Credit Activities, as well as Articles 4, sections XXXVI and XXXVIII, and 16, section I of the Law of the National Banking and Securities Commission, and

CONSIDERING

That in order to have stricter control over the goods deposited in general warehouses, it is deemed convenient to establish the obligation for these financial entities to consult the Unified Register of Movable Guarantees referred to in the Commercial Code, prior to issuing deposit certificates and pledge bonds, with the purpose of avoiding that goods already pledged as collateral are covered, has resolved to issue the following:

RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO GENERAL WAREHOUSES, EXCHANGE HOUSES, CREDIT UNIONS AND REGULATED MULTIPLE-OBJECT FINANCIAL COMPANIES

SOLE.- Article 59 Bis 2, section II is REFORMED and Article 59 Bis is ADDED with a final paragraph to the "General Provisions applicable to general warehouses, exchange houses, credit unions and regulated multiple-object financial companies", published in the Official Gazette of the Federation on January 19, 2009 and reformed through Resolutions published in the same Gazette on July 1 and 30, 2009, February 18, 2010, February 4, April 11 and December 22, 2011, February 3 and June 27, 2012, January 31, 2013, December 3, 2014, January 8 and 12, May 19, October 19 and 28, 2015, January 22, May 13, September 28 and December 27, 2016, as well as that issued on February 14, 2017, to read as follows:

" Article 59 Bis.-

...

...

...

General warehouses must consult the Unified Register of Movable Guarantees referred to in the Commercial Code, prior to issuing deposit certificates and pledge bonds, in order to verify that the goods or assets covered by said credit instruments are not granted as collateral. "

" Article 59 Bis 2.-

...

I.

...

II.
The designation of the personnel or administrative unit authorized to consult and register the data entered in the Register of certificates and pledge bonds or, where applicable, in the RUCAM or to consult the data of the Unified Register of Movable Guarantees referred to in the Commercial Code prior to the issuance of deposit certificates and pledge bonds.

III. to V.

...

... "

TRANSITORY

SOLE.- This Resolution shall enter into force six months following the date of its publication in the Official Gazette of the Federation.

Respectfully

Mexico City, March 28, 2017.- The President of the National Banking and Securities Commission, Jaime González Aguadé.- Signature.

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