2021-09-10 | DOF 5629430

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Resolution modifying the General Provisions regulating self-correction programs

The resolution amends Article 10 of the General Provisions regulating self-correction programs to require that the person or area responsible for entity oversight submit a final report to the Commission within ten business days following the conclusion of the correction activities' deadline. This obligation applies to entities and persons subject to the supervision of the Comisión Nacional Bancaria y de Valores who have an authorized self-correction program. The resolution entered into force on the day following its publication in the Diario Oficial de la Federación.

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DOF: 10/09/2021

RESOLUTION modifying the General Provisions regulating self-correction programs

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

The National Banking and Securities Commission, based on the provisions of Articles 152 of the Law Regulating Financial Groupings; 98 Bis and 109 Bis 10 of the Credit Institutions Law; 395 Bis 1 of the Securities Market Law; 86 Bis 4 of the Investment Funds Law; 94 Bis 2 of the General Law of Organizations and Auxiliary Credit Activities; 136 Bis 4 of the Savings and Popular Credit Law; 108 Bis 1 of the Law Regulating the Activities of Savings and Loan Cooperative Societies; 119 Bis 1 of the Credit Unions Law; 56 Bis 2 of the Law Regulating Credit Information Societies; 116 of the Law Regulating Financial Technology Institutions; as well as Articles 4, sections I, XXXVI and XXXVIII, 9 Bis 2 and 16, section I of the Law of the National Banking and Securities Commission,

AND CONSIDERING

That in accordance with Article 78 of the General Law for Regulatory Improvement and with the aim of reducing the compliance cost of this modifying resolution, the National Banking and Securities Commission, through the issuance of the "Resolution modifying the General Provisions applicable to General Warehouses, Exchange Houses, Credit Unions and Regulated Multiple-Object Financial Societies," published in the Official Gazette of the Federation on April 26, 2018, proceeded to eliminate the obligation for Regulated Multiple-Object Financial Societies to present to the Commission the Opinion of the Independent Expert Auditor on deferred taxes and workers' participation in profits;

That financial entities and persons subject to the supervision of the National Banking and Securities Commission have the possibility of submitting to the authorization of said Commission a self-correction program when, in the course of their activities, they detect irregularities or non-compliance with what is provided in the laws governing them or in other applicable provisions, subjecting themselves to the general provisions issued by said supervisory authority, and

That with the aim of providing legal certainty to entities and persons subject to the supervision of the National Banking and Securities Commission regarding the compliance of activities provided for in the authorized self-correction program, it is necessary to establish the deadline for these parties to inform the supervisory authority about their compliance, has resolved to issue the following:

RESOLUTION MODIFYING THE GENERAL PROVISIONS REGULATING

SELF-CORRECTION PROGRAMS

SOLE ARTICLE.- Article 10 of the "General Provisions regulating self-correction programs," published in the Official Gazette of the Federation on October 20, 2014 and last amended by resolution published in said dissemination medium on November 28, 2018, is REFORMED, to read as follows:

"Article 10.- The person or area responsible for the oversight of the Entity must submit a final report to the Commission, through the Vice Presidency responsible for its supervision, within ten business days following the day on which the deadline or execution date limit of the correction activities contained in the Self-Correction Program has concluded."

TRANSITORY

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

Respectfully

Mexico City, September 1, 2021. - President of the National Banking and Securities Commission, Juan Pablo Graf Noriega.- Signature.

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