2018-08-21 | DOF 5535370Added
The resolution amends Article 68 to restrict direct electronic access channels for securities broker-dealers to only those clients specified in fractions I to V of Article 2 of the general provisions for financial entities. It modifies transitional provisions to require compliance with best execution duties under Article 76 Bis starting October 22, 2018, and compliance with Articles 30 and 99 by July 31, 2019. Broker-dealers must update their systems within three months to prevent sophisticated qualified investors from using direct electronic access channels and must document client instructions regarding stock exchange selection.
DOF: 21/08/2018
RESOLUTION modifying the general provisions applicable to securities broker-dealers
A seal with 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 171, first paragraph of the Securities Market Law, as well as Articles 4, fractions XXXVI and XXXVIII, and 16, fraction I of the National Banking and Securities Commission Law, and
CONSIDERING
That, taking into account the regulations on investment services applicable to securities broker-dealers and the similarity of the characteristics of some clients who can currently contract electronic access channels to send instructions directly to stock exchanges and those specified in the aforementioned regulations for the provision of investment services, the client base that can contract such channels with securities broker-dealers is expanded, and
That in order for the orders of clients of securities broker-dealers to be executed according to the best conditions existing in the securities market, adjustments are made to the deadline for such securities broker-dealers to be in a position to comply with the duty of best execution, has resolved to issue the following:
RESOLUTION MODIFYING THE GENERAL PROVISIONS APPLICABLE TO
SECURITIES BROKER-DEALERS
FIRST.-
Article 68, sixth paragraph of the "General Provisions Applicable to Securities Broker-Dealers", published in the Official Gazette of the Federation on September 6, 2004 and modified through Resolutions published in the same medium on March 9, 2005; March 29, June 26, December 6 and 22, 2006; January 17, 2007; August 11, September 19 and October 23, 2008; April 30 and December 30, 2009; February 4, July 29 and November 26, 2010; August 23, 2011; February 16, March 23 and December 17, 2012; January 31, July 2 and 11, 2013; January 30, June 5 and 30 and December 19, 2014; January 6, 8 and 9, March 13, September 18 and December 31, 2015; May 12, September 28 and December 27, 2016; June 23, July 24, September 5, October 3 and 18 and December 18, 2017; January 4, April 10 and 26 and May 11, 2018, shall read as follows:
" Article 68.- . . .
. . .
. . .
. . .
. . .
Securities broker-dealers may only offer direct electronic access channels to the clients specified in fractions I to V of Article 2 of the "General Provisions Applicable to Financial Entities and Other Persons Providing Investment Services", published in the Official Gazette of the Federation on January 9, 2015 and its respective modifications.
. . .
. . .
. . .
. . . "
SECOND.- Article SECOND TRANSITORY, fraction IV, subsection a); is AMENDED; Article SECOND TRANSITORY, fractions VI and VII, are ADDED; and Article SECOND TRANSITORY, fraction IV, subsection e) of the "Resolution modifying the general provisions applicable to securities broker-dealers, published in the Official Gazette of the Federation on June 23, 2017 and modified through Resolutions published in the said Gazette on September 5 and October 18, 2017, as well as April 10, 2018", are REPEALED, to read as follows:
" SECOND.- . . .
I. to III.
. . .
IV.
. . .
a)
Comply with what is provided in Article 10 which is amended by this Resolution.
b) to d)
. . .
e)
Repealed.
V.
. . .
VI.
Starting October 22, 2018, they must comply with the duty of best execution in terms of what is provided in Article 76 Bis of these provisions.
Securities broker-dealers may continue to send during the period between July 23, 2018 and January 21, 2019, to the stock exchange selected by their clients, the respective instructions, if they are in a position to do so. This possibility must be communicated to the National Banking and Securities Commission and to their clients as soon as it is possible according to the functionality of the reception and assignment system of each securities broker-dealer. For the purposes of the foregoing, securities broker-dealers are obligated to preserve documentary evidence that proves that communications with clients were made and keep it available to said Commission. Additionally, securities broker-dealers are prohibited from inducing or inviting their clients to select any stock exchange, and must leave evidence that the client themselves instructed the operation in those terms.
VII.
By July 31, 2019 to comply with what is provided in Articles 30 and 99, which are amended by this Resolution.
TRANSITORY PROVISIONS
FIRST.- This Resolution shall enter into force the day following its publication in the Official Gazette of the Federation.
SECOND.- Securities broker-dealers will have a period of three months from the publication of this instrument in the Official Gazette of the Federation to make modifications to their reception and assignment system so that clients who are sophisticated qualified investors in terms of the General Provisions Applicable to Securities Broker-Dealers no longer use the direct electronic access channels referred to in Article 68 of said provisions, as well as to make the necessary notices for said clients.
Respectfully,
Mexico City, August 10, 2018.- The President of the National Banking and Securities Commission, José Bernardo González Rosas.- Signature.
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