Resolution modifying the General Provisions for obtaining the technical opinion for exchange centers, money transmitters and unregulated multiple-object financial companies

DOF: 26/06/2017

RESOLUTION modifying the General Provisions for obtaining the technical opinion for exchange centers, money transmitters and unregulated multiple-object financial companies

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 86-Bis, first and second paragraphs of the General Law of Credit Auxiliary Organizations and Activities, as well as Articles 4, fractions XXXVI, XXXVII and XXXVIII and 16, fraction I of the Law of the National Banking and Securities Commission, and

CONSIDERING

That it is necessary to require, for the renewal of the technical opinion that exchange centers and money transmitters must obtain, a statement that the company is in operation, in order to renew only those that are operating, since not carrying out the operations for which the registration was granted is a cause for revocation of the registration to operate as such, and

That in order to comply with the "Agreement establishing the guidelines that must be observed by the dependencies and decentralized organisms of the Federal Public Administration, regarding the issuance of general administrative acts to which Article 69-H of the Federal Administrative Procedure Law applies", the National Banking and Securities Commission intends to issue various modifying resolutions to normative instruments to grant a longer period for compliance with the provisions on capital requirements applicable to popular financial companies, and to eliminate the capital cost derived from the implementation of exchange coverage programs issued by the Bank of Mexico applicable to credit institutions, has resolved to issue the following:

RESOLUTION MODIFYING THE GENERAL PROVISIONS FOR OBTAINING THE TECHNICAL OPINION FOR EXCHANGE CENTERS, MONEY TRANSMITTERS AND UNREGULATED MULTIPLE-OBJECT FINANCIAL COMPANIES

SOLE.- Article 5, fraction VIII of the "General Provisions for obtaining the technical opinion for exchange centers, money transmitters and unregulated multiple-object financial companies", published in the Official Gazette of the Federation on April 4, 2014, updated with the modification published in said dissemination organ on September 30, 2016, is ADDED, to read as follows:

" Article 5 . . .

I. to VII

. . .

VIII.

Regarding renewals of the Technical Opinion, the sworn statement by the legal representative, in which it states that the exchange center or money transmitter is in operation, as well as the documentation supporting the statement. "

TRANSITORY PROVISIONS

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

SECOND.- The National Banking and Securities Commission shall issue the normative instruments to comply with Article Five of the "Agreement establishing the guidelines that must be observed by the dependencies and decentralized organisms of the Federal Public Administration, regarding the issuance of general administrative acts to which Article 69-H of the Federal Administrative Procedure Law applies" within a period of six months counted from the publication of this Resolution in the Official Gazette of the Federation.

Respectfully

Mexico City, June 15, 2017.- The President of the National Banking and Securities Commission, Jaime González Aguadé.- Initialled.

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