Official Journal of the Federation December 19, 2002
Last Reform Published DOF 09 April 2012
VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, DECREE:
THE FEDERAL LAW FOR THE ADMINISTRATION AND DISPOSAL OF PUBLIC SECTOR GOODS IS EXPECTED AND THE FEDERAL CODE OF CRIMINAL PROCEEDINGS
ARTICLE FIRST. The following is issued:
FEDERAL LAW FOR THE ADMINISTRATION AND DISPOSAL OF PUBLIC SECTOR GOODS
Article 1o.- This Law is of public order, of general observance throughout the Republic and is intended to regulate administration and destination, by the SAE, for the following goods:
I.- The insured and seized in federal criminal proceedings;
II.- Those received in payment to cover all kinds of credits in favor of the Federal Government, its entities or dependencies, including the the provision of the Treasury of the Federation or its auxiliaries legally empowered to do so;
III.- Those who have been seized by federal authorities have been awarded to the transferring entities in accordance with applicable laws;
IV.- Those who are abandoned in favor of the Federal Government;
V.- Those who are subject to one of the procedures laid down in customs legislation, in federal tax legislation or in other ordinances legal entities applicable to the Transferring Entities, must be sold, destroyed, donated or assigned, by virtue of being flammable, fungible, perishable, easily decomposed or impaired, as well as when it comes to live animals and vehicles;
VI.- Those that become the property of the Federal Fiscus;
VII.- Titles, securities, assets and other rights that are susceptible to disposal, when so provided by the competent authorities;
VIII.- The assets of the private domain of the Federation and those that constitute the assets of the parastatal entities;
IX.- Any good that, without being the property of the Federation, in terms of applicable law, the Federal Government, its entities or dependencies may have it, and
X.- Other than determine the Secretariat and the Comptroller within the scope of its privileges and in accordance with applicable legal provisions.
The goods referred to in this article must be transferred to the SAE when the laws so determine or when the judicial authorities order it. In other cases, the transferring entities shall determine in accordance with the applicable provisions for this purpose the convenience of transferring the goods to the SAE or of carrying out by themselves the administration, destruction or the corresponding disposal, in which case they shall apply the rules corresponding to the goods in question.
The SAE may directly manage, dispose, or destroy any assets that are transferred to it or appoint depositaries, liquidators, controllers, or servicers of the same, as well as to entrust to third parties the disposal and destruction of these.
Depositaries, liquidators, controllers or administrators, as well as third parties referred to in the preceding paragraph, shall preferably be the entities of the Federal Public Administration, or the State and municipal authorities, upon request or corresponding agreement, without prejudice to the possibility of being designated as other professionally suitable persons.
Until the goods are transferred to the SAE, they will be governed by the applicable provisions according to their nature.
This Law shall be applicable to the goods since they are transferred to the SAE and until the SAE performs the destruction, disposal or terminate the administration of the same, even in the case of goods of Transferring Entities whose applicable legal framework establishes requirements or procedures of administration, disposal and special or special control, in the matters governed by this Law. In the case of any of these assumptions, the applicable provisions shall be applicable to the whole, destination and determination of the nature of the revenue concerned.
Real estate of the Federal Government that is transferred to the SAE will continue to be subject to the legal regime established by the General Law of National Goods.
The interpretation of the precepts of this Law, for administrative purposes, will correspond to the Secretariat and the Comptroller, in the field of their respective competencies.
Article 2o.- For the purposes of this Act, it is understood by:
I.- Customs Authorities: Those in accordance with the Secretariat's Rules of Procedure, the Tax Administration's Rules of Procedure, and the other applicable provisions have competence to exercise the powers that the Customs Act establishes;
II.- Goods: The goods referred to in Article 1 of this Act;
III.- Unaffordable goods: Those whose value is less than the amount of six months of general minimum wage in force for the Federal District, as well as those who, in accordance with the provisions of the Regulation, have a commercial value lower than their administrative costs;
IV.- Comptroller: The Public Function Secretariat;
V.- Transferring Entities: The Customs Authorities; the Federation's Treasury; the Attorney General's Office; the Federal Judicial Authorities; the entities (a) State aid, including development banking institutions and national auxiliary credit organizations; public trusts, whether or not they have the status of a parastatal entity, the dependencies of the Federal Public Administration, the office of the Presidency of the Republic, the Legal Department of the Federal Executive, the Bank of Mexico, the Federal Electoral Institute, the governments of the Federative Entities and the Municipalities, as well as the other autonomous public bodies, which in terms of the applicable provisions transfer to his administration, disposal or destruction of the goods referred to in Article 1. of this Act to SAE.
Dealing with real estate whose administration is responsible for the Comptroller's Office, shall be understood as Transferring Entity, exclusively to that Dependency;
VI.- Interested: The person who is entitled, has a legal interest in the goods referred to in Article 1 of this Law or, if applicable, that which have an interest in participating in the disposal procedures provided for therein;
VII.- Governing Board: The Government Board of the SAE;
VIII.- Public Ministry: The Public Ministry of the Federation;
IX.- Attorney General's Office: The Attorney General's Office;
X.- Regulation: The Regulation of this Law, which the President of the Republic will issue to the effect;
XI.- SAE: The decentralized body of the Federal Public Administration, called the Service of Administration and the Disposal of Goods, provided for in the Title Sixth of this Law;
XII.- Secretariat: The Secretariat of Finance and Public Credit, and
XIII.- Transfer: The procedure whereby a Transferring Entity delivers one or more assets to the SAE for administration, disposal or destruction, without that the delivery involves a transfer of ownership and does not generate the payment of taxes.
Article 3o.- For the transfer of the goods to the SAE the transferring entities must:
I.- Deliver minutes that include inventory with the description and the status of the goods, in which it is pointed out whether it is property or property. care of the transferring entity, adding original or certified copy of the document in which the title of ownership is recorded or of which the legitimate possession and the possibility of disposing of the goods. The Governing Board shall determine the additional documents to enable an orderly and transparent transfer of the goods;
II.- Identify goods with appropriate stamps, marks, cones, iron, signals, or other means;
III.- Point out if the goods are delivered for administration, sale, donation, and/or destruction, requesting, where appropriate, the SAE to order the practice of the relevant, and
IV.- Put the goods at the disposal of the SAE, on the date and places that are previously agreed with it.
Article 4o.- The SAE will integrate a database with the registration of the goods, which can be consulted by the federal judicial authority, the Attorney General's Office, the agencies and entities of the Federal Public Administration, the authorities of the common jurisdiction responsible for the procurement and delivery of justice, as well as persons who have a legitimate interest in this.
From the Assets Administration
Article 5o.- The SAE will administer the goods that are delivered by the transferring entities for such purposes, which have a value greater than the amount of six months of general minimum wage in force for the Federal District. Such administration shall be made in accordance with the provisions of this Law, as long as there is no final decision issued by a competent administrative or judicial authority determining the destination of such goods, except in the case of of those referred to in Article 1 (V) of this Law.
Except for the administration referred to in the preceding paragraph, notes and coins of legal tender, foreign currency, precious metals, goods numismatic or philatelic, and goods with artistic or historical value, which shall be administered in accordance with the provisions applicable by the appropriate entity, as the case may be, unless the competent authorities determine the
For goods that are not subject to administration under the terms of this Article, the transferring entities, in accordance with the provisions applicable, shall proceed to order their assignment; destruction; disposal, in accordance with the applicable ordinances for each type of good, or donation to institutions authorized to receive deductibles in the terms of the Law of the Income tax, which requires it for the development of its activities; or either to determine a specific purpose which offers the most utility for the Federal Government.
The movable and immovable property that is in the service of the transferring entities, cannot be transferred for administration to the SAE in the terms of this Title.
Article 6o.- All secured assets, including legal tender notes and coins, foreign currency, precious metals, numismatic or philatelic assets, and goods with artistic or historical value shall be administered by the SAE.
Article 6a.- All goods from foreign trade, including subject to a procedure laid down in the customs legislation, received by any title by the Federation's Treasury, including payment and subject to a procedure laid down in the federal tax legislation, as well as those abandoned in favor of the Federal Government, except those provided for in the the second paragraph of Article 5 of this Law, must be transferred to the SAE for your administration and destination in terms of this Act.
Except as provided for in the preceding paragraph, perishable goods originating from foreign trade, which are to be donated or destroyed directly by the competent customs authority.
Article 6b.- The Transferring Entities shall have a period of 30 calendar days, counted from the date of the award or legally liable. dispose of the goods referred to in the previous Article, to carry out the transfer of the goods to the SAE.
After the end of the period referred to in the preceding paragraph, the SAE shall have a period of 540 calendar days to dispose of the goods or the litigious rights on the same, in accordance with the disposal procedures set out in Title IV of this Law.
Article 6c.- Goods from foreign trade that are made available to the SAE for transfer shall be withdrawn from the place in they are located within 60 calendar days following receipt of the delivery request made by the Transferring Entity, duly accompanied by the supporting documentation.
The period referred to in the preceding paragraph shall begin to run as long as the application for delivery and the supplementary documentation received by the SAE comply with the with all the requirements set forth by this Law, the Regulations and the guidelines issued by the Governing Board.
If the SAE does not withdraw the goods within the time limit referred to in the first paragraph of this Article without justified cause, they may be donated or destroyed directly by the competent customs authority.
Article 7o.- The administration of the goods comprises its receipt, registration, custody, conservation and supervision. They shall be preserved in the state in which they were received by the SAE, to be returned under the same conditions, except for the normal deterioration caused by the passage of time. Such goods may be used, destroyed or otherwise in cases and in compliance with the requirements laid down in this Law and in the Regulation, for which, where appropriate, the SAE may carry out the acts conducive to the regularisation of those goods, in accordance with the applicable provisions for that purpose.
Article 8o.- Depositories, liquidators, auditors or administrators, who receive goods in deposit, intervention, liquidation or administration, are required to give the SAE a monthly report on the same, and give it all facilities for monitoring and monitoring.
Article 9o.- The firearms, ammunition and explosives will be administered by the National Defense Secretariat. In any case, the provisions of the Federal Law on Firearms and Explosives should also be observed.
Dealing with protected narcotics, flora and fauna, hazardous materials and other property whose property or possession is prohibited, restricted or especially regulated, the terms of the applicable federal legislation will be carried out.
The goods resulting from the public domain of the Federation, the states, the Federal District or the municipalities will be restored to the agency or entity. relevant, in accordance with their nature and subject to the applicable rules.
Article 10.- It shall be recorded in the public records which correspond, in accordance with the applicable provisions, to the appointment of the depositary, financial controller, liquidator or manager of the goods.
Article 11.- The SAE, or the depositary, controller, liquidator, or asset manager will contract insurance for the loss or damage of the assets. same.
The provisions of the preceding paragraph shall not apply where, by reason of the legal nature, characteristics or type of risk to which the property, the cost of insurance is not directly related to the benefit that could be obtained.
Article 12.- To the fruits or yields of the goods for the duration of the administration, they will be given the same treatment as the goods that the generate.
In any case, the resources obtained from the administration of the goods will be used to compensate for the cost of maintenance and administration of the goods and the remaining, if any, shall be deposited in the fund referred to in Article 89 and shall be delivered to the person who, at the time, accredit him or her to be entitled in terms of the applicable provisions.
Article 13.- With respect to the goods, the SAE and, where applicable, the depositaries, controllers, liquidators or administrators it has appointed shall, in addition to the obligations laid down in this Law, which are referred to in the Federal Civil Code for the depositary.
For the proper conservation and proper functioning of the goods, including the real estate destined for agricultural activities, companies, negotiations and establishments, the SAE shall have all the powers and obligations of an agent for litigation and collections, acts of administration, to grant and subscribe to credit titles and, in the cases provided for in this Law, acts of dominion.
Depositaries, controllers, liquidators, or administrators that the SAE designates, will have, within the following, only the powers granted to them:
I.- General power for litigation and charges and acts of administration under the terms of Article 2554, first and second paragraphs, of the Federal Civil Code.
II.- Special power for litigation and collection, with the special clauses referred to in Article 2587 of the Federal Civil Code.
III.- Power for work management acts with express faculties to articulate and acquit positions in accordance with the provisions of the article 786 of the Federal Labor Law, with powers to administer labor relations and to reconcile in accordance with the provisions of Articles 11 and 876, fractions I and VI of the same Law, as well as to appear in the terms of the Articles 692, fractions I, II and III, and 878 of the Act referred to.
IV.- Power to grant and subscribe credit titles, in the terms of Article 9o. of the General Law of Titles and Credit Operations.
The powers referred to in this article may be exercised before any judicial authority, whether civil, criminal, administrative, labor, military, federal, State or municipal.
The powers provided for in this article will be granted to the depositors, controllers, liquidators or administrators, by the SAE, according to what they require for the proper exercise of their privileges.
Article 14.- The SAE, as well as the depositors, liquidators, administrators, or controllers of the goods will give all the facilities for the competent authorities who so require, practice with such goods all the necessary measures.
Article 15.- The goods will be guarded and preserved in places that the SAEdetermines.
Article 16.- The goods referred to in Article 1 (V) of this Law and those that are unaffordable, shall be destroyed or disposed of by the SAE through the procedures provided for in Title IV of this Law.
Article 17.- The depositors, liquidators, auditors and servicers appointed by the SAE will not be able to dispose or tax the real estate. In any event, the rights of third parties shall be respected.
Article 18.- Real properties that are eligible for tender activities that are delivered to the SAE, will be managed to keep them productive or, if necessary, make them productive.
Article 19.- The SAE will appoint an administrator for the companies, negotiations, or establishments that are the subject of this Act.
The administrator of the goods referred to in the preceding paragraph shall have the necessary powers, in terms of the applicable provisions, to keep them in operation and good progress, but may not dispose of or tax assets that are part of the firm's fixed assets, trading or establishment.
The Governing Board may authorise the administrator to suspend or close the companies, negotiations or establishments definitively, when the The activities of these companies will be unaffordable and will result in dissolution, liquidation, commercial competition, bankruptcy, merger, division or sale as the case may be.
Article 20.- Dealing with companies, negotiations or establishments that do not have the licenses, authorizations, permits, concessions or any other type If necessary to operate lawfully, the administrator shall proceed to regularisation. If this is not possible, the suspension, cancellation and liquidation of those activities in which case it shall have, for such purposes only, the powers necessary for the disposal of assets, shall be carried out in accordance with the procedures provided for in Title IV of this Law.
Article 21.- The administrator shall have independence from the owner, administrative bodies, shareholders ' assemblies, members or unit-holders. as any other body of the undertakings, negotiations or establishments which are granted to them in administration. The administrator will respond only to the SAE and, in the event that it incurs criminal liability, will be subject to the applicable provisions.
Article 22.- The Governing Board may authorize the depositaries, administrators, or auditors referred to in Article 8 of this Law to use the goods they have received, which they will do in accordance with the provisions of the Regulation, as well as the guidelines issued by the Board.
The Governing Board shall fix the amount of consideration that depositaries, servicers or controllers are required to cover for the use that is granted in accordance with the previous paragraph. Such consideration shall be considered as the fruit of the goods. The use of flora, fauna, pieces of art, archaeological pieces and buildings with some limitation of dominion, which is granted to depositaries, administrators or controllers, will not generate the payment of consideration.
The SAE may grant, after authorization from the Governing Board, the assets in deposit to the agencies, parastate entities, or the Attorney General's Office, when so requests it in writing by the holder of such instances, or by the public servant in whom it delegates this function, and, where appropriate, shall authorise them by means of the use of such goods for the development of their functions.
Depositors, administrators or controllers will give to the SAE a detailed monthly report on the use of the goods, in terms of Set the SAE.
Article 23.- Where the return of goods that have been used in accordance with the previous article is applicable, the depositary, administrator or financial controller shall cover the damage caused by their use.
The insurance for these assets must cover the loss and damage arising from the use of the assets.
Article 23a.- In case a company in liquidation has federal tax liabilities, and the sole shareholder is the Federal Government, it will operate full cancellation of such tax credits, without any need for authorisation, provided that the following requirements are met:
I.- That exists after external auditor opinion, and
II.- That is the last pending activity to complete the settlement process.
In these cases the respective documentation must be sent to the Tax Administration Service, including the minutes of the last session of the governing body the company.
From Assets Return to Administration
Article 24.- Where the return of the goods proceeds, the competent authority shall inform the SAE of such a situation, in order to make it available to the credit to them. The competent authority shall notify the person concerned or the legal representative of its decision, in accordance with the provisions of the applicable provisions, so that, within the time limit laid down in the notification, it is to be collected, under the warning that failure to do so will cause the Federal Government to abandon it.
Article 25.- The SAE, when the person or his legal representative is presented to collect the goods, must:
I.- Arise minutes stating the right of the person concerned or his legal representative to receive the goods;
II.- Perform an inventory of the goods, and
III.- Deliver the goods to the data subject or their legal representative.
Article 26.- The return of the goods will include the delivery of the fruits that, if any, have been generated.
The number return will include the delivery of the principal and its returns during the time it has been administered, in accordance with the terms and conditions which corresponds in accordance with the applicable provisions.
The SAE when returning businesses, negotiations, or establishments, will account for the administration that you have made to the person who is entitled to it, and you deliver the documents, objects, numerals and, in general, anything that has been understood by the administration.
Prior to the receipt of the goods by the person concerned, the interested party will be given an opportunity to review and inspect the conditions in which they are located, the effect of verifying the inventory referred to in Article 25 of this Law and, where appropriate, the inventory referred to in Article 28 thereof.
Article 27.- When as provided for in Article 24 of this Law, the competent authority shall determine the return of the goods which have been a) the value of the refund, the value of the same in accordance with the rules laid down in Article 89, shall be covered by the provided for in Article 89, the person holding the right of return, the value of the same in accordance with the applicable provisions.
For the purposes of the foregoing paragraph, the value of the goods that have been sold shall be the value of the sale, discounting the costs, fees and payments referred to in the first paragraph of Article 89 of this Law, plus the returns generated from the date of sale.
Article 28.- The SAE will be responsible for the damages arising from the loss, loss, or unusual deterioration of the goods it administers. Anyone who is entitled to the return of goods that would have been lost, lost or damaged will be able to claim their payment to the SAE.
Article 29.- The fruits and products of the goods shall be disposed of by the SAE in accordance with the procedures provided for in Title IV of this Law, with the exception of the provisions of the third paragraph of Article 39 of this Law.
Article 30.- (Repeals)
Of The Enajenation Procedures
Article 31.- The disposal procedures provided for in this Law are of public order and are aimed at economic, effective, impartial and transparent the goods that are transferred to the SAE; to ensure the best conditions in the disposal of the goods; to obtain the highest possible recovery value and the best conditions of opportunity, as well as the reduction of the costs of administration and custody of the transferring entities.
The disposal procedures will be as follows:
I.- Donation, and
II.- The sale, which includes the swap and any other legal forms of transfer of the property, through public tender, auction, auction or direct award.
For the realization of the enajenations referred to in the previous fractions, the SAE will have all the powers and obligations of a president for litigation. and receivables, administrative acts, acts of domain and to grant and subscribe to credit titles.
The third parties referred to in Article 38 of this Law, to whom the SAE entrusts the disposal of the goods, shall, where appropriate, have the powers indicated in the Article 13, fractions I to III of this order, only those referred to them by the decentralised body.
Dealing with goods that the Treasury of the Federation or its auxiliaries legally empowered, obtain in payment and transfer to the SAE for their disposal, the time limit referred to in the Law of the Federation's Treasury Service shall not apply.
Article 32.- They will be prevented from participating in the disposal procedures regulated by this Law, the persons in the cases following:
I.- Disabled to perform a job, job, or commission in the public service;
II.- Those who have not complied with any of the obligations arising from the procedures provided for in this Law, for reasons attributable to them;
III.- Those who have provided information that is false or have acted with intent or bad faith, in any procedure performed by the Administration Federal Public for the award of a good;
IV.- Those who have participated in similar procedures with the Federal Government and are in a situation of delay in the payment of the goods by causes attributable to them, except for the cases provided for in the guidelines issued by the Governing Board for this purpose;
V.- Aquellas to which they are declared in civil or commercial competition;
VI.- The third parties referred to in Article 38 of this Law, in respect of the goods whose disposal is entrusted to them;
VII.- Customs agents and customs rules, in respect of foreign goods;
VIII.- Public servants who have had access to inside information for their functions, and
IX.- Other than for any cause are prevented by law.
For the purposes of fractions III and IV, the SAE shall keep a record of the persons who are located in the assumptions intended by them.
Article 33.- Any procedure of disposal or act that is carried out against the provisions of this Title shall be null and void.
The public servants who participate in the implementation of the disposal procedures provided for in this Law will be responsible for the failure to comply with these procedures. provisions established therein, in terms of the Federal Law on Administrative Responsibilities of Public Servants, without prejudice to the criminal liability that corresponds to the laws.
ALLOCATION AND DONATION
Article 34.- In exceptional cases, in accordance with what they establish for that purpose the applicable provisions and prior compliance with the requirements which, if applicable, provide for the same, such as those relating to the amount, period or type of property, may be donated or assigned, as appropriate, in favor of the offices and parastatal entities of the Federal Public Administration, as well as of the governments of the federative entities and municipalities, so that the use in local public services, in educational or social assistance purposes, or institutions authorized to receive deductible donations in the terms of the Income Tax Law, which requires them to develop their activities.
Dealing with goods from foreign trade, only flammable, explosive, polluting, radioactive, corrosive, perishable, easy to use can be donated decomposition or deterioration, flora, live animals, those used for the prevention or care of the effects of natural disasters and those intended for the care of certain areas of high marginality.
Article 35.- For the donation of the goods, the SAE will be supported by the Donation Committee, which will be integrated and governed in accordance with what is set out in the Regulation.
Article 36.- The SAE may sell the goods that are transferred to it, when the price is equal to or greater than that determined by an existing guarantee, or offered by the market, provided that, in the latter case, the sale is carried out by means of public tender or auction procedures. In the case of the auction procedure, the provisions of Articles 57, 59 and 60 of this order shall apply.
When required, these will be practiced by the Institute of Administration and Avaluos of National Assets or by experts, credit institutions, agents (a) specialised or public corridors, and must include at least the commercial value and the value of immediate implementation, as determined by the Governing Board.
The SAE shall be entitled to keep the sale price up to the act of submission of purchase offers, in those cases where it is deemed to be This reserve will help to stimulate competitiveness among stakeholders and to maximise the selling price.
If the market value is used, it must be incorporated into the public tender or auction basis, which the SAE may declare to be deserted, partial or totally, the procedure of sale, without any need for any justification. The Governing Board may issue guidelines to regulate this faculty.
Article 37.- (Repeals)
Article 38.- The SAE can sell the goods through the following procedures:
I.- Public Tender;
III.- Remate, or
IV.- Direct award.
The SAE may entrust the disposal of the goods referred to in this Chapter, to the agencies or entities of the Federal Public Administration, to the State or municipal authorities, or persons, undertakings or institutions specialising in the promotion and sale of the same, when it considers that their intervention will make it possible to make the sale procedure more efficient, as well as to increase the potential buyers and maximize prices.
The third parties referred to in the preceding paragraph, upon completion of the divestiture entrusted to them, are obliged to report to the SAE on the same, and to give you all the facilities for monitoring and monitoring.
In the sale of the goods, which is carried out in accordance with the procedures referred to above, the SAE, as well as the third parties mentioned in the preceding paragraphs, must attend to the commercial characteristics of the operations, the sound practices and banking and commercial uses.
Article 38a.-Dealing with the disposal through the public tender procedure, the participants must submit their position to the SAE closed and the highest position will determine the winner and the transaction price.
Article 38b.- Dealing with the disposal through the auction procedure, the participants will adjust their positions according to the competitors until reaching a level where no bidder is willing to offer more. The last posture determines the winner and the transaction price.
Article 39.- The sale of the goods will preferably be done through the auction procedure.
The remate procedure can be performed in the following cases:
I.- When set by other legal provisions;
II.- When the value of the disposal of the goods does not exceed the amounts to be established for that purpose in the Regulation;
III.- When in the judgment of the SAE these procedures ensure the best conditions to the State, or
IV.- In other cases that are provided for in the Regulation.
In these cases and in the direct award procedure referred to in Article 68 of this Law, the SAE shall certify under its responsibility that such procedures ensure the best conditions for the State, as provided for in Article 31 of this order.
Dealing with the fruits generated by the administration of companies or properties in production, the disposal will be carried out by direct award, according to the provisions of Section IV of this Chapter.
Article 40.- The SAE will refrain from formalizing any sale, when information provided by competent authority has items to be presumed that the resources with which the corresponding good will be paid, do not have a lawful origin.
Article 41.- On sales that the SAEperforms, payment should preferably be agreed upon in a single display. The Governing Board shall issue the guidelines for the sale in several exhibitions, which will consider market conditions in similar operations, as well as the guarantees that may be provided.
Article 41a.- Once the sale has been made and paid the entire price, in case the sales value is less than the registration value accounting, shall be considered as a handicap, which operates automatically and without any need for any procedure, and must be recorded in the respective accounts.
Dealing with unaffordable and non-performing financial assets, the SAE should assess the cost of selling them through the public tender procedure, auction or auction. Where such an assessment is positive, it shall be sold through the procedure which has been determined and where the latter result is deserted or the assessment is negative, the SAE shall discharge them from the respective accounts, and maintain those assets in order accounts only for the purposes of release of collateral, possible payments and to deal with contingencies.
The unaffordable financial assets are those referred to in Article 2 (3) (3). of this order, in relation to section II of Article 17 of the Regulation of this Law.
Non-performing financial assets are those that for lack of documentation or defects in this; due to lack of guarantees; by prescription or lack of information about the debtor's domicile, cannot be recovered.
Article 42.- The SAE may establish conventional penalties by the successful bidder for backwardness in their payment obligations.
Article 43.- The payment of the movable property shall be made within five working days from the day on which the award.
In the case of immovable property, the first payment shall be covered within five working days from the day on which the award is made and represent at least 25% of the value of the transaction, plus the Value Added Tax that is generated, and the rest must be covered by the signature of the corresponding public deed. For direct awards, the first payment shall represent at least 40% of the value of the transaction.
The physical delivery and receipt of the movable property shall be made within five working days after the date on which the entire amount is covered. In the case of financial assets, the Governing Board shall determine the terms and time limits for the payment, delivery and receipt thereof.
Real estate shall be held within 30 working days of the date on which the entire price of the immovable property is covered, unless it is In the case of a term transaction, in which case the possession shall be granted within 30 working days of the date of the first payment.
The sending of the instructions for the corresponding writing may not exceed a period of more than thirty calendar days from the next day of the date of award, unless duly justified.
During that period the proof of payment, as well as the instrument in which the award of the property is recorded, shall be the documents certifying the rights of the acquirer.
In case the receipt of the goods and the writing in the case of real estate is not carried out for reasons attributable to the buyer, this will assume any the type of risk inherent in them, unless it is due to causes attributable to SAE.
Article 44.- The public tender will be issued through a call in which the cost and the form of payment of the bases will be established, if any, shall be fixed for the purpose of recovery of the posts by publication of the notice and for the documents which are delivered. Interested parties may review the bases, if any, after payment of the bases.
The publication of the call, as well as its modifications, may be made in the Official Journal of the Federation, in at least one national circulation journal and shall be disclosed through electronic, optical or any other technology that permits the expression of the offer.
In the case of securities, claims or any goods traded on exchanges, securities markets or similar schemes, a means of dissemination other than those of the indicated in the preceding paragraph, subject to the respective securities being entered in the National Securities Register in the terms of the Securities Market Act.
Article 45.- Calls will include at least:
I.- The name, name, or social reason of the transferring entity;
II.- The description, physical condition, and location of the goods. In the case of movable property, its characteristics, quantity and unit of measure shall be indicated, and in the case of real estate the total area, linderings and colindances;
IV.- The base price of the good, except in the cases referred to in the last paragraph of Article 37;
V.- The way in which the payment is to be made by the acquirer;
VII.- Place, date, times and conditions required to display photographs, catalogs, plans, or for those interested to have access to the sites where find the goods for physical inspection, where appropriate;
VIII.- Place, date and time when interested parties will be able to obtain the bidding bases, and where appropriate, the cost and manner of payment of the tender;
IX.- Deadline for stakeholders to sign up for the tender;
X.- Form and amount of the guarantee of the seriousness of the offers and the fulfilment of the obligations arising out of the contracts of sale which, if any, must to grant the persons concerned, in accordance with the provisions laid down by the Law of the Federation's Treasury Department;
XI.- The existence, if any, of encumbrances, domain limitations, or any other burden that falls on the goods;
XII.- The date, time, and place, or, where appropriate, time for the event of the failure to be held;
XIII.- Criteria for the evaluation of purchase and award offers;
XIV.- The date time and place of the proposal presentation act, and
XVI.- The indication that persons who are in the cases provided for in Article 32 of the Law will not be able to participate.
Article 46.- The tender will be considered to be deserted when any of the following assumptions are met:
I.- No person acquires the bases;
II.- No one is registered to participate in the bid opening act, or
III.- That the purchase offers that are presented are not acceptable.
It is considered that the purchase offers are not acceptable when they do not cover the sale price of the good or do not comply with all the requirements laid down in the call and at the bases.
Article 47.- The bases will be available to the interested parties from the date of publication of the call and up to five calendar days prior to the event for the submission of purchase tenders and shall contain at least the following:
I.- The exact reference of the call to which they correspond;
II.- The elements referred to in Sections II, VII, X, XIII, XVII and XVIII of Article 45 of this Law;
III.- The documents by which the data subject will accredit his legal personality;
IV.- Instructions for making and delivering or submitting purchase offers, making mention that such offers must be firm;
V.- Place, date and time when interested parties will be able to obtain the bidding bases, and where applicable, the cost and manner of payment thereof;
VI.- The clear and detailed criteria for the award of the good;
VII.- Form and terms for the formalization of the operation and physical delivery of the good. In the case of real estate, the expenses, including those of writing, shall be on the account and absolute responsibility of the acquirer. In the case of contributions, the contributions shall be made by each of the parties that cause them;
VIII.- The pointing of the causes of disqualification from the tender;
IX.- The indication that none of the conditions of the bidding bases, as well as the propositions submitted by the bidders, may be negotiated;
X.- The indication that people who are in the assumptions provided for in Article 32 of the Act will not be able to participate;
XI.- The indication that the failure will be made known by the same means in which the call was made or in public meeting, as determined, and
XII.- Any other that according to the nature of the goods or their sales condition points to the SAE.
Article 48.- The time limit for the submission of the purchase offers may not be greater than ten working days from the date of publication of the call for tender, unless by the nature of the goods, the SAE considers it appropriate to set a longer term.
The SAE will retain the warranties that have been filed, in accordance with the provisions established by the Federation's Treasury Service Act, until the failure is issued. From that date, the guarantees shall be returned to each of the persons concerned, except that of the person to whom the goods have been awarded, which shall be retained as a guarantee of compliance with the obligation and may be applied as part of the of the selling price.
Article 49.- Acts of presentation and opening of purchase offers shall be carried out in accordance with the following:
I.- The bidders will deliver their purchase offers in a closed envelope in an inviolable form, or by electronic, optical or any other technology that ensure the confidentiality of tenders up to the opening act;
II.- The opening of the purchase offers shall be made by public meeting at the latest, on the second working day following the day on which the filing deadline expires. of purchase offers;
III.- The convenor within a period of not more than three working days, counted from the act of opening of the purchase offers, shall carry out the evaluation thereof, in full compliance with the provisions of Article 31 of this Law.
The analysis of the purchase offers will be completed immediately, the failure will be issued;
IV.- The failure will be made known by the same means in which the call would have been made or in public meeting, as determined on the basis, making the knowledge published the name of the winner and the amount of the winning purchase offer. Also, where appropriate, the electronic address of the persons concerned must be informed, by registered mail with acknowledgement of receipt or other means to be determined by the SAE, that their proposals were discarded and the causes that motivated such determination, and
V.- The SAE will raise the record of the participation of the bidders, the amount of their purchase offers, the accepted offers or discarded, of the reasons why they were discarded, of the base selling price, of the name of the winner for each good, of the amount obtained for each sale, as well as of those aspects that are relevant and worthy to record in the minutes.
Article 50.- In the event of a tie in the public tender procedure, the good will be awarded to the bidder who first submitted their tender.
Article 51.- The successful bidder will lose in favor of the SAE, the guarantee it has granted if, for reasons attributable to it, the operation is not formalized within the time limit referred to in Article 43, the SAE being allowed to award the good to the participant who has submitted the second highest purchase offer which has not been disqualified, and so on, in case it does not accept the award, provided that its position is greater than or equal to the base price of fixed sale.
Where the failure to formalise the award is attributable to the SAE, the winning bidder may request that the costs be reimbursed to the SAE. recoverable from the public tender procedure, as long as they are reasonable, duly substantiated and directly related to the invitation to tender in question.
The delay of the SAE in the formalization of the purchase and sale operation will extend the date of compliance with the obligations assumed by both parties. parts.
From the Auction
Article 52.- The SAE, in accordance with the provisions of Article 39 of this Law, shall carry out the public auction procedure, which shall be carried out within 10 working days of the publication of the call.
Article 53.- The procedure will be developed in the following terms:
I. The SAE must display through electronic means the object of the auction and must provide a description of the auction;
II. The SAE will establish a period of at least 240 hours for bidders to make their offers through electronic means and in accordance with the format for this purpose to determine the SAE;
III. Interested parties will be able to improve their bids during the auction, for which they must manifest it in written form through the media electronic, and
IV. After the period that the SAE determines for the conduct of the auction, the good will be awarded to the offer that means the best conditions of price and opportunity, taking into account the type of auction that has been followed;
On the basis of the auction, the instructions for submitting purchase offers as well as the necessary documentation and requirements that the SAE will be able to require the bidders to participate in the auction, in order to ensure the fulfilment of their bids.
Article 54.- Without prejudice to the application of the provisions provided for in Chapters I and III of this Title, they shall be applicable to the auction. provisions corresponding to the public tender, in so far as they do not contravene their specific regulation.
Article 55.- The auction procedure will be performed in accordance with the provisions of Article 39 of this Law. Any auction of goods shall be public and shall be made within 10 working days following the publication of the notice referred to in the following Article.
Article 56.- For the purpose of the remate of goods, its sale will be announced by the publication of a notice in the Official Journal of the Federation, in at least one national circulation journal and through electronic, optical or any other technology.
Article 57.- Legal Posture is the one that covers at least two-thirds of the base selling price of the good.
Article 58.- The postures shall be made in writing or by any other electronic means, optical or any other technology that permits the expression of the offer, stating, the same bidder or its representative with sufficient powers:
I.- The name, legal capacity, and address of the bidder, and
II.- The amount that is offered by the goods.
The offeror, when formulating its position, must deliver as a guarantee to the SAE in the act of the auction, the percentage of the quantity offered that the SAE sets in the notice which may not be less than ten per cent of that amount, by cheque or cash. The decentralised body shall retain the amount referred to until the end of the auction and after that date it shall be returned to the offerors who have not been successful. The percentage granted in guarantee of the winning position will be applied to the payment of the well awarded.
Article 59.- If in the first currency there is no legal position, it will be quoted to another, for which within five working days the notice will be published corresponding to the publication of the notice and the date of the auction, a term of not more than three working days. The starting price of the coin shall be the basic selling price of the good, with a deduction of twenty per cent.
Article 60.- If in the second currency there is no legal position, the third one will be quoted in the form provided for in the previous article, and likewise will be carried out for the subsequent, when the same cause, until legally carrying out the auction. In each of the coins, five per cent of the price which, in the preceding one, has been used shall be deducted.
Article 61.- If the winning bidder fails to meet its obligations, the SAE will declare the auction to be without effect to quote, again, within five working days following from declared desert the auction, to the same coin, and the bidder will lose the guarantee displayed, which will be applied, as a penalty, in favor of the SAE.
Article 62.- The bidder cannot kill for a third party, but with enough power, it is forbidden to take a stand without declaring, the name of the person for whom is done.
Article 63.- The bidders will have the greatest freedom to make their proposals.
Article 64.- The SAE will decide on a plane basis according to the applicable provisions, under its responsibility, any subject that is raised, relative to the auction.
Article 65.- The day of the auction, at the time indicated, will be passed to the bidders starting the auction. From that point on, no new bidders will be admitted. The proposals will be reviewed, discarded, those that do not contain a legal position and those that are not properly guaranteed.
Article 66.- Qualified legal positions, will be read by the SAE official who is designated for such purposes, so that the Present bidders can improve them. If there are several legal positions, it will be stated that the most important amount and if several will be found exactly under the same conditions, the preference will be established by lot, which will be carried out in the presence of the bidders attending the auction.
Article 67.- The preferred declared a posture, the public server of the SAE designated for the effect, will ask if any of the bidders improve it. In case any one gets better before the question, it will be questioned if any bidder bids the improvement, and so on, the bids will be made. At any time when, after five minutes of any of the above mentioned questions, the last position or bid is not improved, the auction shall be declared on behalf of the bidder who has made it.
There will be no recourse or means of impeachment against the resolution that will end the auction.
Article 68.- The goods may be disposed of by direct award, after obtaining the opinion of the SAE, which shall be issued in accordance with the has the Regulation, which must be stated in writing, in the following cases:
I.- This is an easy-decaying or deteriorating property, or flammable, or non-fungible materials, provided that the location cannot be stored or deposited. in places appropriate for their conservation;
II.- This is goods whose preservation is unaffordable for the SAE;
III.- The value of the goods is less than the equivalent of 150,000 units of investment;
IV.- It is a matter of goods that have been released for public auction, auction in the first currency or public tender, have not been sold;
V.- It is the fruits referred to in the last paragraph of article 39 of the Law;
VI.- Be treated credits administered or owned by the SAE, whose individual payment proposal is made by a non-accredited third party;
VII.- It is a matter of goods on which there is an offer of purchase submitted by some parastatal entity of the Federal Public Administration, by the government of any federal entity or municipality, or
VIII.- Be the assumptions provided in the guidelines issued by the Governing Board for this purpose.
The payment proposal referred to in section VI of this article will be given the same treatment as would be given if it had been presented by the accredited one.
Of The Destruction Of Goods
Article 69.- The SAE may carry out the destruction of the goods in the cases established by the Regulation and the provisions governing the goods in question.
The safety, health, environmental protection and other provisions that apply shall be observed in all destruction.
The destruction of narcotics and precursor chemicals will be subject to the provisions of the Federal Criminal Code and the Federal Code of Criminal Procedures.
In all destructions, the SAE must select the least polluting method or form of destruction to minimize the risks that may be caused. Harmful emissions for humans, as well as for their environment. Likewise, the method of destruction that is selected must not be opposed to the official rules issued by the Federal, State and Municipal Governments.
Article 70.- Without prejudice to the foregoing article, they are considered as goods for which the SAE may proceed to its destruction. the following:
I.- Goods seized or abandoned related to the commission of industrial property crimes or copyrights;
II.- Goods that by their conservation status cannot be given another destination;
III.- Objects, products or substances that are in obvious state of decomposition, adulteration or contamination that do not fit them to be consumed or which may be harmful to the health of persons. In such cases, the health authorities must be given immediate intervention so that, within the scope of their powers, they authorise the destruction of this type of property;
IV.- Products or by-products of wild flora and fauna or forest products, plagued by or having any disease preventing their use, as well as dangerous goods or waste, where there is an imminent risk of ecological imbalance or pollution cases with an impact on ecosystems or public health. In such cases, the intervention of the competent authority should be requested, and
V.- All those goods, which the transferring entities make available for destruction.
Article 71.- For the destruction of goods, the law of the Federation's Treasury Department and its Rules of Procedure requires it to be destroyed. additionally the SAEDirector General's prior authorization.
Article 72.- Regardless of what the Federation Treasury Service Act and its Rules of Procedure provide, the SAE must integrate a file to proceed with the destruction of the corresponding goods, which shall contain the following documentation:
I.- Office of the dependency or entity empowered to authorize the destruction of the goods, in cases where it is necessary to obtain it.
II.- SAEDirector General Authorization Office.
III.- Notification to the Attorney General's Office, the Judicial Authority that knows about the procedure or, where appropriate, the Customs Authorities, of the destruction of property, for the purpose of obtaining the samples necessary for the agents of the Public Ministry or the judicial authority to obtain the necessary samples to be taken in the previous investigation or file.
IV.- Act of destruction of the good, which must be subscribed by the qualified public servants of the SAE, as well as other authorities to participate and a the representative of the internal control body at the SAE, who, in exercise of his or her duties, shall ensure that the legal provisions applicable to the case are strictly observed.
Article 73.- The SAE will take the record and control of all assets you have destroyed, as well as those that have been destroyed by other authorities. at his request within the scope of his/her respective privileges; the Director General of the SAE shall inform the Governing Board of any destruction of goods carried out on these terms.
Article 74.- The expenses incurred by the SAE arising from the destruction procedures will be considered as costs of administration of the goods, in terms of Article 30 of this Law.
Article 75.- Dealing with goods related to the commission of crimes or infractions relating to industrial property or copyright, the SAE, before (a) to carry out its destruction, it shall verify the final decision declaring that an administrative offence or a crime has been committed, in terms of the Industrial Property Law and the Federal Copyright Law, and that the Institute Mexican Industrial Property or, if applicable, the National Institute of the Copyright have decided to make the goods available to the competent judicial authority.
Dealing with goods whose import is prohibited or illegal, the SAE, before proceeding to its destruction, shall verify with the Authorities Customs the final decision declaring that an offence or offence has been committed, in terms of the Customs Act.
ARTICLE 76.- The SAE will be a decentralized agency of the Federal Public Administration, with legal personality and own patrimony, with its registered office in the Federal District, which shall have as its object the administration, disposal and destination of the goods referred to in Article 1 of this Law, as well as the fulfilment of the privileges laid down in Article 78 thereof.
The SAE shall be grouped in the sector coordinated by the Secretariat.
Article 77.- The SAE heritage is integrated by:
I.- The movable, immovable, and other rights that are assigned to you;
II.- The resources that are assigned to you in the Federation's Government Budget Decree;
III.- Any other income than the competent authority or applicable provisions, to the SAE.
Article 78.- For the fulfillment of its object, the SAE will have the following attributions:
I.- Receive, manage, dispose and destroy the assets of the transferring entities as provided for in this Law. As well as, carry out all acts of administration, litigation and collection and domain regarding the goods, even if it is a parastatal entity in the process of disincorporation, in those cases where the Secretariat determines it;
II.- Administer and dispose of the goods, which upon instruction of competent authority, are entrusted to them by the special nature that they keep the same;
III.- Optimize the goods to give them a destination, in accordance with the provisions contained in the Regulation;
IV.- Fungir as a visitor, conciliator and liquidator in commercial competitions and bankruptcies in accordance with the applicable provisions, such as designations in the SAE, invariably, in the case of insured companies;
V.- Liquidate majority state holding companies, national credit companies and decentralized public administration bodies Federal, as well as any class of commercial companies, civil societies or associations;
VI.- Run the mandates on behalf and representation of the Federal Government, including all legal acts entrusted to it;
VII.- Manage the credits that the Federal Government will allocate or have allocated to grant its financial support to credit institutions and organizations Credit auxiliaries, as well as the holding of all the necessary acts for the recovery of such claims, whether the institutions are rehabilitated or liquidated;
VIII.- Celebrate coordination and collaboration agreements with the governments of the federal entities, as well as with organizations of debtor producers, savings and loan companies and promotion entities in which the state and municipal governments participate, in order to assist in the recovery of the expired portfolio, with the possibility of providing for the free or onerous transfer of loans, compliance with what they set out the guidelines the Governing Board;
IX.- Extinguish public and private trusts;
X.- Fungir as a substitute trustee in trusts made up of credit institutions, insurance institutions, trust institutions, corporations (a) a limited-purpose financial and general warehouse, the liquidation of which is entrusted to the SAE, and, in respect of which the Federal Government or any State-owned entity of the Federal Government is acting as a trustee or trustee; Federal Public Administration;
XI.- Celebrate service delivery contracts necessary for the attention of the Encharges that are granted to you whose payment compliance is charged to (a) the duration of the period may be higher than the tax year in question, so where the net income is insufficient, the difference shall be covered by the special account intended to finance the operations of the SAE; referred to in Article 89 of this Law, in the terms that for such effect determines the Governing Board, in accordance with the schemes approved by the Secretariat, and
XII.- Perform all the necessary acts, contracts, and conventions to perform the above attributions.
Item 79.- SAE administration will be in charge of:
I.- The Governing Board, and
II.- The Director General.
Article 80.- The Governing Board will be integrated as follows:
I.- The Secretary of Finance and Public Credit, who will chair it;
II.- Two Subsecretaries of the Secretariat;
III.- The Federation Treasurer, and
IV.- The Chairman of the National Banking and Securities Commission.
The members of the Governing Board shall appoint and credit their respective alternate, who shall have at least the hierarchical level equivalent to that of the Director General of the Federal Public Administration Centralized.
The Governing Board will have a Technical Secretary and a Prosecretary. The Technical Secretary will have the representation of the same for all its legal effects, rendering the previous and justified reports in the trials of amparo in which the Board itself is appointed as the responsible authority.
The Technical Secretary and the Government Board of Directors will attend the sessions with voice but no vote.
The Governing Board shall meet once every three months, at least, in accordance with a schedule to be approved at the first regular session of the financial year, Furthermore, extraordinary meetings can be held, as provided for in the Organic Statute of the SAE. Its meetings shall be valid with the assistance of at least half of its members. The resolutions shall be taken by the majority of the votes of the members present, with the President having a vote of quality for the case of a tie.
Article 81.- The Governing Board will have the following powers:
I.- Set in congruence with the sectoral programs, general policies, and define the priorities to which the SAEshould be attached;
II.- Approve subject to the applicable provisions, policies, bases, and general programs, which regulate the agreements, contracts, or agreements that it must to hold the SAE with third parties for public works, acquisitions, leases, and service delivery. The Director-General and, where appropriate, the public servants who are competent in terms of the legislation of the matter, shall carry out such acts under their responsibility and subject to the guidelines laid down by the Board of Directors. Government;
III.- Analyze and approve, where appropriate, the periodic reports to be submitted by the Director General with the intervention that corresponds to the Commissioners;
IV.- Determine the general guidelines for the proper administration and disposal of the goods referred to in Article 1 of this Law, as well as for prevent them from being altered, deteriorated, disappeared or destroyed;
V.- Determine the general guidelines to which the depositaries must conform; administrators, liquidators or controllers in the use of the goods; as well as the third parties referred to in Article 1 of this Law;
VI.- Dictate the guidelines for the monitoring of the database referred to in Article 4 of this Act;
VII.- Approve the SAEprograms and budgets, proposed by the Director General, as well as their modifications, in terms of the legislation applicable;
VIII.- Approve annually, prior to the Commissioners ' report, and opinion of the external auditors, the financial statements of the SAE and authorize the publication of the same;
IX.- Approve the Organic Statute of the SAE and the basic organic structure thereof, as well as the modifications that proceed to them;
X.- Name and remove from the Director General's proposal, the public SAE servers that hold positions with the two administrative hierarchies less than that of the person, approve the fixing of their salaries and benefits, and the others who point out the Organic Statute, in accordance with the provisions of the Secretariat for that purpose;
XI.- Appoint and remove the Technical and Prosect Secretary from the Governing Board itself;
XII.-Authorize the different sales procedures in accordance with the Regulation of this Law;
XIII.- Issue the necessary guidelines for the destruction of the goods in the terms of this Law and the Regulation, as well as for other activities related to the SAEobject;
XIV.- Issue the guidelines for sale in various exhibits, for which you will consider market conditions in similar operations;
XV.- Designate and empower individuals who will make the respective notifications on behalf of SAE in terms of applicable criminal law;
XVI.- Dictate the guidelines so that the administrative structure of the SAE will operate with the resources strictly necessary for the realization of its functions in a principle of austerity and efficiency, and
XVII.- The others that are noted in this Law and other applicable legal provisions.
Article 82.- The Director General of the SAE shall send the Secretariat and the Comptroller, a report in which the operation is detailed, semi-annually. advances in the procedures referred to in this Law, as well as the disposal of the goods placed at their disposal.
Article 83.- The SAE will yield a detailed annual report to the transferring entities, in respect of the goods that each transferred to it.
Article 84.- The SAE will have a watchdog composed of a Public Commissioner and a Substitute, appointed by the Comptroller, who will have their charge the privileges conferred upon them by Articles 60 of the Federal Law of ParaState Entities, 29 and 30 of their Rules of Procedure and other applicable provisions.
The Commissioner will attend, with a voice but no vote, the sessions of the Government Board of the SAE.
Article 85.- The SAE will have an Internal Comptroller, called the Internal Control Body, at the front of which the Internal Controller will be. that body, which shall be designated in the terms of Article 37, fraction XII of the Organic Law of the Federal Public Administration, and which, in the exercise of its powers, shall be assisted by the holders of the areas of responsibility, audit, and complaints, designated on the same terms.
The holder of the internal control body, as well as those of its audit areas, complaints and responsibilities will depend on the Comptroller's Office. That body shall develop its functions in accordance with the guidelines issued by the latter.
The public servants referred to in the preceding paragraph, within the scope of their respective powers, shall exercise the powers provided for in the Organic Law of the Federal Public Administration, the Federal Law of ParaState Entities, the Federal Law of Administrative Responsibilities of Public Servants, and other applicable legal and administrative orders, as provided by the Article 47, fractions III and IV of the Rules of Procedure Comptroller.
Article 86.- The Director General of the SAE will be appointed by the Secretariat holder, upon the agreement of the Federal Executive, and the person must be the person that meets the following requirements:
I.- Being a Mexican citizen by birth, who does not acquire another nationality and is in full enjoyment and exercise of his civil and political rights;
II.- Having held high level decision-making positions, the exercise of which requires knowledge and experience in administrative matters;
III.- Not to be in any of the impediments to be a member of the governing body that points out the fractions II, III and V of Article 19 of the Federal Law of the ParaState Entities, and
IV.- Not be part of the institutions authorized to receive deductible donations in the terms of the Income Tax Act.
Item 87.- The Director General of the SAE will have the following powers:
I.- Represent the SAE for all legal effects, including labor and delegate that representation in terms of its Statute Organic;
II.- To render prior and justified reports in the trials of amparo when designated as the responsible authority;
III.- Manage the SAEbudget, in accordance with applicable provisions. In the event of a need for the provision of non-budget line items, the Director-General shall be required to obtain the approval of the Governing Board in advance;
IV.- Direct and coordinate the activities of the SAE, in accordance with the provisions of this Law, in the Regulation and in the agreements that the effect approves Governing Board;
V.- Attend, with voice but no vote, to the sessions of the Governing Board;
VI.- Name and remove depositaries, interventors or managers of the goods on a provisional basis and submit consideration to the Governing Board on final appointment; as well as remove them from office in a final manner when order of competent judicial or administrative authority;
VII.- Run the Government Board agreements;
VIII.- Present to the Governing Board for approval, the programs and budgets of the SAE;
IX.- Propose to the Governing Board the appointment or removal of the public servants from the two administrative hierarchies inferior to that of the Director himself General, as well as naming and hiring the other employees of the SAE;
X.- Pay the reports to the Governing Board related to the administration and management of the goods; regarding administration, disposal or destination, as well as to the performance of the depositaries, liquidators, auditors or appointed administrators and of the third parties referred to in Article 1 of this Law;
XI.- Set the methods that allow the optimal use of the assets of the SAE;
XII.- Collect information and statistical elements that reflect the status of the SAE functions so that you can improve your management;
XIII.- Establish the control systems required to achieve the proposed goals or objectives;
XIV.- Establish the assessment mechanisms that highlight the efficiency and effectiveness of the entity and present the Governing Board with the less twice a year the management evaluation in detail that is previously agreed with the Governing Board and listening to the Public Commissioner, and
XV.- The others that point to this Law or other applicable provisions, or those that are granted to it by the Government Board.
Article 88.- The working relationships between the SAE and its public servants will be governed by the Federal Labor Law, Regulatory of Section A) of the Article 123 Constitutional and working conditions to be established. The workers of the SAE are incorporated into the Mexican Social Security Institute regime.
Article 89.- To the resources obtained by the sales procedures referred to in Article 38 of this Law, as well as to the fruits generated by the goods to administer the SAE, the costs of administration, maintenance and preservation of the goods, fees of special commissioners that are not public servants responsible for these procedures, as well as the payments of the claims arising from the acquirers or third parties, by hidden liabilities, tax or other liabilities, non-existent assets, matters in dispute and other securities analogous to the above mentioned or those determining the Federation Revenue Act or other applicable law.
The resources derived from the sale procedures along with the fruits generated by the goods administered by the SAE, will be used for a fund, which will count with two general sub-accounts, one corresponding to the fruits and the other to the sales.
Each sub-account shall have specific sub-accounts corresponding to each good or set of goods delivered in administration or to each of the the sales procedures referred to in the previous subparagraph, so that the transfer of the resources obtained from the sub-account to the different sub-accounts may be carried out.
The resources of the specific sub-accounts, will be delivered by the SAE to whom it has the right to receive them, within the deadlines that the effect is appropriate with the Entity Transfer or with the Treasury of the Federation and in accordance with the applicable provisions. Once such resources have been delivered, the SAE will have no liability in case of claims.
Article 90.- For the purposes of the last paragraph of the previous article, and in the case of property or care of the Federal Government, the corresponding resources shall be deposited, up to the amount determined by the Governing Board, in a fund intended to finance, together with the fiscal resources of the financial year concerned and the assets of the SAE, the operations of This Agency, and the remainder shall be concentrated in the General Currency Account National of the Federation's Treasury, in terms agreed with the latter.
The balance of the fund referred to in the preceding paragraph shall be reviewed, in order to ensure that, if necessary, the necessary resources are deposited. to reach the amount set by the Governing Board.
In the case of abandoned goods, once the resources have been obtained for their sale, the costs of administration, maintenance and conservation costs of the property, special commissioners ' fees other than public servants responsible for such procedures, as well as payments of claims arising from the acquirers or third parties, for hidden, tax or other liabilities nature, non-existent assets, cases in dispute and other similar to those mentioned above or those determined by the Revenue Act of the Federation or other applicable law, and the product obtained shall be used to finance the operations of the SAE.
The resources of the fund referred to in the first paragraph of this Article, as well as those arising from the sale of abandoned goods, may not be used to finance loss-making transfers, with the exception of those mandates and other operations received by the SAE of the Liquidator Trust of Credit Institutions and Institutions, based on the eighth transitional article of the Decree for which it is issue of the Federal Law for the Administration and Disposal of Public Sector and the Federal Code of Criminal Procedures is added.
ARTICLE SECOND ...
First. This Decree shall enter into force on the 180 calendar days from the day following that of its publication in the Official Journal of the Federation.
Second. The Federal Law for the Administration of Insured, Seized, and Abandoned Goods is repealed.
Third. All laws, regulations and administrative provisions, which are contrary to the provisions of this Decree, shall be repealed.
Fourth. The cases brought before the Service of Administration of Secure Goods, which at the date of entry into force of this Decree are in the process, will continue to be processed until their conclusion by the SAE.
The resources arising from the matters referred to in the preceding paragraph shall be treated as provided for in this Decree.
Fifth. References to the Secure Goods Administration Service that make the laws and other provisions, will be construed as references to the SAE.
Sixth. The Regulations of the Federal Law for the Administration and Disposal of Public Sector Goods, as well as the Organic Statute of the SAE, shall be issued with due opportunity to enter into force on the same day as the present day. Decree.
The Director General of the SAE shall be appointed no later than 10 working days following the entry into force of this Decree.
Seventh. The financial and material resources assigned to the Secure Assets Management Service will become part of the SAEheritage.
Eighth. The mandates and other operations which up to before the date of entry into force of this Decree, the Liquidator Trust of Credit Institutions and Organizations, will be entrusted to the SAE, except within 30 calendar days of the date indicated, the mandant or the person who has issued the corresponding instructions in writing to the SAE shall be willing to terminate the mandate. Likewise, the financial, human and material resources allocated to the Trust will become part of the assets of the SAE.
Within the time limit referred to in the Transitional First of this Decree, all actions leading to the extinguishing of the Liquidator Trust must be carried out. of Credit Institutions and Organizations.
Ninth. The references to the Federal Law for the Administration of Insured, Seized and Abandoned Assets that make the laws and other provisions shall be construed as references to the Federal Law for the Administration and Disposal of Goods of the Sector Public.
Mexico, D.F., as of October 31, 2002.-Sen. Enrique Jackson Ramirez, President.-Dip. Beatriz Elena Paredes Rangel, President.-Sen. Yolanda E. González Hernández, Secretary.-Dip. Rodolfo Dorador Perez Gavilan, Secretary.-Rubicas".
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this decree at the Federal Executive Branch, in Mexico City, Federal District, on the eleven days of December, two thousand two days. Vicente Fox Quesada.-Heading.-The Secretary of Government, Santiago Creel Miranda.-Heading.