Resolution of 26 July 2023 by the Council of the National Securities Market Commission Modifying the Internal Regulations (Consolidated Text, Last Modification 01/08/2023)

I. GENERAL PROVISIONS
NATIONAL SECURITIES MARKET COMMISSION
17644 Resolution of 26 July 2023, by the Council of the National Securities Market Commission, modifying the Internal Regulations.

The Council of the CNMV, in its session of 26 July 2023, in accordance with Article 6 of the Internal Regulations, approves the modifications to Articles 27, 30, 31, 33, and 42 of the CNMV Internal Regulations, as set out below.

Sole Article. Modification of the CNMV Internal Regulations.
The CNMV Internal Regulations are modified as follows:

One. Paragraph 2 of Article 27 is modified, which shall read as follows:
"2. The General Directorates may be organized into Departments and/or Units for the distribution of competencies entrusted to them, the performance of their specific activities, and the assignment of objectives and responsibilities. Without prejudice to the foregoing, Departments may be attached to the governing bodies of the CNMV. Each Department shall be headed by a Director. In the case of the General Directorate of the Legal Service, there shall be an Assistant General Directorate, whose head shall also be the Deputy Secretary of the Council, and in the case of the General Secretariat, there shall be a Deputy General Secretariat."

Two. Paragraph 6 of Article 27 is modified, which shall read as follows:
"The General Directors of Markets, Entities, Strategic Policy and International Affairs, and of the Legal Service, as well as the General Secretary, shall propose to the President the Directors dependent on each of them, for the purpose of the latter designating them as substitutes in cases of vacancy, absence, or illness. In the absence of the provisions in the preceding paragraph, the General Directors shall be substituted by one of the Department Directors dependent on them, in accordance with the order in which they appear mentioned in these Internal Regulations. The General Director of the Legal Service shall be substituted by the Assistant General Director, and the General Secretary shall be substituted by the Deputy General Secretary."

Three. A new letter 'ñ' is introduced into paragraph 3 of Article 30 with the following wording:
"ñ) The supervision of compliance with the transparency requirements established by Article 118 of Law 6/2023 for voting advisors referred to in item 11 of letter a) of paragraph 1 of Article 232 of said law."

Four. A final paragraph is introduced into paragraph 1 of Article 31, with the following wording:
"Likewise, the Money Laundering Prevention Unit shall depend directly on the General Director of Entities, to which shall correspond the exercise of the functions referred to in letters e), f), and g) of paragraph 2 of Article 30, in matters of money laundering prevention."

BOLETÍN OFICIAL DEL ESTADO
No. 182 Tuesday 1 August 2023 Sec. I. Page 113720 cve: BOE-A-2023-17644 Verifiable at https://www.boe.es

Five. Letter c) of paragraph 2 of Article 31 is modified, which shall read as follows:
"c) Financial and Corporate Information Department, which shall exercise the functions referred to in letters c), g), h) and i) of paragraph 3 of Article 30, and those corresponding to it from letters l), m) and ñ) of the same paragraph."

Six. Paragraph 1 of Article 33 is modified, which shall read as follows:
"1. The General Secretariat shall depend directly on the President, to which shall correspond:
a) To attend to the governance, administration, and internal regime of the CNMV. b) To administer the human resources of the CNMV. c) To coordinate the economic management of the body, keep its accounts, draft budget bills, process their modifications, manage and collect fees, issuing the corresponding administrative acts, as well as coordinate the cashier and treasury services. d) To direct and organize the general services of registration and archives. e) To direct and coordinate the different special registers. f) To direct and organize the general services of security, surveillance, communications, conservation, and maintenance of the CNMV. g) To instruct and process administrative contracting files."

Seven. Paragraph 2 of Article 33 is given a new wording:
"2. The Deputy General Secretariat, with the rank of department, shall be attached to the General Secretariat, to which shall correspond:
a) To assist the head of the General Secretariat in the exercise of their competencies. b) To exercise the functions enumerated in letters b), d) and e) of the preceding paragraph, through units with direct hierarchical dependence on the Deputy General Secretariat, without prejudice to the superior direction of the head of the General Secretariat. c) To replace the head of the General Secretariat in case of vacancy, absence, or illness."

Eight. The previous paragraph 2 of Article 33 is renumbered, becoming paragraph 3, maintaining its current wording.

Nine. A new letter m) is introduced into paragraph 1 of Article 42, with the following wording:
"m) Procedure for the resolution of central counterparties and preventive resolution of investment firms."

Final Provision. This modification shall enter into force on the day of its publication in the 'Boletín Oficial del Estado'.

Madrid, 26 July 2023.–The President of the National Securities Market Commission, Rodrigo Buenaventura Canino.

BOLETÍN OFICIAL DEL ESTADO
No. 182 Tuesday 1 August 2023 Sec. I. Page 113721 cve: BOE-A-2023-17644 Verifiable at https://www.boe.es https://www.boe.es BOLETÍN OFICIAL DEL ESTADO D. L.: M-1/1958 - ISSN: 0212-033X