Resolution Modifying the Guidelines for the Performance Evaluation of Multiple Banking Institutions

DOF: 04/07/2024

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

At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.

ROGELIO EDUARDO RAMÍREZ DE LA O,
Secretary of Finance and Public Credit, under 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 and 110 Bis 11, 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 derogating 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 named "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 their corporate purpose in supporting and promoting 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 Institute for the Protection of Bank Savings, at the request of the Ministry of Finance and Public Credit, will cooperate in the performance evaluations;

That Article 279 of the Credit Institutions Law establishes that the Ministry of Finance and Public Credit will determine the frequency, methodology and other aspects for the performance evaluation of multiple banking institutions; and that the methodology will establish the evaluation parameters that must attend to the characteristics of these, 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 case the result of the performance evaluation of a multiple banking institution is not satisfactory, it must present for approval of 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 correspond to them to grant within the scope of their attributes;

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 and on January 11, 2017, the Ministry of Finance and Public Credit published in the Official Gazette of the Federation the Resolution modifying 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 with the aim of verifying that, in the development of their corporate purpose, and in accordance with sound practices and banking 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 foster 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 frequency 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, in their case, multiple banking institutions must present to the Ministry;

That, in order to optimize the evaluation procedure established in the Guidelines and their modifications, it is necessary to modify the deadlines for the exchange of information between multiple banking institutions and the Ministry of Finance and Public Credit;

That, in order to provide greater certainty to multiple banking institutions regarding the rating criteria and the right to a hearing that they have to manifest 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 can 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 Guidelines Second, fraction VIII, Third, last paragraph, Fourth, first paragraph, Tenth, Twelfth, Fourteenth, Fifteenth, Sixteenth, Nineteenth and Twenty-First, Twenty-First Bis fractions from I to IV, are REFORMED; in Guideline Fourth, the fourth and fifth paragraphs are ADDED; in the Fourteenth, second paragraph; in the Fifteenth, second paragraph; in the Twenty-First, second paragraph, in Twenty-First Bis the fractions IV and VI; and Guideline Twentieth of the Guidelines for the Performance Evaluation of Multiple Banking Institutions, published in the Official Gazette of the Federation on December 31, 2014, and its modifications, are DEROGATED, to remain as follows:

SECOND.- ...

VIII.- Ministry: The Ministry of Finance and Public Credit, through the Unit of Banking, Securities and Savings.

THIRD.- ...

The performance evaluation of multiple banking institutions will be carried out annually in order to measure and qualify the activity of each of them based on the Bank Evaluation Index and the Strategic Questionnaire.

The bank evaluation index and the strategic questionnaire that make up the performance evaluation of multiple banking institutions will be notified, in accordance with Article 110 Bis 11 of the Law, during the month of October of the year to be evaluated by the means determined by the Ministry.

Multiple banking institutions that have at least one year of operation at the close of the year to be evaluated will be subject to evaluation.

Multiple banking institutions with less than five years of operation at the close of the year to be evaluated will be evaluated for indicative purposes only, and for tracking their performance, operation and good practices implemented.

Therefore, these institutions will not be subject to the measures established in Articles 53, second paragraph, and 281, second and third paragraphs, of the Law.

FOURTH.- The Bank Evaluation Index will be calculated from indicators that may consider the business model of multiple banking institutions.

These indicators will be notified to each of them by the Ministry, in the month of October of the year to be evaluated.

...

...

The notifications referred to in these Guidelines will be carried out by any of the means provided for in Article 110 Bis 2, specifying, among others, the deadlines, means and forms for providing attention.

Nevertheless, the Ministry will prioritize the use of electronic communication means, in the terms and under the conditions provided for in Article 110 Bis 11 of the Law.

TENTH.- The service quality sub-index will be calculated from indicators that are published for each multiple banking institution by the CONDUSEF.

TWELFTH.- The Strategic Questionnaire will evaluate the actions and programs implemented by multiple banking institutions considering their business model regarding the following priority objectives:

1. Development and fulfillment of the corporate purpose.
2. Development of credit activities.
3. Promotion of savings.
4. Education, inclusion and access to financial services.
5. Development, digitalization and strengthening of the financial market.
6. Sustainable finance.
7. Those others that, in their case, the Ministry determines.

FOURTEENTH.- The Strategic Questionnaire will be provided by the means and in the format determined by the Ministry.

The Strategic Questionnaire will consist of questions that may require specific answers or figures as of a certain date, as well as detailed explanations of plans, programs and actions of multiple banking institutions regarding the priority objectives described in this Section.

FIFTEENTH.- The response to the Strategic Questionnaire must be sent within the deadlines, means and forms that the Ministry indicates in the notification of the respective Questionnaire.

In all cases, the response must be sent by a legal representative of the multiple banking institution as determined in the corresponding notification.

SIXTEENTH.- The information provided by multiple banking institutions will be, in their case, classified in terms of the General Law of Transparency and Access to Public Information and the Federal Law of Transparency and Access to Public Information.

Likewise, multiple banking institutions may indicate the information that, in accordance with the aforementioned legal provisions, should be subject to classification.

NINETEENTH.- The result of the performance evaluation of a multiple banking institution will be defined according to the following criteria:

Satisfactory result: when the rating of the Bank Evaluation Index is passing and the rating of the Strategic Questionnaire is outstanding or sufficient.

It will also be considered a satisfactory result the situation in which the multiple banking institution obtains a non-passing rating in the Bank Evaluation Index, but obtains an outstanding rating in the Strategic Questionnaire.

Satisfactory result with observations: when the rating of the Bank Evaluation Index is non-passing, and the rating of the Strategic Questionnaire is sufficient.

Unsatisfactory result: when the rating of the Bank Evaluation Index is passing and the rating of the Strategic Questionnaire is deficient.

It will also be considered in this situation the institution that obtains a non-passing rating in the Bank Evaluation Index and a deficient rating in the Strategic Questionnaire.

In case the institution obtains an Unsatisfactory or Satisfactory with observations result, the Ministry will formulate observations that must be considered by said multiple banking institution.

TWENTIETH.- Derogated.

TWENTY-FIRST.- The Ministry will notify the preliminary result of the performance evaluation of each multiple banking institution, as well as the elements used to determine the rating of the Bank Evaluation Index, no later than the last business day of the month of May of the year following the one corresponding to the year of the evaluation, through an official document that, for such effect, it issues to each institution, through the Unit of Banking, Securities and Savings.

Multiple banking institutions will have a period of ten business days to exercise their right to a hearing before the Ministry, counted from the day following the one on which the official notification is practiced.

TWENTY-FIRST BIS.- ...

I. Once the request for the right to a hearing has been presented by multiple banking institutions within the period established in the previous guideline, the Ministry will cite said multiple banking institutions to a hearing to be held in the offices of the Unit of Banking, Securities and Savings, or, by means of electronic systems, so that through their legal representative they manifest what is convenient for their interest and offer documentary evidence related to the results of the corresponding evaluation, which were made known in the respective official document;

II. The official document that defines the date of the hearing will be notified by the Ministry, in accordance with what is provided in Article 110 Bis 11 of the Credit Institutions Law, to the multiple banking institution through its legal representative, with an advance of not less than five nor more than ten business days, to the date of celebration of the hearing;

III. The hearing will be held in the place, day, hour and means indicated in the respective official document, and may be deferred only once, by written request of the multiple banking institution formulated up to two business days prior to the scheduled celebration of the hearing.

In the case 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 manifest what is convenient for its interest and offer evidence to support its statement will be precluded, in accordance with the information that is in the database of the corresponding evaluation;

IV. In case the Ministry so determines during the hearing, the institution may present additional documentary evidence to that presented in the same in a period not greater than ten business days counted from its conclusion, without the indicated period being extendable.

After said period, no additional documentation will be admitted to the multiple banking institution.

V. Once the hearing indicated in the previous fraction has concluded, the Ministry will resolve within the month of July, the modifications that, in their case, should be made to the results of the evaluation of the corresponding multiple banking institution, and will notify it of the final resolution.

VI. Any information sent to the Ministry outside the cases provided for in fractions III and IV will not be taken into consideration.

TRANSITORY PROVISIONS

FIRST.- This Resolution will enter into force the day following its publication in the Official Gazette of the Federation, with the exception of what is established in the following transitory provision.

SECOND.- The evaluation corresponding to the 2023 exercise will be concluded in accordance with the guidelines in force prior to the entry into force of this Resolution.

Given in Mexico City, on August 09, 2023.-
The Secretary of Finance and Public Credit, Rogelio Eduardo Ramírez De La O.- Signature.

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