Resolution reforming, adding, and repealing various general provisions under Article 212 of the Securities Market Law

DOF: 22/07/2019

RESOLUTION reforming, adding, and repealing various general provisions under Article 212 of the Securities Market Law

A seal with the National Coat of Arms appears at the margin, stating: United Mexican States.- GOVERNMENT OF MEXICO.-

TREASURY.- Ministry of Finance and Public Credit.

RESOLUTION REFORMING, ADDING, AND REPEALING VARIOUS GENERAL PROVISIONS UNDER ARTICLE 212 OF THE SECURITIES MARKET LAW

CARLOS MANUEL URZÚA MACÍAS, Secretary of Finance and Public Credit, based on the provisions of Articles 31, fractions VIII and XXXIV, of the Organic Law of the Federal Public Administration; Article 212 of the Securities Market Law, 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 213-2/78943/ 11/2019 dated May 30, 2019; and

CONSIDERING

That during the 2016-2017 period, Mexico was evaluated within the framework of the Fourth Round of Mutual Evaluation of the Financial Action Task Force (FATF), with the aim of examining its level of compliance with international standards in matters of money laundering prevention and terrorist financing;

That, as a result of the above, on January 3, 2018, the FATF published the "Mutual Evaluation Report" through which this intergovernmental entity made various recommendations to Mexico to strengthen its regime for the prevention of money laundering and terrorist financing;

That therefore, the Ministry of Finance and Public Credit has considered making various modifications to the general provisions that establish the minimum criteria and procedures in matters of money laundering and terrorist financing prevention for the stock market sector, with the objective of addressing the FATF recommendations and strengthening the regime in this matter;

That, in addition to the reform carried out on March 9, 2017, to the general provisions in matters of money laundering and terrorist financing prevention applicable to the stock market sector, to help improve compliance with FATF Recommendations 1 and 10, it is specified in the legal framework the prohibition for brokerage houses to carry out simplified identification measures for their clients or users when they suspect that the funds, assets, or securities that said clients or users intend to use to carry out an operation could be related to money laundering or terrorist financing;

That likewise, in accordance with FATF Recommendation 10, it is necessary to strengthen the legal framework regarding the identification and customer knowledge policy for the stock market sector, establishing the circumstances under which the identification process may be suspended, in order to prevent the commission of money laundering and terrorist financing crimes, among others; and, if applicable, to report the respective unusual operation report to the competent authority;

That, to better address FATF Recommendation 12, it is convenient to establish that brokerage houses determine whether the beneficial owners of their clients or users have the status of politically exposed persons, whether national or foreign, in accordance with applicable provisions, to be able to apply the appropriate customer due diligence measures;

That in accordance with FATF Recommendation 16, related to electronic fund transfers, in consideration of the modifications foreseen for the standardized message formats most used by financial entities in the international market for such operations, it is necessary to strengthen the client or user identification policy of brokerage houses, in order to know with greater precision the information of the ordering party and beneficiary of the transfer in question to detect, and if applicable, prevent, the commission of crimes involving proceeds of illicit origin and terrorist financing, for which it is necessary that brokerage houses identify, regardless of the amount of the operation, the clients or users, as well as the beneficiaries of these, particularly when issuing the respective transfer orders or, when receiving international transfer orders, the ordering parties of the respective international transfer orders, and as in other cases, maintain such information within the timeframes in which they are obligated and at the disposal of the competent authority, in addition to obliging said entities to establish criteria in their respective manuals that allow them to strengthen, with a risk-based approach, their regime for the prevention of money laundering and terrorist financing on this matter;

That, on the other hand, since brokerage houses can provide financial services through new technologies, which have been recognized by the Mexican Government with the issuance of the Law to Regulate Financial Technology Institutions and its secondary provisions, in accordance with FATF Recommendation 15 and what is stated in the Report of January 3, 2018, it is necessary that these evaluate the risk of providing financial services through said technologies, so it is convenient to establish such an obligation, prior to their implementation and development, as well as for their monitoring;

That, even though currently brokerage houses comply with the obligation of customer due diligence in a presencial and traditional manner, in the face of the existence of the digital era, new technologies, and electronic means, in the integration, conservation, maintenance, verification, etc., of data, information, and documents, it is necessary, as with other regulated participants in the matter, to recognize the legal possibility that brokerage houses can comply with their obligations in matters of money laundering and terrorist financing prevention through said electronic means, of course with the responsibility of complying with the applicable norms to the effect that they have the value that corresponds in law;

That, with the aim of prioritizing efforts and resources in the new obligations established in this resolution, it is estimated convenient to eliminate the obligation for brokerage houses to send the training report, without this implying that they should not have such training;

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

RESOLUTION REFORMING, ADDING, AND REPEALING VARIOUS GENERAL PROVISIONS UNDER ARTICLE 212 OF THE SECURITIES MARKET LAW

SINGLE ARTICLE.- The 2nd, fractions I to XXIII; 3rd, third paragraph; 4th, fractions I to X, third, antepenultimate, and last paragraphs; 6th, first paragraph; 8th, fractions I and II, subsection a); 9th; 11th; 12th, last paragraph; 13th; 15th, fraction I, last section; 19th; 19th-1; 19th-2; 19th-3; 19th-4; 19th-5, becoming 19-6; 20th, second paragraph; 23rd, second, seventh, and last paragraphs; 24th; 25th; 26th, third and last paragraphs; 27th, fraction II, subsection b); 29th, first and last paragraphs; 30th, first paragraph and fraction III; 33rd, second and fraction II of the fourth paragraph; 39th, second and last paragraphs; 42nd, first and third paragraphs; 44th, fractions I, I Bis, II, III, IX, X, and last paragraph; 45th, last paragraph; 48th, fractions I, I Bis, IV, VII of the third paragraph, and last paragraph; 50th, fraction I; 52nd, first paragraph and fractions II, V, IX Bis, and X; 58th, first paragraph; 60th, first and second paragraphs; 64th; 65th; 69th, second paragraph; 71st, second paragraph; Annex 1; are REFORMED; the 2nd, fractions XXIV to XXXVII; 4th Ter; 6th, second, third, and last paragraphs; 9th Bis; 9th Ter; 13th Bis; 14th, fractions IV and V, and second and third paragraphs, renumbered in order; 14th Bis; 19th, third paragraph; 19th-1, second paragraph, renumbering the rest in order; 19th-5 first and second paragraphs, renumbering the following in order 19th-6; 23rd, fourth and eighth paragraphs, renumbered in order; 22nd, second paragraph; 27th, penultimate and last paragraphs; 44th, fraction XI; 52nd, fractions V Bis and XI; 68th-1, second paragraph; a Chapter XV Bis titled "Novel Models"; Annex 2; are ADDED; and the 2nd, fractions VIII Bis, VIII Ter, IX Bis, XI Bis, XI Ter, renumbered in order; 50th, last paragraph; all of them of the General Provisions under Article 212 of the Securities Market Law, are REPEALED, to remain as follows:

2nd .- ...

I.

File or Registry , the set of data and documents that are conserved or stored in printed format or in electronic, optical, or any other technology media, provided that, in these latter media, it is ensured that the information has remained intact and unaltered from the moment it was generated for the first time in its definitive form and is accessible for subsequent consultation, with the aim of integrating, conserving, and evidencing the Operations of the Brokerage Houses;

II. Beneficiary , ...

III.

Brokerage Houses , ...

IV. Client , ...

Natural persons who prove to the Brokerage Houses that they are subject to the tax regime applicable to natural persons with business activity under the terms of sections I and II of Chapter II of Title IV of the Income Tax Law, shall be considered as legal entities for the purposes of these Provisions, except for what refers to the integration of their file, which must be carried out in terms of what is established in fraction I of the 4th and, when applicable, the 4th Ter of these Provisions, in which the Brokerage Houses must additionally require the Federal Taxpayer Registry key (with homoclave) and, if applicable, tax identification number and/or equivalent, of said natural persons, as well as the country or countries that assigned them;

V.

Commission , ...

VI.

Committee , ...

VII. Control , ...

VIII. Concentrating Account , ...

VIII Bis. Repealed.

VIII Ter. Repealed.

IX. Recipient , ...

IX Bis. Repealed.

X. Device , the equipment that allows access to the worldwide network called the Internet, which can be used to enter into contracts, as well as carry out Operations;

XI. Foreign Financial Entity , ...

XI Bis. Repealed.

XI Ter. Repealed.

XII. Trust , ...

XIII. Electronic Signature , the characteristics or data in electronic form recorded in a Data Message, or attached or logically associated with it by any technology, which are used to identify the subscriber or originator of the instruction of some Operation or financial service and indicate that the signer approves the information contained in the Data Message, and which produces the same legal effects as the handwritten signature;

XIV. Advanced Electronic Signature , the digital certificate with which natural and legal persons must comply, in accordance with what is provided by Article 17-D of the Federal Tax Code or as provided in the Commercial Code.

XV.

Geolocation , the geographic coordinates of latitude and longitude where the

Device is located;

XVI. Risk Level , ...

XVII. Technological Infrastructure , the computer equipment, data processing and communications facilities, equipment and communication networks, operating systems, databases, applications, and

systems that Brokerage Houses use to support their operations;

XVIII. Monetary Instrument , ...

XIX.

Law , ...

XX. Blocked Persons List , ...

XXI. Compliance Manual , the document referred to in the 63rd of these Provisions;

XXII. Data Message , the information generated, sent, received, or archived by electronic, optical, or any other technology means, in accordance with the Commercial Code;

XXIII. Mitigants , ...

XXIV. Novel Model , that which for the provision of financial services uses tools or technological means with modalities different from those existing in the market at the time the temporary authorization referred to in the Law to Regulate Financial Technology Institutions is granted;

XXV. Compliance Officer , ...

XXVI.

Operations , ...

XXVII. Unusual Operation , ...

XXVIII. Concerning

Internal Operation , ...

XXIX. Relevant Operation , ...

XXX. Politically Exposed Person , ...

XXXI. Beneficial Owner , ...

XXXII. Resource Provider , ...

XXXIII. Risk , ...

XXXIV. Ministry , ...

XXXIII. Obligated Subjects , ...

XXXVI. Terms and Conditions, the legal bases and statements that Brokerage Houses establish with their Clients through computer applications, interfaces, Internet pages, or any other electronic or digital communication medium in a format established by the Brokerage House itself for the celebration of Operations, activities, or services with them, and

XXXVII. User , ...

3rd.- ...

...

The policy and guidelines mentioned above must be an integral part of the Brokerage House's Compliance Manual.

4th.- Brokerage Houses must integrate and conserve an identification file for each of their Clients previously, when they, in person, enter into a contract to carry out Operations of any type.

To integrate the identification files of Clients, they must comply, at least, with the following:

I. In the case of Clients who are natural persons who declare to the Brokerage House to be of Mexican nationality or foreign nationality, in conditions of temporary resident or permanent resident stay in terms of the Migration Law, or in the quality of diplomatic and consular representations in terms of the Guidelines for the issuance of non-ordinary visas:

a)

The following identification data:

i.

Paternal surname, maternal surname, and name or names without abbreviations.

ii.

Gender.

iii.

Date of birth.

iv.

State of birth, when applicable.

v.

Country of birth.

vi.

Nationality.

vii.

Occupation, profession, activity, or business sector to which the Client is dedicated.

viii.

Private address at their place of residence (composed of the name of the street, avenue, or

path in question, duly specified; exterior number and, if applicable, interior;

neighborhood or urbanization; borough, municipality, or similar political demarcation that corresponds,

if applicable; city or town, state, province, department, or

similar political demarcation that corresponds, if applicable; postal code and country).

ix.

Phone number(s) where they can be located.

x.

Email, if applicable.

xi.

Unique Population Registry Key, Federal Taxpayer Registry key (with

homoclave), tax identification number and/or equivalent, as well as the country or countries that

assigned them, when available.

xii.

Serial number of the Advanced Electronic Signature, when they have one.

In addition to the above, regarding persons who have their place of residence abroad and, at

the same time, have an address in national territory where they can receive correspondence addressed to them, the Brokerage House must record in the file the data related to said address, with the same elements as those contemplated in this fraction I.

b)

Simple copy of the following documents:

i.

Personal identification, which must be, in all cases, an original official document issued

by a competent authority, valid on the date of its presentation, containing the photograph,

signature, and, if applicable, address of the Client themselves.

For the purposes of what is provided in this subsection, the following documents issued by Mexican authorities will be considered as valid personal identification documents: the voter credential, the passport, the professional ID, the national military service card, the consular registration certificate, the unique military identity card, the card for affiliation to the National Institute of Older Adults, the credentials and cards issued by the Mexican Institute of Social Security, by the Institute of Social Security 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, and the other national identifications that, if applicable, the Commission approves. Likewise, regarding natural persons of foreign nationality referred to in this fraction, in addition to those previously mentioned in this paragraph, the passport or passport card or documentation issued by the National Institute of Migration that accredits their migratory status, as well as the accreditation card issued by the Ministry of Foreign Affairs to diplomatic or consular bodies, will be considered as valid personal identification documents.

ii.

Certificate of the Unique Population Registry Key, issued by the Ministry of the Interior, a document in which the assignment of the tax identification number and/or equivalent issued by a competent authority, as well as the Advanced Electronic Signature, when they have them, is recorded. It will not be necessary to present the certificate of the Unique Population Registry Key if it appears in another document or official identification.

Brokerage Houses will not be obligated to collect, include, and conserve in the Client's corresponding identification file, a simple copy of the documents referred to in the previous paragraph, provided that the Brokerage Houses integrate into it the evidence in which it is recorded that the documents and/or the Client's data were presented and/or validated before the corresponding authority.

iii.

Proof of address, which may be any receipt for payment of home services such as, among others, electricity supply, telephone, natural gas, property tax, or water supply rights or bank statements, all of them with an age not greater than three months from their date of issuance, or the valid lease contract presented by the Client on the date of presentation, the proof of registration before the Federal Taxpayer Registry, as well as the others that, if applicable, the Commission approves.

Notwithstanding the above, when the address declared in the contract celebrated by the

Client with the Brokerage House coincides with that of the Client's voter credential issued by a Mexican authority, in case they have been identified with the same, this will function as the proof of address referred to in the previous paragraph.

iv.

Declaration of the natural person, which may be granted in writing, by optical means or of

any other technology that may be included in the application documentation for the celebration of

Operation or in the respective contract, in which it is recorded that said person acts for these

effects on their own behalf or on behalf of a third party, as the case may be.

In the event that the natural person declares to the Brokerage House that they act on behalf of

a third party, said Brokerage House must observe what is provided in fraction VII of the

present Provision regarding the Beneficial Owner of the resources involved in the corresponding

contract.

v.

In the event that the natural person acts as an agent of another person, the respective

Brokerage House must collect and integrate into the identification file of the Client in question, a simple copy of the power of attorney or of the certified copy of the document issued by a public notary, as applicable, in the terms established in common legislation, which accredits the powers conferred upon the agent, as well as an official identification and proof of address of this, which meet the requirements indicated in this fraction I regarding said documents, independent of the data and documents related to the principal.

II. Regarding Clients who are legal entities of Mexican nationality:

a)

The following identification data:

i.

Trade name or corporate name.

ii.

Commercial activity, activity, or corporate object.

iii.

Nationality.

iv.

Federal Taxpayer Registry key (with homoclave) and, if applicable, number of

tax identification and/or equivalent, as well as the country or countries that assigned them.

v.

Serial number of the Advanced Electronic Signature.

vi.

Address (composed of the name of the street, avenue, or path in question, duly

specified; exterior number and, if applicable, interior; neighborhood; borough or municipality, or

similar political demarcation that corresponds, if applicable; city or town; entity

federative and postal code).

vii.

Phone number(s) of said address.

viii.

Email, if applicable.

ix.

Date of constitution.

x.

Name or names and paternal and maternal surnames, without abbreviations, of the administrator or

administrators, director, general manager, or legal representative who, with their signature, can

obligate the legal entity for the purposes of celebrating a contract or carrying out the

Operation in question, coming from a valid official personal identification document valid,

issued by a competent authority, in accordance with what is provided by

subsection b), numeral i, fraction I of this Provision.

b)

Simple copy of the following documents:

i.

Testimony or certified copy of the public instrument that accredits its legal existence

registered in the public registry that corresponds, according to the nature of the legal

entity, or of any instrument in which the data of its constitution and those of its

inscription in said registry are recorded, or of the document that, according to the regime that applies to the legal entity in question, credibly accredits its existence.

In the event that the legal entity is of recent constitution and, in virtue thereof, is not

yet registered in the public registry that corresponds according to its nature,

the Brokerage House in question must obtain a written document signed by a person legally

authorized to accredit their personality in terms of the public instrument that accredits their

legal existence referred to in subsection b), numeral iv., of this fraction, in which it is recorded

the obligation to carry out the respective inscription and provide, in due course, the

data corresponding to the Brokerage House itself.

ii.

Tax Identification Card issued by the Ministry and, if applicable, of the document in

which the assignment of the tax identification number and/or equivalent issued by

a competent authority and certificate of the Advanced Electronic Signature are recorded.

iii.

Proof of address referred to in subsection a) of this fraction II, in terms of what is

...

indicated in subsection b), item iii., of the preceding fraction I.

iv.

Notarized copy or certified copy of the instrument containing the powers of the legal representative(s), issued by a public notary, when not contained in the public instrument that accredits the legal existence of the legal entity in question, as well as the personal identification of each of said representatives, in accordance with subsection b), item i., of the preceding fraction I.

In the case of federal, state, and municipal public dependencies and entities, as well as other Mexican legal persons of public law, to accredit their legal existence as well as to prove the powers of their legal representatives and/or agents, the provisions of the laws, regulations, decrees, or organic statutes that create and regulate their constitution and operation shall apply, and if applicable, a copy of their appointment or public instrument issued by a notary, as appropriate.

c)

Client information that allows the Brokerage House to know:

i.

Shareholder structure or partners, as appropriate.

ii.

In the event that it has a Risk Grade other than low, its internal corporate structure; that is, the organizational chart of the Client legal person, considering at least the full name and position of those individuals who hold positions between the 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 or equivalent.

Likewise, Brokerage Houses must identify the Beneficial Owners of their Client legal persons that exercise Control over them in terms of the second paragraph of fraction VII of the 2nd of these Provisions, in accordance with what is established in fraction VII 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 entity in question, or who by other means exercises Control, direct or indirect, of the legal entity, it shall be considered that the administrator or administrators thereof exercise such Control, understanding that the person designated for such effect by this is the one who exercises administration.

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

For the purposes of this subsection, Brokerage Houses must obtain a written declaration, by electronic, optical, or any other technology means, from the legal representative of the Client legal entity in question, indicating who their Beneficial Owners are in terms of this subsection.

In the event that Brokerage Houses have indications that make the truthfulness of the declared information questionable, they must take reasonable measures to determine and identify the Beneficial Owners of the corresponding Client legal person.

III. In the case of Clients who are persons of foreign nationality, the Brokerage House in question must observe the following:

a)

For the case of the natural person who declares to the Brokerage House that they do not have the condition of temporary resident or permanent resident in terms of the Migration Law, or in the capacity of diplomatic and consular representations in terms of the Guidelines for the issuance of non-ordinary visas:

i.

The respective identification file must contain the same data as those indicated in subsection a) of fraction I above, with the exception of the data of the state of birth.

ii.

Collect and include in said file a simple copy of the following documents:

ii.1.

Passport or passport card and official document issued by the National Institute of Migration, when the latter is available, which accredits their entry or legal stay in the country or, alternatively, the accreditation card issued by the Ministry of Foreign Affairs to diplomatic and consular bodies.

ii.2.

Document that accredits the Client's domicile at their place of residence, in terms of item iii., subsection b) of fraction I of this Provision.

ii.3.

Declaration in terms of subsection b), item iv., of fraction I of this Provision.

b)

For the case of foreign legal persons:

i.

The respective identification file must contain the following data recorded:

i.1.

Name or corporate name.

i.2.

Commercial trade, activity, or corporate purpose.

i.3.

Nationality.

i.4.

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

i.5.

Domicile (composed of the name of the street, avenue, or route in question, duly specified; exterior number and, if applicable, interior; neighborhood or urbanization; borough, municipality, or similar political demarcation that corresponds, if applicable; city or population, state, province, department, or similar political demarcation that corresponds, if applicable; postal code and country).

i.6.

Telephone number(s) of said domicile.

i.7.

Email, if applicable.

i.8.

Date of constitution.

ii.

Collect and include in said file a simple copy of, at least, the following documents:

ii.1.

Document that credibly proves their legal existence, document in which the assignment of the tax identification number and/or equivalent issued by the competent authority is recorded, as well as obtaining the information and collecting the data referred to in subsection c) of fraction II of this Provision.

The Brokerage House must require that the document referred to in the previous paragraph be duly legalized or, in the event that the country where said document was issued is a party to the "Convention Abolishing the Requirement of Legalization for Foreign Public Documents," adopted in The Hague, Netherlands, on October 5, 1961, it will suffice that said document bears the apostille referred to by said Convention.

In the event that the respective Client does not present the document duly legalized or apostilled, it shall be the responsibility of the Brokerage House to ensure the authenticity of said documentation.

ii.2.

Proof of domicile referred to in subsection b) above, in terms of what is indicated in subsection b), item iii., of fraction I of this Provision.

ii.3.

Notarized copy or certified copy of the instrument containing the powers of the legal representative(s), issued by a public notary, when not contained in the document that credibly proves the legal existence of the legal entity in question, as well as the personal identification of said representatives, in accordance with subsection b), item i., of fraction I or subsection a) of this fraction III, as appropriate.

In the case of those legal representatives who are outside the national territory and who do not have a passport or passport card, the personal identification must, in any case, be an original official document issued by the competent authority of the country of origin, valid on the date of its presentation, which contains the photograph, signature, and, if applicable, domicile of the said representative.

For the purposes of the foregoing, driver's licenses and credentials issued by federal or equivalent authorities of the country in question shall be considered valid personal identification documents. The verification of said documents shall be the responsibility of the Brokerage Houses.

IV. In the case of the societies, dependencies, and entities referred to in Annex 1 of these Provisions:

a)

The following identification data:

i.

Name or corporate name.

ii.

Activity or corporate purpose.

iii.

Federal Taxpayer Registry (with homoclave) and, if applicable, tax identification number and/or equivalent, as well as the country or countries that assigned them.

iv.

Serial number of the Advanced Electronic Signature, when they have it.

v.

Domicile (composed of the name of the street, exterior number and, if applicable, interior, neighborhood, city or population, borough or municipality, state, and postal code).

vi.

Nationality.

vii.

Telephone number(s) of said domicile.

viii.

Email, if applicable.

ix.

Full name without abbreviations of the administrator or administrators, director, general manager, or legal agent who, with their signature, can bind the society, dependency, or entity for the purposes of celebrating the Operation in question.

b)

Simple copy of the following documents:

i.

Notarized copy or certified copy of the instrument containing the powers of the legal representative(s), issued by a public notary.

In the case of the representative of a credit institution or Brokerage House, the certification of appointment issued by a competent official in terms of article 90 of the Credit Institutions Law or 129 of the Law, as appropriate.

To accredit the powers of the representatives of federal, state, and municipal public dependencies and entities, as well as other Mexican legal persons of public law, the provisions of the last paragraph of subsection b) of fraction II, of this Provision, shall apply.

ii.

Personal identification of such representatives, in accordance with subsection b), item i., of the preceding fraction I.

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V. In the case of Resource Providers, the following data:

a)

In the case of natural persons:

i.

Paternal surname, maternal surname, and name or names without abbreviations.

ii.

Date of birth.

iii.

Nationality.

iv.

Private domicile (composed of the name of the street, avenue, or route in question, duly specified, exterior number and, if applicable, interior, neighborhood, city or population, borough or municipality, state, and postal code).

v.

Federal Taxpayer Registry Key (with homoclave), tax identification number and/or equivalent, the country or countries that assigned them, Unique Registry of Population Key, as well as the serial number of the Advanced Electronic Signature, when they have them.

vi.

Occupation, profession, activity, or business trade to which the Resource Provider is dedicated.

b)

In the case of legal persons:

i.

Name or corporate name.

ii.

Nationality.

iii.

Federal Taxpayer Registry Key (with homoclave) and, if applicable, tax identification number and/or equivalent, as well as the country or countries that assigned them.

iv.

Serial number of the Advanced Electronic Signature, when they have it.

v.

Domicile (composed of the name of the street, avenue, or route in question, duly specified; exterior number and, if applicable, interior; neighborhood; city or population; borough or municipality; state, and postal code).

VI. ...

VII. When the Brokerage House has identified the existence of any Beneficial Owner, either at the time of opening the contract or during the commercial relationship, it must collect the same data and documents as those established in fractions I or III of this Provision, as appropriate. With respect to the domicile, it will suffice to obtain the data and the document of the domicile where they can be located.

When the obligation to identify the Beneficial Owner derives from a Client classified with a Low Risk Grade, the document referred to in item iii., of subsection b), of fraction I, as well as number ii.2., of item ii., of subsection b), of fraction III of this Provision, respectively, shall not be collected.

Additionally, the Brokerage House must identify if the Beneficial Owner is a Politically Exposed Person. Likewise, when the Beneficial Owner of a Client classified with a High Risk Grade is a Politically Exposed Person, the Brokerage House must obtain the approval referred to in the 24th of these Provisions to initiate or continue the commercial relationship, to comply with what is established in the second, third, and last paragraphs of the 26th of these Provisions.

Brokerage Houses must establish in their Compliance Manual, or in another document or manual prepared by them, the criteria, measures, and procedures they will adopt to comply with what is provided in this fraction.

In the case of legal persons whose titles or securities 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 15, 2017, and their respective modifications, as well as those subsidiaries in which they have a majority participation of fifty percent in their share capital, Brokerage Houses will not be obligated to collect the aforementioned identification data and documents, considering that they are subject to stock market provisions on information disclosure.

The Secretariat will issue the guidelines that Brokerage Houses 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.

VIII. ...

IX. Regarding Beneficiaries, Brokerage Houses will collect at least the following data: paternal surname, maternal surname, and name or names without abbreviations; private domicile (composed of the same elements as those indicated in subsection a) of fraction I of this Provision), when this is different from the contract holder's, as well as the date of birth of each of them.

X. In the case of Trusts:

a)

It must contain the following data recorded:

i.

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

ii.

Purpose of the Trust and, if applicable, indicate the vulnerable activity(ies) it carries out in terms of article 17 of the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin.

iii.

Place and date of constitution or celebration of the Trust.

iv.

Name or corporate name of the trustee institution.

v.

Trusted assets (goods and rights).

vi.

Contributions by the settlors.

vii.

Identification data, in terms of this Provision, as appropriate, of the settlors, beneficiaries, trustee delegates, and, if applicable, members of the technical committee or equivalent governing body, legal representative(s) and legal agent(s).

Without prejudice to the foregoing, the Brokerage House that does not act as trustee may comply with the obligation to collect data regarding members of the technical committee or equivalent governing body, indicating only the name or names and paternal and maternal surnames, without abbreviations, of these, as well as their date of birth.

b)

Simple copy of the following documents:

i.

Contract, notarized copy, or certified copy of the public instrument that accredits the celebration or constitution of the Trust, registered, if applicable, in the public registry that corresponds, or well, the document that, according to the regime applicable to the Trust in question, credibly proves its existence.

In the event that the Trust is of recent constitution and, in virtue thereof, is not yet registered in the public registry that corresponds to its nature, the Brokerage House in question must obtain a written document signed by a person legally authorized to accredit their personality in terms of the public instrument referred to in subsection b), item iii., of this fraction, in which the obligation to carry out the respective registration and provide, in due course, the data corresponding to the Brokerage House itself is recorded.

ii.

Proof of domicile, in terms of what is indicated in subsection b), item iii., of fraction I of this Provision.

iii.

Notarized copy or certified copy of the instrument containing the powers of the legal representative(s), legal agent(s), or trustee delegate(s), issued by a public notary, when not contained in the public instrument that accredits the legal existence of the Trust in question, as well as the personal identification of each of said representatives, agents, or trustee delegates, in accordance with subsection b), item i., of fraction I of this Provision.

iv.

Tax Identification Card issued by the Secretariat and, if applicable, the document in which the assignment of the tax identification number and/or equivalent issued by the competent authority is recorded, as well as certificate of the Advanced Electronic Signature.

Brokerage Houses that act as trustees must integrate the identification file of beneficiaries who are not individualized in the contract, at the moment when they come to exercise their rights derived from the Trust contract. The obligation established in this paragraph will not be applicable to those Trusts where there is securities intermediation, in which case the obligation will fall on the financial entity that carries out said intermediation.

Brokerage Houses will not be obligated to integrate the identification file when it comes to Trusts in which the contributions destined for labor benefits or social security of workers come from the workers themselves or from the employers, and the settlor is always a public entity that allocates the funds in question for the aforementioned purposes.

With regard to the integration and conservation of identification files of beneficiaries in Trusts that are constituted to comply with general labor or social security benefits, in which contributions are received from the dependencies and entities of the Federal Public Administration, of Mexico City, or of any state or municipality, as well as from other Mexican legal persons of public law or from companies, their unions, or persons belonging to both, the following must be observed:

(a ) ...

(b)

In the case referred to in the preceding item, Brokerage Houses must contractually agree with the Client that in their substitution they will integrate and conserve the identification files of the beneficiaries, mechanisms so that the Brokerage Houses themselves can: (i) verify, randomly, that said files are integrated in accordance with what is indicated in these Provisions, and (ii) conserve the identification file of those workers or personnel, once they cease to provide their services to the Client. In any case, Brokerage Houses will be responsible at all times for compliance with the obligations, in terms of Client identification, established by these Provisions, to which effect, they must establish in their Compliance Manual the mechanisms they will adopt to comply with what is indicated in this paragraph.

...

Brokerage Houses that carry out Operations with Trusts with respect to which they do not act as trustees, may comply with the obligation (a) to collect the document referred to in item i., of subsection b) of this fraction, and (b) referred to in fraction VII of this Provision, respectively, through a certificate signed by the trustee delegate and the Compliance Officer of the financial entity, institution, or society that acts as trustee, which must contain the information indicated in subsection a) above, as well as the obligation to keep said documentation available to the Secretariat and the Commission, in order to remit it, upon request of the latter, within the term established by the Commission itself.

...

When the provided identification documents present strikethroughs or amendments, Brokerage Houses must collect another means of identification or, in default, request two banking or commercial references and two personal references, which include the name or names and paternal and maternal surnames without abbreviations, domicile composed of the same data as those indicated in fraction I of this Provision, and telephone of the issuer, whose authenticity will be verified by the Brokerage Houses with the persons who sign such references, before the respective contract is celebrated.

...

Brokerage Houses, when collecting the simple copies of the documents that must integrate the Client identification files, in accordance with what is indicated by this Provision, must ensure that these are legible and compare them against the corresponding original documents that they have in view in a presencial manner.

...

Brokerage Houses may conserve, in their Files or Records, separately the data and documents that must form part of the identification files of their Clients, without the need to integrate both into a single physical file, provided that they have automated systems that allow them to combine said data and documents for their timely consultation by the Brokerage Houses themselves or by the Secretariat or the Commission, upon request of the latter, in terms of these Provisions and the others that are applicable.

4th Ter.- Brokerage Houses that celebrate a contract through Devices in a non-presential manner with natural person Clients of Mexican nationality, in accordance with what is established in Annex 2 of these Provisions, in addition to the identification data referred to in the 4th of these Provisions, must require and obtain from their Clients the Geolocation of the Device from which they celebrate the contract, as well as:

a)

Voter Key, if applicable.

b )

Consent.

c)

Email or cell phone.

d)

Account number and Standardized Banking Key (CLABE) in the financial entity or Foreign Financial Entity authorized to receive deposits, and which corresponds to the name referred to in the 4th, fraction I of these Provisions.

e )

The manifestation of the natural person in which they indicate whether they act on their own behalf or on behalf of a third party, in the event that they manifest that they act on behalf of a third party, the provisions of the 4th, fraction VII of these Provisions shall apply. Such manifestation may

established in the Terms and Conditions established for this purpose by the Brokerage House.

f)

The digital version of the valid, current official personal identification document from which the data referred to in this Provision originate, which must be preserved in accordance with the applicable Mexican Official Standard on digitalization and preservation of Data Messages. For the preservation of documents referred to in this subsection, Brokerage Houses may consider an international standard provided that the compliance standard has at least the requirements of the Mexican Official Standard and does not contravene it.

Brokerage Houses shall not carry out the execution of the contract in a non-presential manner when they do not collect the data related to Geolocation.

The consent that Brokerage Houses obtain from their Clients in terms of this Provision may be obtained through Electronic Signature, Advanced Electronic Signature, or in accordance with what is established in Annex 2 of these Provisions. Such Client consent serves as proof to legally establish the execution of the contract or any Operation carried out with the Brokerage House in a non-presential manner.

A valid, current official personal identification document for the purposes of this Provision shall be understood to be the voter credential issued by the National Electoral Institute and other national identifications that, as applicable, are approved by the Commission.

Brokerage Houses may collect digital versions of the documentation referred to in this Provision in a non-presential manner and through optical means or any other technology.

The digital versions that Brokerage Houses collect for identification purposes must allow for verification. Likewise, such digital versions must be preserved in their Files or Records in accordance with these Provisions.

Brokerage Houses must establish in their Compliance Manual the criteria and mechanisms they will adopt to comply with what is stated in this Provision.

6th.- The Brokerage House, prior to establishing or initiating a commercial relationship with a Client, must conduct an in-person interview with the Client or their legal representative, in order to collect the respective identification data and documents. The results of the interview must be recorded in writing or electronically and be part of the Brokerage House's Files or Records.

Regarding contracts executed in accordance with 4th Ter of these Provisions, the interview referred to in the previous paragraph may be conducted in a non-presential manner, using forms that interact with the Client, both in terms of what is established in Annex 2 of these Provisions.

Regarding contracts executed in accordance with 4th Ter of these Provisions, Brokerage Houses may enter into agreements with third parties to carry out the interview referred to in this Provision, which must be done in the terms established in articles 219 and 220 of the Law and the general provisions issued by the Commission based on those articles. In any case, Brokerage Houses that fall under the scenario provided for in this paragraph will be responsible for complying with the obligations regarding identification and customer knowledge established in these Provisions.

Likewise, with prior notice to the Commission, Brokerage Houses may enter into agreements with foreign financial institutions, their branches, and subsidiaries in which they have participation to carry out the interview referred to in this Provision, provided that they do not operate in high-risk or non-cooperative countries indicated by the Financial Action Task Force. Brokerage Houses that fall under the scenario provided for in this paragraph will be responsible for complying with the obligations regarding identification and customer knowledge established in these Provisions.

8th.- ...

I.

The entity that integrates and maintains said file must have the Client's consent for said entity to provide the data and documents related to their identification, or the digital version of the latter, to any of the entities that make up the financial group with which it intends to establish a commercial relationship, and

II. ...

a)

They may exchange data and documents, as well as the digital versions of the latter, related to the Client's identification, in order to establish a new commercial relationship with them;

b) and c)...

9th.- Brokerage Houses are prohibited from executing or maintaining anonymous contracts, under fictitious names, or in which the Client or Beneficial Owner cannot be identified; therefore, they may only execute contracts with their Clients once they have met the identification requirements for them, in accordance with these Provisions.

9th Bis.- Brokerage Houses may not apply the simplified measures provided for in this Chapter to their Clients when they have a well-founded suspicion or indications that the funds, assets, or securities that their Clients intend to use to carry out an Operation might be related to the acts or conduct referred to in articles 139 Quater or 400 Bis of the Federal Penal Code.

The policies, criteria, measures, and procedures that Brokerage Houses develop to determine what is stated in the previous paragraph must be documented in their Compliance Manual.

9th Ter.- Brokerage Houses may suspend the identification process of their potential Client or User when they reasonably estimate:

I.

That they might be related to acts or conduct referred to in articles 139 Quater or 400 Bis of the Federal Penal Code.

II.

That continuing with the identification process could prevent or alert the Client or User that the Brokerage House considers the funds, assets, or securities to be related to acts or conduct referred to in articles 139 Quater or 400 Bis of the Federal Penal Code.

III.

When they identify the existence of Risks in accordance with the criteria they establish in the Compliance Manual.

In the event that the suspension referred to in this Provision is carried out, Brokerage Houses must generate the corresponding 24-hour Unusual Operation Report with the information they have about the potential Client or User in question, which may be prepared manually.

The report referred to in the previous paragraph must be sent to the Secretariat, through the Commission, within 24 hours from the time the Brokerage House becomes aware of the information indicated in this Provision, through the corresponding official format.

For the purposes of this Provision, Brokerage Houses must establish in their Compliance Manual, or in another document or manual prepared by the Brokerage House itself, the necessary policies, criteria, measures, and procedures.

11th.- Regarding mandates or commissions that Brokerage Houses are authorized to carry out, they must invariably integrate the identification file of all parties involved in the signing of the respective instruments (mandator, mandatory, commissioner, principal), in the terms established in 4th or 4th Ter of these Provisions, except when it concerns third parties referred to in stipulations for their benefit that are not individually identified in the respective mandate or commission contract.

12th.- ...

...

...

In the event that the transactional level established in the first paragraph of this Provision is exceeded, Brokerage Houses must proceed to integrate the identification file of the respective Client with all the corresponding information and documentation, in terms of what is provided in 4th or 4th Ter of these Provisions, as well as comply with the various obligations established therein.

13th.- For the execution of Operations through electronic, optical, or any other technology means, Brokerage Houses must previously integrate the Client's identification file in accordance with what is established in these Provisions; establish mechanisms to identify them in accordance with what is established in Annex 2 of these Provisions, when applicable; as well as develop procedures to prevent the improper use of such means or technologies, which must be contained in their Compliance Manual.

13th Bis.- Brokerage Houses must verify the data and documents that their potential Clients provide to them to prove their identity.

The verification referred to in the previous paragraph may be carried out in a non-presential manner in accordance with what is established in Annex 2 of these Provisions, to the extent applicable.

When it concerns Operations of Clients classified by Brokerage Houses as Low Risk, the verification referred to in the previous paragraph may be done after the execution of the respective contract. In the cases referred to in this paragraph, Brokerage Houses must inform their Clients that they cannot carry out Operations until the verification process referred to in this Provision is concluded.

Brokerage Houses must establish in their Compliance Manual the policies, criteria, measures, and procedures they will adopt to comply with what is stated in this Provision.

The verification of the data and documents referred to in this Provision, obtained from their Clients, may be carried out by third parties without exempting Brokerage Houses from complying with the obligations provided for in these Provisions.

14th.- ...

I. to III. ...

IV. Without prejudice to the other obligations and measures established in these Provisions, any Brokerage House that accepts processing the sending of a national transfer of funds in foreign currency or an international transfer of funds requested by its Client or User must collect the following information from said Client or User regarding the Recipient or beneficiary of the transfer, whether natural or legal person, which must be preserved and accompany the transfer in question:

a)

Name and surname or surnames that correspond, or, as applicable, denomination or corporate name.

b)

Identifier of the Recipient or beneficiary's account, in case such account is used to process the transfer in question, or, in the absence of such account, a unique reference number of said transfer that allows for its tracking.

c)

As much data as, as applicable, is provided by the Client or User and the system through which the transmission is made allows: Country of birth and date of birth, national identity number or address, as applicable to natural persons of Mexican or foreign nationality, or, regarding legal persons, tax identification number and country that issued it or address.

V. Without prejudice to the other obligations and measures established in these Provisions, any Brokerage House that accepts receiving national transfers of funds in foreign currency or international transfers of funds directed to its respective Client or User must collect the following information regarding the person who ordered the national or international transfer, depending on whether it is a natural or legal person:

a)

Name and surname or surnames, or, as applicable, denomination or corporate name.

b)

Identifier or reference of the originator's account, which allows tracking the transfer from its origin.

c)

As much data as, as applicable, is transmitted by the entity sending the respective transfer: Country and date of birth, national identity number or address, as applicable to natural persons of Mexican or foreign nationality, or, regarding legal persons, tax identification number and country that issued it or address.

Additionally, the Brokerage Houses referred to in this subsection must have policies and procedures documented in their respective Compliance Manuals to which they must adhere to identify, at the time of receipt or subsequently, the transfers indicated in this same subsection that do not contain the information of the persons who order such transfers or of the Recipients or beneficiaries that must be included in such transfers in accordance with this Provision, as well as include in said Manuals, at least, the risk-based criteria they will use to determine whether it is appropriate to credit or return the funds of the transfers they receive without the required information, as well as the actions they will take in follow-up to this.

The Brokerage Houses ordering or receiving fund transfers referred to in this Provision must verify the information provided by their Client or User in the event that there is a well-founded suspicion or indication that the funds might be related to the acts or conduct referred to in articles 139 Quater or 400 Bis of the Federal Penal Code and, as applicable, generate the corresponding 24-hour Unusual Operation Report. The policies and procedures to carry out the verification referred to in this paragraph must be included in their respective Compliance Manual.

...

...

14th Bis.- Brokerage Houses may collect the data and documentation of their Users in terms of 14th of these Provisions in a non-presential manner and through electronic, optical, or any other technology in accordance with what is established in Annex 2 of these Provisions.

Brokerage Houses that opt to integrate the User's identification file in the terms provided for in the previous paragraph, in addition to what is provided in 14th of these Provisions, must require and obtain from their Users, prior to their consent, the Geolocation of the Device from which the User executes the Operation, as well as their email address.

Brokerage Houses shall not execute Operations with Users in a non-presential manner when they do not collect the data related to Geolocation.

For the purposes of this Provision, a valid, current official personal identification document shall be understood to be the voter credential issued by the National Electoral Institute, and other national identifications that, as applicable, are approved by the Commission.

Brokerage Houses are obligated to preserve the documents in their Files or Records in accordance with these Provisions.

The digital versions of the documents that, as applicable, Brokerage Houses collect for identification purposes must allow for verification in terms of Annex 2 of these Provisions.

Brokerage Houses must establish in the Compliance Manual the criteria and mechanisms they will adopt to comply with what is stated in this Provision.

The information referred to in this Provision must be available to the Secretariat and the Commission, at the latter's request, within the timeframe established by the Commission itself.

15th.- ...

I. ...

...

...

...

...

...

...

their official identification number, which can only be one of those indicated in subsection I, paragraph b), numeral i., of 4th of these Provisions.

II. ...

III. ...

...

...

...

...

19th.- Brokerage Houses will verify that the identification files of their Client legal persons, regardless of their Risk Grade, contain all the data and documents provided for in 4th or 4th Ter, as applicable, of these Provisions, as well as that said data and documents are up to date, understanding that Brokerage Houses may choose not to carry out the update of the latter, in case it concerns a Client legal person with a Low Risk Grade. The foregoing, in the terms and conditions that Brokerage Houses establish in their own Compliance Manual. 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 4th, 4th Ter, 26th, and 30th of these Provisions.

If during the course of a commercial relationship with a Client, the Brokerage House in question detects significant changes in the Client's usual transactional behavior, without there being a justified cause for it, or if doubts arise regarding the truthfulness or accuracy of the data or documents provided by the Client themselves, among other scenarios that the Brokerage House itself establishes in its Compliance Manual, it will reclassify said Client into the corresponding higher Risk Grade, in accordance with the results of the analysis that, as applicable, the Brokerage House performs, and must verify and request the update of both the data and identification documents, among other measures that the Brokerage House deems convenient.

Brokerage Houses may comply with the obligation to update their Clients' files in accordance with this Provision in a non-presential manner, regardless of the account opening method, and must, in any case, collect the data and documents that are applicable according to the type of Client, and carry out the respective verification.

Brokerage Houses must establish in their Compliance Manual the policies, criteria, measures, and procedures they will adopt to comply with what is stated in this Provision, including the scenarios 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.

19th-1.- Brokerage Houses must design and implement a methodology to carry out a Risk assessment of the risks to which they are exposed derived from their products, services, Clients, Users, countries or geographic areas, transactions, and sending or distribution channels with which they operate.

The design of the methodology referred to in the previous paragraph must be established in their Compliance Manual, or in another document or manual prepared by the Brokerage House, and must establish and describe all processes that will be carried out for the identification, measurement, and mitigation of Risks, for which they must take into account the Risk factors identified for this purpose, as well as the information that is applicable given the context of each Brokerage House contained in the national risk assessment and its updates, which the Secretariat makes known to them through the Commission.

Regarding Brokerage Houses that are part of financial groups in terms of the Law to Regulate Financial Groups, they must establish in the design of the methodology how the results of the methodology that, as applicable, the other financial entities that make up the corresponding group have implemented will be taken into account.

Likewise, Brokerage Houses will carry out a Risk assessment of the risks to which they are exposed in accordance with what is established in this Chapter, prior to the launch or use of new products, services, types of Clients and/or Users, countries or geographic areas, sending or distribution channels, and transactions.

19th-2.- ...

I. Identify the elements and indicators associated with each of them that explain how and to what extent the Brokerage House may be exposed to Risk, considering at least the following elements:

a)

Products and services.

b)

Clients and Users.

c)

Countries and geographic areas.

d)

Transactions and sending or distribution channels linked to the Brokerage House's Operations, with its Clients, and with its Users.

Within the process of identifying Risk indicators, the total of the products, services, types of Clients and Users, countries or geographic areas, transactions, and sending or distribution channels with which the Brokerage House operates must be considered.

II. Use a method for the measurement of Risks that establishes a relationship between the indicators and the element to which they belong referred to in the previous subsection I and assign a weight to each of them consistently based on their importance to describe said Risks. In turn, a weight must be assigned to each of the defined Risk elements consistently based on their importance to describe the Risks to which the Brokerage House is exposed.

III. Identify the Mitigants that the Brokerage House has implemented at the time of the methodology design, considering all internal policies, criteria, measures, and procedures referred to in 63rd of these Provisions, as well as their effective application, in order to establish the effect they will have on the indicators and Risk elements indicated in the previous subsection I, as well as on the Brokerage House's Risk.

19th-3.- Brokerage Houses must implement the designed methodology and obtain the results of the same in order to know the Risks to which they are exposed. In the implementation of the Risk assessment methodology, Brokerage Houses must ensure:

I. That there are no inconsistencies between the information they incorporate into this and that which is in their automated systems.

II. Use, at least, the information corresponding to the total number of Clients, number of operations, and amount operated corresponding to a period that cannot be less than twelve months.

When, derived from the results of the implementation of the Risk assessment methodology, the existence of greater or new Risks for the Brokerage Houses themselves is detected, they must modify the policies, criteria, measures, and procedures that correspond, contained in the Compliance Manual, or in another document or manual prepared by the Brokerage House, in order to establish the Mitigants they consider necessary based on the identified Risks, as well as to maintain them at an acceptable tolerance level in accordance with what is established in the Compliance Manual.

The modifications to the internal policies, criteria, measures, and procedures referred to in the paragraph

previous, derived from the results of the implementation of the Risk evaluation methodology,

shall be carried out within a period not exceeding twelve months counted from the time the Brokerage House has

the results of its implementation and shall be clearly identified and marked, indicating at least the year and

month in which the results of the implementation of the methodology that gave rise to such modifications were obtained.

19ª-4.- The compliance and results of the obligations contained in this Chapter shall be

reviewed and updated by Brokerage Houses when the existence of new Risks is detected, when

the national risk assessment is updated, or within a period not exceeding 12 months from the time the Brokerage

House has the results of its implementation. Such reviews and updates shall be

recorded in writing and be available to the Secretariat and the Commission, at the request of the latter, within the

period established by the Commission itself.

The Commission may review and, if appropriate, order Brokerage Houses to modify their methodology

of Risk evaluation or their Mitigants, among other cases, when it does not consider a proper

Risk administration in the procedure and criterion(ies) for the determination of the opening, limitation and/or

termination of a commercial relationship with its 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.

Brokerage Houses shall preserve the information generated by virtue of this Chapter for a

period of not less than five years and provide it to the Secretariat and to the Commission, at the request of this

latter, within the period established by the Commission itself.

19ª-5.- Brokerage Houses shall comply with all the obligations contained in these

Provisions, in accordance with the results generated by their methodologies referred to in this Chapter.

19ª-6.- The Commission, prior to the opinion of the Secretariat, will elaborate guidelines, guides and/or best practices

that Brokerage Houses will consider for the better compliance with what is provided in this Chapter,

which will be made known through the electronic means established by the same.

20ª .-...

Such policy shall form an integral part of the Compliance Manual of each Brokerage House.

22ª.- ...

In the case of those Operations carried out remotely, in addition to the elements for

determining the Client's transactional profile mentioned in the previous paragraph, it must take into account the

Geolocation of the Device from which such Operation is carried out.

23ª .-...

For the purposes of the above, each of the Brokerage Houses must have a

alert system that allows it to follow up and timely detect changes in the transactional behavior

of its Clients and, if applicable, adopt the necessary measures. The foregoing, with the exception of

those Trusts for which Brokerage Houses provide investment management services as issuers of indexed fiduciary bond certificates that do not explicitly seek returns higher than those of the index, financial asset or reference parameter, as referred to in the Law and the General Provisions applicable to financial entities and other persons providing investment services, issued by the Commission. The aforementioned alert system must take into account the maximum estimated amounts referred to in the following paragraph, to evaluate transactionality in accordance with what is established in the fifth paragraph of this Provision.

...

In the case of the celebration of contracts remotely referred to in the 4ª Ter of these

Provisions, Brokerage Houses must consider the Geolocation information, prior to

Client consent, of the Device from which the Client carries out the Operation, activity or service

with the respective Brokerage House.

...

...

Brokerage Houses, in the terms provided for in their Compliance Manual, will apply to their

Clients who have been classified as High Risk Grade, as well as new Clients that

meet such characteristics, 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.

The questionnaires referred to in the previous paragraph may be carried out remotely, by means

digital or electronic, in order to ensure truthfulness and security in their preparation, which in any case must contain the consent referred to in the 4ª Ter of these Provisions of the person who signs them.

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 Brokerage Houses will establish in its Compliance Manual the criteria conducive to that end, which take into account, among other aspects, the

Client's background, profession, activity or business sector, the origin and destination of its resources, the

place of residence, the methodology referred to in Chapter II Bis of these Provisions and the

dother circumstances determined by the Brokerage House itself.

24ª.- For cases where, prior to or after the start of the commercial relationship, a Brokerage

House detects that the person who intends to be a Client or who already is, as appropriate, meets the

requirements to be considered a Politically Exposed Person and, in addition, as High Risk Grade, such Brokerage House must, in accordance with what it establishes for this purpose in its Compliance Manual,

obtain the approval of an executive or equivalent who has specific powers to approve the

celebration of such contracts, in order to initiate or, if applicable, continue the commercial relationship.

25ª.- Prior to the celebration of contracts with Clients who, due to their characteristics, could

generate a High Risk Grade for the Brokerage House, at least one executive or equivalent who has

specific powers to approve the celebration of such contracts, must grant in writing, in

digital or electronic form, the respective approval. Likewise, for the purposes referred to in

fractions IV and V of Article 48ª of these Provisions, Brokerage Houses must provide in their Compliance

Manual the mechanisms for their respective Compliance Officers to have knowledge

of those Clients who are classified with a High Risk Grade by the Brokerage Houses themselves, as

well as the procedures that must be carried out to process the approval indicated

in this

Provision.

26ª .-...

...

In the Operations carried out by Clients who have been classified as High Risk Grade, the

Brokerage Houses will adopt measures to know the origin of the resources and will seek to obtain the data

indicated in Chapter II of these Provisions, in the terms provided for in their Compliance Manual

by the Brokerage House, or in another document or manual prepared by them, regarding the spouse and

economic dependents of the Client, as well as the companies and associations with which they maintain

patrimonial links, in the case of natural persons, and, in the case of legal entities, their main

shareholders or partners, as appropriate, while in the case of Trusts, they will seek to collect the

same data regarding the spouse and economic dependents of the settlors and beneficiaries

natural persons, as well as the companies 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, in the terms provided for in their Compliance Manual, or in another

document or manual prepared by them. In the case of foreign Politically Exposed

Persons, Brokerage Houses must obtain, in addition to the reference data, the

documentation indicated in Chapter II of these Provisions, regarding the natural persons and

legal entities mentioned above in this paragraph.

Without prejudice to the foregoing, in the case of legal entity Clients whose titles or securities 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

Federación on May 15, 2017 and their respective modifications, as well as those subsidiaries of these

in which they have a majority participation of fifty percent in their share capital, Brokerage

Houses will not be obligated to collect the identification data and documents mentioned above,

considering that they are subject to provisions in securities matters regarding disclosure of

information.

Brokerage Houses, in the terms provided for in their Compliance Manual, or in

another document or manual prepared by them, must develop mechanisms to establish

the Risk Grade of the Operations they carry out with Politically Exposed Persons of Mexican nationality

and, for this purpose, Brokerage Houses will determine if the transactional behavior corresponds

reasonably with the functions, level and responsibility of such persons, according to the

knowledge and information available to the aforementioned Brokerage Houses.

27ª.- ...

...

I. ...

II. ...

a) ...

b)

Evaluate the controls they have, in order to determine that they comply with the

international standards applicable in matters of prevention of operations with resources

of illicit origin and financing of terrorism. The criteria according to which the

Brokerage Houses will carry out the evaluation indicated in this subsection must be contemplated in the

Compliance Manuals, or in another document or manual prepared by the Brokerage

House in question;

c) and d) ...

In correspondent relationships, both Brokerage Houses and their counterparts abroad

must document the obligations in matters of prevention of operations with resources of illicit origin

and financing of terrorism to which each is subject in their countries. In order to comply with what is established in this paragraph, Brokerage Houses may request the prevention program of operations with resources of illicit origin and financing of terrorism from their counterpart

abroad.

Likewise, the Brokerage House prior to the correspondent relationship must gather information

available on the obligations in matters of prevention of operations with resources of illicit origin and

financing of terrorism of the correspondent institution, as well as know from the information

publicly available, the reputation of the institution and the quality of supervision, including whether it has been

the object or not of an investigation on operations with resources of illicit origin and/or financing of

terrorism.

29ª.- When a Brokerage House has information based on indications or certain facts about

that one of its Clients acts on behalf of another person, without having declared it in accordance with what is

indicated in Article 4ª or 4ª Ter of these Provisions, such Brokerage House must request from the Client

in question, information that allows it to identify the Beneficial Owner of the resources involved in the

respective contract or Operation, without prejudice to the duties of confidentiality towards third parties

that such Client has assumed by conventional means.

...

Both in the cases provided for in the preceding paragraphs of this Provision, and in that in which

doubts arise in the Brokerage House regarding the truthfulness or authenticity of the data or documents

provided by the Client or User for identification purposes, or regarding the transactional behavior

of the Client in question, the said Brokerage House must carry out a specific and comprehensive follow-up of the Operations that such Client or User carries out, in accordance with what is established for this purpose in its Compliance Manual and, if applicable, submit them to the consideration of the Committee, who

must rule and, if appropriate, issue the corresponding Unusual Operation report.

30ª.- Without prejudice to what is stated in Article 4ª or 4ª Ter of these Provisions, Brokerage Houses

must establish in their Compliance Manual, procedures to identify the Beneficial Owners

of the resources used by Clients in their contracts, so they must:

I. a II . ...

III. In the case of Trusts, mandates or commissions, or any other type of similar legal instrument

similar, when by their nature, the identity of the settlors, beneficiaries,

mandators, principals or participants is indeterminate, Brokerage Houses must collect the same

data and documents indicated in Article 4ª of these Provisions, at the moment when they present

to exercise their rights before the Brokerage House. The foregoing, with the exception of those Trusts for which

Brokerage Houses provide investment management services as issuers of indexed fiduciary bond certificates that do not explicitly seek returns higher than those of the index, financial asset or reference parameter, as referred to in the Law and the general provisions

applicable to financial entities and other persons providing investment services, issued

by the Commission.

33ª.- ...

The daily limit established in the previous paragraph is exempted from operations carried out by Users

natural persons of foreign nationality, in which case Brokerage Houses must collect and preserve

copy of the passport or passport card that accredits their nationality and of the official document issued by the

National Institute of Migration, when they have the latter, that accredits their entry or legal stay in

the country.

...

...

I....

II.

In the case of Users who are natural persons of foreign nationality, a copy of the passport or passport card

that accredits their nationality and of the official document issued by the National Institute of

Migration, when they have the latter, that accredits their entry or legal stay in the country.

...

...

39ª.- ...

Each Brokerage House must provide in its Compliance Manual, or in another document or

manual prepared by the Brokerage House itself, the mechanisms based on which those Operations

that must be presented to the Committee for the purposes of their ruling as Unusual Operations, must be

analyzed, including their background and purposes. In any case, the results of

such examination must be recorded in writing and will be available to the Secretariat and the Commission, for at least ten years counted from the celebration of the Committee meeting in which such results were presented.

...

Likewise, in the process of determining the Unusual Operations referred to in this

Provision, Brokerage Houses must rely on their Compliance Manual, as well as any other

document or manual prepared by the Brokerage House itself and, in addition to this, they will consider the guidelines

prepared for this purpose by the Secretariat and by international organizations and intergovernmental groupings

in matters of prevention and combat of operations with resources of illicit origin and of financing of

terrorism, of which Mexico is a member, which the Secretariat provides to them.

42ª.- In the event that a Brokerage House has information based on well-founded suspicions or

indications, such as concrete facts from which it can be inferred that, when attempting to carry out an Operation,

the resources could come 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 Quáter of the

Federal Penal Code, or that could fall under the circumstances of Article 400 Bis of the same legal

instrument, that same Brokerage House, in the event that it decides to accept such Operation, must send to the

Secretariat, through the Commission, within 24 hours counted from the time it knows 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 Brokerage House

does not carry out the Operation referred to in this paragraph, it must present to the Secretariat, through the

Commission, the report of Unusual Operation in the terms indicated in this Provision regarding

such Clients or Users, and will provide, if applicable, all the information it has known about them

has

known.

...

For the purposes of what is provided in this Provision, Brokerage Houses must establish in their Compliance Manual

or in another document or manual prepared by them, those according to which their personnel, once they know the information in question, must make it known immediately to the Compliance Officer of the Brokerage House, so that this fulfills the obligation to send

the corresponding report.

...

44ª.- ...

I.

Submit to the approval of the audit committee of the Brokerage House in question, the Compliance

Manual, as well as any modification to it;

I.

Bis. Present to the board of directors of the Brokerage House, the results of the implementation

of the methodology elaborated and implemented to carry out the Risk evaluation to which

the previous Chapter II Bis refers;

II.

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

of the Brokerage House or, if applicable, by the independent external auditor referred to in Article 61ª

of these Provisions, regarding the valuation of the effectiveness of the policies, criteria,

measures and procedures contained in the document indicated in the previous fraction I, in order to

adopt the necessary actions aimed at correcting flaws, deficiencies or omissions;

III.

Know of those Clients who, due to their characteristics, are classified with a High Risk Grade

high, according to the reports submitted to it by the Compliance Officer and, if applicable,

formulate the recommendations they deem appropriate;

IV . to VIII . ...

IX.

Resolve the other matters submitted to its consideration, related to the application of

these Provisions;

X.

Ensure that the Brokerage House, for the compliance with these Provisions, has

with the internal structures referred to in this Chapter, in terms of organization, number of

persons, material and technological resources, in accordance with the results of the implementation of

the methodology referred to in the previous Chapter II Bis, and

XI.

Ensure that the key referred to in Article 68ª-1 is requested and kept updated in the name

of the Compliance Officer or Compliance Officer who is designated as interim, as appropriate.

Each Brokerage House must expressly establish in its Compliance Manual, or in another

document or manual prepared by the Brokerage House itself, the mechanisms, processes, deadlines and

moments, as appropriate, that must be observed in the performance of the functions indicated

in this

Provision.

45ª .- ...

...

...

...

Brokerage Houses that have fewer than twenty-five people on their staff, whether they perform

functions for the same directly or indirectly through complementary service companies, are not

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, except for that provided in the

fraction XI of Article 44ª of these Provisions, which will correspond to the general director or equivalent of the

Brokerage House.

48ª.-...

...

...

I.

Prepare and submit to the consideration of the Committee the Compliance Manual, which contains the

policies of 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. Submit to the approval of the Committee the methodology designed to carry out the evaluation of

Risk to which the previous Chapter II Bis refers, as well as the results

of its

implementation;

II. and III . ...

IV.

Make known to the Committee those Clients who, due to their characteristics, are classified

with a High Risk Grade for the Brokerage House itself;

V. and VI . ...

VII.

Act as a consultation instance within the Brokerage House regarding the application of the

these Provisions, as well as of the Compliance Manual;

VIII. and XI . ...

...

...

Each Brokerage House must expressly establish in its Compliance Manual, or in another

document or manual prepared by the Brokerage House itself, the procedures according to which the

Compliance Officer will perform the functions and obligations established in this Provision and

the way in which it will document the compliance with them, if applicable.

50ª.- ...

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 the Compliance Manual, which the

Brokerage House has developed for the due compliance with these Provisions, as

well as on the activities, products and services offered by the Brokerage House.

...

II....

Paragraph repealed.

52ª.- Each Brokerage House, as part of its Technological Infrastructure, must have systems

automated that develop, among others, the following functions:

I.

...

II.

Generate and transmit, securely to the Secretariat, through the Commission, the information

regarding the reports of Relevant Operations, cash operations with United States dollars

provided for in Article 35ª of these Provisions, Unusual Operations and Concerning Internal Operations and international fund transfers referred to in these Provisions, as well as that which must be communicated to the Secretariat or to the

Commission, under the terms and within the timeframes established in these Provisions.

As an exception to what is stated in this subsection, Brokerage Houses may manually generate the report referred to in the 9th Tertiary of these Provisions;

III. and IV. ...

V.

Execute the alert system contemplated in the 23rd of these Provisions;

V Bis. Contribute to the detection, tracking, and analysis of possible Unusual Operations and Concerning Internal Operations, considering at least, the information that has been provided by the Client at the start of the commercial relationship, the historical records of the Operations carried out by them, the transactional behavior, average balances, and any other parameter that may provide more elements for the analysis of this type of Operations;

VI. to IX. ...

IX Bis.

Provide the information that Brokerage Houses will include in the methodology they must develop in accordance with what is established in the 19th-1 of these Provisions;

X.

Execute an alert system regarding those Operations that are intended to be carried out with persons referred to in subsection X of the 39th of these Provisions, with Politically Exposed Persons, in accordance with what is stated in the 67th of these Provisions, as well as with those who are within the List of Blocked Persons, and

XI.

Facilitate the verification of the data and documents provided non-presentially by the Client.

58th.- Brokerage Houses must adopt selection procedures to ensure that their personnel have the necessary technical quality and experience, as well as integrity, to carry out the activities corresponding to them, which must include obtaining a signed declaration from the official or employee in question, in which they will state information regarding any other financial entity or those societies referred to in Article 95 Bis of the General Law of Organizations and Auxiliary Activities of Credit in which they have previously worked, if applicable, as well as the fact of not having been sentenced for property crimes or disqualified from exercising commerce as a consequence of non-compliance with the legislation, or to hold an employment, position, or commission in the public service, or in the Mexican financial system. To this effect, the aforementioned selection procedures must be contemplated in the Compliance Manual of the Brokerage House, or in another document or manual prepared by the Brokerage House itself.

...

60th.- Brokerage Houses are obligated to preserve, for a period of no less than ten years counted from the execution of the Operation carried out by their Clients or Users, the following:

I.

The documentation and information that accredits the Operation in question once it has been concluded.

II.

The data and documents that make up the identification files of their Clients, which must be preserved throughout the validity of the contract and, once these conclude, for the period referred to in this Provision, from the conclusion of the contractual relationship.

The identification file that Brokerage Houses must preserve in terms of this Provision must allow identifying the Client, as well as knowing the Operations they carry out with the Brokerage House.

Likewise, those data and documents that must be collected from Users, must be preserved for the aforementioned period counted from the date on which the User carries out the Operation in question.

III.

The historical records of the Operations they carry out with their Clients.

IV.

Copy of the reports of Relevant Operations, cash operations with United States of America dollars provided for in the 35th of these Provisions, Unusual Operations, Concerning Internal Operations, and international fund transfers referred to in these Provisions, as well as the original or copy or accounting or financial record of all supporting documentation, which must be identified and preserved as such by the Brokerage House itself for the same period.

The records of the reports submitted in accordance with these Provisions, as well as the records of the Operations carried out, must allow knowing the manner and terms in which they were carried out, in accordance with the applicable legal provisions.

The preservation provided for in this Provision may be carried out by electronic or digital means, which must guarantee the security of the information and documentation collected from the Client or User.

...

64th.- The Commission will be empowered to directly require Brokerage Houses or, if applicable, through the association to which they belong, to make modifications to their Compliance Manuals, as well as to the other documents indicated in these Provisions, when in its judgment it is necessary for the correct application of them.

65th.- The Commission, in the exercise of the supervisory powers conferred by the Law and other legal instruments, will monitor that Brokerage Houses, including, if applicable, their offices, branches, agencies, and subsidiaries, both in national territory and abroad, comply with the obligations established in these Provisions, in the respective Compliance Manuals of the Brokerage Houses, as well as in any other document in which criteria, measures, and procedures related to the compliance with these Provisions are established, and will impose the corresponding sanctions for non-compliance with the aforementioned obligations, in the terms indicated in the Law, and, likewise, may request at any time, the necessary information or documentation for the development of its powers.

68th-1 .-...

Likewise, Brokerage Houses must ensure that the key referred to in the previous paragraph, remains updated in the name of the Compliance Officer or Compliance Officer who is designated as interim, as appropriate.

CHAPTER XV BIS

NOVEL MODELS

68th-2.- Brokerage Houses that intend to obtain authorization from the Commission so that, through Novel Models, they carry out any of the Operations referred to in subsection XXVI of the 2nd of these Provisions must:

I.

Identify and evaluate the Risk to which they are exposed, prior to the launch of the product or service in question through Novel Models. The evaluation referred to in this subsection must be carried out in accordance with Chapter II Bis of these Provisions.

II.

Present the result of the evaluation referred to in the previous subsection to the Commission along with their authorization request.

III.

Comply with these Provisions, according to the cases, forms, terms, timeframes, conditions, and exceptions that the Commission indicates in the respective authorization, prior to the opinion of the Secretariat.

69th .-...

Brokerage Houses must adopt and implement mechanisms that allow identifying Clients or Users who are within the List of Blocked Persons, as well as any third party acting on behalf of or for their account, and those Operations they have carried out, are carrying out, or intend to carry out. These mechanisms must be provided for in the Compliance Manual of the Brokerage House itself.

71st.- ...

Brokerage Houses that, in terms of this Provision, have suspended acts, Operations, or services with their Clients or Users, must immediately make this situation known to them in writing or through digital means, in which they must inform said Clients and Users of the grounds and cause or causes of such inclusion, as well as that, within ten business days following the day of receipt of the cited writing, they may appear before the competent authority for the purposes of the 72nd of these Provisions.

TRANSITIONAL PROVISIONS

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

Second.- The guidelines, interpretations, and criteria issued by the Secretariat or by the Commission, based on what is provided in the Resolution of September 9, 2010, and subsequent Resolutions through which the General Provisions referred to in Article 212 of the Securities Market Law have been added or reformed, will continue to be applicable insofar as they do not oppose what is established in this Resolution.

Third.- Brokerage Houses must comply with the obligations contained in this Resolution, under the terms and in accordance with the timeframes indicated below:

I. Four months counted from the entry into force of this Resolution to modify the Compliance Manual and present it to the Commission.

II.

Nine months counted from the date of entry into force of this Resolution to modify the methodology referred to in Chapter II Bis.

III.

Eighteen months counted from the date of entry into force of this Resolution, to update the automated systems referred to in the 52nd of the Provisions.

IV.

Twenty-four months counted from the date of entry into force of this Resolution, to collect the Geolocation of the Device from which the Client carries out each Operation, referred to in these Provisions.

Fourth.- Brokerage Houses are obligated to send the report referred to in the 9th Tertiary of these Provisions once the Secretariat makes known the guide or guidelines for such effect through the electronic means indicated for such purpose.

Fifth.- Brokerage Houses are obligated to comply with what is provided in Provision 14th, subsection IV, clause c), and subsection V, clause c), which are added in this instrument as of November 1, 2020.

Mexico City, July 8, 2019. - The Secretary of Finance and Public Credit, Carlos Manuel Urzúa Macías .- Rubric.

Annex 1

The simplified regime referred to in subsection IV of the 4th of these Provisions, will apply to the following societies, departments, and entities:

Financial Technology Institutions

Controlling Societies of Financial Groups

Investment Funds

Investment Societies Specialized in Retirement Funds

Operating Societies of Investment Funds

Distributing Societies of Investment Fund Shares

Credit Institutions

National Development Bank for Agriculture, Rural, Forestry and Fisheries

Brokerage Houses

Exchange Houses

Retirement Fund Administrators

Insurance Institutions

Mutual Insurance Societies

Surety Institutions

General Warehouses

Savings and Loan Cooperative Societies

Popular Financial Societies

Community Financial Societies

Multiple-Object Financial Societies Regulated and Unregulated

Credit Unions

Securities Issuing Societies *

Foreign Financial Entities

Federal, state, and municipal public departments and entities, as well as other Mexican public law legal persons

Stock Exchanges

Securities Deposit Institutions

Societies that administer systems to facilitate securities operations

Central Counterparties of Securities

Societies authorized to operate with Novel Models in accordance with Title IV of the Law to Regulate Financial Technology Institutions.

Annex 2

Of non-presential identification

Article 1.- Brokerage Houses, for the purposes of identifying their Clients or potential Clients who are natural persons of Mexican nationality, in the non-presential celebration of each contract with these, whose resources come from a deposit account of a financial entity authorized for this purpose, must comply with what is provided by this article:

I.

Obtain the prior approval of the Commission of the procedure that the Brokerage House will carry out in terms of the 4th Tertiary and of this Annex.

II.

Require the natural person in question to send a form through the electronic medium established by the Brokerage House itself, in which must be included, at least, the data referred to in the 4th Tertiary of these Provisions, as well as the product or service that is intended to be contracted.

The aforementioned form must include a statement indicating that its submission to the Brokerage House in question constitutes the consent of the person for their voice and image to be recorded when establishing communication through an audiovisual medium and in real time between them.

Concurrently with the form, Brokerage Houses must require the applicant to send a color photograph of their valid voter credential issued by the National Electoral Institute, on the front and back. Brokerage Houses must require the applicant to take a color photograph of their face, using devices with cameras of at least 4 megapixels resolution, 24-bit color images, the taking of which must only be done online through the Brokerage House's own technological tool to be sent in that same act.

Additionally, Brokerage Houses must require the natural person to send in digital format the necessary documents to integrate and preserve their identification file in terms of what is provided in the 4th Tertiary of these Provisions.

III.

Once the duly filled form is received, they must verify if the applicant is a Client of the Brokerage House and, in this case, verify the data of the form with the records of the Brokerage House itself.

In addition to the above, Brokerage Houses must confirm the existence of the Unique Population Registry Key with the National Population Registry, as well as that the data of this and those provided in the form coincide with each other.

Likewise, they must compare the photographs of the voter credential and the face, in order to make facial biometric recognition between them, ensuring that both coincide according to the reliability level established in subsection IV of Article 4 of this Annex, and validate the security elements of the received voter credential, in order to detect if said document presents alterations or inconsistencies, for which they must have the necessary technology for this.

Additionally, Brokerage Houses must verify the coincidence of the data of the voter credential issued by the National Electoral Institute listed below, with the records of the Institute itself:

a)

The Credential Identifier Code (CIC), which is printed on the voter credential.

b)

Year of registration.

c)

Voter Key.

d)

Number and year of issuance.

Brokerage Houses must verify that the paternal surnames, maternal surnames, and name or names, as they appear on the presented voter credential, coincide with the records of the National Electoral Institute or the National Population Registry.

IV.

They must inform the applicant of the procedure that will be followed in the development of the real-time communication, what are the accesses to the media for its realization, as well as deliver a one-time code, which will be required from the applicant at the start of the communication.

V.

The communication must be carried out in accordance with the dialogue guides established by the Brokerage Houses, and will be recorded and preserved without edits for its entire duration. Additionally, Brokerage Houses must observe the following:

a)

Register the time and date of the realization of the communication.

b)

Verify that the quality of the image and sound allow the full identification of the applicant, according to the parameters established by the Brokerage Houses themselves for this purpose.

c)

Corroborate, during the communication with the applicant, the information that they have sent in the form and require them to show the rest of the documentation sent jointly with it.

In the event that the applicant is already a Client of the Brokerage House, they must authenticate them using an authentication factor, understood as this, the authentication mechanism, tangible or intangible, based on the Client's physical characteristics, on devices or information that only the Client possesses or knows. These mechanisms may include:

i.

Information that the Client knows and that the Brokerage House validates through questionnaires practiced by operators of telephone service centers.

ii.

Information that only the Client knows, such as passwords and Personal Identification Numbers (PIN).

iii.

Client information derived from their physical characteristics, such as fingerprints, hand geometry, or iris or retina patterns, provided that such information cannot be duplicated and used subsequently.

d)

Require the applicant to show their voter credential issued by the National Electoral Institute, both on the front and back, confirming that it contains the same data and photograph of the credential that they sent along with the form.

e)

Take images of the applicant and of the presented voter credential, on the front and back, in which the date and time in which they were taken will be stamped, obtained from a protected time server.

f)

Use specialized technology that allows them to achieve reliable identification of the interviewee, with the reliability level established in subsection IV of Article 4 of this Annex, ensuring that there is coincidence between their face, the photograph of said interviewee, and that of the previously received voter credential. The foregoing will be a condition to proceed to the stage of formalizing the contracting of the product or service in question.

g)

Identify suspicious behavior patterns that could indicate that the person being interviewed is not who they say they are.

VI.

Brokerage Houses must suspend the contracting process with the applicant when any of the following cases occur:

a)

The image or sound quality does not allow for full identification of the applicant.

b)

The applicant does not present their voter credential; the data obtained from it does not coincide with the records of the National Electoral Institute, or the result of the validation of the elements of the aforementioned voter credential, or of the biometric verifications of the applicant's face, does not reach the effectiveness or reliability level referred to in Article 4, subsections III and IV of this Annex.

c)

The Unique Population Registry Key does not coincide with the information of the National Population Registry.

d)

The one-time code required from the applicant is not confirmed by them.

e)

The Brokerage House personnel having the online communication identifies an atypical or risky situation, or has doubts about the authenticity of the voter credential or the identity of the applicant.

f)

Interruptions in the connection occur.

The technology used for these procedures must be approved by the risk manager or their equivalent or, in case of not having this, by the audit committee or board of directors of the Brokerage Houses.

Brokerage Houses may agree during the online communication for the celebration of the contracts referred to in this article, the contracting of the electronic services associated with such products, without being able to allow that through the services contracted in accordance with what is established in this article, the celebration of operations charged to other products of the same Client is instructed. The aforementioned prohibition will not be applicable when the Client goes to the offices to carry out the contracting of the electronic services.

Brokerage Houses must provide in the contracts they celebrate with their Clients or potential Clients that when these decide to omit requesting the authentication factor during the online communication referred to in this article and the Clients or potential Clients do not recognize contracts in their name of the products and services contracted through the procedure described, they will assume the risks and, therefore, the costs of the products or services, making the corresponding clarifications and, if applicable, cancellations of the product or service in question, when so claimed by the Client or potential Client.

Article 2.- Brokerage Houses must have the necessary means for the transmission and safeguarding of the information, data, and files generated in the procedures referred to in Article 1 of this Annex, which guarantee their integrity, the correct reading of the data, the impossibility of manipulation, as well as their adequate conservation and location.

Brokerage Houses may use technological improvements that help compensate for the clarity of the images, approved by their risk manager or their equivalent or, in case of not having this, by the audit committee or board of directors, for such purposes, when the identification documents are shown and the facial recognition of the applicant is carried out.

Article 3.- The Commission may approve non-presential identification mechanisms for potential Clients other than those indicated in Article 1 of this Annex, provided that Brokerage Houses prove that the technology used, in the judgment of the Commission itself, is reliable to identify the natural person in question and the existence of the Unique Population Registry Key with the National Population Registry or some other verifiable identification element against the records of some Mexican authority is verified, as well as the correspondence of the data.

Article 4.- Brokerage Houses, when requesting the approvals referred to in Article 1 and, if applicable, Article 3 of this Annex, must present the following:

I.

The detailed description of the process, which must be approved by the risk manager or their equivalent or, in case of not having this, by the audit committee, the board of directors, or sole administrator, as well as the technological infrastructure used in each part of this.

II.

Regarding identification mechanisms referred to in Article 3, the method of validation of the identification documents that will be admitted to carry out the contracting in question.

III.

Evidence that the means of verification of the validity of the identification documents of the

Clients or potential Clients, has the effectiveness approved by the risk manager or their equivalent or, in the event of not having this, by the audit committee or board of directors of the Brokerage Houses.

IV.

Evidence that the biometric identification recognitions used have the level of reliability determined by the risk manager or their equivalent or, in the event of not having this, by the audit committee or board of directors of the Brokerage House.

V.

The image and sound quality standards that will be required to carry out the communication.

VI.

If applicable, the description of the authentication factors that will be required of the Client.

VII.

The mechanisms through which compliance with what is provided in Article 2 of this Annex will be ensured.

When Brokerage Houses intend to modify the procedures described in Articles 1 and, if applicable, Article 3 of this Annex, they will require prior approval from the Commission.

---

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