2026-08-07 | DOF 5795722Added
The Mexican National Banking and Securities Commission amends general provisions for equity and debt investment funds, introducing definitions for ESG Investment Assets and establishing that funds using ESG-related terms in their names or marketing must invest at least 80% of their net assets in such assets. The resolution mandates that these funds disclose their ESG objectives, policies, and investment regimes, identify related risks, and adjust portfolios to meet criteria within ninety days if assets cease to qualify. It also updates reporting formats and timelines for financial statements and introduces new risk management definitions.
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DOF: 07/08/2026
RESOLUTION modifying the General Provisions applicable to investment funds and to the persons who provide services to them
A seal with the National Coat of Arms appears at the margin, which says: United Mexican States.- Treasury.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.
The National Banking and Securities Commission,
based on
articles 7, second paragraph; 9, first, fifteenth (XV), fourth, and seventh paragraphs; 15, fifth paragraph; 27; 34, fraction III; 39 Bis 4, and 58 of the Investment Funds Law;
98 Bis of the Credit Institutions Law,
as well as 4, fractions XXXVI and XXXVIII; 16, fraction I, and 19 of the Law of the National Banking and Securities Commission,
and
CONSIDERING
That, in Agenda 2030 and in the international commitments subscribed by the Mexican government, such as the Paris Agreement, the importance of mitigating the effects of climate change is recognized;
That, in this sense, there are investment funds that invest in assets issued with environmental, social, and governance (ESG) objectives, so it is considered fundamental to include in the regulations applicable to investment funds and to the persons who provide services to them, the possibility for equity and debt investment funds to use in their name terms related to ESG, in which case they must disclose the relationship of their objectives, policies, and investment regime with ESG factors and invest at least eighty percent of their portfolio in said assets.
Likewise, equity and debt investment funds must identify and reveal the ESG risks that could affect them,
And,
Due to the lack of uniformity in the corporate name and board code for specialized equity and debt investment funds, it has been identified the relevance of making clarifications on the information provided to investors, to avoid the existence of risks related to conflicts of interest and unclear practices;
Therefore, with the objective of harmonizing current regulations, it is indispensable to establish provisions applicable to specialized investment funds and those that are named or promoted as ESG, which will guarantee transparency in the information offered to investors, reduce risks derived from the lack of clarity in the matter, and promote the channeling of resources towards activities and projects that contribute to economic, social, and environmental development;
Therefore, it has resolved to issue the following:
RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO INVESTMENT FUNDS AND TO THE PERSONS WHO PROVIDE SERVICES TO THEM
UNIQUE.-
Articles 1; 9, first paragraph, fraction II, first paragraph; 14 Bis, third paragraph; 80, in the denomination of Series R03 to remain as follows:
"Investments in securities, repo operations and lending of securities and financial derivative instruments";
81, first paragraph, fractions I, subsection a), III, subsections b) and c), and IV, subsection a);
119, first paragraph, fraction I, first paragraph, subsection b);
123, third paragraph, fraction I;
136, first, third, eighth, and ninth paragraphs;
and of Annex 8, the denomination of Series R03 to remain as follows:
"Investments in securities, repo operations and lending of securities and financial derivative instruments",
as well as those of reports B-0321, B-0322, and J-0312 to remain respectively, as follows:
"Breakdown of securities acquired in repo";
"Lending of securities"
and
"Provision of accrued interest on securities"
contained in the second paragraph, as well as the fifth paragraph of the capture format;
Article 6 Bis and the capture format of report J-0311, applicable for equity and debt investment funds, are ADDED, to remain in the sixth paragraph of Series R03 of Annex 8, moving the remaining paragraphs in their order as appropriate,
and
Annexes 1; 2; 3; the index of 8, and 19 of the "General Provisions applicable to investment funds and to the persons who provide services to them", published in the Official Gazette of the Federation on November 24, 2014, and modified through various resolutions published in the cited dissemination medium, are SUBSTITUTED, to remain as follows:
"Article 1.- In addition to the definitions contained in the Law, for the purposes of these provisions, the following shall be understood, in singular or plural:
I. ESG Investment Assets, to the Investment Assets that comply with at least one of the following criteria:
a) Be aligned with the Mexico Sustainable Taxonomy, which the Ministry of Finance and Public Credit issued on March 16, 2023, its updates, or the one that replaces it.
b) Be aligned with any environmental, social, governance, sustainable, or sustainable taxonomy, issued by an authority of a country that is a designated member of the Council of the International Organization of Securities Commissions or that is part of the European Union.
c) Have a rating that certifies characteristics related to sustainable, environmental, social, or governance factors issued by any provider of this rating service, which is independent of the investment fund operating company. Such rating must be within the range that said service provider establishes in compliance with sustainable, environmental, social, or governance factors; in case the service provider does not establish a compliance range, the highest third of the scale of ratings of sustainable, environmental, social, or governance factors shall be taken.
d) Have any sustainable labeling that complies with the standards established by any financial authority or stock exchange, national or from a country that is a designated member of the Council of the International Organization of Securities Commissions or that is part of the European Union."
II. Integral Risk Management, to the set of objectives, policies, procedures, and actions carried out to identify, measure, monitor, limit, control, inform, and reveal the different risks to which equity and debt investment funds are exposed.
III. Independent External Auditor, to the public accountant or licensed public accountant who fulfills, where applicable, the characteristics and requirements contained in the "General Provisions applicable to entities and issuers supervised by the National Banking and Securities Commission that hire external audit services for basic financial statements" and its modifications.
IV. Fiduciary Trust Certificates, to those fiduciary trust certificates of development, real estate, and indexed to which Article 63 Bis 1 of the Securities Market Law refers, as well as fiduciary trust certificates of investment in energy and infrastructure and fiduciary trust certificates of investment projects to which the "General Provisions applicable to securities issuers and other participants in the securities market", published in the Official Gazette of the Federation on March 19, 2003, and their respective modifications refer.
V. Operational Contingency, to any event that hinders or disables a company that administers electronic trading mechanisms for shares of investment funds or disclosure of investment fund information, from providing its services or carrying out the necessary processes to carry out the activities referred to in Article 64 Bis 12 of these provisions.
VI. Issuer, to that considered as such by the Securities Market Law, as well as by the general provisions emanating from said law.
VII. Risk Factor, to the economic or operational variable whose movements can generate changes in returns or in the value of assets, liabilities, or equity of the investment funds to which asset administration services are provided by investment fund operating companies.
VIII. Independence, to the condition presented by a Business Unit with respect to another in terms of having no conflict of interest that affects the adequate performance of its functions.
IX. Qualified Investor, that considered as such by the Securities Market Law, as well as by the general provisions emanating from said law.
X. Institutional Investor, that considered as such by the Securities Market Law.
XI. Law, to the Investment Funds Law.
XII. Specific Exposure Limit to Risk, to the permissible magnitude of exposure to a determined discretionary risk, assigned for each investment fund to which the operating company provides asset administration services, to a type of asset, risk factor, cause or origin thereof, up to an employee or official specifically inside the investment fund operating company.
XIII. Global Exposure Limit to Risk, to the permissible magnitude of exposure to the different types of discretionary risks per investment fund to which an operating company provides asset administration services, including their risk factors, cause or origin thereof.
XIV. Risk Tolerance Level, to the permissible magnitude of exposure to a non-discretionary risk, for an investment fund to which asset administration services are provided by investment fund operating companies.
XV. Unmodified (or favorable) opinion or modified (or unfavorable) opinion, to those defined as such in the International Auditing Standards, issued by the International Auditing and Assurance Standards Board of the International Federation of Accountants.
XVI. Business Continuity Plan, to the set of strategies, procedures, and actions that allow continuity in the provision of services or in the realization of processes of companies that administer electronic trading mechanisms for shares of investment funds or disclosure of investment fund information, in the face of operational contingencies, or their timely restoration, as well as the mitigation of damages resulting from said contingencies.
XVII. Credit Information Reports, to the special credit reports issued by credit information societies referred to in Article 36 Bis of the Law to Regulate Credit Information Societies, following:
a) That emitted by a credit information society in which the information contained in the databases of the other credit information societies is included, or
b) The individual credit reports emitted by all credit information societies.
XVIII. SEDI, to the electronic system for sending and disseminating information that is authorized by the Commission to the stock exchange in question.
XIX. Complementary or Auxiliary Services, to those provided by companies to operating companies, distributing companies, or share valuation companies of investment funds, as applicable, related to support or assistance in their administration or in the realization of the activities provided for in Articles 39 and 39 Bis, regarding operating companies of investment funds, the activities indicated in Article 40 Bis for the case of share distributing companies of investment funds and Article 44, regarding share valuation companies of investment funds.
XX. SITI, to the Interinstitutional System for Information Transfer.
XXI. STIV, to the System for Information Transfer on Securities, instrumented by the Commission.
XXII. UDI, to the account units called "Investment Units" established in the "Decree by which the obligations that may be denominated in Investment Units are established and reform and adds various provisions of the Federal Fiscal Code and the Income Tax Law", published in the Official Gazette of the Federation on April 1, 1995, whose value in national currency will be that published by the Bank of Mexico in the Official Gazette of the Federation.
XXIII. Business Unit, to the originating and taking areas of discretionary risks of investment fund operating companies on behalf of the investment funds whose assets they administer.
XXIV. Structured Securities, to the Securities with or without obligation to pay principal or interest, issued by trusts, financial entities, or any other company that according to applicable laws is authorized for such effect, whose return and, if applicable, payment of principal is referenced to the behavior of one or several underlying assets, regardless of the nature of the titles or documents in which they are recorded.
XXV. Asset-Backed Securities, to the Securities whose source of payment comes from the resources, returns, or income generated by a set of financial assets that have determined or determinable payment flows, or, in its case, by any asset destined for the fulfillment of the payment of the issuance, which grant the right to receive cash flows in a determined period or, in its case, the right to ownership or title of said financial assets.
Asset-Backed Securities shall not be considered to be Fiduciary Trust Certificates, Structured Securities, nor the shares representing the social capital of investment funds referred to in the Law.
Nor shall any other Security emitted by collective investment mechanisms that have particular investment strategies and objectives be considered as Asset-Backed Securities."
"Article 6 Bis.- Equity and debt investment funds may specialize in accordance with Annex 1, numerals 3 or 4 of these provisions, using in their corporate name, board code, advertising, or propaganda, expressions that refer to the Investment Assets in which the investment fund specializes, provided that they comply with maintaining at least 80% of the net asset of the fund invested in said Investment Assets.
Regarding specialized equity and debt investment funds specializing in ESG Investment Assets in accordance with Annex 1, numeral 4 of these provisions, they may use in their corporate name, board code, advertising, or propaganda, expressions such as sustainable, green, environmental, social, ESG, GRI, or others that refer to some of said factors or that express similar ideas in any language. "
"Article 9.- . . .
I. . . .
II. Investments that have been made within the applicable limits and that fall outside of these due to variations in the prices of their assets, purchases or sales of shares representing their paid-in capital that deviate from the average volume of daily operation, or because the assets in which they invest cease to comply with the criteria to be considered as ESG Investment Assets, in accordance with the definitions established in these provisions, said investments must adjust to the corresponding parameters, within a period that does not exceed ninety natural days, without this being considered a breach of their investment regime.
. . .
. . .
III. and IV . . . .
. . .
. . .
. . .
. . .
. . . "
"Article 14 Bis.- . . .
I. to XXVIII. . . .
. . .
Each time the prospectus of information to the investing public is modified, a copy showing highlighted changes, accompanied by the format contained in Annex 22 of these provisions, signed by the person authorized to sign the prospectus in question or by the legal representative of the operating company that administers the investment fund, must be sent to the Commission, at the latest within five business days prior to the date on which the modifications take effect, which must have inserted the declaration under oath of telling the truth that indicates that the changes fall into one of the scenarios referred to in the previous fractions.
The cited copy must be sent to the Commission in terms of what is indicated in Article 85 of these provisions.
. . . "
"Article 80.- . . .
Series R01 . . .
Series R03
Investments in securities, repo operations and lending of securities and financial derivative instruments
. . .
. . .
. . .
. . .
. . .
. . .
. . .
Series R13 . . .
Series R14 . . .
Series R24 . . .
. . .
. . . "
"Article 81.- . . .
I. . . .
a) Regarding equity and debt investment funds, the information relative to the reports of Series R03 Investments in securities, repo operations and lending of securities and financial derivative instruments, the reports B-1321 Statement of Financial Position (CO-BR[1]) and B-1322 Comprehensive Income Statement (CO-BR[2]) of Series R13 and the reports B-1421 Determination of the updated valuation price of the shares representing the social capital of the investment funds (VA-PR) and C-1431 Investment Parameters (RI-VA[3]) of Series R14, providing the next business day after its date.
II. . . .
III. . . .
a) . . .
b) Regarding investment fund operating companies, the reports of Series R01 Minimum Catalog, R03 Investments in securities, repo operations and lending of securities and financial derivative instruments and R13 Financial Statements with figures at the close of the months of March, June, September, and December within fifteen natural days following its date.
c) Regarding share distributing companies of investment funds, the reports of Series R01 Minimum Catalog, R03 Investments in securities, repo operations and lending of securities and financial derivative instruments and R13 Financial Statements, except the report C-1331 Investment Portfolio Valuation Statement (CO-VC), with figures and data at the close of the months of March, June, September, and December, said information being sent within ten business days following its date.
d) . . .
IV. . . .
a) In the case of equity and debt investment funds, the reports B-1321 Statement of Financial Position (CO-BR[1]), B-1322 Comprehensive Income Statement (CO-BR[2]) and C-1331 Investment Portfolio Valuation Statement (CO-VC) of Series R13 within ninety natural days following the conclusion of the exercise that corresponds.
b) to e) . . . "
"Article 119.- . . .
I. . . .
a) . . .
b) Non-discretionary risks, which are those that impact the business operation and could affect the equity of investment funds, but which are not the product of taking a risk position, such as:
Operational risk, defined as the potential loss due to failures or deficiencies in internal controls, due to errors not attributable to technological tools in the processing and storage of operations or in the transmission of information.
Technological risk, defined as the potential loss due to damage, interruption, alteration, or failures derived from the use or dependence in hardware, software, systems, applications, networks, and any other channel of information distribution.
Legal risk, defined as the potential loss due to non-compliance with applicable legal and administrative provisions, the issuance of unfavorable administrative and judicial resolutions, and the application of sanctions.
Environmental, social, and governance risks, are defined as the
potential loss or possible material or relevant effects on the investment fund in question, due to environmental, social, and governance events.
. . .
II.
. . . "
" Article 123.-
. . .
. . .
I. Measure, monitor, and control that the comprehensive risk management considers all risks incurred by the investment funds to which asset management services are provided by investment fund operating companies, including, among others, those provided for in article 119 of these provisions.
II. to XII. . . . "
" Article 136.- Equity investment funds and debt instrument funds must make available to the public, through the website of the investment fund operating companies that administer them, of the distribution companies and financial entities that provide them with the service of distributing their shares, a report containing the composition of their investment portfolio at the close of each month, to be published within the first five business days following the month in question.
. . .
Additionally, in the event that equity investment funds and debt instrument funds maintain investments in shares of other investment funds or collective investment mechanisms that represent individually more than ten percent of their investment portfolio, they must indicate in the publication referred to in this article, the electronic address of the website, on which the shareholder can consult the indirect holding of the Investment Assets that make up said funds or investment mechanisms.
. . .
. . .
. . .
. . .
Equity investment funds and debt instrument funds must agree in the contracts they enter into with distribution companies and financial entities that provide them with distribution services for their shares, that these companies and entities have available the report referred to in this article.
Equity investment funds and debt instrument funds referred to in Article 6 Bis, second paragraph of these provisions, must specify, in addition to the ESG Investment Assets that make up their investment portfolio, the criteria with which said assets comply, in terms of what is provided in these provisions, according to the following, as applicable:
I. Indicate whether the assets are aligned with the Mexican Sustainable Taxonomy.
II. Indicate whether the assets are aligned with any other taxonomy other than the previous fraction, specifying which taxonomy was considered.
III. Provide the rating assigned to the asset, as well as the corporate name or name of who issued said rating.
IV. Include the name of the labeling standards that the asset complies with, along with the name of who issued said standards. "
TRANSITORY PROVISIONS
FIRST.- This Resolution will enter into force the day following its publication in the Official Journal of the Federation.
SECOND.- Investment funds will have up to twelve months, counted from the entry into force of this instrument, to present to the National Banking and Securities Commission their prospectus of information to the public investor incorporating the information, as applicable, resulting from compliance with what is provided in this Resolution, which may be provided in the update they must make to said document, in terms of what is established in Annex 2, fraction I, section B, which is modified with this Resolution.
THIRD.- Investment fund operating companies will have up to twelve months, counted from the entry into force of this instrument, in order to have available to the National Banking and Securities Commission the corresponding modifications to the operation and functioning manuals, as well as to the documents indicated in Annex 19 of this Resolution, in order for this decentralized body to have the information that allows it to exercise its supervisory power and, if applicable, issue observations.
FOURTH.- Investment funds that, upon the entry into force of this Resolution, use in their name, ticker symbol, advertising or propaganda, expressions that are not related to the Investment Assets on which they specialize, will have up to twelve months, counted from the entry into force of this instrument, to observe what is provided in Article 6 Bis and Annex 1 of this Resolution.
FIFTH.- Investment funds that, upon the entry into force of this Resolution, use in their name, ticker symbol, advertising or propaganda, expressions such as sustainable, sustainable, ESG, ESG or others that refer to some of the environmental, social or governance factors or that express similar ideas in any language, will have up to twelve months, counted from the entry into force of this instrument, to comply with what is established in Article 6 Bis, second paragraph of this Resolution.
SIXTH.- The modifications to the capture format of the regulatory report J-0311 of the Series R03 Investments in securities, repo operations and securities lending and derivative financial instruments contained in Annex 8 of this resolution, will enter into force on January 1, 2027.
Respectfully
Mexico City, July 27, 2026.- President of the National Banking and Securities Commission, Ángel Cabrera Mendoza.- Signature.
ANNEX 1
CATEGORIZATION OF EQUITY INVESTMENT FUNDS AND DEBT INSTRUMENT FUNDS ACCORDING TO THEIR INVESTMENT REGIME
Category | Duration of their Investment Assets Short term | Less than or equal to one year Medium term | Greater than one year and less than or equal to three years Long term | Greater than three years
For the purposes of what is provided in this Annex, the duration of their Investment Assets will be understood as the sum of the weighted average maturity of the cash flows of each Investment Asset that makes up the portfolio of the investment fund in question, determined by the price provider contracted by the investment fund, weighted by its percentage of participation in it.
The investment regime of investment funds in debt instruments categorized as money market funds will strictly adhere to the following:
a) Investments in securities issued or guaranteed by the United Mexican States, as well as those issued by the Bank of Mexico.
b) Investments in bank deposits of money on demand and debt securities issued by credit institutions that have any of the two highest ratings, on the national short-term scale, granted by any securities rating institution.
c) Repo operations on securities for one business day, which in all cases must represent at least 40% of the asset of the investment fund.
d) The duration of their Investment Assets must be less than one month.
e) The term to maturity of the securities indicated in letters a) and b) may in no case exceed one year.
f) The maximum investment in bank deposits of money on demand and securities issued by the same credit institution, may not exceed 5% of the asset of the investment fund.
The investment in securities issued by the same development banking institution may not exceed 10% of the asset of the investment fund.
Money market investment funds in debt instruments may not enter into operations with derivative financial instruments directly, nor through Structured Securities.
In all cases, this categorization of funds must warn the investor on the cover of their prospectuses of information to the public investor, their key information documents, as well as in any other promotional medium, that the purchase of shares of money market investment funds in debt instruments is not equivalent to constituting money deposits in credit institutions.
Category | Portfolio Specialized in equity | Minimum 80% in equity* Majority in equity | Maximum 80% and minimum 50% equity* Majority in debt securities | Maximum 80% and minimum 50% in debt instruments Specialized in debt securities | Minimum 80% in debt instruments
Only the investment funds referred to in this paragraph may make reference in their name or ticker symbol to the Investment Assets on which they are specialized.
In the case of investment funds whose objective is to replicate the returns of any index, interest rate, exchange rate or collective investment mechanism that operate in securities markets, in addition to complying with the specialization percentage indicated in the previous paragraph, they must maintain a beta between the variable in question and the price of their share whose value oscillates between 0.95 and 1.05 units, considering for this effect the last one hundred observations.
For the purposes of what is provided in this numeral, beta will be understood as the indicator that shows the sensitivity of the price of the share of the investment fund in question, to changes in the variable with respect to which it is referenced.
Discretionary investment funds must clearly and precisely specify in their prospectuses of information to the public investor the model or methodology used for the selection of the Investment Assets in which they will invest in order to comply with their objectives, as well as the type of investor and level of risk that investors to whom they are directed will assume, specifying the risk implied by investment in this type of funds considering the diversity of assets in which they can invest, additionally indicating if indicators such as indices, rates, currencies or combinations of these will be taken as reference.
In all cases, this category of funds must warn the investor on the cover of their prospectuses of information to the public investor and of any promotional medium, that these are funds that by their degree of specialization are recommended for investors with broad financial knowledge.
They must also indicate the historical evolution of the types of assets that have formed their investment portfolio and, in the case of newly created investment funds, the initial mix of Investment Assets.
ANNEX 2
REQUIREMENTS AND CHARACTERISTICS FOR THE PREPARATION OF THE PROSPECTUS OF INFORMATION TO THE PUBLIC INVESTOR OF EQUITY INVESTMENT FUNDS AND DEBT INSTRUMENT FUNDS
I. GENERAL GUIDELINES
This document includes the information disclosure requirements to which equity investment funds and debt instrument investment funds (Investment Funds) must adhere for the preparation of prospectuses of information to the public investor (Prospectuses).
The Prospectus must be prepared based on an information disclosure approach, that is, providing the investor with all that information necessary for them to be able to make a reasoned and well-informed investment decision regarding the Investment Fund in question.
The order in which the different sections of the Prospectus are presented must adhere to this Annex, except for those particular cases that require a different order and are previously authorized by the Commission.
In the preparation of the Prospectus, clear and easy-to-understand language must always be used, avoiding technical terms or complicated legal formalisms that cannot be easily understood by a person who does not have specialized knowledge in the matter in question.
Likewise, superlative terms and value judgments must be avoided; however, if deemed necessary, they must be adequately justified.
A. RELEVANCE PRINCIPLE
In addition to the information explicitly required in the various sections of the Prospectus, all relevant information must be included, understood as all information from the Investment Fund necessary to know its real and current situation in financial, administrative, economic and legal matters, as well as its risks, as well as the information of the investment fund operating company that administers the Investment Fund and, if applicable, that of the financial group to which the latter belongs, regardless of its position in the group, as long as it influences or affects said situation, and that is necessary for reasoned investment decisions and estimation of the price of the shares of the Investment Fund, in accordance with uses and practices of analysis of the Mexican securities market.
This principle must be followed at all times in the preparation of the Prospectus when determining the depth and breadth with which the various topics established in this Annex must be developed.
It will be the responsibility of the Investment Funds, as well as the persons who sign the Prospectus, to determine what information is considered relevant in the context of the particular characteristics of each Investment Fund, taking into account both quantitative and qualitative factors.
The Commission may require the inclusion of additional information or in substitution of the information required in this Annex, when the disclosure of said information is considered necessary.
B. SPECIFICATIONS OF THE PROSPECTUS
The Prospectus will contain information related to the Investment Fund in detail.
Likewise, the document with key information for investment will be part of the Prospectus, which must be delivered to investors, complying with what is indicated in Annex 3 of these provisions.
Prospectuses of newly created Investment Funds, as well as modifications to Prospectuses that do not fall under what is provided in Article 14 Bis of these provisions, must be sent to the Commission through the STIV, for their authorization, omitting the information related to dates of authorization or modification of the Prospectus, share capital, number of shareholders, investors who own more than 30% of a series or more than 5% of the share capital, returns, ticker symbols, composition of the investment portfolio, minimum investment amounts, commissions, remunerations, observed risk value in the last year, members of the board of directors and names of service providers, as well as the credit or market risk rating in which the Investment Fund will be located, which will not be subject to authorization and may be modified at any time.
The corresponding sections may be indicated with a blank space and once the Prospectus is authorized, the information related to each of them must be included as applicable.
The Prospectuses and documents with key information for investment must be available at all times to the public investor through the website of the investment fund operating company that administers the Investment Funds or, if applicable, that of the financial group to which the latter belongs, as well as on the website of the other distribution companies and financial entities that distribute their shares integrally.
In the case of shared information corresponding to Investment Funds administered by the same investment fund operating company, it may be presented for its authorization in a single document.
Likewise, the information that is presented in detail for each Investment Fund may in no case make exceptions to the shared information by the other Investment Funds.
The copies of the Prospectuses that are sent to the Commission with observations formulated by this supervisory body must show the changes highlighted and be accompanied by the format contained in Annex 22 of these provisions, signed by the person authorized to sign the prospectus in question or by the legal representative of the operating company that administers the Investment Fund, which must have inserted the sworn statement of truth indicating that the highlighted changes are the only ones made to the last version delivered to this authority.
Investment Funds must update their Prospectus at least once a year, no later than the tenth business day following the approval of the annual financial statements by the board of directors of the operating company that administers them.
This updated Prospectus must be sent to the Commission at least five business days before the modifications take effect, including a copy with the changes highlighted and the format contained in Annex 22 of these provisions, signed by the person authorized to sign the document or by the legal representative of the operating company that administers the Investment Fund, which must have inserted the sworn statement of truth indicating that the changes correspond to the scenarios established in the fractions of Article 14 Bis of these provisions.
Without prejudice to the foregoing, additional updates to the Prospectus may be made as long as they comply with the scenarios provided for in said article.
In all cases, Investment Funds must send through the STIV to the Commission, as well as to the distribution companies and financial entities that provide them with the service of distributing their shares, a duly signed copy of the Prospectus no later than the business day following the notification of the authorization of the modifications, or of the updates, that are made to the Prospectus.
C. EXTERNAL INFORMATION SOURCES AND EXPERT DECLARATION
When a report, statistics or other information contained in the Prospectus has been obtained from a public information source, it must be cited.
In the event that the information comes from an expert, a declaration must be included indicating that said information has been included with the consent of the person in question.
D. REFERENCES TO LAWS AND OTHER REGULATIONS
When reference is made to any provision contained in any law or secondary regulation, its content must be described.
II. INFORMATION REQUIRED IN THE PROSPECTUSES
A) COVER
The cover of the Prospectus must contain, at a minimum, the following information:
Superlative terms and value judgments, references to Investment Assets on which they are not specialized, as well as terms that may induce the public to deception, error or confusion must be avoided.
Investment funds may use in their corporate name and ticker
such as those referring to the Investment Assets, including ESG Investment Assets, in which the investment fund specializes, in terms of Article 6 Bis of these provisions.
Category of the Investment Fund.
Specification of the share classes and series.
Corporate domicile and address of the operating society that administers the Investment Fund or, as applicable, the customer service offices of this or any of the distributing societies and financial entities that provide the share distribution service to the Investment Fund.
Website of the operating society that administers the Investment Fund, as well as contact details for requesting additional information.
Date of authorization of the Prospectus.
The following legend referred to in Article 9, third paragraph of the Law: " The authorization of information prospectuses for investor public does not imply certification regarding the merit of the shares they issue or regarding the solvency, liquidity, credit quality or future performance of the funds, nor of the Investment Assets that make up their portfolio. "
Corporate name of the operating society that administers the Investment Fund.
Days and hours for receiving orders. If this information is extensive, it should be referred to the corresponding section, indicating only the periodicity and schedule.
Declaration stating that the information contained in the Prospectus is the responsibility of the operating society that administers the Investment Fund in question.
Indication that the investment in the Investment Fund is not guaranteed by the Federal Government nor the entities of the semi-public administration.
Mention that the operating society that administers the Investment Fund and, as applicable, the distributing society and/or financial entity that provides the share distribution service, have no payment obligation regarding the mentioned Investment Fund and that the investment in this is only backed by the amount of the equity of the Investment Fund itself.
Indication that the updated version of the Prospectus can be consulted on the website of the operating society that administers the Investment Fund or, as applicable, of the financial group to which it belongs, as well as on the electronic page of the distributing societies and financial entities that provide the share distribution service of the Investment Fund.
Regarding Investment Funds classified as discretionary, it must be warned that these are funds that, due to their degree of specialization, are recommended for investors with extensive financial knowledge.
In the case of Investment Funds categorized as money market funds, it must be warned that the purchase of their shares does not equate to constituting money deposits in credit institutions.
B) INDEX
On the first page of the Prospectus, an index of its content must be incorporated according to the following:
a) Investment objectives and horizon. b) Investment policies. c) Investment regime. i) Participation in financial derivative instruments, Structured Securities, Fiduciary Exchange Certificates or Asset-Backed Securities. ii) Temporary investment strategies. d) Investment risks (include only those that are applicable). i) Market risk. ii) Credit risk. iii) Liquidity risk. iv) Operational risk. v) Counterparty risk. vi) Loss in disordered market conditions. vii) Legal risk. viii) Environmental, social and governance risks. e) Returns. i) Returns graph. ii) Returns table.
a) Possible acquirers. b) Policies for the sale and purchase of shares. i) Day and time for receiving orders. ii) Execution of operations. iii) Settlement of operations. iv) Causes of possible suspension of operations. c) Minimum amounts. d) Minimum period of stay. e) Limits and policies of holding by investor. f) Service providers. i) Operating society that administers the Investment Fund. ii) Distributing society and/or financial entity that provides share distribution services to the Investment Fund. iii) Share valuation society that provides services to the Investment Fund. iv) Other service providers. g) Costs, commissions and remunerations.
a) Organization of the Investment Fund according to what is provided in Article 10 of the Law. b) Capital structure and shareholders.
CORPORATE ACTS.
FISCAL REGIME.
DATE OF AUTHORIZATION OF THE PROSPECTUS AND PROCEDURE FOR DISCLOSING ITS MODIFICATIONS.
PUBLIC DOCUMENTS.
FINANCIAL INFORMATION.
ADDITIONAL INFORMATION.
RESPONSIBLE PERSONS.
APPENDIX. INVESTMENT PORTFOLIO.
The Prospectus must include in "bold" the following paragraph at the end of the index, ensuring that it is at least 2 points larger than the font size used in the index: " No intermediary, attorney-in-fact to conduct transactions with the public or any other person, has been authorized to provide information or make any statement that is not contained in this document. As a consequence of the foregoing, any information or statement that is not contained in this document shall be understood as not authorized by the Investment Fund. "
C) CONTENT
a) Investment objectives and horizon
In this section, the type of assets in which the Investment Fund will invest must be briefly described in accordance with its category, mentioning if they are shares, debt securities, financial derivative instruments, Structured Securities, Asset-Backed Securities or Fiduciary Exchange Certificates, as well as the bases that will be used as reference to determine the expected return, indicating if they are related to financial models or indices, interest rates, exchange rates or any other indicator, always that its composition and the source where it can be consulted publicly are indicated.
In all cases, Investment Funds must reveal the main risk associated with the investments they make.
Likewise, the term, in days, months or years, that is estimated or considered adequate for the investor to maintain their investment must be revealed, taking into consideration the objectives of the Investment Fund itself.
The Investment Fund must indicate the type of investors to which it is oriented, that is, small, medium or large investors, considering the minimum investment amounts required and their level of complexity or sophistication.
Likewise, it must indicate if it is directed at investors seeking high, medium or low-risk investments, based on its objective, strategy and rating.
Investment Funds referred to in Article 6 Bis, second paragraph of these provisions, must include at least the following:
i. Mention of the environmental, social or governance investment approach (for example, climate change, green, sustainability, among others). ii. Description of why the investment approach is considered environmental, social or governance. iii. Description of the specific objective of the Investment Fund (for example, financial performance, mitigation and/or adaptation to climate change, among others). iv. Specification regarding whether the Investment Fund will have a rating related to environmental, social or governance factors; in case of having such a rating, the meaning of this and the name of who issued it must be included, which must be a provider of environmental, social and governance rating service that is independent of the operating society of investment funds.
b) Investment policies
In this section, it must be explained whether the Investment Fund follows an active management strategy, in which it takes risks seeking to take advantage of market opportunities to try to increase its expected return and surpass its benchmark, or if asset management is passive or conservative, which seeks a return similar to that of its benchmark, without taking additional risks.
Additionally, the general investment policies that will guide the choice of investments must be described, specifying the types of equity securities in which it will invest, and in case of maintaining investments in shares, the general selection criteria must be indicated, such as activity sector, marketability, nationality of the issuer or size of the company, among others.
Regarding debt-representative securities, the duration of the Investment Fund's portfolio as a whole must be revealed, indicating if it is short, medium or long term, as well as if the securities that make it up are governmental, state, municipal, bank or corporate, or if it will be integrated by a mixture of such securities.
It must reveal, when applicable, the policies for contracting loans and credits, including those for the issuance of debt-representative securities at its charge.
In case the Investment Fund foresees carrying out repo operations or securities lending, it must specify if it will act as the borrower, lender, lender or borrower, as applicable.
When the Investment Fund receives investment advice or model portfolio services that suggest investment decision-making, it must reveal:
i) The degree of responsibility of the investment advisor in the implementation of the recommendations it issues. ii) The general data of the person providing the investment advisory service, including, but not limited to, its name or corporate name, description of the services it will provide to the Investment Fund, the country where it is incorporated and the authority that regulates it. iii) That the operating society that administers the Investment Fund will be responsible, at all times, for the operations carried out based on the recommendations received from the investment advisor.
Likewise, the contract for the provision of services corresponding to what is established in subsection iii) of the previous paragraph must be sent to the Commission, through the STIV, in which the aforementioned provision is established.
In case said contract is drafted in a language other than Spanish, in addition, a translation of said document must be provided.
If it is indexed or hedging Investment Funds, it must indicate the different alternatives or instruments that will be used.
Investment Funds referred to in Article 6 Bis, second paragraph of these provisions, must describe how environmental, social or governance factors were incorporated into the Investment Fund's investment policies.
c) Investment regime
In this section, the Investment Assets of the Investment Fund that will make up the Investment Fund's portfolio must be mentioned, indicating the diversification and specialization criteria; for the purposes of the foregoing, all information must be incorporated that allows investors to adequately understand the criteria and characteristics for the selection of the Investment Assets that are determined necessary to implement the investment strategy.
Likewise, it must be indicated if the Investment Fund will invest and in what proportion, in assets issued by societies of the same Consortium or Business Group to which, as applicable, the operating society that administers the Investment Fund belongs.
Likewise, if the Investment Fund acquires debt-representative securities, it must indicate the minimum credit risk rating, whether in local or global scale, or in both, as applicable at the time of acquisition.
In case the Investment Fund foresees carrying out repo operations or securities lending, it must mention the maximum term of such operations, the securities subject to these operations, counterparty selection policies, policies for agreeing the premium, as well as the price as applicable, regardless of the denomination currency of the securities subject to these operations.
Likewise, the liquidity policy must be indicated so that the Investment Fund has the necessary resources to meet its obligations.
Investment Funds referred to in Article 6 Bis, second paragraph of these provisions, must establish a specific parameter with a minimum investment percentage of 80% of its net asset in ESG Investment Assets.
Additionally, they must:
i. Describe if the Investment Fund will adopt, as applicable, any policy of: a. Exclusion and types of exclusion (for example, exclusion of investments in certain activities, sectors, countries, among others). b. Positive investment selection (for example, investments focused on companies with demonstrated excellence in ESG matters). c. ESG integration (for example, the integration of ESG factors in traditional financial analysis). d. Impact investment (for example, investment concentrated in financing initiatives that include a significant beneficial effect either social or environmental). e. Any other type of policy that the Investment Fund adopts regarding ESG Investment Assets. ii. Describe the following regarding ESG Investment Assets: a. Evaluation criteria (for example, reference to environmental, social or governance ratings, third-party certificates or labels, or alignment with the Sustainable Taxonomy of Mexico or any other taxonomy). b. Methods to verify that ESG Investment Assets continue to meet the criteria to be considered as such. c. Measures that will be taken in case any ESG Investment Asset in which they invest loses such character.
Additionally, a table must be included indicating the investment parameters determined by the Investment Fund itself, including, as applicable, repo operations, securities lending operations and financial derivative instruments, in which the types of securities and the minimum and maximum percentages permitted of these in relation to the net asset, social capital of the issuer, issuance or series, as applicable, are indicated.
Finally, if applicable, the following policies will be described:
i) Participation in financial derivative instruments, Structured Securities, Fiduciary Exchange Certificates or Asset-Backed Securities
In case the Investment Fund foresees carrying out operations with financial derivative instruments, it must mention the applicable operating policies, indicating if their purpose is exclusively for risk hedging, or if they will also be used for taking speculative risks.
Additionally, in the case of investments in Structured Securities, Fiduciary Exchange Certificates or Asset-Backed Securities, the types of structures in which the Investment Fund plans to invest must be detailed.
Regarding Investment Funds that take risks through financial derivative instruments, it must be indicated the way in which such instruments will be used, types of underlying assets appropriate to its category and investment regime, limits that will be established, types of operations that can be carried out and markets in which they can operate.
ii) Temporary investment strategies
In the case that the Investment Fund foresees carrying out temporary investments different from those indicated in its investment regime, under conditions of high volatility in financial markets, or well economic or political uncertainty, it must be indicated in this section.
Additionally, it must be indicated that, when adopting temporary investment strategies, the operating society of investment funds that administers it or the distributing societies and/or financial entities that provide the distribution service of its shares will make them known to the shareholders of the Investment Fund through the account statement and on the website of the mentioned operating society, describing the strategy to be implemented and the reasons for its adoption.
In case the possibility of implementing temporary investment strategies is not foreseen in the Prospectus, the Investment Fund must indicate that, at all times, it will adhere to its original strategy regardless of the environment.
d) Investment risks
In this section, the main risks to which the Investment Fund will be exposed according to its category and investment regime will be included, including first the most relevant one indicated in its objective.
In all cases, it will be explained clearly what the main risks consist of, the reason for being considered risks by the operating society that administers the Investment Fund and how they can affect its performance or equity.
In this sense, they must disclose the risks that may have a negative impact on the price of the shares of the mentioned Investment Fund.
Additionally, it must be indicated that, regardless of whether it is an equity Investment Fund or in debt instruments, of its objective, category or rating, there is always the possibility of losing the resources invested in said Investment Fund.
For each of the types of risk to which the Investment Fund is exposed, it must describe, as applicable, the following:
i) Market risk
In this section, the market risks to which the Investment Fund will be exposed, such as interest rates, exchange rates and price indices, among others, must be indicated, explaining the way in which such risks affect the price of the shares of the Investment Fund itself.
Additionally, the market risk rating in which the Investment Fund will be located and the meaning of this must be included, mentioning the range of the rating scale, where a certain indicator corresponds to the lowest market risk, while another represents the highest, as well as the definition of the level in which it is located.
The foregoing, using the scale of the rating agency that provides rating services to the Investment Fund.
Additionally, the maximum and average limit observed during the last year of its Value at Risk must be indicated, as well as a brief description of its meaning, methodology and assumptions used for its obtaining, including that the definition of Value at Risk is valid only under normal market conditions.
ii) Credit risk
In this section, the credit risks to which the Investment Fund will be exposed due to the failure to pay by an issuer of debt securities in which it invests must be explained.
As applicable, the credit risk rating in which the Investment Fund will be located and the meaning of said rating must be included, mentioning that the rating scale goes from "AAA" to "B", where "AAA" corresponds to the lowest credit risk, while "B" represents the highest, as well as the definition of the level in which it is located.
The foregoing, using the scale of the rating agency that provides rating services to the Investment Fund.
iii) Liquidity risk
In this section, the liquidity risk to which the Investment Fund will be exposed due to the potential loss that could be caused by the early or forced sale of securities in which the Investment Fund itself invests, or well unusual discounts to meet its repurchase obligations, must be explained.
iv) Operational risk
operativo
In this section, the operational risk to which the Investment Fund will be exposed must be explained, derived from the potential loss that could be caused by failures or deficiencies in internal controls, errors in the processing and storage of operations, or in the transmission of information, as well as by fraud or theft.
v) Counterparty Risk
In this section, the risk to which the Investment Fund will be exposed must be revealed, derived from a possible loss generated by the non-compliance with obligations assumed by its counterparties in operations with securities, instruments, or documents in which it invests.
vi) Loss under Disordered Market Conditions
In this section, the Investment Fund must reveal that the investor is exposed to a loss due to the possibility of the application of a differential in the valuation price of the purchase and sale operations of its shares, in the face of disordered market conditions that could generate significant and unusual purchases or sales of said shares.
To this effect, it must be indicated that said differential will be applied consistently to all operations carried out with investors, the amount of which will remain in the Investment Fund for the benefit of the shareholders who remain in it, and the mechanics for its application, as well as the history of its use by the Investment Fund itself, must be briefly described.
vii) Legal Risk
In this section, the legal risk to which the Investment Fund will be exposed must be explained, derived from the potential loss from the possible non-compliance with applicable legal and administrative provisions, by the issuance of unfavorable administrative and judicial resolutions, or by the application of sanctions related to the operations of the Investment Fund itself.
viii) Environmental, Social, and Governance Risks
In this section, the environmental, social, and governance risks must be described, derived from potential losses or possible material or relevant impacts on the corresponding investment fund, due to events of such risks.
e) Returns
In this section, the historical returns of the Investment Fund, where applicable, by share series, must be made known.
The information on returns will be calculated based on the methodology established by the Commission.
Regarding versions of the Prospectus presented on the website, a link to this information may be included in this section.
In the event that the Investment Fund has undergone any transformation, due to which the investment regime has changed significantly, the information presented regarding returns will start from the date such change takes effect.
The information presented in this section will apply to all share series with which the Investment Fund has.
In the event of not having the required information, the available historical information from the date of the start of operations of the Investment Fund will be used, provided that it is superior to six months.
The aforementioned Investment Fund must include a declaration stating that its past performance may not be indicative of the performance it will have in the future.
The following information regarding returns must be included in this section of the Prospectus:
i) Returns Graph
In this section, a graph with information related to the price of the Investment Fund's share and its performance during the last three years will be presented.
The graph must present the information assuming a hypothetical initial investment of $10,000.00, comparing it against the performance of a similar investment in some market index or benchmark, in the same time period.
Likewise, daily prices will be shown, through a linear graph, on the right vertical axis of the graph, while nominal monthly returns of the Investment Fund will be shown, through bar charts, on the horizontal axis.
Below is an example of the way in which the information should be presented:
For Protected Capital Investment Funds, in substitution for the graph with the information referred to in the previous paragraphs, a table must be shown, assuming an initial investment of $10,000.00, with the following three prospective scenarios: "positive", "base", and "negative", and whose data will be shown in monetary terms, allowing the investor to have a clear representation of the risk and performance profile of the Investment Fund.
The table must contain a result column and a comment column for each scenario, considering the following:
The "positive" scenario must assume that market conditions, at the end of the capital protection period, are better than current ones.
The "base" scenario must assume that current market conditions remain unchanged during the period in which the Investment Fund protects the capital.
The "negative" scenario must consider that market conditions, at the end of the capital protection period, are worse than current ones.
For the comments column, complementary information that could be useful for the better understanding of the results of each scenario must be considered.
Below is an example of the way in which the information should be presented:
The following results assume an initial investment of $10,000.00
Scenario | Result | Comment Positive | | Base | | Negative | |
ii) Returns Table
In this section, the returns of the last month, the last three months, the last twelve months, and the last three years, of the Investment Fund, of the risk-free instrument, and, where applicable, of the reference index, will be included, in accordance with the following table:
Table of Returns 1
| Last month | Last 3 months | Last 12 months | Year x, x-1 and x-2 | |
|---|---|---|---|---|
| Gross Return | ||||
| Net Return | ||||
| Risk-free Rate (28-day Cetes) | ||||
| Reference Index |
1/ For Variable Income Investment Funds, effective returns will be included, and for Investment Funds in Debt Instruments, nominal annualized returns.
If there are commissions, or costs not reflected in these returns, the Investment Fund must clarify that the returns may be lower than those shown due to such circumstance.
Regarding Investment Funds whose investment horizon is short-term, the average return in the last calendar year, as well as the highest and lowest monthly returns obtained within the same period, must be mentioned, in accordance with the following table:
Annualized (Nominal) Returns Table
| Last month | Last 3 months | Last 12 months | |
|---|---|---|---|
| Month | Return | Month | Return |
| Low | High | ||
| Gross Return | |||
| Net Return | |||
| Risk-free Rate (28-day Cetes) | |||
| Reference Index |
The provisions in the present sub-clause ii) will not be applicable regarding Protected Capital Investment Funds.
In this section, the information related to the general operational guidelines of the Investment Fund must be included, mentioning the policies and requirements to participate in it.
Where applicable, such information must be specified by share series.
In this sense, the following information must be provided:
a) Possible Acquirers
Mention the persons who may acquire its shares given the tax regime applicable to shareholders, indicating whether they are natural or legal persons, as well as persons not subject to withholding.
In the event that the Investment Fund establishes share series based on the criteria referred to in article 43 of the "General Provisions applicable to financial entities and other persons who provide investment services", which justifies by the distributing societies and/or financial entities that provide the service of distribution of investment fund shares the access of said clients to the series in question, it must:
Specifically indicate the share series that will be established in accordance with the aforementioned criterion.
Incorporate the following legend: "The committee responsible for the analysis of financial products, equivalent body, or person in charge of the distributing societies or financial entities that provide the service of distribution of shares to the investment fund, will be those who will elaborate and approve the criteria and conditions in accordance with what is established in article 43 of the 'General Provisions applicable to financial entities and other persons who provide investment services', to effect the access of investors to a certain series of the Investment Fund taking into consideration, in an enumerative but not exhaustive manner, the following:
(i) the provision of advised or non-advised services; (ii) the operation in securities and, where applicable, in Investment Funds; (iii) the investments in securities administered by client or contract, and (iv) any other quantitative or qualitative factor that impacts the segmentation of the clientele based on the services provided.
The aforementioned criteria must avoid inequitable treatment among investors and must be based on objective conditions."
Likewise, institutional investors who may invest in the values of the Investment Fund must be included, taking into consideration the authorization that the Commission has granted for said values to be the object of institutional investment.
b) Policies for the Purchase and Sale of Shares
The terms and conditions for investors to carry out purchase and sale operations of shares must be mentioned, specifying the procedure for the reception, transmission, and registration of purchase and sale orders of the shares of the Investment Fund and the terms through which investors can liquidate their entire participation.
Regarding Open Investment Funds, policies for the repurchase of the shares representing its social capital must be indicated, and the causes for which such operations could be suspended, establishing the maximum percentage of repurchases collectively by investors that the Investment Fund could attend, measured in function of its net assets, which cannot be superior to the minimum limit of easy-to-realize values, and values with maturity less than three months established in the investment regime of the Investment Fund.
Additionally, the policy that the Investment Fund will establish to attend to repurchases by investors that exceed the maximum percentage previously mentioned must be described.
Likewise, the preferential rights that might exist to subscribe and repurchase shares representing its social capital must be mentioned.
In the same way, the obligation on the part of the Investment Fund to acquire 100% of the shares of investors, at valuation price and without any differential, due to changes in the investment regime or repurchase, must be mentioned, specifying the deadlines for this.
i) Day and Time for the Reception of Orders
In this section, the days and schedule in which purchase and sale orders of shares can be received will be indicated, indicating the policy of business days of operation of the Investment Fund, specifying if its operation applies only by national business days or if it also uses calendars of business days of foreign markets.
In the event of using calendars of business days of foreign markets, the website of the operating society that administers the Investment Fund must be indicated, so that investors can consult the days of operation of the Investment Fund in question.
Additionally, when the Investment Fund establishes order reception schedules based on the securities markets where its Investment Object Assets are traded, the website of the operating society that administers the Investment Fund where the operation schedules of the Investment Fund in question, as well as any temporary changes, if any, can be consulted, must be indicated.
Likewise, the operation policy to be followed for the reception of requests, execution, and liquidation of the purchase and sale operations of the shares of the Investment Fund in the event that they are presented on non-business days must be established.
Regarding order reception schedules, the treatment policy for orders received outside the schedule established by the Investment Fund for such effects must be established.
ii) Execution of Operations
The Investment Fund must indicate the term in which the orders will be executed in relation to the date of sending of said orders, as well as the price at which the operations will be celebrated.
In any case, it must be revealed if in disordered market conditions a reduction in the price of the shares will be applied.
iii) Liquidation of Operations
Indicate the liquidation term of the purchase and sale operations, counted from the execution of said operations, indicating whether or not it is required that the investor has available funds from the date on which the operation is ordered, either in cash or in other types of securities.
iv) Causes for the Possible Suspension of Operations
It must be established if, in cases of fortuitous events or force majeure, the purchase and sale operations of the Investment Fund would be suspended.
Likewise, it will be indicated that the Commission may suspend operations in these circumstances or in the face of repeated non-compliance with provisions that could generate a loss to the shareholders.
c) Minimum Amounts
Mention if there are minimum investment amounts to participate in the Investment Fund and their amount; in the same way, it must be clearly specified if said amount will be per share series of the Investment Fund or for the total amount invested in the funds administered by the operating society of investment funds and define the procedure with which the minimum amount will be calculated (average monthly amount, amount at the end of the month, or other), as well as the consequences, as well as, where applicable, the commissions that will be generated for being below the mentioned minimum amounts.
Likewise, the reclassification policy must be established, including the times in which these will be effected, specifying that such reallocation or reclassification will not be applicable when the decrease in the investment balance is the result of decreases in the price of the shares of the Investment Fund.
In the event that the Investment Fund establishes share series based on the criteria referred to in article 43 of the "General Provisions applicable to financial entities and other persons who provide investment services", the following legend must be incorporated:
"The investment fund does not require minimum amounts for the acquisition of its shares, however, each distributing society and/or financial entity that provides the distribution service to the investment fund, is in full freedom to establish its own conditions for the collection of commissions in the management of investment accounts in the terms indicated in the contracts that it concludes for this purpose with its clients, so it is suggested to consult said conditions directly with the distributors."
d) Minimum Stay Period
In the event of there being a mandatory minimum period during which the investor must remain in the Investment Fund, said period in days, months, or years must be indicated.
In this case, it will be indicated if the investor will be subject to the payment of any commission in the event of withdrawing its resources before the established period and the basis of the calculation or amount.
e) Limits and Policies of Holdings by Investor
The maximum shareholding limits per investor must be indicated, as well as the actions to be taken in case of non-compliance.
Additionally, where applicable, the policies established by the board of directors of the operating society that administers the Investment Fund will be indicated, so that persons who adjust to the mentioned policies temporarily acquire percentages superior to such limits.
f) Service Providers
The Investment Fund must indicate the societies and financial entities that provide it with the services referred to in the Law.
Likewise, it must indicate that the board of directors of the operating society that administers the Investment Fund has the obligation to evaluate, at least once a year, the performance of such persons, and mention if the result of the referred evaluation, as well as any change in said service providers, will be notified to the shareholders through the account statement or the site of their internet page.
Additionally, the area or personnel that investors can contact in the event of requiring information of the Investment Fund, as well as the means by which said area or personnel can be contacted, must be mentioned.
Regarding service-providing societies, the following information must be provided:
i) Operating Society that Administers the Investment Fund
Include the main data relative to the operating society that administers the Investment Fund, such as name, address, website, and phones.
ii) Distributing Society or Financial Entity that Provides Share Distribution Services to the Investment Fund.
Where applicable, the entities or companies contracted to distribute the shares of the Investment Fund will be specified.
Regarding distributing societies of investment fund shares, it will be specified if they are classified as referencing or integral.
iii) Share Valuation Society that Provides Services to the Investment Fund
The periodicity with which the shares of the Investment Fund will be valued must be mentioned, as well as the entity or company that provides said service.
Likewise, it must be indicated that the Investment Fund will not be valued on the days determined as non-business days in the calendar issued by the Commission.
iv) Other Service Providers
In this section, the names of other persons who, in accordance with the Law, provide services to the Investment Fund must be included, as well as the type of service provided.
The Investment Fund must disclose if it contracted services related to environmental, social, or governance factors; in the affirmative case, it must be indicated which services were contracted and mention the name, trade name, or denomination of the providers of these services.
g) Costs, Commissions, and Remuneration
The Investment Fund must indicate the costs, commissions, and remuneration that its shareholders and the Investment Fund itself must pay, respectively.
For the purposes of the foregoing, the concepts that generate them, the procedure and bases for their calculation, as well as the periodicity or circumstances in which they will be charged, must be specified.
The Investment Fund must indicate the commissions and remuneration, expressed in annual terms with respect to each share series of the Investment Fund itself, considering the concepts detailed below:
i) Commissions Paid Directly by the Client
| Concept | Series "n" % | Series "n" $ | Series "n+1" % | Series "n+1" $ |
|---|---|---|---|---|
| Non-compliance with minimum stay period | ||||
| Non-compliance with minimum investment balance | ||||
| Purchase of shares | ||||
| Sale of shares | ||||
| Advisory service | ||||
| Share administration service | ||||
| Others | ||||
| Total |
ii) Commissions Paid by the Investment Fund
| Concept | Series "n" % | Series "n" $ | Series "n+1" % | Series "n+1" $ |
|---|---|---|---|---|
| Asset Administration | ||||
| Asset Administration / Performance | ||||
| Share Distribution | ||||
| Share Valuation | ||||
| Deposit of Investment Object Assets | ||||
| Share Deposit | ||||
| Accounting |
Others
Total
In the event that Investment Funds maintain investments in shares of other Investment Funds or collective investment mechanisms, to present the aforementioned information, they must add to the remuneration accrued or paid, expressed in annual terms, in the corresponding item, those derived from the investment in said Investment Funds or mechanisms.
Regarding investments in foreign Investment Funds or collective investment mechanisms, to comply with what is provided in this paragraph, they will use the last information provided to them or to which they have access.
In this section, information must be provided regarding the way the Investment Fund is organized and its capital structure.
In all cases, the following legend must be inserted: "Investment funds, as an exception to the General Law of Commercial Companies (LGSM), do not have a shareholders' meeting, board of directors, or auditor. The functions that the LGSM assigns to the shareholders' meeting are entrusted to (Name of the founding partner) and, in some cases, to the rest of the partners of the investment fund. The activities that the LGSM assigns to the board of directors are entrusted to (Name of the operating company that administers the investment fund). The surveillance of the Investment Fund is assigned to the regulatory controller of (Name of the operating company that administers the investment fund)."
a) Organization of the Investment Fund in accordance with what is provided in Article 10 of the Law
In relation to the board of directors of the operating company that administers the Investment Fund, the number of members that compose it (owners and alternates) must be mentioned, as well as the type of directors (independent, patrimonial, or related). Additionally, the following information must be provided, both for the directors, general manager, and regulatory controller of the operating company that administers the Investment Fund: name, position, time spent working in the company, sectors where they have or have collaborated as executives or as members of the board of directors, indicating if they have any type of relationship with the Investment Fund and any other information necessary to know their professional capacity.
On the other hand, the policies established to prevent and avoid conflicts of interest in accordance with the code of conduct of the operating company that administers the Investment Fund must be described, as well as, among others, those policies related to the execution of operations with the members of the board of directors and persons who participate in the determination and execution of operations of the Investment Fund or with the shareholders of the operating company that provides services to it and, if applicable, with those of the entities that form part of the financial or business group to which, if applicable, the operating company of investment funds belongs or is linked.
Additionally, in the event that an investment committee has been constituted under the terms of Article 12 of these provisions, the position of the members of said committee must be revealed.
b) Capital structure and shareholders
The composition of the social capital of the Investment Fund must be included, in its fixed and variable part, mentioning that the shares of the fixed part can only be subscribed by an operating company of investment funds in its capacity as founding partner, that they are of a single series and class, without right to withdrawal and that for their transmission, prior authorization of the Commission is required.
The different characteristics of the series or share classes that make up the capital of the Investment Fund must be mentioned, including the rights and obligations inherent to each of them.
Likewise, information relative to the total number of shareholders of the Investment Fund and, if applicable, the number of investors who own more than 30% of a series or more than 5% of the social capital must be provided, as well as the total sum of their holdings, corresponding to the date of the last update or modification.
It must also be mentioned if the Investment Fund is controlled, directly or indirectly, by any person or Group of Persons, if these are related or not with the operating company of investment funds that administers it and if they actively participate or not in the administration of the Investment Fund.
In this section, the operational conditions that would apply in the event of merger, spin-off, bankruptcy, dissolution, and early liquidation of the Investment Fund must be revealed, adhering to what is provided in the Law and in these provisions.
Preferential rights that might exist to subscribe and repurchase shares representing the social capital of the Investment Fund must be specified, as well as the possibility of suspending the acquisition and purchase of the shares representing its social capital by virtue of the spin-off of the Investment Fund in the face of liquidity problems, adhering to what is provided in the Law and in these provisions.
The possibility that the Investment Fund be spun off in accordance with the procedure established in Article 14 Bis 7 of the Law must be indicated, in the event that disordered conditions or high volatility occur in financial markets, or when due to the characteristics of the Investment Assets, they present liquidity or valuation problems, adhering to what is provided in the Law and in these provisions.
In this section, the tax regime applicable to the Investment Fund in general, as well as the share series and type of shareholder in particular, will be mentioned.
Likewise, the regime applicable to investors who do not reside in the country must be indicated.
If applicable, mention will be made of the tax regime applicable for foreign securities, the corresponding withholding and credit, and the tax regime related to financial derivative and securities lending operations.
In this section, the date and number of the authorization letter of the Prospectus, the policies or criteria to modify it, as well as the means to make the modifications known to the public must be indicated.
On the other hand, important changes that the Investment Fund has made to its Prospectus with respect to the previously authorized and/or modified version in accordance with what is provided in Article 14 Bis of these provisions must be highlighted.
In this section, the place and form to access the public information of the Investment Fund will be indicated, mentioning the address of the website where it can be consulted.
Likewise, the information that the Investment Fund itself is obligated to deliver to the Commission and if it can be consulted in public media must be mentioned.
In all cases, the form to make known to the shareholders and the general public any relevant information relative to the Investment Fund must be mentioned.
In this section, the place where the investor will be able to find the financial statements of the Investment Fund, according to the balance sheet and the statement of results of Annex 8 of these provisions, must be indicated.
In this section, any other information that the Investment Fund considers relevant and important for the investor must be included, including the legal processes that could negatively affect the performance of the Investment Fund itself.
The Prospectus must be initialed on all pages by the general manager; in his absence, it may be initialed by a director or by a member of the investment committee of the operating company that administers the Investment Fund, at the foot of the following legend, as applicable:
"I, the undersigned as general manager of the operating company that administers the investment fund, declare under oath that within the scope of my functions I have prepared and reviewed the present prospectus of information to the public investor which, to my loyal knowledge and understanding, reasonably reflects the situation of the investment fund, being in agreement with its content. Likewise, I declare that I have no knowledge that relevant information has been omitted, is false, or induces error in the preparation of the present prospectus of information to the public investor."
"I, the undersigned as director of the operating company that administers the investment fund, declare under oath that within the scope of my functions I have prepared and reviewed the present prospectus of information to the public investor which, to my loyal knowledge and understanding, reasonably reflects the situation of the investment fund, being in agreement with its content. Likewise, I declare that I have no knowledge that relevant information has been omitted, is false, or induces error in the preparation of the present prospectus of information to the public investor."
"I, the undersigned as member of the investment committee of the operating company that administers the investment fund, declare under oath that within the scope of my functions I have prepared and reviewed the present prospectus of information to the public investor which, to my loyal knowledge and understanding, reasonably reflects the situation of the investment fund, being in agreement with its content. Likewise, I declare that I have no knowledge that relevant information has been omitted, is false, or induces error in the preparation of the present prospectus of information to the public investor."
Regarding modifications to the Prospectus that derive from non-compliance with the investment regime, the comprehensive risk management regime, or that are modifications in the repurchase policies of the Investment Fund in question, prior approval of the board of directors of the operating company of investment funds that administers it or, if applicable, approval of the investment committee designated by the board of directors of the operating company of investment funds must be obtained.
When the Prospectus is provided in electronic format, it must have the advanced electronic signature corresponding, in accordance with the Code of Commerce, being able to omit in said case the initials indicated in the first paragraph of this numeral.
Investment Funds must include the last monthly report containing the composition of their investment portfolio under the terms indicated in Article 136 of these provisions.
Likewise, to comply with the above, a link to the website of the operating company of investment funds that administers them and financial companies or entities that provide them with the service of distribution of their shares directing to said reports may be included.
The investment portfolio must indicate if the Investment Fund is in a temporary investment strategy.
This information must be available at all times to the public investor through the website of the operating company that administers the Investment Fund or, if applicable, on that of the financial group to which the latter belongs, and on the page of the distributing companies or financial entities that provide them with the service of distribution of shares of Investment Funds.
In the case of Investment Funds classified as discretionary, the historical evolution of the investment portfolio of the last six months must be included.
ANNEX 3
REQUIREMENTS AND CHARACTERISTICS FOR THE PREPARATION OF THE DOCUMENT WITH KEY INFORMATION FOR THE INVESTMENT OF VARIABLE INCOME INVESTMENT FUNDS AND IN DEBT INSTRUMENTS
I. GENERAL GUIDELINES
This Annex includes the information disclosure requirements to which variable income investment funds and debt instrument investment funds must adhere, which for the purposes of their content will be understood as Investment Funds and for the preparation of the document with key information for investment will be understood as Document, which forms part of the prospectuses of information to the public investor.
The Document must be prepared with the most recent information available and based on an information disclosure approach, that is, providing the investor with the necessary information so that they can make an investment decision regarding the fund in question.
The order in which the different sections of the Document are presented must adhere to this Annex, except for those particular cases that require a different order and are previously authorized by the Commission.
In the preparation of the Document, clear and easy-to-understand language must always be used, avoiding technical terms or complicated legal formalisms that cannot be understood by a person who does not have specialized knowledge in the matter in question.
Likewise, superlative terms and value judgments must be avoided; however, if considered necessary, they must be adequately justified.
II. DOCUMENT WITH KEY INFORMATION FOR INVESTMENT
The Document contains the most important aspects of the Investment Fund for making informed investment decisions.
This Document must be prepared in accordance with the format available in this Annex.
The order in which the content of the Document is presented must adhere to this section and the typography used must be no less than 8 points.
The sections "F" Fund Performance and Historical Performance and "H" Costs, Commissions and Remuneration, will refer to the most representative series of the Investment Fund, as well as to that which is of interest to the investor, as applicable.
III. CONTENT OF THE DOCUMENT
A. GENERAL DATA
In this section, the following information must be included:
· [Corporate Name], administered by [Corporate Name of the operating company that administers the Investment Fund] · Type of fund, · Category, · Board key, · Share class and series, possible acquirers and minimum investment amounts, and · Date of authorization.
Investment Funds must add to their category, as applicable and considering the composition of their investment portfolio, the suffix established in the regulatory report F-2461 Information of Investment Funds for the public investor (IP-IN) which is contained in Annex 8 of these provisions.
B. INVESTMENT OBJECTIVES OF THE FUND
In this section, the type of assets in which the Investment Fund invests in accordance with its category must be briefly described, mentioning if they are shares, Debt Securities, financial derivative instruments, Structured Securities, Asset-Backed Securities or Fiduciary Exchange Certificates, as well as the term considered adequate for the investor to maintain their investment in the Investment Fund.
C. INVESTMENT REGIME AND POLICY
In this section, the following must be briefly described:
a) Administration strategy: active or passive.
b) Maximum or minimum amounts or percentages of the most important investment parameters for the Investment Fund.
c) Investment policy: the markets in which they can operate, diversification, contracting of loans, etc.
d) Index or base that will be used as a reference to compare the expected performance, indicating if it is related to financial models, or if it is indices, interest rates, exchange rates, or any other indicator.
e) If the Investment Fund will invest in assets issued by companies of the same Consortium or Business Group to which the operating company that administers the Investment Fund belongs.
f) If it will carry out securities lending operations or financial derivative instruments (for trading and/or speculative purposes).
g) If the Investment Fund will operate with Structured Securities, Fiduciary Exchange Certificates or Asset-Backed Securities, as well as the characteristics and selection criteria.
D. IMPORTANT LEGEND
The following legend must be incorporated:
"The value of an investment fund, regardless of its investment policy, is subject to market fluctuations, so the investor may obtain gains or losses."
E. MAXIMUM VALUE AT RISK LIMIT
Investment Funds must indicate and explain their maximum expected loss in accordance with the methodology established for determining the level of market risk by the Investment Funds themselves.
Likewise, it must be indicated that the definition of value at risk is valid only under normal market conditions.
F. PERFORMANCE OF THE INVESTMENT FUND AND HISTORICAL PERFORMANCE
In this section, the performances of the last month, the last three months, the last twelve months, and the last three years will be included, in accordance with the following table:
Table of performances 1
Last month Last 3 months Last 12 months Year x, x-1 and x-2
Gross Performance Net Performance Risk-free Rate (28-day Cetes) Reference Index
1/ For Variable Income Investment Funds, effective performances will be included and for Debt Instrument Investment Funds, annualized nominal performances will be included.
Net performances are considered free of any commission, as well as costs, except those related to commissions for the sale of shares of the Investment Fund in question.
Regarding Investment Funds whose investment horizon is short-term, the average performance in the last calendar year, as well as the highest and lowest monthly performance obtained within the same period, must be mentioned, in accordance with the following table:
Table of Annualized Performances (nominal)
Last month Last 3 months Last 12 months Month Low Performance Month High Performance
Gross Performance Net Performance Risk-free Rate (28-day Cetes) Reference Index
Additionally, a legend must be included stating that the past performance of the Investment Fund is not indicative of the performance that the investment will have in the future.
In the event of not having historical information regarding the performances of the Investment Fund in question, the aforementioned table may be omitted.
Regarding Capital Protected Investment Funds, the aforementioned tables will not apply.
Likewise, for the case of Capital Protected Investment Funds, a table with three prospective scenarios will be shown: "positive", "base" and "negative" and whose data will be shown in monetary terms.
The three prospective scenarios must assume an initial investment of $10,000.00 M.N. allowing the investor to have a clear representation of the risk profile and possible performance of the Investment Fund.
The table must present a result column and a comment column for each of the scenarios.
For the result column, the prospective scenarios will consider the following:
a) The "positive" scenario must consider that market conditions at the end of the capital protection period are better than current ones.
b) The "base" scenario must consider that current market conditions remain unchanged during the period in which the Investment Fund protects the capital.
c) The "negative" scenario must consider that market conditions at the end of the capital protection period are worse than current ones.
For the comment column, complementary information that could be useful for the better understanding of the results of each scenario must be considered.
A
continuation,
the
following
shows
an
example
of
the
format
in
which
the
information
must
be
presented:
The
following
results
assume
an
initial
investment
of
10,000.00
M.N.
Scenario
Result
Comment
Positive
Base
Negative
G.
PORTFOLIO
COMPOSITION
At
this
point,
a
list
of
the
top
ten
Investment
Assets
must
be
included,
and,
where
applicable,
the
underlying
assets
to
which
they
are
linked,
provided
that
such
underlyings
count
towards
the
portfolio
composition
of
the
Investment
Fund,
indicating
the
Issuer
and
the
percentage
that
each
of
these
represents
in
the
total
portfolio
of
the
Investment
Fund.
In
cases
where
the
investments
referred
to
in
the
preceding
paragraph
correspond
to
assets
issued
by
Investment
Funds
of
the
same
Consortium
or
Business
Group
to
which
the
operating
society
of
investment
funds
managing
the
Investment
Fund
belongs,
as
well
to
collective
investment
mechanisms,
the
indirect
holding
of
Investment
Assets
corresponding
to
them
in
proportion
to
their
shareholding
must
be
included.
In
the
case
of
Investment
Funds
that
invest
primarily
in
other
Investment
Funds
or
foreign
collective
investment
mechanisms,
the
cited
information
regarding
the
Investment
Assets
of
the
latter
must
be
presented,
using
the
most
recent
information
available.
Investment
Asset
Amount
($)
%
Ticker
Key
Issuer
Underlying
(if
applicable)
Type
1
2
3
4
5
6
7
8
9
10
Total
Portfolio
$
For
the
purposes
of
filling
out
the
above
table,
the
following
shall
be
understood:
·
Ticker
Key:
the
key
with
which
the
security
is
traded
on
the
stock
exchanges.
·
Issuer:
the
name
of
the
issuer
of
the
Investment
Asset.
·
Underlying:
the
underlyings
to
which
derivatives,
structured
notes,
asset-backed
securities,
fiduciary
certificates
are
linked;
in
cases
of
collective
investment
mechanisms,
the
assets
in
which
they
invest
must
be
described
generally.
·
Type:
whether
it
is
debt,
equity,
checkbook,
currencies,
repurchase
agreements,
or
derivatives.
·
Amount:
the
amount
in
pesos
of
the
investment
expressed
in
thousands.
·
Percentage:
the
percentage
of
the
investment
with
respect
to
the
total
portfolio.
Additionally,
the
percentage
composition
of
the
portfolio
by
economic
activity
sector
to
which
the
Investment
Assets
correspond
must
be
presented,
via
a
pie
chart.
To
this
end,
the
classification
established
by
the
National
Institute
of
Statistics
and
Geography
must
be
considered.
Investment
Funds
referred
to
in
Article
6
Bis,
second
paragraph
of
these
provisions,
must
mention
the
percentage
of
ESG
Investment
Assets
they
represent
of
the
total
portfolio.
H.
COSTS,
COMMISSIONS,
AND
REMUNERATIONS
The
Investment
Fund
must
indicate
the
costs,
commissions,
and
remuneration
that
its
shareholders
and
the
Investment
Fund
itself
must
pay,
respectively,
expressed
in
annual
terms,
with
respect
to
the
share
series
in
question
and
that
most
representative
of
the
Investment
Fund,
defined
based
on
the
number
of
investors,
considering
the
items
detailed
below:
a)
Commissions
paid
directly
by
the
customer
Item
Series
"n"
Most
representative
Series
%
$
%
$
Failure
to
meet
minimum
holding
term
Failure
to
meet
minimum
investment
balance
Purchase
of
shares
Sale
of
shares
Advisory
Service
Share
Administration
Service
Others
Total
b)
Commissions
paid
by
the
Investment
Fund
Item
Series
"n"
Most
representative
Series
%
$
%
$
Asset
Management
Asset
Management
/
Performance
Based
Share
Distribution
Share
Valuation
Deposit
of
Investment
Assets
Deposit
of
shares
Accounting
Others
Total
The
Document
must
include
in
"bold"
the
following
information
regarding
potential
conflicts
of
interest
that
service
providers
of
the
Investment
Fund
might
be
subject
to:
·
Some
service
providers
may
establish
agreements
with
the
Investment
Fund
and
offer
discounts
for
their
services.
To
learn
of
their
existence
and
any
possible
benefit
to
you,
ask
your
distributor.
·
The
prospectus
contains
greater
detail
of
the
conflicts
of
interest
that
any
service
provider
of
the
Investment
Fund
might
be
subject
to.
In
addition
to
the
above,
in
cases
of
equity
Investment
Funds,
the
following
legend
must
be
included:
"Commissions
for
the
purchase
and
sale
of
shares
can
decrease
the
total
amount
of
your
investment.
This
implies
that
you
would
receive
a
lower
amount
after
an
operation.
The
above,
along
with
the
commissions
paid
by
the
investment
fund,
represents
a
reduction
in
the
total
return
you
would
receive
from
your
participation
in
the
fund
itself."
I.
SHARE
PURCHASE
AND
SALE
POLICIES
At
this
point,
the
share
purchase
and
sale
policies
must
be
indicated,
in
terms
of
what
is
stated
in
Annex
2,
Section
II,
Subsection
C,
numeral
2,
subparagraph
b),
sub-subparagraphs
i)
to
iii)
of
these
provisions.
Additionally,
minimum
holding
terms,
as
well
as
holding
limits
per
investor,
must
be
included,
where
applicable,
considering:
a)
Liquidity:
include
the
period
in
which
the
operating
society
of
investment
funds
repurchases
the
own
shares
of
the
Investment
Fund
in
question,
i.e.,
whether
it
is
daily,
weekly,
etc.
b)
Repurchase
limit:
include
the
percentage
of
shares
representative
of
the
share
capital
on
the
day
of
the
operation
that
the
Investment
Fund
will
repurchase.
c)
Spread:
inform
the
maximum
percentage
or
range
that
might
be
applied
to
the
valuation
price
of
the
Investment
Fund
under
disordered
market
conditions
or
unusual
operations,
according
to
the
methodology
used
by
the
Investment
Fund
itself
and
described
in
the
prospectus.
Likewise,
the
following
legend
must
be
included:
"The
investment
fund,
under
disordered
market
conditions
or
unusual
operations,
may
apply
to
the
valuation
price
of
its
shares,
the
spread
it
has
previously
determined,
in
favor
of
those
who
remain
in
the
fund".
J.
INVESTMENT
FUND
INFORMATION
At
this
point,
the
following
information
must
be
included:
·
The
website
of
the
operating
society
of
investment
funds
providing
its
services
and,
where
applicable,
of
the
distribution
societies
and/or
financial
entities
providing
the
share
distribution
service.
·
Customer
care
center,
including
address,
telephone
number,
and
customer
care
hours.
·
Service
providers:
operating
societies,
distribution
societies,
financial
entities
providing
the
share
distribution
service
of
investment
funds,
valuation
societies,
rating
societies,
etc.
K.
WARNINGS
·
Indicate
that
investments
made
in
the
Investment
Fund
are
not
protected
or
guaranteed
by
the
Federal
Government
nor
the
entities
of
the
public
administration.
·
Transcribe
the
following
legend
referred
to
in
Article
9,
third
paragraph
of
the
Law:
"The
authorization
of
prospectuses
for
the
public
investor
does
not
imply
certification
regarding
the
merit
of
the
shares
they
issue
or
regarding
the
solvency,
liquidity,
credit
quality,
or
future
performance
of
the
funds,
nor
of
the
Investment
Assets
that
make
up
their
portfolio".
·
No
financial
intermediary,
attorney
for
conducting
operations
with
the
public,
or
any
person,
is
authorized
to
provide
information
or
make
any
additional
declaration
beyond
the
content
of
the
document
with
key
information
for
investment,
so
they
shall
be
understood
as
not
authorized
by
the
Investment
Fund.
·
Mention
that,
in
case
of
requiring
further
detail
regarding
the
Investment
Fund,
the
prospectus
must
be
consulted,
which
must
be
available
on
the
website
of
the
operating
society
of
investment
funds
managing
the
Investment
Fund
or,
where
applicable,
of
the
financial
group
to
which
it
belongs,
as
well
as
on
the
website
of
the
distribution
societies
and/or
financial
entities
providing
the
share
distribution
services.
·
The
Document
and
the
prospectus
are
the
only
sales
documents
recognized
by
the
Investment
Fund
as
valid.
L.
RELEVANT
INFORMATION
In
this
subsection,
any
information
that
the
Investment
Fund
considers
relevant
may
be
included.
It
is
the
responsibility
of
the
Investment
Funds
to
determine
what
information
is
relevant
in
the
context
of
the
particular
characteristics
of
each
Investment
Fund,
taking
into
account
both
quantitative
and
qualitative
factors
for
this
purpose.
Likewise,
the
Commission
may
require
the
inclusion
of
additional
information
or
in
substitution
of
the
information
required
in
this
instruction,
when
the
disclosure
of
such
information
is
considered
necessary.
Information
must
be
provided
regarding
the
organization
of
the
Investment
Fund.
In
any
case,
the
following
legends
must
be
inserted:
"Investment
funds
do
not
have
a
shareholders'
meeting,
board
of
directors,
or
comisario:
·
The
functions
of
the
shareholders'
meeting,
as
well
as
the
activities
of
the
board
of
directors,
are
entrusted
to
(Name
of
the
operating
society
managing
the
investment
fund).
·
The
oversight
of
the
investment
fund
is
assigned
to
the
regulatory
comptroller
of
said
operating
society".
M.
FORMAT
The
information
contained
in
this
Annex
must
be
presented
in
the
format
established
at
the
end
of
this
same
Annex.
IV.
UPDATABLE
SECTIONS
OF
THE
DOCUMENT
The
information
indicated
below
may
be
considered
updatable
and
will
not
require
prior
authorization
from
the
Commission:
·
Ticker
Key;
·
Historical
performance;
·
Minimum
investment
amounts;
·
Commissions
and
remuneration
for
the
provision
of
services;
·
Portfolio
composition,
·
Authorization
date,
and
·
Rating,
where
applicable.
·
Service
providers
·
Customer
care
center
·
Electronic
page(s)
Annex
8
Regulatory
Reports
Index
Series
R01
Minimum
Catalog
Periodicity
A-0111
Minimum
catalog
(CO-CM)
Equity
Investment
Funds
and
Debt
Instrument
Investment
Funds
Monthly
Capital
Investment
Funds
Quarterly
Operating
Societies
of
Investment
Funds
Quarterly
Distribution
Societies
of
Investment
Fund
Shares
Quarterly
Series
R03
Investments
in
securities,
repurchase
operations,
securities
lending,
and
derived
financial
instruments
B-0321
Breakdown
of
securities
acquired
in
repurchase
(CO-RE)
Equity
Investment
Funds
and
Debt
Instrument
Investment
Funds
Daily
Operating
Societies
of
Investment
Funds
Quarterly
Distribution
Societies
of
Investment
Fund
Shares
Quarterly
B-0322
Securities
Lending
(CO-PR)
Equity
Investment
Funds
and
Debt
Instrument
Investment
Funds
Daily
Operating
Societies
of
Investment
Funds
Quarterly
Distribution
Societies
of
Investment
Fund
Shares
Quarterly
B-0323
Operations
with
derived
financial
instruments
(CO-DE)
Equity
Investment
Funds
and
Debt
Instrument
Investment
Funds
Daily
E-0351
Purchase-sale
operations
of
investment
assets
(CO-CV)
Equity
Investment
Funds
and
Debt
Instrument
Investment
Funds
Daily
Capital
Investment
Funds
Quarterly
Operating
Societies
of
Investment
Funds
Quarterly
Distribution
Societies
of
Investment
Fund
Shares
Quarterly
Valuation
Societies
of
Investment
Fund
Shares
Quarterly
J-0311
Investment
Portfolio
(CO-CA)
Equity
Investment
Funds
and
Debt
Instrument
Investment
Funds
Daily
Capital
Investment
Funds
Quarterly
Operating
Societies
of
Investment
Funds
Quarterly,
Annual
Distribution
Societies
of
Investment
Fund
Shares
Quarterly
J-0312
Provision
for
accrued
interest
on
securities
(CO-IN)
Equity
Investment
Funds
and
Debt
Instrument
Investment
Funds
Daily
Capital
Investment
Funds
Quarterly
Operating
Societies
of
Investment
Funds
Quarterly
Distribution
Societies
of
Investment
Fund
Shares
Quarterly
J-0313
Collateral
Control
(CO-GA)
Equity
Investment
Funds
and
Debt
Instrument
Investment
Funds
Daily
Operating
Societies
of
Investment
Funds
Quarterly
Distribution
Societies
of
Investment
Fund
Shares
Quarterly
Series
R13
Financial
Statements
A-1311
Statement
of
changes
in
equity
(CO-CC)
Operating
Societies
of
Investment
Funds
Quarterly
Distribution
Societies
of
Investment
Fund
Shares
Quarterly
Valuation
Societies
of
Investment
Fund
Shares
Quarterly
A-1316
Statement
of
cash
flows
(CO-FE)
Operating
Societies
of
Investment
Funds
Quarterly
Distribution
Societies
of
Investment
Fund
Shares
Quarterly
Valuation
Societies
of
Investment
Fund
Shares
Quarterly
B-1321
Statement
of
financial
position
(CO-BR[1])
Equity
Investment
Funds
and
Debt
Instrument
Investment
Funds
Daily,
Annual
Capital
Investment
Funds
Quarterly,
Annual
Operating
Societies
of
Investment
Funds
Quarterly,
Annual
Distribution
Societies
of
Investment
Fund
Shares
Quarterly,
Annual
Valuation
Societies
of
Investment
Fund
Shares
Quarterly,
Annual
B-1322
Statement
of
comprehensive
income
(CO-BR[2])
Equity
Investment
Funds
and
Debt
Instrument
Investment
Funds
Daily,
Annual
Capital
Investment
Funds
Quarterly,
Annual
Operating
Societies
of
Investment
Funds
Quarterly,
Annual
Distribution
Societies
of
Investment
Fund
Shares
Quarterly,
Annual
Valuation
Societies
of
Investment
Fund
Shares
Quarterly,
Annual
C-1331
Statement
of
portfolio
valuation
(CO-VC)
Equity
Investment
Funds
and
Debt
Instrument
Investment
Funds
Monthly,
Annual
Capital
Investment
Funds
Quarterly,
Annual
Operating
Societies
of
Investment
Funds
Quarterly,
Annual
Series
R14
Valuation
Reports
of
the
price
of
investment
fund
shares
B-1421
Determination
of
the
updated
valuation
price
of
shares
representative
of
the
share
capital
of
investment
funds
(VA-PR)
Equity
Investment
Funds
and
Debt
Instrument
Investment
Funds
Daily
B-1422
Prices
and
purchase-sale
operations
of
investment
fund
shares
(VA-AC)
Equity
Investment
Funds
and
Debt
Instrument
Investment
Funds
Monthly
Distribution
Societies
of
Investment
Fund
Shares
Monthly
Entities
authorized
to
provide
the
share
distribution
service
of
investment
funds
Monthly
C-1431
Investment
Parameters
(RI-VA[3])
Equity
Investment
Funds
and
Debt
Instrument
Investment
Funds
Daily
Capital
Investment
Funds
Quarterly
D-1441
Information
by
type
of
investor
(IN-TI)
Distribution
Societies
of
Investment
Fund
Shares
Monthly
Entities
authorized
to
provide
the
share
distribution
service
of
investment
funds
Monthly
D-1442
General
data
of
capital
investment
funds
and
their
promoted
companies
(IN-PR)
Capital
Investment
Funds
Quarterly
D-1443
Share
and
corporate
structure
(IN-AC)
Operating
Societies
of
Investment
Funds
Monthly
Distribution
Societies
of
Investment
Fund
Shares
Monthly
Valuation
Societies
of
Investment
Fund
Shares
Monthly
Series
R24
Reports
of
information
to
the
public
investor
F-2461
Investment
fund
information
for
the
public
investor
(IP-IN)
Equity
Investment
Funds
and
Debt
Instrument
Investment
Funds
Monthly
F-2462
Investment
fund
information
for
the
public
investor
by
series
(IP-CL)
Equity
Investment
Funds
and
Debt
Instrument
Investment
Funds
Monthly
F-2463
Commissions
and
remuneration
for
the
provision
of
services
(IP-CO)
Equity
Investment
Funds
and
Debt
Instrument
Investment
Funds
Monthly
[ . . . ]
SERIES
R03
INVESTMENTS
IN
SECURITIES,
REPURCHASE
OPERATIONS,
SECURITIES
LENDING,
AND
DERIVED
FINANCIAL
INSTRUMENTS
. . .
Additionally,
the
preparation
and
presentation
of
report
J-0311
for
operating
societies
of
investment
funds
must
also
be
annual.
REPORT
B-0321
Breakdown
of
securities
acquired
in
repurchase
(CO-RE)
This
report
aims
to collect
information
regarding
the
breakdown
of
repurchase
operations
carried
out
by
entities
in
the
investment
fund
sector.
B-0322
Securities
Lending
(CO-PR)
This
report
aims
to
show
the
lending
of
investment
assets
carried
out
by
investment
funds.
B-0323
. . .
E-0351
. . .
J-0311
Investment
Portfolio
(CO-CA)
This
report
aims
to
identify
and
present
investments
made
in
investment
assets,
coming
from
the
resources
captured
from
the
public
investor.
J-0312
Provision
for
accrued
interest
on
securities
(CO-IN)
This
report
aims
to
show
the
accrued
interest
on
investments
made
by
entities
in
the
investment
fund
sector.
J-0313
. . .
DATA
ENTRY
FORMAT
. . .
. . .
. . .
. . .
Capital
investment
funds,
operating
societies
of
investment
funds,
and
distribution
societies
of
investment
fund
shares
will
carry
out
the
sending
of
information
related
to
report
J-0311,
described
above,
by
using
the
following
data
entry
format:
REQUESTED
INFORMATION
SECTION
REPORT
IDENTIFIER
PERIOD
ENTITY
KEY
REPORT
SECTION
INFORMATION
BY
INVESTMENT
INSTRUMENT
CONSECUTIVE
NUMBER
TYPE
OF
INVESTMENT
ISSUER
SERIES
TYPE
OF
SECURITY
RATE
TO
VALUATE
TYPE
OF
RATE
DEBT
INSTRUMENT
RATING
EQUITY
INSTRUMENT
LIQUIDITY
NUMBER
OF
TITLES
TRADED
TOTAL
TITLES
OF
THE
ISSUANCE
IN
CIRCULATION
AVERAGE
UNIT
ACQUISITION
COST
TOTAL
ACQUISITION
COST
UNIT
FAIR
VALUE
TOTAL
FAIR
VALUE
DAYS
TO
MATURITY
IDENTIFICATION
CODE
(ISIN,
CUSIP,
SEDOL
OR
WHICHEVER
APPLIES)
COUNTRY
OF
CONTRACT
VAR
OF
THE
INSTRUMENT
NUMBER
OF
TITLES
SETTLED
COUPON
TERM
REFERENCE
NUMBER:
REPURCHASE,
LENDING,
DERIVATIVE
CURRENCY
IN
WHICH
THE
INSTRUMENT
WAS
ISSUED
DURATION
OF
THE
INSTRUMENT
Equity
investment
funds
and
debt
instrument
investment
funds
will
carry
out
the
sending
of
information
related
to
report
J-0311,
described
above,
by
using
the
following
data
entry
format:
REQUESTED
INFORMATION
SECTION
REPORT
IDENTIFIER
PERIOD
ENTITY
KEY
REPORT
SECTION
INFORMATION
BY
INVESTMENT
INSTRUMENT
CONSECUTIVE
NUMBER
TYPE
OF
INVESTMENT
ISSUER
SERIES
TYPE
OF
SECURITY
RATE
TO
VALUATE
TYPE
OF
RATE
DEBT
INSTRUMENT
RATING
EQUITY
INSTRUMENT
LIQUIDITY
NUMBER
OF
TITLES
TRADED
TOTAL
TITLES
OF
THE
ISSUANCE
IN
CIRCULATION
AVERAGE
UNIT
ACQUISITION
COST
TOTAL
ACQUISITION
COST
UNIT
FAIR
VALUE
TOTAL
FAIR
VALUE
DAYS
TO
MATURITY
IDENTIFICATION
CODE
(ISIN,
CUSIP,
SEDOL
OR
WHICHEVER
APPLIES)
COUNTRY
OF
CONTRACT
VAR
OF
THE
INSTRUMENT
NUMBER
OF
TITLES
SETTLED
COUPON
TERM
REFERENCE
NUMBER:
REPURCHASE,
LENDING,
DERIVATIVE
CURRENCY
IN
WHICH
THE
INSTRUMENT
WAS
ISSUED
DURATION
OF
THE
INSTRUMENT
ASSET
CONTRIBUTING
TO
A
SPECIALIZED
INVESTMENT
FUND
CLASSIFICATION
OF
ESG
INVESTMENT
ASSET
[ . . . ]
" ANNEX
19
RULES
THAT
THE
OPERATIONAL
AND
FUNCTIONING
MANUAL
MUST
CONTAIN
FOR
OPERATING
SOCIETIES
OF
INVESTMENT
FUNDS,
DISTRIBUTION
SOCIETIES
OF
INVESTMENT
FUND
SHARES,
FINANCIAL
ENTITIES
THAT
PROVIDE
THE
SHARE
DISTRIBUTION
SERVICE
OF
INVESTMENT
FUNDS,
AND
VALUATION
SOCIETIES
OF
INVESTMENT
FUND
SHARES
I.
OBJECTIVES
AND
SCOPE
OF
THE
MANUAL
The
operational
and
functioning
manual
shall
have
the
purpose
of
regulating
the
activities
and
services
of
operating
societies
of
investment
funds,
distribution
societies
of
investment
fund
shares,
and
financial
entities
that
provide
the
share
distribution
service
of
investment
funds
or
valuation
of
investment
fund
shares.
It
must
indicate
the
different
services
it
will
offer,
as
well
as
the
activities
that
will
be
carried
out,
describing
the
processes
according
to
which
such
services
and
activities
will
be
conducted.
Likewise,
the
operational
and
functioning
manual
must
incorporate
the
organizational
chart
of
the
society
or
financial
entity
in
question
and
contain,
where
applicable,
the
corresponding
flow
diagrams
for
each
of
the
different
processes
required
for
the
adequate
performance
of
activities
and
services.
The
operational
and
functioning
manual
must
only
contain
the
services
provided
by
the
society
or
financial
entity
in
question
in
accordance
with
what
is
provided
in
the
Law
and
these
provisions
and
must
include
if
the
company
contemplates
outsourcing
the
corresponding
services,
or
in
its
case,
if
it
does
not
intend
to
provide
any
of
the
services
or
carry
out
the
activities
in
question.
II.
PREPARATION
AND
REVIEW
OF
THE
MANUAL
In
this
section,
the
administrative
unit
or
corporate
body
responsible
for
the
preparation,
review,
and,
if
applicable,
modification
of
the
operation
and
functioning
manual
shall
be
identified,
indicating
the
procedure
and
the
conditions
or
circumstances
for
its
modification,
as
well
as
the
minimum
frequency
of
review.
In
any
case,
it
shall
be
established
that
the
board
of
directors
of
the
company
or
financial
entity
in
question
shall
be
responsible
for
approving
the
content
and
modifications
of
the
operation
and
functioning
manual.
III.
STRUCTURE
OF
THE
OPERATION
AND
FUNCTIONING
MANUAL
A.
COVER
PAGE
The
cover
page
of
the
operation
and
functioning
manual
of
the
companies
or
financial
entities
in
question
shall
contain
the
following:
a)
Corporate
name.
b)
Processes
and
responsible
area(s)
for
the
preparation,
authorization,
review,
and
modification
of
the
manual.
c)
Date
of
its
authorization
and
modifications.
d)
The
following
legend:
"The
operation
and
functioning
manual
shall
have
as
its
objective
to
govern
the
activities
and
services
of
(name
of
the
entity)
in
order
to
ensure
the
quality
of
the
services
provided
and
compliance
with
regulations
and
sound
practices,
under
the
best
market
conditions,
caring
for
the
best
interest
of
clients
and
the
investment
funds
to
which
services
are
provided".
e)
Normative
framework,
including
the
laws,
provisions,
and
self-regulatory
norms
applicable
to
the
different
services
provided
by
the
company
or
financial
entity
in
question.
f)
Register
of
modifications
to
the
manual.
g)
Assumptions
and
processes
for
the
modification
of
the
manual.
h)
Signatures
of
the
responsible
parties.
B.
INDEX
The
operation
and
functioning
manual
shall
contain
an
index
that
includes,
at
a
minimum,
the
following
aspects:
ORGANIZATION
AND
RESPONSIBILITIES
a)
Corporate
structure.
b)
Board
of
directors.
c)
Committees.
d)
General
director.
e)
Relevant
executives.
f)
Internal
auditor
(Comptroller).
g)
Responsible
for
integrated
risk
management.
h)
Responsible
parties
regarding
the
prevention
and
detection
of
acts,
omissions,
or
operations
that
could
facilitate,
provide
help,
aid,
or
cooperate
in
any
manner
for
the
commission
of
the
crimes
foreseen
in
Articles
139
Quater
or
400
Bis
of
the
Federal
Penal
Code.
i)
Organizational
chart.
j)
Description
and
job
profiles.
SERVICES
AND
ACTIVITIES
a)
Asset
administration.
b)
Distribution
of
investment
fund
shares.
c)
Portfolio
management
of
securities
for
third
parties.
d)
Accounting.
e)
Deposit
and
custody.
f)
Valuation
of
investment
fund
shares.
g)
Treasury
control,
monitoring,
and
operation.
h)
Integrated
risk
management.
i)
Other
administrative
services.
j)
Internal
control.
k)
Human
resources.
l)
Complementary
services.
CONTINGENCIES
a)
Recovery
actions.
b)
Information
backup.
c)
Information
recovery.
C.
CONTENT
ORGANIZATION
AND
RESPONSIBILITIES
In
this
section,
the
integration
of
the
different governing
bodies
and
areas
of
the
company,
as
well
as
their
respective
functions,
regarding
the
investment
funds
or
clients
to
which
they
provide
services,
shall
be
described,
possibly
referencing
corresponding
manuals.
Likewise,
it
shall
be
indicated
whether
the
company
is
part
of
any
Financial
Group,
Consortium,
or
Business
Group.
a)
Corporate
structure
In
this
subsection,
the
company
or
financial
entity
in
question
shall
include
in
an
organizational
chart
its
shareholders,
the
entities
maintaining
a
patrimonial
link
with
said
company
or
financial
entity,
as
well
as,
if
applicable,
the
service
companies
or
auxiliary
companies
in
its
administration
or
in
the
performance
of
its
object.
b)
Board
of
directors
In
this
subsection,
the
composition
of
the
board
of
directors
of
the
company
shall
be
described,
identifying
the
permanent
and
alternate
directors,
including
independent
directors,
as
well
as
the
percentage
of
the
latter.
Likewise,
the
bases
regarding
its
operation
shall
be
incorporated,
including
the
minimum
frequency
of
meetings
and
the
quorum
necessary
to
take
agreements.
Additionally,
the
obligations
and
responsibilities
entrusted
to
it
in
terms
of
the
Law
and
general
provisions
emanating
from
it
shall
be
described,
including
what
is
established
in
its
articles
of
incorporation.
c)
Committees
In
this
section,
the
functions
and
responsibilities
of
the
different
committees
that,
if
applicable,
the
company
has
determined
to
constitute
for
the
support
of
its
functions,
such
as
the
investment,
risk,
communication
and
control,
financial
product
analysis,
and
any
others,
shall
be
indicated.
Additionally,
the
bases
regarding
their
integration
and
operation
shall
be
included,
including
the
quorum
necessary
to
meet,
powers,
frequency
of
meetings,
means
to
formalize
and
make
agreements
known,
as
well
as
procedures
to
follow
up
on
them,
and,
if
applicable,
independence
and
technical
capacity
requirements
for
the
members
of
the
different
committees.
d)
General
director
In
this
section,
the
obligations
and
responsibilities
of
the
general
director
in
terms
of
the
Law
and
general
provisions
emanating
from
it
shall
be
described,
including
those
established
in
the
articles
of
incorporation.
e)
Relevant
executives
The
main
functions
and
responsibilities
of
the
relevant
executives
and
responsible
parties
for
the
different
business
areas
of
the
entity
shall
be
described,
as
well
as
the
main
processes
and
procedures
in
which
they
are
involved.
f)
Internal
auditor
(Comptroller)
In
this
subsection,
the
main
functions
and
responsibilities
of
the
internal
auditor
shall
be
indicated,
as
well
as
the
form,
processes,
procedures,
and
methods
according
to
which
it
will
comply
with
these,
in
terms
of
the
Law
and
general
provisions
emanating
from
it,
including
what
is
provided
in
the
articles
of
incorporation
of
the
company
or
financial
entity
in
question.
In
the
case
where
the
internal
auditor
falls
under
the
circumstance
of
Article
34
Bis
4
of
the
Law,
a
mention
to
this
effect
shall
be
included.
g)
Responsible
for
integrated
risk
management
For
the
case
of
investment
fund
operating
companies
that
provide
asset
administration
services
to
investment
funds
in
debt
and
equity
instruments,
the
main
functions
and
responsibilities
of
the
responsible
party
for
integrated
risk
management
or
risk
committee
shall
be
included,
in
accordance
with
what
is
provided
in
the
Law
and
general
provisions
emanating
from
it,
including,
if
applicable,
what
is
provided
in
the
articles
of
incorporation.
h)
Responsible
parties
regarding
the
prevention
and
detection
of
acts,
omissions,
or
operations
that
could
facilitate,
provide
help,
aid,
or
cooperate
in
any
manner
for
the
commission
of
the
crimes
foreseen
in
Articles
139
Quater
or
400
Bis
of
the
Federal
Penal
Code
In
this
subsection,
investment
fund
operating
companies,
distributing
companies,
and
financial
entities
that
provide
the
service
of
distribution
of
investment
fund
shares
shall
indicate
the
policies
and
procedures
directed
towards
the
effective
compliance
of
their
obligations
provided
in
the
general
provisions
emanating
from
Article
91
of
the
Law
or
the
applicable
laws,
as
appropriate
to
the
type
of
financial
entity,
or
those
that
replace
them,
possibly
making
a
reference
to
the
corresponding
manuals
contemplated
by
the
Law
and
other
general
provisions
emanating
from
it.
i)
Organizational
chart
In
this
section,
a
graphical
representation
of
the
organizational
structure
of
the
company
shall
be
included,
which
shall
reflect
in
a
schematic
manner
the
position
of
the
different
business
areas,
administrative
and
support
areas,
as
well
as
the
different
hierarchical
levels.
j)
Description
and
job
profiles
In
this
section,
the
descriptions,
profiles,
and
objectives
of
the
positions
shall
be
included,
specifying
lines
of
command
and
main
functions.
In
its
case,
it
shall
indicate
whether
they
have
specialized
personnel
or
areas
that
carry
out
functions
related
to
environmental,
social,
or governance
factors.
SERVICES
AND
ACTIVITIES
In
this
section,
the
policies
and
guidelines,
flow
charts,
processes,
or
procedures,
as
well
as
the
activities
that
will
be
carried
out
in
chronological
and
sequential
order,
applicable
to
each
of
the
services
provided
and
activities
carried
out
by
the
company,
which
will
guide decision-making
in
the
provision
of
these,
shall
be
described.
In
the
case
where
they
are
included,
the
flow
charts
shall
allow
the
graphical
and
consecutive
development
of
the
procedure
in
question
to
be
seen.
Additionally,
the
position
or
role
of
the
personnel
responsible
for
the
different
activities
necessary
to
provide
the
service
in
question
shall
be
included,
as
well
as
the
interrelationships
existing
between
the
different
areas
participating
in
such
activities,
identifying
at
least:
If
applicable,
the
service
providers
necessary
for
such
effects.
The
information
flows
generated
between
the
different
areas
that
participate,
as
well
as
with
the
service
providers.
The
communication
lines
between
the
persons
responsible
for
the
processes
or
procedures
in
relation
to
the
provision
of
the
service
in
question.
The
guidelines,
manuals,
or
information
linked
to
the
processes
or
procedures
of
the
service
in
question.
Likewise,
in
this
subsection,
the
different
technological
platforms,
whether
owned
or
by
third
parties,
databases,
and
other
available
information
for
the
performance
of
the
activities
associated
with
the
different
services
provided
shall
be
described.
Work
documents,
formats,
and
other
relevant
documents
related
to
the
activities
necessary
to
provide
the
service
shall
be
included,
if
applicable,
as
appendices
to
the
manual.
a)
Asset
administration
In
the
case
of
investment
fund
operating
companies,
all
those
activities
and
procedures
necessary
to
provide
the
asset
administration
service
shall
be
described,
breaking
down
each
of
the
sections
I,
II,
IV,
and
V
indicated
in
Article
15
of
the
Law
in
relation
to
sections
I
to
III
of
Article
39
of
the
Law,
in
the
order
indicated
in
the
same
Article
Additionally,
the
description
of
the
activities
and
procedures
for:
Regarding
the
acquisition
or
disposal
of
Investment
Assets:
·
The
analysis
that
shall
be
carried
out
for
the
selection
of
Investment
Assets.
·
The
evaluation
of
compliance
with
the
investment
regime,
prior
to
the
conclusion
of
operations.
·
Quotation,
confirmation,
and
allocation
of
operations.
The
registration
of
purchase
or
sale
operations
of
shares
representing
the
share
capital
of
the
investment
funds
they
administer.
The
compliance
on
behalf
of
the
investment
funds
of
their
disclosure
obligations
to
the
Commission,
as
well
as
to
the
investing
public
and
to
the
distributing
companies
and
other
financial
entities
that
provide
the
services
of
distribution
of
their
shares.
Likewise,
the
description
of
the
mechanisms
implemented
to
prevent
the
shares
of
the
investment
funds
they
administer
from
being
traded
exclusively
with
clients
of
any
distributing
company
and/or
financial
entities
that
provide
said
service,
or
only
through
the
operating
company
itself,
in
terms
of
what
is
provided
in
Article
32,
fourth
paragraph
of
the
Law,
shall
be
included.
Additionally,
the
policies
approved
by
the
board
of
directors
to
modify
or
suspend
the
repurchase
of
investment
funds
that
present
disordered
market
conditions
or
liquidity
and
valuation
problems,
as
well
as
any
restriction
to
the
purchase
or
sale
of
the
investment
funds
they
administer,
shall
be
incorporated.
In
the
case
of
agreeing
on
commissions
with
other
operating
companies
or
financial
entities
from
outside
the
country
of
the
same
type
to
carry
out
the
services
of
asset
administration
of
the
investment
funds,
the
technical
and
operational
guidelines,
as
well
as
the
general
policies
that
shall
be
observed
in
terms
of
these
provisions,
shall
be
incorporated.
In
the
same
way,
the
activities
and
procedures
to
carry
out
the
intermediation
of
the
shares
of
the
investment
funds
shall
be
incorporated,
including
the
routing
of
buy
and
sell
orders
for
them,
as
well
as
the
disclosure
of
the
corresponding
information,
in
terms
of
the
Law
and
other
applicable
provisions.
When
the
operating
company
administers
any
investment
fund
referenced
in
Article
6
Bis,
second
paragraph
of
these
provisions,
it
shall
include
in
the
selection
process
of
ESG
Investment
Assets
the
following:
i)
Evaluation
criteria
(for
example,
reference
to
environmental,
social,
or governance
ratings,
certificates
or
labels
from
third
parties,
or
alignment
to
Mexico's
Sustainable
Taxonomy
or
any
other
taxonomy).
ii)
Methods
to
verify
that
ESG
Investment
Assets
continue
to
comply
with
the
criteria
indicated
in
these
provisions.
iii)
Measures
that
will
be
taken
in
the
case
where
an
ESG
Investment
Asset
in
which
they
invest
loses
its
character
as
environmental,
social,
or governance.
b)
Distribution
of
investment
fund
shares
In
the
case
of
investment
fund
operating
companies,
distributing
companies,
and
financial
entities
that
provide
the
service
of
distribution
of
investment
fund
shares,
all
those
activities
and
procedures
necessary
to
provide
the
service
of
distribution
of
investment
fund
shares
shall
be
described,
breaking
down
each
of
the
sections
I
to
V
indicated
in
Article
40
Bis
of
the
Law,
in
the
order
indicated
in
the
same
Article
40
Bis,
and
include
what
relates
to
Article
40
Bis
4
of
the
Law.
Additionally,
the
activities
and
procedures
for:
The
administration
of
client
accounts
(opening,
maintenance,
and
cancellation
of
contracts).
The
receipt,
transmission,
and
registration
of
buy
and
sell
orders
for
investment
fund
shares,
considering
what
relates
to
modifications
or
cancellations
of
orders.
Providing
investment
services
(possibly
referencing
the
policies
and
guidelines
they
must
have
in
accordance
with
the
applicable
provisions
or
in
the
corresponding
manual).
3.1)
Non-advised
services.
Transmission
on
behalf
and
order
of
clients
of
orders
for
the
purchase
and
sale
of
shares
representing
the
share
capital
of
investment
funds.
Promotion
or
marketing.
3.2)
Advised
services.
Evaluation
to
determine
the
investment
profiles
of
their
clients
or
the
account.
Analysis
of
the
financial
products
to
be
offered
to
their
clients,
in
order
to
determine
their
profile,
taking
into
account
both
their
complexity
and
the
Advised
Investment
Service
to
be
provided.
Evaluation
of
the
reasonableness
of
recommendations
or
operations
in
Advised
Investment
Services,
including
the
diversification
policy.
Preparation
of
the
general
framework
for
action
in
the
case
of
contracts
where
the
provision
of
investment
management
services
is
agreed.
Additionally,
the
policies
and
guidelines
for
disseminating
to
their
clients
information
regarding
the
investment
funds
they
offer,
transaction
or
operation
reports
referenced
in
the
last
paragraph
of
Article
40
Bis
of
the
Law,
the
activities
and
services
they
provide,
the
commissions
charged,
as
well
as
the
others
related
to
investment
services
in
terms
of
the
general
provisions
issued
by
the
Commission,
shall
be
included.
Likewise,
the
activities
and
procedures
to
maintain
records
of
the
recommendations
provided
and
instructions
received
from
clients
regarding
the
corresponding
investment
service
shall
be
foreseen,
as
well
as
to
record
or
document
in
electronic
or digital
media
the
communications
with
their
clients
regarding
the
services
of
advice,
promotion,
purchase,
and
sale
of
investment
fund
shares.
Carrying
out
distribution
processes
through
companies
that
provide
systems
for
such
effects,
the
implementation
of
adhesion
contracts,
operational
conditions,
the
implementation
of
distribution
contracts,
as
well
as
the
processes
carried
out
in
the
companies
that
administer
mechanisms
for
the
disclosure
of
information
of
investment
funds.
The
additional
disclosure
obligations
to
clients,
which
shall
include
at
least
the
following
information:
The
public
information
prospectuses
of
the
investment
funds
and
their
modifications,
as
well
as
documents
with
key
information
for
investment.
The
composition
of
the
total
assets
of
the
investment
funds.
The
percentage
of
shareholding
by
shareholder
of
the
investment
funds.
Amount
and
concept
of
the
commissions
charged
by
the
investment
funds
and
their
service
providers
to
the
customer
base
under
any
title,
as
well
as
their
modifications.
Notices
related
to
the
transformation
of
the
investment
funds
(merger,
spin-off,
dissolution,
liquidation,
or
bankruptcy).
Other
relevant
information
(excesses
or
defects
to
investment
limits,
investments
carried
out
outside
applicable
limits,
carrying
out
operations
that
imply
changes
in
rating
or
category,
etc.).
The
basic
consolidated
financial
statements
of
the
investment
fund
operating
company
and
of
the
investment
funds.
c)
Portfolio
management
of
securities
for
third
parties
In
the
case
of
investment
fund
operating
companies,
the
policies
and
guidelines
necessary
to
provide
the
investment
services
shall
be
described,
or
reference
made
to
the
corresponding
manual.
Additionally,
incorporate
the
activities
and
procedures
for:
The
receipt,
transmission,
and
registration
of
buy
and
sell
orders
for
financial
products,
considering
what
relates
to
modifications
or
cancellations
of
orders.
Providing
investment
services
(possibly
referencing
the
policies
and
guidelines
they
must
have
in
accordance
with
the
applicable
provisions
or
in
the
corresponding
manual).
2.1)
Non-advised
services.
Transmission
on
behalf
and
order
of
third
parties
of
orders
for
the
purchase
and
sale
of
financial
products.
Promotion
or
marketing.
2.2)
Advised
services.
Evaluation
necessary
to
determine
the
profiles
of
their
clients.
Analysis
of
the
financial
products
to
be
offered
to
their
clients,
in
order
to
determine
their
profile,
taking
into
account
both
their
complexity
and
the
Advised
Investment
Service
to
be
provided.
Evaluation
of
the
reasonableness
of
recommendations
or
operations
in
Advised
Investment
Services,
including
the
diversification
policy.
Preparation
of
the
general
framework
for
action
in
the
case
of
contracts
where
the
clients
agree
to
discretionary
management
in
advised
services.
Additionally,
the
policies
and
guidelines
for
disseminating
to
their
clients
information
regarding
the
investment
funds
they
offer,
transaction
or
operation
reports
referenced
in
the
last
paragraph
of
Article
40
Bis
of
the
Law,
the
activities
and
services
they
provide,
the
commissions
charged,
as
well
as
the
others
related
to
investment
services
in
terms
of
the
general
provisions
issued
by
the
Commission,
shall
be
included.
Likewise,
the
activities
and
procedures
to
maintain
records
of
the
recommendations
provided
and
instructions
received
from
clients
regarding
the
corresponding
investment
service
shall
be
foreseen,
as
well
as
to
record
or
document
in
electronic
or digital
media
the
communications
with
their
clients
regarding
the
services
of
advice,
promotion,
purchase,
and
sale
of
investment
fund
shares.
d)
Accounting
In
this
section,
the
activities
and
procedures
associated
with
the
accounting
of
the
company
and,
if
applicable,
of
the
investment
funds
to
which
they
provide
services,
in
terms
of
what
is
provided
for
by
the
Commercial
Code,
as
well
as
the
records
or
auxiliaries
and
accounting
criteria
established
by
the
Commission,
having
to
describe,
as
appropriate,
at
least
those
activities
and
procedures
related
to:
The
administration
of
the
account
catalog
and
the
maintenance
of
accounting
guides
for
the
recording
of
the
different
types
of
operations.
The
recording
of
buy
and
sell
operations
of
the
instruments
that
make
up
the
securities
portfolio,
as
well
as
the
application,
results,
and
exercise
of
corporate
rights
related
to
the
operations
conducted.
The
establishment
of
mechanisms
to
corroborate
that
the
records
made
correspond
to
the
information
supporting
each
of
the
movements
made.
The
approval
of
accounts
payable
and
the
application
of
records
related
to
the
provisioning
of
expenses.
The
reconciliation
of
investments
that
form
part
of
the
securities
portfolio
with
respect
to
the
statements
issued
by
the
institutions
for
the
deposit
of
securities,
as
well
as
the
shares
distributed
with
respect
to
the
share
capital
of
the
investment
funds.
The
valuation
of
the
securities
portfolio
using
updated
valuation
prices,
provided
to
them
by
price
providers.
The
recognition
of
tax
obligations
derived
from
their
operation.
The
accounting
determination
of
the
valuation
price
of
the
different
series
or
classes
of
shares
of
the
investment
funds.
The
recording
of
asset
depreciation
and
expense
amortization.
The
restatement
of
financial
statements.
Accounting
and
operational
reconciliations.
The
generation
and
approval
of
financial
statements.
The
recognition
of
the
application
of
differentials
to
the
valuation
price
of
the
purchase
or
sale
of
the
shares
of
the
investment
funds
applied.
e)
Deposit
and
custody
Investment
fund
operating
companies
shall determine
whether
they
provide
custody
services
in
terms
of
Article
39
Bis,
fraction
III
of
the
Law.
In
the
alternative,
they
shall
indicate
the
entity
or
entities
that
carry
it
out,
both
for
the
case
of
the
Investment
Assets
and
of
the
shares
of
the
investment
funds
in
question.
Likewise,
they
shall
describe
the
different
activities
related
to
the
deposit
and
custody
of
the
Investment
Assets
and,
if
applicable,
of
the
shares
representing
the
share
capital
of
the
investment
funds,
in
order
to
ensure
the
existence
of
the
deposited
securities
and
to
guarantee
both
the
safekeeping
and
conservation
of
these,
including
the
mechanisms
that
ensure
the
due
update
of
the
corresponding
records.
f)
Valuation
of
investment
fund
shares
Investment
fund
share
valuation
companies
shall describe
all
those
activities
and
procedures
necessary
to
provide
the
service
of
valuation
of
investment
fund
shares
in
terms
of
Article
44
of
the
Law.
Additionally,
they
shall
incorporate
the
activities
and
procedures
for:
The
receipt
of
the
operational
and
accounting
information
necessary
for
the
determination
of
valuation
prices.
The
application
of
updated
valuation
prices
of
the
securities,
documents,
and
financial
instruments
that
are
part
of
the
assets
of
the
investment
funds,
provided
to
them
by
the
price
providers
of
the
investment
funds
in
question.
The
mechanisms
necessary
to
access
directly
and
verify
daily
the
information
on
the
composition
of
the
investment
portfolio
of
the
investment
funds
in
question,
as
well
as
the
number
of
shares
in
circulation
and
the
pending
operations
to
be
settled.
The
daily
corroboration
that
the
balances
and
movements
made
in
the
accounting
are
consistent
with
the
statements
in
question,
as
well
as
with
respect
to
the
other
operational
information
generated.
Recognize
the
application
of
differentials
to
the
valuation
price
of
the
purchase
or
sale
of
the
shares
of
the
investment
funds
applied.
Providing
the
valuation
prices
to
the
Commission
and
to
the
persons
referred
to
in
Article
32,
fractions
I,
II,
and
VII
of
the
Law.
Register
failures,
errors,
or
omissions
presented
in
the
receipt,
processing,
and
analysis
of
information,
which
impact
the
determination
of
the
valuation
prices
of
the
shares
of
the
investment
funds.
In
the
case
where
the
service
is
provided
by
investment
fund
operating
companies,
these
shall describe
the
services
and
activities
taking
into
account
what
is
provided
in
the
preceding
subsections,
as
well
as
the
processes
and
procedures
to
verify
compliance
with
the
obligations
provided
for
in
the
Law.
g)
Control,
monitoring,
and
treasury
operation
In
this
section,
the
activities
and
procedures
to
be
observed
for
the
treasury
operation,
as
well
as
for
the
control
and
monitoring
of
the
daily
operation
process
of
the
investment
funds
and
the
verification,
confirmation,
and
settlement
of
operations,
shall
be
described,
having
to
consider
at
least
the
following:
The
determination
of
initial
cash
flows,
having
to
describe
the
processes
related
to
the
verification
of
transfers
between
bank
accounts,
transfers
to
payment
systems,
to
define
daily
cash
flows.
The
verification
of
the
application
of
the
exercise
of
property
rights
derived
from
the
holding
of
securities
in
the
portfolios
of
the
investment
funds,
having
to
indicate,
among
other
aspects,
the
source
from
which
they
obtain
the
information
on
the
rights
decreed,
the
mechanisms
to
verify
the
payments
due
to
each
investment
fund,
the
means
through
which
they
make
known
to
the
entity
contracted
for
the
provision
of
the
deposit
and
custody
service
for
the
application,
if
applicable,
of
new
positions,
holdings,
or
cash
payments.
The
settlement
of
operations
derived
from
the
buy
and
sell
of
Investment
Assets
and
shares
of
the
investment
funds,
determining,
among
other
aspects,
the
balances
of
operations
pending
settlement,
the
authorized
areas
to
transfer
and
fund
the
cash
corresponding,
and
the
necessary
controls
to
verify
that
they
are
duly
settled.
Programming,
concentration,
and
dispersion
of
cash
flows,
specifying,
among
other
aspects,
the
policies
to
fund
the
means
they
establish
for
the
payment
of
the
corresponding
settlement
obligations,
the
requirements
that
bank
accounts
must
have
to
cover
the
needs
of
concentration,
dispersion,
and
settlement
of
operations,
having
to
establish
the
necessary
controls
relative
to
privileges
and
authorities
of
the
personnel
who
will
carry
out
these
functions.
Reconciliation
of
cash,
of
the
positions
of
the
securities
portfolio,
and
operational
closing,
detailing
the
processes
of
reconciliation
of
cash
and
securities,
with
the
statements
of
financial
institutions
and
depositaries,
the
periodicity,
as
well
as
the
procedure
that
will
result
in
the
case
of
presenting
differences
and
the
corrective
actions
that
will
be
taken,
generating
the
necessary
reports
that
support
such
procedure.
h)
Comprehensive
risk
management
In
the
case
of
investment
fund
operating
companies
that
provide
asset
management
services
to
investment
funds
in
debt
and
equity
instruments,
they
shall
include
the
policies
and
procedures
in
matters
of
comprehensive
risk
management,
in
accordance
with
what
is
provided
for
in
the
Law
and
in
the
general
provisions
emanating
from
it,
being
able
to
refer
to
the
corresponding
comprehensive
risk
management
manual.
i)
Other
administrative
services
In
the
case
of
investment
fund
operating
companies
that
provide
administrative
services,
they
shall describe
all
those
activities
and
procedures
necessary
to
provide
the
administrative
services
breaking
down
each
of
the
fractions
II
to
IV
indicated
in
Article
51
Bis
of
the
Law.
Additionally,
they
shall describe
the
systems
and
interconnections
established
with
those
providers
of
services
of
such
funds,
from
which
they
receive
the
required
information
for
the
adequate
provision
of
their
services.
j)
Internal
control
In
this
section,
the
activities
and
procedures
necessary
to
ensure
the
adequate
operation
of
the
company
and
of
the
investment
funds
to
which
they
provide
services,
and
that
it
is
in
accordance
with
its
strategies,
purposes,
and
activities,
as
well
as
with
what
is
provided
for
in
the
Law
and
general
provisions
emanating
from
it,
shall
be
described,
being
able
to
refer
to
the
corresponding
manual.
In
the
case
of
investment
fund
operating
companies,
additionally,
they
shall
develop
with
respect
to
the
investment
funds
they
administer,
at
least
what
is
relative
to:
Compliance
with
investment
and
operation
policies.
Adherence
to
the
prospectuses
for
public
investors.
The
adequate
operation
of
the
systems
and
accounting
through
which
it
can
be
verified:
The
existence
of
the
Investment
Assets
in
which
the
investment
fund
invests.
The
due
application
of
shareholders'
resources.
The
valuation
of
the
shares
representing
the
share
capital
of
the
investment
funds.
The
due
recognition
of
income
or
returns
in
the
accounting
of
the
investment
funds.
The
correspondence
between
the
distributed
shares
and
the
share
capital
of
the
investment
funds.
Additionally,
in
the
case
of
agreeing
on
commissions
with
other
investment
fund
operating
companies
or
financial
entities
from
abroad
of
the
same
type
to
carry
out
the
services
of
asset
management
of
the
investment
funds,
they
shall
incorporate
the
policies
and
procedures
to
monitor
the
performance
of
the
commissioned
party
and
the
compliance
with
its
contractual
obligations
in
terms
of
these
provisions.
Likewise,
they
shall
include
compliance
with
obligations
in
matters
of
internal
controls
in
the
case
of
distribution
of
shares
of
the
investment
funds
and
portfolio
management
on
behalf
of
third
parties.
Investment
fund
operating
companies
that
administer
any
investment
fund
referred
to
in
Article
6
Bis,
second
paragraph
of
these
provisions,
shall
include
the
activities
and
procedures
to
verify
that
the
ESG
Investment
Assets
continue
to
comply
with
at
least
one
of
the
criteria
(Mexico's
Sustainable
Taxonomy,
another
taxonomy,
rating,
or
labeling)
indicated
in
these
provisions,
as
well
as
the
measures
that
will
be
taken
in
the
case
where
any
ESG
Investment
Asset
in
which
they
invest
loses
such
character.
k)
Human
resources
In
this
section,
the
companies
shall
include
the
procedures
related
to
the
administration
of
the
human
resources
necessary
for
the
adequate
and
efficient
operation
of
their
different
business
units,
considering
the
policies
to
carry
out
the
recruitment
and
selection
of
personnel;
the
hiring
and
removal
of
personnel;
remunerations
and
benefits;
training;
certification
and
authorization
of
attorneys
to
conclude
operations
with
the
public,
and
the
integration
of
files
of
council
members,
executives,
and
employees.
l)
Complementary
services
In
this
section,
the
services
and
related
or
complementary
activities
that
have
been
previously
authorized
by
the
Commission
shall
be
described,
as
well
as
the
description
of
the
processes
and
procedures
associated
with
these
services.
In
these
cases,
additionally,
the
different
business
relationships,
as
well
as
the
information
flows
generated
by
such
services,
shall
be
clearly
included.
CONTINGENCIES
a)
Recovery
actions
In
this
section,
the
responsible
persons,
personnel
involved,
and
defined
activities
for
the
execution
of
timely corrective
measures
in
the
case
of
contingency
or
emergency,
for
potential
technological
failures,
operational
problems,
or
exogenous
issues,
in
order
to
ensure
continuity
in
the
operation
of
the
company
or
financial
entity
in
question,
shall
be
described.
b)
Information
backup
In
this
section,
the
processes
and
activities,
as
well
as
the
responsible
persons
for
the
safekeeping
and
conservation
of
the
information
generated
in
the
provision
of
the
services
of
the
company
or
financial
entity
in
question,
shall
be
described.
c)
Information
recovery
In
this
section,
the
processes
and
procedures
established
for
the
timely
recovery
of
the
information
generated
by
the
different
services
that
the
company
or
financial
entity
in
question
provides,
the
persons
authorized
to
request
the
recovery
of
the
information
in
question,
as
well
as
the
responsible
persons,
shall
be
described.
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