2018-10-04 | DOF 5539944

Added

Resolution modifying the guidelines for the disclosure of sanctions imposed by the National Banking and Securities Commission

The National Banking and Securities Commission amends Article 1, fraction II of its guidelines on sanction disclosure to include the Law for the Regulation of Financial Technology Institutions. This change ensures that sanctions imposed under this specific law are publicly disclosed in accordance with existing transparency requirements. The resolution entered into force the day following its publication in the Official Journal of the Federation on October 4, 2018.

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DOF: 04/10/2018

RESOLUTION modifying the guidelines for the disclosure of sanctions imposed by the National Banking and Securities Commission

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 136 of the Savings and Popular Credit Law; Article 105 of the Law for the Regulation of the Activities of Savings and Loan Cooperative Societies; Article 116 of the Credit Unions Law; Article 89 Bis 3 of the General Law of Organizations and Auxiliary Credit Activities; Article 109 Bis 8 of the Credit Institutions Law; Article 86 Bis 2 of the Investment Funds Law; Article 391 Bis of the Securities Market Law; Article 56 of the Law for the Regulation of Credit Information Societies; Article 150 of the Law for the Regulation of Financial Groupings; Article 108 of the Law for the Regulation of Financial Technology Institutions; as well as Articles 4, fraction XXXVI, 5 Bis 2, 12, fraction XV; and 16, fraction I of the Law of the National Banking and Securities Commission, after agreement of its Board of Directors, and

CONSIDERING

That on March 9, 2018, the "Decree by which the Law for the Regulation of Financial Technology Institutions is issued and various provisions of the Credit Institutions Law, the Securities Market Law, the General Law of Organizations and Auxiliary Credit Activities, the Law for Transparency and Orderly Conduct of Financial Services, the Law for the Regulation of Credit Information Societies, the Law for the Protection and Defense of Financial Services Users, the Law for the Regulation of Financial Groupings, the Law of the National Banking and Securities Commission, and the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin are reformed and added" was published in the Official Journal of the Federation;

That to protect the exercise of the right to access information, the National Banking and Securities Commission, adhering to the guidelines it issues, will make known to the general public the sanctions it imposes for violations of the Law for the Regulation of Financial Technology Institutions or the provisions emanating from it, and

That in light of the above, it is necessary to modify the guidelines that provide for the manner in which the National Banking and Securities Commission makes known to the public the sanctions it imposes in the exercise of its powers, in order to incorporate those imposed under the Law for the Regulation of Financial Technology Institutions, it has resolved to issue the following:

RESOLUTION MODIFYING THE GUIDELINES FOR THE DISCLOSURE OF THE SANCTIONS

THAT WILL BE IMPOSED BY THE NATIONAL BANKING AND SECURITIES COMMISSION

SOLE ARTICLE.- Article 1, fraction II of the Guidelines for the disclosure of sanctions imposed by the National Banking and Securities Commission, published in the Official Journal of the Federation on April 9, 2014 and modified by resolution published in said dissemination organ on June 10, 2014, is REFORMED, to read as follows:

"Article 1.-

...

...

I.

...

II.

Laws, to the Savings and Popular Credit Law, the Law for the Regulation of the Activities of Savings and Loan Cooperative Societies, the Credit Unions Law, the General Law of Organizations and Auxiliary Credit Activities, the Credit Institutions Law, the Investment Funds Law, the Securities Market Law, the Law for the Regulation of Credit Information Societies, the Law for the Regulation of Financial Groupings, and the Law for the Regulation of Financial Technology Institutions.

III.-

...

TRANSITORY

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

Respectfully,

Mexico City, September 26, 2018.- The President of the National Banking and Securities Commission, José Bernardo González Rosas.- Signature.

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