News Reforms of the Law on Credit Institutions and The General Law on Organizations and Activities Auxiliary to Credit

In order to prevent operations with resources of illicit origin and financing of terrorism and in accordance with the reform of Articles 115 of the Law on Credit Institutions (Ley de Instituciones de Crédito), 87-D and 95-Bis of the General Law on Organizations and Activities Auxiliary to Credit (Ley General de Organizaciones y Actividades Auxiliares del Crédito) that are applicable to multiple purpose financial corporations (SOFOM), therefore, in accordance with recommendation number 10 of the Financial Action Task Force, it is necessary to specify the requirements for identifying the debtor in the factoring operations that the multiple purpose financial companies carry out with their clients, because they are part of the identification file of that debtor, which, despite not being a client or user of the multiple purpose financial company, is part of a financial operation where the use of resources that have to be identified is involved.

For this reason, those persons who appear as debtors of the collection rights acquired through any financial factoring operation and who are not clients, said entities must collect the following identification data:

  1.  Full name, without abbreviations or company name.
  2. Activity or corporate purpose.
  3. Date of birth or date of incorporation.
  4. Federal Taxpayer Registry (RFC), tax identification number and the country where it was assigned.
  5. Serial number of the advanced electronic signature.
  6. Address.
  7. Nationality.
  8. Telephone number.
  9. E-mail address.
  10. Full name without abbreviations of the administrator or administrators, director, general manager or legal representative who, with their signature, can bind the legal entity, when the entity has the same.

Also, according to the transitional provisions, the SOFOM will have 6 (six) months from January 18, 2020, for the following:

  1. Amend the Compliance Manual and submit it to the Commission.

2.Update the automated systems referred to in the 43rd of the Provisions.

The reform can be consulted in detail in the following link:

https://sidof.segob.gob.mx/notas/5584217

Lic. Génesis Moyeda Salazar

Gloria Ponce de León & Hernández

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