Resolution Modifying the Guidelines for the Performance Evaluation of Multiple Banking Institutions — SHCP — MX

DOF: 11/01/2017

RESOLUTION modifying the Guidelines for the Performance Evaluation of Multiple Banking Institutions

A seal bearing the National Coat of Arms, which reads: United Mexican States.- Ministry of Finance and Public Credit.- Secretary 100.- 02.

JOSÉ ANTONIO MEADE KURIBREÑA, Secretary of Finance and Public Credit, based on the provisions of articles 2, fraction I, and 31, fraction VII of the Organic Law of the Federal Public Administration; 4, first paragraph, and 6, fraction XXXIV of the Internal Regulations of the Ministry of Finance and Public Credit; as well as 4, 110 Bis 3, 275, 276, 277, 278, 279, 280 and 281 of the Credit Institutions Law, and

CONSIDERING

That on January 10, 2014, the "Decree reforming, adding and repealing various provisions in financial matters and issuing the Law to Regulate Financial Groups" was published in the Official Gazette of the Federation, through which an Eighth Title titled "On the Performance Evaluation of Multiple Banking Institutions" was added, comprising articles 275 to 281 of the Credit Institutions Law;

That article 275 of the Credit Institutions Law establishes that the Ministry of Finance and Public Credit will periodically evaluate the performance of multiple banking institutions;

That article 276 of the Credit Institutions Law states that the performance evaluation will be regarding the degree of orientation and compliance of multiple banking in the development of its corporate purpose towards the support and promotion of the productive forces of the country and the growth of the national economy, in accordance with sound banking practices and usages;

That article 277 of the Credit Institutions Law states that the performance evaluations will have as their main purpose to promote that multiple banking institutions fulfill their functions and assume the role corresponding to them in the National Banking System;

That article 278 of the Credit Institutions Law establishes that the Bank of Mexico, the National Banking and Securities Commission, and the Insurance Deposit Fund, at the request of the Ministry of Finance and Public Credit, will assist in the performance evaluations;

That article 279 of the Credit Institutions Law establishes that the Ministry of Finance and Public Credit will determine the periodicity, methodology and other aspects for the performance evaluation of multiple banking institutions; and that the methodology will establish the evaluation parameters that must take into account the characteristics of these institutions, such as the size of their assets and their degree of intermediation or specialization, considering the criteria of article 65 of the aforementioned Law, in that in the granting of credits, multiple banking institutions must estimate the payment viability on the part of the borrowers or counterparties;

That article 280 of the Credit Institutions Law establishes that the performance evaluations will be public and must be made known to the general public, and that in no case will they refer to the financial condition, liquidity or solvency of the evaluated multiple banking institutions;

That article 281 of the Credit Institutions Law states that in the event that the result of the performance evaluation of a multiple banking institution is not satisfactory, it must present for approval to the Ministry of Finance and Public Credit a plan to remedy deficiencies, which may be considered by the Ministry itself, the National Banking and Securities Commission, and the Bank of Mexico to resolve on the granting of authorizations that fall within their respective competencies;

That in compliance with the above, on December 31, 2014, the Ministry of Finance and Public Credit published in the Official Gazette of the Federation the Guidelines for the Performance Evaluation of Multiple Banking Institutions, which contemplate the establishment of the methodology for the periodic performance evaluation of multiple banking institutions in order to verify that, in the development of its corporate purpose, and in accordance with sound banking practices and usages: a) they orient their activities to support and promote the development of the productive forces of the country and boost the growth of the national economy, b) they encourage savings in all sectors and regions of the Mexican Republic, and c) they channel savings adequately with a wide regional coverage that promotes the decentralization of the Mexican Banking System;

Likewise, they establish the periodicity and parameters of the evaluation, as well as the terms of its dissemination, the right to a hearing, and the plan to remedy deficiencies that, if applicable, multiple banking institutions must present to the Ministry;

That in order to optimize the evaluation procedure established in the Guidelines, it is necessary to extend the deadlines for the delivery of information that multiple banking institutions must provide to the Ministry of Finance and Public Credit, as well as the deadline for the notification of the preliminary result of the evaluation by the aforementioned Ministry;

That in order to provide greater certainty to multiple banking institutions regarding the right to a hearing they have to express in writing what is convenient for their rights regarding their preliminary evaluation result, it is important to clarify the form and terms according to which this may take place; and

In compliance with what is ordered by the Law, I have resolved to issue the following:

RESOLUTION MODIFYING THE GUIDELINES FOR THE PERFORMANCE EVALUATION OF MULTIPLE BANKING INSTITUTIONS

SINGLE ARTICLE.- The Fourth, third paragraph, Sixteenth and Twenty-First Guidelines, and the Twenty-First Bis Guideline of the Guidelines for the Performance Evaluation of Multiple Banking Institutions, published in the Official Gazette of the Federation on December 31, 2014, are REFORMED and the Twenty-First Bis Guideline is ADDED, to read as follows:

FOURTH.-

...

The Strategic Questionnaire will be uniform for all multiple banking institutions and will be notified by letter to each of them by the Banking, Securities and Savings Unit of the Ministry, during the month of October of the year to be evaluated. The Strategic Questionnaire must be answered in its entirety by each multiple banking institution and delivered to the Ministry, within the first fifteen natural days of the month of February following the year to be evaluated. The institution that does not deliver the Strategic Questionnaire in the terms and deadlines established in these Guidelines will obtain an unsatisfactory result in its evaluation.

SIXTEENTH.- The information provided by multiple banking institutions in the Strategic Questionnaire will receive the treatment of confidential or reserved commercial information, as requested by the multiple banking institutions themselves, in terms of the General Law of Transparency and Access to Public Information, the Federal Law of Transparency and Access to Public Information, and the Foreign Trade Law and its Regulations.

TWENTY-FIRST.- The Ministry will notify the preliminary result of the performance evaluation of each multiple banking institution no later than the last business day of the month of May of the year following that corresponding to the evaluation year, by letter issued for this purpose to each institution, through the Banking, Securities and Savings Unit. Multiple banking institutions will have a period of ten business days to request a right to a hearing from the Ministry, counted from the day the notification of the letter takes effect.

TWENTY-FIRST BIS.- The right to a hearing of multiple banking institutions will be subject to the following:

Once the right to a hearing has been requested by the multiple banking institutions within the ten business day period stipulated in the Guidelines, the Ministry will summon said multiple banking institutions to an in-person hearing so that through their legal representative they may express what is convenient for their interest and offer evidence to support their statements, related to the results of the corresponding evaluation, which were made known to them in the respective letter;

II.

The letter defining the date of the hearing will be notified in accordance with what is provided in article 110 Bis 3 of the Credit Institutions Law, to the multiple banking institution through its legal representative, by means of the Banking, Securities and Savings Unit, with an advance of no less than five nor more than ten natural days, to the date of celebration of the hearing;

III.

The hearing will be held in the place, day and hour indicated in the respective letter, and may be postponed once, upon prior written request by the multiple banking institution. In the event that the multiple banking institution does not appear at the hearing, the results obtained in the evaluation will be considered definitive and its right to express what is convenient for its interest and offer evidence to support its statements, in accordance with the information contained in the database of the corresponding evaluation, will be precluded;

IV.

Once the hearing has concluded, in which the evidence has been examined and the arguments convenient for their rights have been formulated, by the multiple banking institutions, the Ministry will resolve within the fifteen natural days following the modifications that, if applicable, should be made to the results of the evaluation of the corresponding multiple banking institution, and will notify it of the final resolution.

TRANSITORY PROVISIONS

FIRST.- These modifications to the Guidelines will enter into force the day following their publication in the Official Gazette of the Federation. The Strategic Questionnaire corresponding to the performance evaluation for 2016 must be answered in its entirety by each multiple banking institution and delivered to the Ministry, within the first fifteen natural days of the month of February 2017, without the need for the Ministry to notify this new deadline in writing to each multiple banking institution.

SECOND.- Any modification to the indicators referred to in article FOURTH of these Guidelines, corresponding to the performance evaluation for 2016, will be notified to the multiple banking institutions within the first two months of 2017.

Given in Mexico City, on January 4, 2017.- The Secretary of Finance and Public Credit, José Antonio Meade Kuribreña.- Rubric.

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