Resolution modifying the General Rules for the Integration of Files Containing Information Accrediting Compliance with Requirements for Persons Holding Positions in Financial Entities

DOF: 10/11/2017

RESOLUTION modifying the General Rules for the Integration of Files Containing the Information that Accredits Compliance with the Requirements that Persons Holding Jobs, Positions, or Commissions in Financial Entities Must Satisfy.

A seal with the National Coat of Arms appears at the margin, which reads: 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 articles 32, 33, and 35 of the Credit Unions Law, as well as 16, fraction I, and 19 of the National Banking and Securities Commission Law, and

CONSIDERING

That it is necessary to provide for certain additional requirements for the directors, general director, and auditors of credit unions using those required of other financial entities that also intermediated resources, in order to professionalize their management for the benefit of their members and the financial system as a whole, 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 administrative acts of a general nature to which article 69-H of the Federal Administrative Procedure Law applies," published in the Official Gazette of the Federation on March 8, 2017, various modifications were made to the "General Provisions applicable to general deposit warehouses, exchange houses, credit unions, and multiple-object financial societies regulated," which had the purpose of establishing exception cases so that credit unions do not constitute additional preventive provisions beyond those they must create as a result of the process of qualifying their credit portfolio, as well as regarding the obligation of real estate societies to abstain from acquiring, administering, or taking in financial lease real estate not intended for offices of the credit union that participates in its share capital, has resolved to issue the following:

RESOLUTION MODIFYING THE GENERAL RULES FOR THE INTEGRATION OF FILES CONTAINING THE INFORMATION THAT ACCREDITS COMPLIANCE WITH THE REQUIREMENTS THAT PERSONS HOLDING JOBS, POSITIONS, OR COMMISSIONS IN FINANCIAL ENTITIES MUST SATISFY

SOLE.- The Second Rule is ADDED, with a second paragraph, shifting the current second paragraph to become the third paragraph of the "General Rules for the Integration of Files Containing the Information that Accredits Compliance with the Requirements that Persons Holding Jobs, Positions, or Commissions in Financial Entities Must Satisfy," published in the Official Gazette of the Federation on March 1, 2002, and modified by Resolutions published in said dissemination medium on June 16, 2006, January 27, 2009, and June 10, 2014, to read as follows:

"SECOND RULE.-

...

Regarding the general director, executives, and auditors of credit unions, additionally, they must be residents in national territory in terms of what is provided by the Federal Tax Code and must not be performing regulatory or supervisory functions of the credit union itself.

..."

TRANSITIONAL

SOLE.-

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

Respectfully,

Mexico City, October 30, 2017. - The President of the National Banking and Securities Commission, Jaime González Aguadé.- Signature.

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