Resolution reforming, adding and repealing general provisions under Articles 71 and 72 of the Law for Regulating the Activities of Savings and Loan Cooperative Societies

DOF: 23/03/2017

RESOLUTION that reforms, adds and repeals various of the general provisions referred to in Articles 71 and 72 of the Law for Regulating the Activities of Savings and Loan Cooperative Societies

A seal with the National Coat of Arms is placed at the margin, which reads: United Mexican States.- Ministry of Finance and Public Credit.

RESOLUTION THAT REFORMS, ADDS AND REPEALS VARIOUS OF THE GENERAL PROVISIONS REFERRED TO IN ARTICLES 71 AND 72 OF THE LAW FOR REGULATING THE ACTIVITIES OF SAVINGS AND LOAN COOPERATIVE SOCIETIES

JOSÉ ANTONIO MEADE KURIBREÑA, Secretary of Finance and Public Credit, based on the provisions of Articles 31, fractions VII and XXXIV of the Organic Law of the Federal Public Administration, as well as Articles 71 and 72 of the Law for Regulating the Activities of Savings and Loan Cooperative Societies, in the exercise of the powers conferred upon me by Article 6, fraction XXXIV of the Internal Regulations of the Ministry of Finance and Public Credit, and having received the prior opinion of the National Banking and Securities Commission issued via letter number VSPP/19/2017 dated February 13, 2017; and

CONSIDERING

That one of the most effective mechanisms within the regulatory framework for the prevention and combat of operations with resources of illicit origin and terrorist financing, consists in the implementation of policies for the identification and knowledge of clients and users by savings and loan cooperative societies, as they constitute fundamental elements to mitigate the risk that such societies are used for the commission of such offenses;

That since the year 2000, Mexico has been a member of the Financial Action Task Force (FATF), an intergovernmental body that sets international standards in matters of prevention and combat of operations with resources of illicit origin, terrorist financing and financing for the proliferation of weapons of mass destruction;

That in this sense, Mexico has committed to the aforementioned group and its members to implement its recommendations and, consequently, to what relates to the carrying out of a mutual evaluation consisting of a review of the systems and mechanisms that have been created in our country as a member of the FATF, as well as Mexico's response in the effective implementation of the 40 Recommendations. The foregoing, with the objective of instituting legal and operational systems for the prevention of operations with resources of illicit origin and terrorist financing, as well as any other threat that could compromise the integrity of the financial system both internationally and nationally;

That pursuant to FATF Recommendation 1, financial institutions must identify, evaluate and take actions to mitigate risks regarding operations with resources of illicit origin and terrorist financing through customer and user due diligence mechanisms that are appropriate to the risk they represent, which implies that savings and loan cooperative societies carry out the application of a Risk-Based Approach, so a Chapter is added in which a methodology is established for savings and loan cooperative societies to evaluate risks in this matter and apply mitigants to them in accordance with a Risk-Based Approach, in order to avoid being used for the commission of operations with resources of illicit origin and terrorist financing;

That pursuant to FATF Recommendation 10, modifications are made regarding the client identification policy for legal persons, regardless of the risk classification made by the savings and loan cooperative society, in order that obligated subjects know their shareholding and corporate structures, as well as to specify the mechanisms to collect data on beneficial owners. The foregoing, with the objective that savings and loan cooperative societies have more information that allows them to carry out a better evaluation of the risks to which they are exposed by virtue of their commercial relationships, of being used for the commission of the offenses of operations with resources of illicit origin and terrorist financing, and to adopt the pertinent actions for their mitigation;

That with the aim of increasing the effectiveness of measures in matters of prevention of operations with resources of illicit origin and the combat of terrorist financing, the thresholds relative to relevant and unusual operations are modified, as well as that regarding the establishment of internal approval escalation mechanisms concerning the purchase and sale of foreign currency that individuals carry out in branches as clients or users, with any type of foreign currency, which will result in the authorities having more information for the development of the authorities' powers in this matter;

That based on FATF Recommendation 20 and with the aim of strengthening the sending of reports of unusual operations and reports of concerning internal operations that are sent by savings and loan cooperative societies in terms of the General Provisions referred to in Articles 71 and 72 of the Law for Regulating the Activities of Savings and Loan Cooperative Societies, it is necessary to clarify the deadlines for presenting such reports, once they have been assessed, with the objective that the authority has the information in a timely manner for the exercise of its powers;

That for the savings and loan cooperative society to be able to comply with what is provided in these Provisions by having an official who at all times acts as a liaison with the authorities in terms of the General Provisions referred to in Articles 71 and 72 of the Law for Regulating the Activities of Savings and Loan Cooperative Societies, the possibility is established to appoint an interim compliance officer for a determined period in case the compliance officer in charge has their appointment revoked or is unable to carry out their functions;

That with the object of recognizing other official identifications, new valid personal identification documents are provided for the celebration of operations;

That with the objective of providing certainty on the period that the annual audit report of savings and loan cooperative societies that begin operations after the beginning of the calendar year must cover, it is considered necessary to clarify the scope of this obligation in this case, and

That once the opinion of the National Banking and Securities Commission has been heard, I have deemed it appropriate to issue the following:

RESOLUTION THAT REFORMS, ADDS AND REPEALS VARIOUS OF THE GENERAL PROVISIONS REFERRED TO IN ARTICLES 71 AND 72 OF THE LAW FOR REGULATING THE ACTIVITIES OF SAVINGS AND LOAN COOPERATIVE SOCIETIES

SINGLE ARTICLE.- The second paragraph of fraction VI, XVII, the first paragraph of fraction XIX, the first paragraph of fraction XX, the first paragraph of fraction XXI and XXVI of the 2nd; fractions I, sub-paragraph b), numeral i in its second paragraph and iii, III, sub-paragraph b), second paragraph, numeral i, IV in its last paragraph, VI, IX, sub-paragraph a), numeral vii and a last paragraph of said fraction, as well as third paragraph of the 4th; fractions I, sub-paragraphs a) and b), II in its first paragraph, III and second paragraph of the 17th; the first, second and third paragraphs, of the 18th; the seventh paragraph of the 19th; the first and third paragraphs of the 22nd; fraction I of the 24th; the first, fourth, fifth, sixth and seventh paragraphs of the 26th; the 27th; the first, second and third paragraphs of the 29th; the first paragraph of the 30th; fractions I in its first paragraph and II of the 33rd; the last paragraph of the 38th; the first paragraph of the 41st; fraction IV of the 42nd; the first paragraph of the 45th; the first paragraph of the 46th; fractions II, IV, VIII and IX of the 47th; the first, fourth, fifth and sixth paragraphs of the 48th; the second paragraph and fractions I and II of the 50th; the first and second paragraphs, the latter to become the fourth, of the 51st; the first paragraph of the 52nd; fraction I of the 53rd; fractions IV and IX of the 55th; the 64th; the first paragraph of the 67th; the 72nd and the 78th; are REFORMED; fractions XI Bis, XIV Bis and a second paragraph to fraction XXI to the 2nd; a second paragraph to numeral iii, sub-paragraph b), of fraction I, a sub-paragraph c) to fraction II, a second and third paragraphs to fraction VI of the 4th; a second paragraph to fraction II and third paragraph to the 17th; a Chapter II Bis titled "RISK-BASED APPROACH" with provisions 22-1 to 22-5; fraction I Bis to the 24th; a fourth paragraph, shifting the subsequent ones in order to the 29th; a second paragraph, shifting the subsequent one in order, to the 46th; fractions I Bis and X to the 47th; a second and third paragraphs, shifting the others in order to the 51st; the 51st Bis; fractions I to III to the first paragraph of the 52nd; a second paragraph to fraction I of the 53rd; fraction IX Bis to the 55th; a third paragraph to the 65th; a second, third and fourth paragraphs, shifting the others in order from the 67th; the 72nd-1 and fractions I and II to the first paragraph of the 78th; are ADDED; and the last paragraph of fraction I of the 17th; the second paragraph of fraction I and the last paragraph of the 33rd, as well as the second paragraph of the 48th, all of them of the General Provisions referred to in Articles 71 and 72 of the Law for Regulating the Activities of Savings and Loan Cooperative Societies, are REPEALED, to read as follows:

2nd.- ...

I. to V. ...

VI. ...

Additionally, it will be understood that Control is exercised by that natural person who directly or indirectly, acquires 25% or more of the share composition or social capital, of a legal person;

VII. to XI. ...

XI. Bis. Risk Grade, to the classification of Clients carried out by the Society based on the evaluation of its Risk;

XII. to XIV. ...

XIV. Bis.

Mitigants, to the policies and procedures implemented by the Societies that contribute to administer and decrease the exposure to the Risks identified in the methodology referred to in Chapter II Bis of these Provisions;

XV. to XVI. ...

XVII. Concerning Internal Operation, to the Operation, activity, conduct or behavior of any of the directors, officials, agents, representatives and employees of the Society in question, regardless of the labor regime under which they provide their services, that, by its characteristics, could contravene, compromise or evade the application of what is provided by the Law or these Provisions, or that, for any other cause, results doubtful for the Societies by considering that it could favor or not alert on the updating of the provisions foreseen in Articles 139 Quater or 400 Bis of the Federal Penal Code;

XVIII. ...

XIX. Relevant Operation, to the Operation that is carried out with the bills and metallic coins of legal tender in the United Mexican States or in any other country, for an amount equal to or greater than the equivalent in national currency to seven thousand five hundred United States dollars.

...

XX. Politically Exposed Person, to that individual who performs or has performed prominent public functions in a foreign country or in national territory, considering among others, heads of state or government, political leaders, high-ranking governmental, judicial or military officials, high executives of state-owned companies or officials or important members of political parties and international organizations; understood as those entities established through official political agreements between states, which have the status of international treaties, whose existence is recognized by law in their respective member states and are not treated as resident institutional units of the countries in which they are located.

...

...

...

XXI. Beneficial Owner, to that natural person who, through another or through any act or mechanism, obtains the benefits derived from an account, contract or Operation and is, ultimately, the true owner of the resources, by having rights of use, enjoyment, benefit, dispersion or disposal over them.

The term Beneficial Owner also comprises that person or group of natural persons who exercise Control over a legal person, as well as, in their case, the persons who can instruct or determine, for their own economic benefit, the acts susceptible of being carried out through Trusts, mandates or commissions;

XXII. to XXV. ...

XXVI. Obligated Subjects, to the Societies, as well as to the persons, institutions, entities or societies subject to the obligations referred to in Article 115 of the Credit Institutions Law, 108 Bis of the Retirement Savings Systems Law, 91 of the Investment Funds Law, 212 and 226 Bis of the Securities Market Law, 492 of the Insurance and Surety Bonds Institutions Law, 129 of the Credit Unions Law, 124 of the Popular Savings and Credit Law, 60 of the Organic Law of the National Financial Development Institution for Agricultural, Rural, Forestry and Fisheries Development,

95 and 95 Bis of the General Law of Organizations and Auxiliary Credit Activities, excepting exchange centers, and

XXVII. ...

...

4th.- ...

I. ...

a) ...

b) ...

i. ...

For the purposes of what is provided by this sub-paragraph, the following documents issued by Mexican authorities will be considered as valid personal identification documents: the voter credential, the passport, the professional license, the national military service card, the consular registration certificate, the unique military identity card, the affiliation card to the National Institute of Older Adults, the credentials and cards issued by the Mexican Institute of Social Security, by the Institute for Social Security and Services for State Workers, by the Social Security Institute for the Mexican Armed Forces or by Popular Insurance, the driver's license, the credentials issued by federal, state and municipal authorities, the identity statements issued by municipal authorities and the other national identifications that, in their case, are approved by the Commission. Likewise, regarding natural persons of foreign nationality referred to in this fraction, in addition to those previously referred to in this paragraph, the passport or the documentation issued by the National Institute of Migration that accredits their migratory status will be considered as valid personal identification documents;

ii. ...

iii. Proof of address, which may be any receipt for payment of domestic services such as, among others, supply of electricity, telephony, natural gas, property tax or rights for water supply or bank statements, all of them with an age not greater than three months from their date of issuance, a valid lease contract on the date of presentation by the Client, residence statement issued by municipal authority, the proof of registration before the Federal Taxpayer Registry, as well as the others that, in their case, are approved by the Commission;

Notwithstanding the foregoing, when the address stated in the contract celebrated by the Client with the Society coincides with that of the Client's voter credential issued by a Mexican authority, in case it has been identified with the same, this will function as the proof of address referred to in the previous paragraph;

iv. and v. ...

II. ...

a) and b) ...

c) Additionally, information must be collected from the Client that allows the Society to know (i) its shareholding or partnership structure, as applicable, and (ii) in case it has a Risk Grade other than low, its internal corporate structure; that is, the Client's organizational chart, considering at least, the full name and position of those individuals who occupy positions between general manager and the immediate hierarchy below that, as well as the full name and corresponding position of the members of its board of directors equivalent.

Likewise, the Societies must identify the Beneficial Owners of their legal person Clients who exercise Control over them in terms of the second paragraph of fraction VI of the 2nd of these Provisions, in accordance with what is established in fraction VI of this Provision.

When there is no natural person who owns or controls, directly or indirectly, a percentage equal to or greater than 25% of the capital or voting rights of the legal person in question, or who by other means exercises Control, direct or indirect, over the legal person, it will be understood that the administrator or administrators thereof exercise said Control, understanding that the natural person designated for such effect exercises administration.

When the designated administrator is a legal person or Trust, it will be understood that Control is exercised by the natural person appointed by the administrator of the legal person or Trust.

For such purposes, the Societies must collect a declaration signed by the legal representative of the legal person Client in question, in which it indicates who their Beneficial Owners are in terms of this sub-paragraph.

In case the Societies had indications that make questionable the veracity of the declared information, the Societies must take reasonable measures to determine and identify the Beneficial Owners of the corresponding legal person Client.

III. ...

a) ...

b) ...

i. to viii. ...

...

i. Document that credibly proves its legal existence, document in which the assignment of the tax identification number and/or equivalent, issued by competent authority, is stated, as well as obtaining the information and collecting the data referred to in sub-paragraph c) of fraction II of this provision;

ii. and iii. ...

IV. ...

...

...

The Societies may apply the simplified measures referred to in this fraction, provided that the aforementioned societies, dependencies and entities have been classified as Clients with a low Risk Grade in terms of the 26th of these Provisions;

V. ...

VI. Regarding Beneficial Owners and that the Societies are obliged to identify them in accordance with these Provisions, they must record and collect in the respective Client identification file the same data and documents as those established in fractions I or III of this Provision, as applicable, with the exception of the document referred to in numeral iii of sub-paragraph b), of fraction I, as well as numeral ii, second paragraph of sub-paragraph b), of fraction III of the 4th of these Provisions, respectively, in case the obligation to identify the Beneficial Owner derives from a Client that is classified with a low Risk Grade. The foregoing, in accordance with the measures that for such purposes are established in the document referred to in the 67th of these Provisions, or in some other document or manual elaborated by the Societies themselves.

In case of legal persons whose representative titles of their social capital or securities that represent said shares trade on any stock exchange in the country or in foreign securities markets recognized as such in terms of the General Provisions applicable to stock exchanges published in the Official Journal of the Federation on May 30, 2014 and their respective modifications, as well as those subsidiaries of these in which they have a majority participation of fifty percent in their social capital, the Societies will not be obliged to collect the aforementioned identification data, considering that they are subject to provisions in matters of stock exchange on information disclosure.

The Ministry will issue the guidelines that the Societies may consider for compliance with what is provided in the first paragraph of this fraction, which will be made known through the electronic means established for such effect by the Commission;

VII. and VIII. ...

IX. ...

a) ...

i. to vi. ...

vii. Regarding the settlors, beneficiaries, delegated fiduciaries and, in their case, the members of the technical committee or equivalent governing body, legal representatives and legal agents, identification data must be collected in the terms referred to in this Provision, as applicable. Without prejudice to the foregoing, the Societies may comply with the obligation to collect data relative to the members of the Technical Committee or equivalent governing body, indicating only the first and last names, without abbreviations, of these, as well as their date of birth.

b) ...

...

...

...

The Societies may comply with the obligation (a) to collect the document referred to in numeral (i) of sub-paragraph b) of this fraction, and (b) to what is referred to in fraction VI of this provision, respectively, through a statement signed by the delegated fiduciary and the Compliance Officer of the institution or society acting as fiduciary, which must contain the information indicated in the previous sub-paragraph a), as well as the obligation to keep such documentation available to the Ministry and the Commission, in order to send it to them, upon request of the latter, within the deadline established by the Commission itself.

...

Additionally to what is provided in the previous paragraph, the Societies must contractually agree with the agents, mechanisms so that the Societies themselves can verify that the files are integrated in accordance with what is stated in these Provisions. In any case, the Societies will be responsible for the compliance with the obligations, in matters of Client identification, established by these Provisions, to which effect, they must establish in the document referred to in the 67th of the aforementioned Provisions, the mechanisms that they will adopt to comply with what is stated in the previous paragraph.

...

...

...

...

...

17th.- ...

I. ...

a) The full denomination or corporate name of the Client or User who has ordered the transfer of

that it be, or their paternal surname, maternal surname, and first name(s), without abbreviations, or number or reference of the Trust, as applicable;

b)

The address of said Client or User, which shall only be included when the systems by means of which data transmission is carried out allow including that information in a specific field for that purpose;

c) to d) ...

Paragraph repealed.

II. In the case of Users, in the event that the Societies act as originators of fund transfers, either within national territory or to abroad, or when said Users are recipients of transfers originating directly from an entity located in national territory or abroad, or through a money transmitter, referred to in Article 95 Bis of the General Law of Organizations and Auxiliary Credit Activities, said Societies shall collect their paternal surname, maternal surname, and first name(s) without abbreviations, the full trade name or corporate name, or number or reference of the Trust. Likewise, the receiving Society shall collect the reference number assigned by the originating Society to the transfer to identify it individually and the account number or reference number of the Society, money transmitter, or Obligated Subject from which the funds of the transfer originate.

Likewise, said Societies shall be subject to the following:

a) When the sending or receipt of funds is for an amount equal to or greater than the equivalent in national currency to one thousand United States dollars and less than three thousand United States dollars, the Societies shall collect and preserve from the originating or recipient User of the funds, the following data at the time of carrying out said Operation, which shall be obtained, where applicable, from an official identification referred to in the 4th of these Provisions:

i) In the event that the User is an individual:

1. Paternal surname, maternal surname, and first name(s) without abbreviations;

2. Country of birth;

3. Date of birth;

4. Nationality;

5. Number of their official identification, which may only be one of those indicated in fraction I, subsection b), numeral i, of the 4th of these Provisions.

ii) In the event that the User is a legal entity:

1. Trade name or corporate name;

2. Federal Taxpayer Registry Key (with homoclave) and, if applicable, tax identification number and/or equivalent, the country or countries that assigned them, as well as the serial number of the Advanced Electronic Signature;

3. Address (composed of the data referred to in subsection a) above);

4. Nationality, and

5. The data of the person who attends the Society on their behalf, under the same terms as those indicated in subsection a) above.

b) When the sending or receipt of funds is for an amount equal to or greater than the equivalent in national currency to three thousand United States dollars and less than five thousand United States dollars, the Society, in addition to collecting and preserving, at the time of carrying out said Operation, the data referred to in subsection a) above, shall collect a copy of the official identification of the User in question.

c) When the sending or receipt of funds is for an amount equal to or greater than the equivalent in national currency to five thousand United States dollars, the Society shall, at the time of carrying out said Operation, collect and preserve from said User, the data and documents referred to in fractions I, II, III, IV, VI, or IX of the 4th of these Provisions, as applicable.

III. In the event that the Society acts as the recipient of the fund transfer, it shall collect the paternal surname, maternal surname, and first name(s) without abbreviations, the trade name, or full corporate name or number or reference of the Trust, as applicable, from the individual, legal entity, or Trust that ordered said transfer, as well as the same data of the beneficiary of said transfer;

For the purposes of this Provision, the Societies, whether acting as originators or as recipients of fund transfers, shall load into the systems referred to in the 55th of these Provisions, the information and data indicated, on each of said Operations, and incorporate it into the alert system referred to in the 26th of these Provisions.

The Societies shall keep the respective information available to the Secretariat and the Commission, in order to transmit it, upon request of the latter, within the timeframe established by said Commission.

18th.- When a User carries out any individual foreign exchange purchase or sale in cash in national currency or in the foreign currency in question for an amount equal to or greater than five hundred United States dollars, or its equivalent in national currency or in the foreign currency in question, the Societies, at the time of carrying out said Operation, shall collect and preserve in the systems referred to in the 55th of these Provisions, the corresponding data, which shall be obtained, where applicable, from an official identification referred to in the 4th of these Provisions, in accordance with the following:

I. In the event that it is an individual:

a) to f) ...

II. In the event that it is a legal entity:

a) to e) ...

III. In the event that it is a Trust, the data indicated in the 5th of these Provisions shall be collected, as well as the data of the person who attends the Society on its behalf, under the same terms as those indicated in the previous fraction I.

Likewise, in the event that the Operation referred to in this fraction is for an amount equal to or greater than three thousand United States dollars and less than five thousand United States dollars, or its equivalent in national currency or in the foreign currency in question, the Society, in addition to collecting and preserving the aforementioned data, shall integrate a copy of the official identification of the aforementioned persons.

In the event that the Operation referred to in this fraction is for an amount equal to or greater than five thousand United States dollars, or its equivalent in national currency or in the foreign currency in question, the Society shall collect and preserve in the aforementioned systems, the data and documents referred to in fractions I, II, III, IV, or IX of the 4th of these Provisions, as applicable.

...

19th.- ...

...

...

...

...

...

The Societies shall establish internal approval escalation mechanisms, regarding foreign exchange purchases or sales that individuals carry out individually in branches in their capacity as Clients or Users, with any type of foreign currency, for amounts greater than the equivalent to seven thousand five hundred United States dollars or in national currency, for amounts greater than three hundred thousand pesos, as well as those carried out by their Clients or Users who are individuals with business activity or legal entities or through Trusts, with said foreign currencies, for amounts greater than the equivalent to fifty thousand United States dollars or in national currency, for amounts greater than five hundred thousand pesos.

...

22nd.- The Societies will verify that the identification files of their legal entity Clients, regardless of their Risk Level, contain all the data and documents provided for in the 4th of these Provisions, as well as that said data and documents are up to date, understanding that the Societies may opt not to carry out the update of the latter, in the case of a legal entity Client with a Low Risk Grade. The foregoing, under the terms and conditions that the Societies establish in the document referred to in the 67th of the Provisions. Likewise, they will verify, at least once a year, that the identification files of their Clients classified as High Risk Grade, are up to date with all the data and documents provided for in the 4th, 29th, and 33rd of these Provisions.

...

The Societies shall establish in the document referred to in the 67th of these Provisions, the policies, criteria, measures, and procedures that they shall adopt to comply with what is stated in this Provision, including the circumstances in which a visit to the domicile of Clients classified as High Risk Grade must be carried out, in order to properly integrate the files and/or update the corresponding data and documents, in which case the results of such visit must be recorded in the respective file.

CHAPTER II BIS

RISK-BASED APPROACH

22nd-1.- The Societies, under the terms provided for this purpose in their internal policies, criteria, measures, and procedures documents referred to in the 67th of these Provisions, or in any other document or manual prepared by them, shall establish a methodology, designed and implemented, to carry out a Risk evaluation of those to which they are exposed derived from their products, services, practices, or technologies with which they operate. Said methodology shall establish the processes for the identification, measurement, and mitigation of Risks for which they shall take into account, the Risk factors identified for this purpose, as well as the national risk assessment and its updates that the Secretariat makes known to them through the Commission.

Likewise, the Societies shall carry out the processes referred to in the first paragraph of this provision, prior to the launch or use of new products, services, practices, or technologies.

22nd-2.- The Societies for the design of the Risk evaluation methodology shall comply with the following:

I. Consider in their identification process the indicators that explain how and to what extent the Society may be exposed to Risk, considering at least the following elements: Clients, Users, countries and geographic areas, products, services, transactions, and sending channels linked to the Society's Operations, with its Clients and with its Users, as well as the national risk assessment and its updates that the Secretariat makes known to them through the Commission.

II. Use a method for the measurement of Risks that establishes a relationship between the indicators referred to in the previous fraction I and assign a weight to each of them consistently based on their importance to describe said Risks.

III. Establish the Mitigants that they consider necessary based on the indicators indicated in the previous fraction I, identified by each Society to maintain them at an acceptable tolerance level in conformity with their internal policies, criteria, measures, and procedures documents referred to in the 67th of these Provisions.

In the elaboration of the Risk evaluation methodology, the Societies shall ensure that there are no inconsistencies between the information they incorporate into it and that which is in their automated systems.

22nd-3.- When, derived from the implementation of the Risk evaluation methodology, the existence of greater or new Risks for the Societies themselves is detected, they shall modify the policies and measures corresponding to mitigate them, as well as their Risk evaluation methodology.

The compliance and results of the obligations contained in this Chapter shall be reviewed and updated by the Societies every twelve months, be in writing and be available to the Secretariat and to the Commission, upon request of the latter, within the timeframe established by said Commission.

The Commission may review and, if applicable, order the Societies to modify their Risk evaluation methodology or their Mitigants, among other circumstances, when they do not consider a proper Risk administration in the procedure and criterion(s) for the determination of the opening, limitation, and/or termination of a commercial relationship with Clients or Users, which must be congruent with said methodology, as well as request an action plan for them to adopt reinforced measures to manage and mitigate their Risks.

The Societies shall preserve the information generated by virtue of this Chapter for a period of no less than five years and provide it to the Secretariat and to the Commission, upon request of the latter, within the timeframe established by said Commission.

22nd-4.- The Societies shall comply with all the obligations contained in these Provisions, in concordance with the results generated by their methodologies referred to in this Chapter.

22nd-5.- The Commission will elaborate guidelines, guides, and/or best practices that the Societies will consider for the better compliance with what is provided in this present Chapter, which will be made known through the electronic means established by the same.

24th.- ...

I. The policies, procedures, and controls to mitigate Risks, which must be in accordance with the results of the implementation of the methodology referred to in Chapter II Bis;

I. Bis. Procedures for the Society to follow up on Operations carried out by its Users and Clients, as well as on their capital contributions;

II. to V. ...

26th.- The application of the Customer Knowledge policy shall be based on the Risk Grade that a Client represents, such that, when the Risk Grade is higher, the Society shall collect more information about their predominant activity, as well as carry out stricter supervision of their transactional behavior.

...

...

Likewise, the Societies shall classify their Clients by their Risk Grade and establish, as a minimum, (i) two classifications regarding their individual Clients: High and Low Risk Grades, and (ii) three classifications regarding their legal entity Clients and Trusts: High, Medium, and Low Risk Grades. The Societies may establish additional intermediate Risk Grades to the classifications mentioned above.

With the purpose of determining the Risk Grade in which Clients should be located at the start of the commercial relationship, the Societies shall consider the information provided to them by these at the time of account opening or celebration of the respective contract. Additionally, the Societies shall carry out, at least, two evaluations per calendar year, in order to determine if it is necessary or not to modify the initial transactional profile of their Clients, as well as to classify them in a Risk Grade different from the initially considered. The evaluations will be carried out on those Clients whose account opening or contract celebration was carried out at least six months in advance of the corresponding evaluation.

The Societies, under the terms provided for this purpose in their internal policies, criteria, measures, and procedures documents referred to in the 67th of these Provisions, will apply to their Clients who have been cataloged as High Risk Grade, as well as to new Clients who meet such character, identification questionnaires that allow obtaining more information about the origin and destination of resources and the activities and Operations they carry out or intend to carry out.

To determine the Risk Grade in which Clients should be located, as well as whether they should be considered Politically Exposed Persons, each of the Societies will establish in the documents indicated in the previous paragraph the criteria conducive to that end, which take into account, among other aspects, the Client's background, their profession, activity, or business line, the origin and destination of their resources, their place of residence, the methodology referred to in Chapter II Bis of these Provisions, and the other circumstances determined by the Society itself.

27th.- For cases where, prior to or after the start of the commercial relationship, a Society detects that the person who intends to be a Client or who already is, as applicable, meets the requirements to be considered a Politically Exposed Person and, additionally, of High Risk Grade, said Society shall, in accordance with what is established for this purpose in its internal policies, criteria, measures, and procedures document referred to in the 67th of the same, obtain the approval of one of the persons referred to in the 28th of the same, in order to carry out the Operation in question.

29th.- The Societies shall classify their Clients based on their Risk Grade.

Foreign Politically Exposed Persons shall be considered as High Risk Grade Clients. Regarding the latter, the Societies shall collect the information that allows them to know and record the reasons why they have chosen to open an account in national territory.

In the Operations carried out by Clients who have been classified as High Risk Grade, the Societies shall adopt measures to know the origin of the resources and shall seek to obtain the data indicated in Chapter II of these Provisions, under the terms provided for this purpose in their internal policies, criteria, measures, and procedures documents referred to in the 67th of these Provisions, or in any other document or manual prepared by them, regarding the spouse and economic dependents of the Client, as well as the societies and associations with which they maintain patrimonial links in the case of individuals and, regarding legal entities, their main shareholders or partners, as applicable, while in the case of Trusts, they shall seek to collect the same data regarding the spouse and economic dependents of the settlors and beneficiaries who are individuals, as well as the societies and associations with which they maintain patrimonial links and, regarding settlors and beneficiaries who are legal entities, their corporate structure and their main shareholders or partners, under the terms provided for this purpose in their internal policies, criteria, measures, and procedures documents referred to in the 67th of these Provisions, or in any other document or manual prepared by them. Regarding foreign Politically Exposed Persons, the Societies shall obtain, in addition to the reference data, the documentation indicated in Chapter II of these Provisions, regarding the aforementioned individuals and legal entities in this paragraph.

Without prejudice to the foregoing, regarding legal entity Clients whose share certificates representing their social capital or securities representing said shares trade on any stock exchange in the country or in foreign stock markets recognized as such in terms of the general provisions applicable to stock exchanges published in the Official Journal of the Federation on May 30, 2014, and their respective modifications, as well as those subsidiaries in which they have a majority participation of fifty percent in their social capital, the Societies shall not be obligated to collect the aforementioned identification data, considering that they are subject to provisions in matters of stock exchange on information disclosure.

...

30th.- Without prejudice to what other applicable provisions establish, for the provision of correspondent services to foreign counterparties related to their object, the Societies shall consider the Risks and approve, at the directorate level, the relationship that allows initiating said provision, and for this purpose, they will document the measures and procedures that their counterparties observe in matters of prevention of operations with proceeds of illicit activities and financing of terrorism, in accordance with the regulations applicable to them in their corresponding jurisdiction.

...

33rd.- ...

I. In the case of commercial legal entity Clients that are classified as High Risk Grade, information relative to the trade name, nationality, address, corporate object, and social capital of the legal entities that make up the business group or, in its case, the business groups that integrate the consortium of which the Client is part, shall be required.

Paragraph Repealed.

...

II. Regarding legal entities with the character of societies or civil associations that are classified as High Risk Grade, identify the person or persons who have Control over such societies or associations, and

III. ...

Paragraph Repealed.

38th.- ...

...

...

...

Regarding any Operation referred to in this Provision, carried out for an amount equal to or greater than seven thousand five hundred United States dollars, the Society in question shall not be obligated to present the report indicated in the 37th of these Provisions.

41st.- For each Unusual Operation detected by a Society, it shall remit to the Secretariat, through the Commission, the corresponding report, within three business days following from the conclusion of the Committee session that rules it as such. For the purposes of carrying out said ruling, the Society through its Committee, will have a period that shall not exceed sixty calendar days counted from when the alert is generated through its system, model, process, or by the Society's employee, whichever occurs first.

...

42nd.- ...

I. to III. ...

IV. The Operations carried out in the same account, as well as those foreign exchange purchases or sales carried out by the same Client, for multiple or fractional amounts that, for each individual Operation, are equal to or exceed the equivalent to five hundred United States dollars, carried out in the same calendar month that sum, at least, the amount of seven thousand five hundred United States dollars or its equivalent in the currency in question, provided that they do not correspond to the Client's transactional profile or that, regarding those carried out by Clients, it can be inferred from their structuring a possible intention to fractionate the Operations to avoid being detected by the Societies for the purposes of these Provisions;

V. to XIV. ...

...

...

...

45th.- In the event that a Society has information based on indications or concrete facts that, in attempting to carry out an Operation, the resources could originate from illicit activities or could be

destined to favor, provide help, assistance or cooperation of any kind for the commission of the crime

provided for in Article 139 Quater of the Federal Penal Code, or that could fall under the circumstances of

Article 400 Bis of the same legal code, that same Society, in the event that it decides to accept

said Operation, must send to the Secretariat, through the Commission, within 24 hours counted

from the moment it becomes aware of such information, a Report of Unusual Operation, in which, in the column of

Description of the Operation, the legend " 24-hour Report " must be inserted. Likewise, in those

cases where the respective Client or User does not carry out the Operation referred to in this paragraph, the

Society must present to the Secretariat, through the Commission, the Report of Unusual Operation in

the terms indicated in this provision and, with respect to said Users, it will provide, if applicable,

all the information it has known about them.

...

...

...

46th.- For each Internal Concerning Operation detected by a Society, this must send to the

Secretariat, through the Commission, the corresponding report, within three business days following

counted from the conclusion of the Committee session that rules it as such. For purposes of carrying out

the aforementioned ruling, the Society through its Committee, will have a period that will not exceed

sixty calendar days counted from the moment said Society detects said Operation, through its

system, model, process or any employee thereof, whichever occurs first.

To this effect, the Societies must send the reports referred to in this provision, through electronic

means and in the official format issued for such effect by the Secretariat, in accordance with the terms and

specifications indicated by the latter.

...

47th.- ...

I. ...

...

I. Bis. Submit to the approval of the Board of Directors of the Society, the methodology developed and

implemented to carry out the Risk Evaluation referred to in the previous Chapter II Bis,

as well as the results of its implementation;

II. Act as the competent instance to know the results obtained by the internal audit area

of the Society or, if applicable, by the independent external auditor referred to in the 64th of the

present Provisions, regarding the valuation of the effectiveness of the policies, criteria, measures and

procedures contained in the documents indicated in the previous fraction I, in order to adopt the

necessary actions aimed at correcting flaws, deficiencies or omissions.

...

III. ...

IV. Establish and disseminate the criteria for the classification of Clients, based on their Degree of

Risk, in accordance with what is indicated in the 26th of these Provisions;

V. to VII. ...

VIII. Inform the competent area of the Society, regarding conduct carried out by executives,

officials, employees or agents of the same, that cause it to incur in violation of what is

provided for in these Provisions, or in cases where said executives, officials, employees or

agents contravene what is provided for in the policies, criteria, measures and procedures indicated in the

fraction I of this Provision, in order that the corresponding disciplinary measures are imposed;

IX. Resolve the other matters that are submitted to its consideration, related to the application of the

present Provisions, and

X. Ensure that the Society, for the compliance with these Provisions, has the

internal structures referred to in this Chapter, in terms of organization, number of people, resources

material and technological, in accordance with the results of the implementation of the methodology referred to

in the previous Chapter II Bis.

...

48th.- Each Society will determine the way in which its Committee will operate, which, except for what is indicated

in the last paragraph of this Provision, will be integrated with at least three members who, in any case,

must hold the positions of the areas designated for such effect by the Board of Directors of said

Society and, in any case, members of that Board, the General Director, employees or

officials who hold positions within the three immediate lower hierarchies to that of the General Director of

the Society in question must participate.

Paragraph repealed.

...

The permanent members of the Committee must attend the sessions of the same and may designate their

respective substitutes, who may only represent them in two non-consecutive sessions per semester.

The Committee will have a president and a secretary, who will be designated among its members. Said

Committee will meet with a frequency of at least once every month of the year. For the sessions to be

held validly, it will be required that the majority of the members of the own

Committee be present.

Societies with Level I operation will not be obliged to constitute and maintain the Committee

referred to in this Provision. In the case provided for in this paragraph, the functions and obligations that

should correspond to the Committee in accordance with what is indicated in these Provisions, will be exercised by the

Compliance Officer.

50th.- ...

Likewise, each Society must communicate to the Secretariat, through the Commission, through the

means referred to in the preceding paragraph, the appointment, addition or substitution of the members of the Committee,

within fifteen business days following the date on which it has been carried out. For these purposes, the

following information must be provided:

I. The name of the areas whose holders have been designated in addition or substitution to those

that are part of the Committee, as well as the first and last names without abbreviations of said holders and first and last names without abbreviations and position of their substitutes;

II. The date of the corresponding modification, and

III. ...

51st.- The Board of Directors or the Committee of each Society will designate, from among the members of

said Committee, an official who will be called " Compliance Officer".

In the event that the Society does not have a Committee by being in the case referred to in the

last paragraph of the 48th of the Provisions, the Compliance Officer will be designated by its Board of

Directors, who must meet the requirements to be a member of the Committee, in terms of the

referenced provision.

In any case, the Compliance Officer must be an official who holds a position within the

three immediate lower hierarchies to that of the General Director of the Society in question and who

will perform, at least, the functions and obligations established below:

I.

Draft and submit to the consideration of the Committee the document referred to in the 67th of the present

Provisions, which contains the policies for identification and knowledge of the Client and the User, and the

criteria, measures and procedures that must be adopted to comply with what is provided in these

Provisions;

I. Bis. Present to the Committee the methodology developed and implemented to carry out the evaluation of

Risks referred to in the previous Chapter II Bis, as well as the results of its implementation;

II.

Verify the correct execution of the measures adopted by the Committee, in exercise of the powers

provided for in the 47th of the present Provisions;

III.

Inform the Committee regarding conduct, activities or behaviors carried out by executives, officials, employees or agents of the Society, that cause it to incur in violation of what is

provided for in the Law or these Provisions, as well as in cases where said executives,

officials, employees or agents contravene what is provided for in the document indicated in fraction I of

this Provision, in order that the corresponding disciplinary measures are imposed

IV.

Make known to the Committee the celebration of contracts or opening of accounts in the Society

in question, whose characteristics could generate a high Risk for the Society itself;

V.

Coordinate both the follow-up activities of Operations, as well as the investigations that must be

carried out at the institutional level, in order for the Committee to have the necessary elements

to rule on them, if applicable, as Unusual Operations or Internal Concerning Operations.

For the purposes indicated in the previous paragraph, the area in charge of the Compliance Officer of each

Society or, if applicable, the personnel he designates, will verify that the alerts have been analyzed

corresponding and the respective investigations documented;

VI.

Send to the Secretariat, through the Commission, the reports of Operations referred to in the 45th

of the present Provisions, as well as those it considers urgent, and inform the Committee, in its

next session;

VII.

Act as an instance of consultation within the Society regarding the application of the present

Provisions, as well as of the document referred to in the 67th of the same;

VIII.

Define the characteristics, content and scope of the training programs for the personnel of the

Society, referred to in the 53rd of these Provisions;

IX.

Receive and verify that the Society gives response, in terms of the applicable legal provisions,

to requests for information and documentation, as well as to orders for securing or

unlocking accounts that, through the Commission, are formulated by the competent authorities in matters

of prevention, investigation, prosecution and sanction of conduct that could update the circumstances

provided for in Articles 139 Quater or 400 Bis of the Federal Penal Code, likewise, verify that the Society

has appropriate procedures to ensure that it complies with what is provided in the 75th

of the present Provisions;

X.

Act as a link between the Committee, the Secretariat and the Commission, for matters regarding the

application of these Provisions, and

XI.

Ensure that the area under its charge receives directly and follows up on notices issued by the

employees and officials of the Society, on facts and acts that may be susceptible to being considered

as Unusual Operations or Internal Concerning Operations.

Likewise, the appointment of the Compliance Officer must fall on an official who is

independent of the units of the Society in charge of promoting or managing the products or financial services that it offers to its Clients or Users, unless the criterion established in the

last paragraph of the 48th of the present Provisions is met. In no case, the appointment of the Compliance Officer of a Society may fall on a person who has internal audit functions in the

Society.

...

51st Bis.- The Committee of each Society or, its Board of Directors or General Director, will appoint a

Society official who will temporarily substitute its Compliance Officer in the

fulfillment of its obligations in accordance with these Provisions, for up to ninety calendar days

during a calendar year, counted from the moment the official designated as Compliance Officer

leaves, is revoked or is unable to perform the assignment in question.

The Society official who performs the aforementioned interim position, must not have functions of

internal audit in the same.

Societies may make effective the interim period referred to in this Provision,

in accordance with the needs of each Society.

The Compliance Officer who is designated as interim, must comply with the functions and

obligations indicated in these Provisions, until the moment when the revocation is informed

indicated in fraction II of the 52nd of these Provisions.

52nd.- The Society must inform the Secretariat, through the Commission, through the means

electronic and in the official format issued for such effect by said Secretariat, in accordance with the terms and

specifications that the latter indicates, the following:

I. The first and last names without abbreviations of the official who has designated as Compliance

Officer, as well as the rest of the information provided for in the indicated format, within two days

business following the date on which the corresponding appointment has been made;

II. The revocation of the appointment of the Compliance Officer, on the next business day following the date on which the

same has occurred, whether by determination of the Society, rejection of the assignment, by termination of employment or impossibility, as well as the rest of the information provided for in the indicated format, and

III. The first and last names without abbreviations of the official who has designated as Compliance

Officer in terms of what is established in the 51st Bis of the present Provisions, as well as the rest of the

information provided for in the indicated format, on the next business day following the date on which the same has occurred.

53rd.- ...

I. The provision of courses, at least once a year, which must be directed especially to the

members of their respective Boards of Directors, executives, officials and employees, including

those who work in customer service or resource administration areas, and which contemplate, among other aspects, those related to the content of their documents

policies, criteria, measures and

procedures to which the 67th of these Provisions refers, which the Society has developed

for the due compliance with them, as well as on the activities, products and services offered by the

Society.

Without prejudice to what is indicated in the previous paragraph, the topics of the training must be coherent with

the results of the implementation of the methodology referred to in Chapter II Bis and adapt to the

responsibilities of the members of their respective Boards of Directors, executives, officials and

employees.

II. ...

...

55th.- ...

I. to III. ...

IV. Detect and monitor the Operations carried out in the same account or by the same Client or

User of those indicated in the 17th, 18th, 19th, 20th and 21st of these Provisions, as well as those

provided for in fraction IV of the 42nd of these Provisions;

V. to VIII.

...

IX. Maintain information security schemes, which guarantee integrity,

availability, auditability and confidentiality of the same;

IX. Bis. Provide the information that the Societies will include in the methodology they must develop

in accordance with what is established in the 22nd-1 of these Provisions, and

X. ...

64th.- Societies must maintain control measures that include review by the internal audit area,

or by an independent external auditor, to evaluate and rule from January to December

of each year, or with respect to the period resulting from the date on which the Commission authorizes the start of

operations of the Society in question to December of the respective year, the effectiveness of compliance with the

present Provisions, in accordance with the guidelines issued for such effects by the Commission. The

results of said reviews must be presented to the General Management and the Committee of the Society, as a report, in order to evaluate the operational effectiveness of the implemented measures and follow up on

corrective action programs that may apply in each case. In the valuation exercise mentioned

above, no member of the Committee of the Society may participate.

The information referred to in this provision, must be preserved by the Society during a

period not less than five years, and sent to the Commission within sixty calendar days following the

closure of the exercise to which the review corresponds, in the electronic media indicated by the latter.

65th.- ...

...

In the event that the Society hires foreign commissionaires, in addition to what is established in the

previous paragraph, it must take into account the available information on the level of Risk of the country where said commissionaire operates.

67th.- Each Society must draft and send to the Commission, through the electronic means that this

indicates, a document in which said Society develops its respective policies of identification and

knowledge of the Client and the User, as well as the criteria, measures and internal procedures that it must

adopt to comply with what is provided in these Provisions, and to manage the Risks to

which it is exposed in accordance with the results of the implementation of the methodology referred to in the

Chapter II Bis of these Provisions.

If applicable, in said document the references of those criteria, measures,

internal procedures and other information that, by virtue of what is provided in these Provisions, may

be reflected in a document different from the aforementioned must also be included.

In any of the documents provided for in the previous paragraph, the methodology referred to

in Chapter II Bis of these Provisions must be included. Likewise, the procedure and

criteria(s) for the determination of the opening, limitation and/or termination of a commercial relationship with

Clients or Users, which must be congruent with said methodology, must be included.

Societies must send to the Commission the modifications they make to the document referred to in the

first paragraph of this Provision together with a complete copy of the same, within twenty days

business following the date on which their respective audit committee approves them, in the terms provided

in fraction I of the 47th of these Provisions.

...

...

...

...

...

...

...

...

72nd.- The Secretariat may interpret, for administrative purposes, the content of the present

Provisions, as well as determine the scope of their application, whenever so requested by the Societies,

associations or societies in which they are affiliated, and national authorities that for the

fulfillment of their functions so require, for which it will hear the opinion of the Commission.

72nd-1.- In order to be able to comply with what is established in these Provisions, the

Societies will request from the Commission, the key that will be used to access the electronic system that for

such effects the Commission establishes, having to have it at the moment of starting operations.

78th.- The Secretariat may authorize, without prejudice to what is established in this chapter, access to

certain resources, rights or assets, as well as acts, Operations or services, in accordance with the following:

I. To Clients or Users who are located within the List of Blocked Persons, in terms of the

international treaties celebrated by the Mexican State, in terms of resolution 1452 (2002) of the

Security Council of the United Nations Organization, and

II. To the Societies, with respect to the obligations they have with some Client or User contracted with some

Society, among others, in accordance with the guidelines, guidelines or best practices that the

Secretariat makes known for such effects.

TRANSITIONAL PROVISIONS

First.- This Resolution will enter into force the day after its publication in the Official Journal

of the Federation.

Second.- The guidelines, interpretations and criteria issued by the Secretariat or by the Commission, with

basis in what is provided in the General Provisions referred to in Articles 71 and 72 of the

Law for Regulating the Activities of Savings and Loan Cooperative Societies, published in the

Official Journal of the Federation on December 31, 2014, will continue to be applicable in what does not

conflict with what is established in this Resolution.

Third.- The Societies to which authorization is granted to constitute and operate as such on a date

subsequent to the entry into force of this Resolution, must comply with the obligations

contained in these Provisions, in the terms and in accordance with the deadlines indicated below:

I. Ninety calendar days counted from the date of authorization, to present to the Commission, the

document referred to in the 67th of these Provisions.

II. Sixty business days counted from the date of start of their operations, to carry out the

appointments referred to in the 48th and the 51st of these Provisions, informing the Commission,

within the mentioned deadline.

Fourth.- The Societies that are in operation at the time of entry into force of the

present Resolution, will have a period that will not exceed forty-five calendar days

counted from the entry into force of this Resolution, in order to draft a work schedule in

which they must establish activities, deadlines and responsibilities, so that at the latest within three hundred

sixty calendar days following the entry into force of this Resolution,

(i) have updated the

automated systems referred to in the 55th of these Provisions, (ii) begin to collect the

corresponding information in accordance with the obligations established in this Resolution, as well as

introduce it into the same automated systems referred to above, as appropriate, with respect to

those accounts that are opened or Operations that are celebrated from the moment this deadline expires; (iii)

present to the Commission the document referred to in the 67th of these Provisions with the modifications

respective, and (iv) comply with the other obligations established in the Resolution in question.

Fifth.- The obligation referred to in the 22nd of these Provisions, will apply with respect to all

Clients corporate persons of the Societies regardless of whether the commercial relationship with the

same, had started prior to the entry into force of this Resolution.

Sixth.- The Societies will comply with the modifications provided for in the 4th of the present

Provisions, insofar as including in the Client identification file the proof of

domicile, with respect to those Operations that are celebrated from July 1, 2017.

Seventh.- The Secretariat, prior to the opinion of the Financial Intelligence Unit, will make known to the

Societies through the electronic media established by the Commission,

the guidelines referred to in the

fraction VI of the 4th of the Provisions, within ninety calendar days following the entry into force

of this Resolution.

Eighth.- The Secretariat will make known to the Societies the guidelines, guidelines or best practices referred to in

refers to fraction II of Article 78 of the Provisions, within the two hundred and forty natural days following the entry into force of this Resolution.

Ninth.- The Commission shall make known to the Societies, through the electronic means it establishes, the guidelines, guides and/or best practices referred to in Article 22-5 of the Provisions, within the ninety natural days following the entry into force of this Resolution.

The Societies shall comply with the obligations derived from the implementation of Chapter II Bis of the Provisions, added by this Resolution, no later than within the four hundred and fifty natural days counted from the entry into force of this Resolution.

Tenth.- The obligation to communicate to the Secretariat, through the Commission, the modifications to the internal structures referred to in Articles 50 and 52 of these Provisions, reformed by this Resolution, shall enter into force from the moment the Secretariat makes known the electronic means and the official format issued by said Secretariat for such effect.

Mexico City, March 13, 2017. - The Secretary of Finance and Public Credit, José Antonio Meade Kuribreña. - Rubric.

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