Resolution modifying the General Provisions applicable to Savings and Credit Entities, Integration Organizations, Community Financial Societies, and Rural Financial Integration Organizations under the Savings and Credit Popular Law

DOF: 10/16/2018

RESOLUTION modifying the General Provisions applicable to Savings and Credit Entities, Integration Organizations, Community Financial Societies, and Rural Financial Integration Organizations, referred to in the Savings and Credit Popular Law.

A seal bearing the National Coat of Arms appears at the margin, stating: United Mexican States.- Ministry of Finance and Public Credit.- National Banking and Securities Commission.

The National Banking and Securities Commission, based on the provisions of Article 112, last paragraph of the Savings and Credit Popular Law, as well as Articles 4, fractions XXXVI and XXXVIII, and 16, fraction I of the National Banking and Securities Commission Law,

CONSIDERING

That for the benefit of savers, it is convenient to increase the number of offices or branches that can receive requests for payment of guaranteed obligations, it has resolved to issue the following:

RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO SAVINGS AND CREDIT ENTITIES, INTEGRATION ORGANIZATIONS, COMMUNITY FINANCIAL SOCIETIES, AND RURAL FINANCIAL INTEGRATION ORGANIZATIONS, REFERRED TO IN THE SAVINGS AND CREDIT POPULAR LAW

SINGLE.- Articles 308, first and last paragraphs; 310; 313, third and fourth paragraphs; and 316, first and second paragraphs are REFORMED; and Article 307, third paragraph is ADDED to the "General Provisions applicable to Savings and Credit Entities, Integration Organizations, Community Financial Societies, and Rural Financial Integration Organizations, referred to in the Savings and Credit Popular Law," published in the Official Gazette of the Federation on December 18, 2006, and modifications through resolutions published in said dissemination organ on January 18 and August 11, 2008; December 16, 2010; December 18, 2012; January 12, February 6, April 2, September 22, and October 29, 2015; January 7, February 2, April 22, July 11, September 28, and December 27, 2016; March 10, May 31, July 24, and October 6, 2017; January 23 and 26, and April 26, 2018, to read as follows:

"Article 307.-

...

...

The Popular Financial Society, once declared in dissolution and liquidation or its commercial bankruptcy decreed, may be assisted by other financial entities so that, in addition to in their own offices or branches, the necessary management for the payment of guaranteed obligations to their savers is carried out in the offices of these latter entities, which shall be made known to Interested Parties in the notice referred to in the previous paragraph, without the Popular Financial Society ceasing to be responsible for the management carried out in the branches or offices of the financial entities authorized for this purpose.

Article 308.-

The request to receive payment referred to in Article 302 of these provisions must be submitted individually in the formats issued for this purpose by the Protection Fund, duly filled out and signed by the Interested Party, at any branch or public service office of the Popular Financial Society declared in dissolution and liquidation or of which its commercial bankruptcy has been decreed, and, if applicable, in the offices or branches of the financial entities authorized under Article 307 of these provisions, within one hundred and eighty days following the date on which the notice referred to in the previous article has been published.

...

...

The payment request formats must be available to Interested Parties at the branches or offices of the Popular Financial Society and, if applicable, of the financial entities authorized under Article 307 of these provisions, as well as on the Internet page of the Protection Fund and the Popular Financial Society itself."

"Article 310.-

The officials of the branches or public service offices of the Popular Financial Society in question and of the financial entities authorized under Article 307 of these provisions shall receive and validate, in accordance with the previous Article 309, the information contained in the payment request, assign it a file number, and issue the Interested Party a receipt of receipt which must include said file number, the date and time of submission of the respective request."

"Article 313.-

...

...

The Savings Protection Committee shall send to each branch and main office of the Popular Financial Society and, if applicable, of the financial entities authorized under Article 307 of these provisions, at least weekly, reports with the following information:

I. to III.

...

In accordance with the provisions of Article 34 of the Law, in these records, reference shall only be made to the Interested Party by the file number corresponding to their request. Such records must be located in a visible place in the branches of the Popular Financial Society in question and, if applicable, of the financial entities authorized under Article 307 of these provisions, as well as on the Internet page of the Protection Fund and the Popular Financial Society itself for consultation by Interested Parties until the payment process to all savers who have requested their deposit insurance concludes.

... "

"Article 316.-

The Savings Protection Committee shall make the payment of the obligations subject to protection through a payment order, a non-negotiable named check that may be delivered to the Interested Party at the branches of the Popular Financial Society or of the financial entities designated for this purpose, or sent to the address specified in the request, or by electronic transfer to an account held by the Interested Party in a financial entity, as stipulated in their request.

The Interested Party who has opted for a payment order or check and so indicated in their request, upon prior proof of identity, may receive the payment corresponding to them under this chapter, at the branch of the Popular Financial Society or of the authorized financial entity where the request was submitted.

... "

TRANSITORY

SINGLE.- This Resolution shall enter into force the day following its publication in the Official Gazette of the Federation.

Sincerely,

Mexico City, October 10, 2018. - The President of the National Banking and Securities Commission, José Bernardo González Rosas.- Signature.

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