ORGANIC LAW OF THE NATIONAL BANK OF PUBLIC WORKS AND SERVICES
Official Journal of the Federation on January 20, 1986
Latest Reform Published in the DOF January 10, 2014
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
MIGUEL DE LA MADRID H., Constitutional President of the United Mexican States, to its inhabitants, known:
That the H. Congress of the Union has been used to address the following:
" The Congress of the United Mexican States, decrees:
ORGANIC LAW OF THE NATIONAL BANK OF PUBLIC WORKS AND SERVICES
Of Society, Naming, Object, and Address
Article 1o.- This Law governs the National Bank of Public Works and Services, the National Credit Society, the institution of development banking, with legal personality and equity.
Article 2o.- The Company, as a development bank, will provide the public banking and credit service in accordance with the objectives and priorities of the National Plan of Development, and in particular of the National Development Financing Program, according to the sectoral and regional programs and the state and municipal plans, to promote and finance the activities and sectors entrusted to it in the This Law.
Article 3o.- The National Bank of Public Works and Services, as an institution of development banking, will have the purpose of financing or refinancing projects. directly or indirectly related to public or private investment in infrastructure and public services, as well as with the same operations to help the institutional strengthening of the Federal, State and municipal governments, with the purpose of contributing to the country's sustainable development.
The operation and operation of the institution will be carried out in accordance with the applicable legal framework and sound banking practices and practices, seeking to achieve sectors entrusted with the provision of the public banking and credit service, the general objectives set out in Article 4 (o). of the Credit Institutions Act.
Article 4.- The domicile of the National Bank of Public Works and Services, the National Credit Society, the institution of development banking, will be the one to be set in its Rules of Procedure. Organic, may establish or close branches or agencies or any other kind of office and appoint correspondents, in the country or abroad, after authorization from the Secretariat of Finance and Public Credit.
Article 5o.- The duration of the Company will be indefinite.
Objectives and Operations
Article 6o.- The Company, in order to seek the efficiency and competitiveness of the sectors entrusted in the exercise of its object, shall be empowered to:
I. To contribute in the field of its competence, to the strengthening of the federal pact and the free municipality in the terms of Article 115 constitutional to achieve the balanced development of the country and the decentralization of national life with the efficient and timely attention to regional or sectorally priority activities; as well as to boost investment and private financing in infrastructure and public services;
II. Promote and finance the provision of infrastructure, public services, urban equipment, as well as institutional modernization and strengthening in States and Municipalities;
III. Finance and provide technical assistance to municipalities for the formulation, administration and implementation of their urban development plans and for the creation and management of territorial and ecological reserves, as well as structure and coordinating investment projects;
III Bis.- Promote funding programs to expand coverage of public services and generate the productive infrastructure needed to boost the regional development of indigenous areas;
IV. Provide technical and financial assistance for the best use of credit resources and the development of local authorities, finance infrastructure projects and public services. The Company will not be able to administer public works and services carried out with its financing;
V. Support housing programs and the rational use of urban land;
VI. Financing the development of the communications and transport sectors; and
VII. Encourage joint financing and assistance actions with other credit institutions, development funds, trusts, credit support organizations, and with the social and private sectors.
Article 7o.- For compliance with the objectives referred to in Articles 3o. and 6o. The Company may:
I. Perform operations and provide the services referred to in Article 46 of the Credit Institutions Act.
The operations referred to in Article 46, fractions I and II shall be carried out in the terms of Article 47 of that order;
II. Issue development bank bonds. Such securities shall seek to promote the development of the capital market and institutional investment, shall be capable of being placed among the large investor public, in which case the respective legal provisions shall apply to it;
III. Grant appropriations to the subjects covered by the areas referred to in Article 3o. of this Law;
IV. Take charge of, or guarantee the issuance of securities and credit certificates in series, issued or guaranteed by the agencies and entities of the Federal Public Administration, the Federal District, the states and municipalities and those that issue the Company itself in the exercise of its fiduciary duties, subject to the authorization of the Secretariat of Finance and Public Credit;
V. Grant guarantees and, where appropriate, grant financing to Mexican companies for the development of projects or the execution of public works abroad;
VI. Grant endorsements and guarantees;
VII. Promote and provide technical assistance for the identification, formulation and execution of projects of credit subjects operating in the sectors entrusted to the Institution;
VIII. Hire credits whose resources are channelled into the sectors, in accordance with applicable legal provisions;
IX. It may act upon request from the governments of the Federal District, the States and Municipalities, as well as their respective parastatals and paramuncipales, as a financial agent or as a technical adviser in the planning, financing and implementing programmes, projects and works of public or social interest related to the object of the Society;
X. Participate temporarily in the share capital of companies linked to the object referred to in Article 3o. of this Law, according to the parameters set out in the organic regulation of the Society;
X Bis. Make the investments provided for in Articles 75, 88 and 89 of the Law of Credit Institutions;
XI. To guarantee third-party obligations, either through particular operations or by massive guarantee programs, without the limitations provided for in Article 46 (VIII) of the Credit Institutions Act applicable, and
XII. Other activities similar to and related to their objectives in terms that the Secretariat of Finance and Public Credit, including those of financial agent of the Federal Government, points out to it in the terms of the legal provisions applicable.
Article 8o.- The credits that are granted to the federal entities and to the municipalities and their respective state and paramunitial entities, as well as to the organizations and subject to credit from the sectors corresponding to their social object, they must satisfy the requirements that are indicated, for each case, in the Organic Regulation of the Company or in the agreements of the Board of Directors.
Article 9o.- In the trust contracts held by the Company, the Company may act in the same business as a trustee and as a trustee and perform operations with the Company itself in the fulfilment of trusts.
Article 10.- The Secretariat of Finance and Public Credit, as an exception to the provisions of Articles 48 of the Law on Credit Institutions and 26 of the Law of the Bank of Mexico shall determine by general provisions the characteristics of the active, passive operations that do not involve the collection of resources from the public and services, except for trusts, mandates and commissions, To perform the Society to fulfill the objective and to exercise the faculties that they have been entrusted with their character of development banking in this Law.
It is for the Bank of Mexico, in the terms of its Law, to regulate by means of general provisions, the characteristics of passive operations involving Collection of public resources, trusts, mandates and commissions, money market operations, as well as financial operations known as derivatives held by the Company.
Article 11.- The Federal Government will respond at all times, from the passive operations arranged by the National Bank of Public Works and Services, National Credit Society, Development banking institution:
I. With national physical or moral persons; and
II. With private, governmental, and intergovernmental foreign institutions.
Article 12.- The social capital of the National Bank of Public Works and Services, the National Credit Society, an institution of development banking, will be represented by 'A' certificate of 'A' and 'B' series of 66% of the 'A' series and 34% of the series 'B'. The nominal value of these certificates shall be determined in their Organic Regulation.
The "A" series will only be signed by the Federal Government, will be issued in a title that will not carry coupons, which will be untransmittable and at no time will be able to change its nature or the rights conferred on it by the Federal Government itself.
The series "B" may be subscribed by the Federal Government, by the governments of the Federative Entities and by the municipalities and by Mexican physical and moral persons.
The Secretariat of Finance and Public Credit may authorize entities of the Federal Public Administration and the governments of the federal entities and municipalities to acquire 'B' series of certificates in a higher proportion than that laid down in Article 15 of the Regulatory Law of the Public Service of Banking and Credit.
Article 13.- The net capital referred to in Article 34 of the Regulatory Law of the Public Service of Banking and Credit shall be the one set by the Secretariat of Finance and Credit Public, hearing the opinion of the Bank of Mexico and the National Banking and Insurance Commission.
Article 14.- At no time may any foreign natural or moral person, or Mexican company, be involved in any form in the capital of the Company. Foreign direct and indirect exclusion clause is included.
The persons who contravene the provisions of this Article shall lose the participation of the Federal Government in favour of the Federal Government.
Article 15.- The Secretariat of Finance and Public Credit will establish the form, proportions and other conditions applicable to the subscription, tenure and circulation of the "B" string certificates.
Administration and Surveillance
Article 16.- The administration of the National Bank of Public Works and Services, National Credit Society, development banking institution, will be entrusted to a Council Manager and a Director General, in their respective spheres of competence.
Article 17.- The Board of Directors shall be composed of fourteen designated counselors as follows:
I. Seven members will represent the "A" series of heritage certificates that will be:
a) The Secretary of Finance and Public Credit, who will chair the Board of Directors.
b) The headlines of the Social Development Secretariats; Tourism; Communications and Transportation; the Undersecretary of Finance and Public Credit; the Deputy Secretary of State, and a representative appointed by the Governor of the Bank of Mexico within the top 3 hierarchical levels of the central institute.
They will be alternates of the mentioned counsellors, preferably the public servants of the level next immediate bottom.
II. Five "B" series advisers for certificates of financial contribution, represented by three Governors or two of these and the Head of Government of the Federal District and two Municipal Presidents, who will be appointed from among the governments of the States and Municipalities.
III. Two external directors of the "B" series appointed by the Federal Executive, through the Secretariat of Finance and Public Credit, which will have the character of independent directors. The appointment of independent directors shall be made by persons of Mexican nationality who, for their knowledge, good repute, professional prestige and experience, are widely recognized.
The Board of Directors may invite persons whose activities are related to the object of the Society to their sessions.
On the agenda of the Board of Directors sessions, the issues to be discussed should be listed and general issues should not be included.
Article 18.- The Board of Directors shall meet at least quarterly and shall validly meet with the assistance of six or more counsellors, provided that They include a minimum of four of those named by the "A" series.
The resolutions will be taken by a majority of the votes of the members present, with the President having a vote of quality, in case of a tie.
The independent counsel shall not have an alternate and shall attend at least seventy per cent of the sessions which have been convened in an exercise and otherwise may be designated another with the same characteristics in place, provided that the absences are not justified in the judgment of the Board of Directors.
Article 19.- They will not be able to be counselors:
I. The persons who are in the cases referred to in the penultimate paragraph of Article 41 of the Credit Institutions Act;
II. Two or more people who have, each other, kinship to the third degree by consanguinity or by affinity.
If any of the appointed members are to be understood, during the course of his/her duties, in any of the above cases, he/she shall be replaced by his/her alternate for the duration of the impediment and not the owner's adviser is appointed.
III. Additionally, the independent counsel should not have:
a) Gender or employment link with the Society;
b) Important patrimonial Nexus and/or employment relationship with natural or moral person who is a creditor, debtor, client or provider of the Company;
c) Conflict of interest with the Company, as clients, suppliers, debtors, creditors, important or of any other nature, and
d) The representation of associations, guilds, federations, confederations of workers, employers, or sectors of attention that relate to the object of the Society or are members of its management bodies.
Advisors will be required to communicate to the Chairman of the Board of Directors on any situation that may result in a conflict of interest, as well as to abstain from participate in the corresponding deliberation. They shall also maintain absolute confidentiality on all acts, events or events that may affect the operation of the Company, including the deliberations of the Board of Directors, while such information has not been made. knowledge of the public.
Article 20.- The Board shall direct the Company in the terms of the provisions of Article 20 and other matters relating to the Regulatory Law of the Public Service of Banking and Credit.
The Board of Directors may agree to carry out the operations inherent in the object of the Company. The agreements that in their case dictate the operations provided for in sections VI and XI of Article 30 of the Regulatory Law of the Public Service of Banking and Credit shall consider the proposal of the Director General.
Article 21.- The following are also the powers of the Board of Directors:
I. Approve the Annual Activities report presented to you by the Director General; and
II. Approve the other specific programs and internal regulations of the Company, presented by the Director General, in order to submit them to the authorization of the Secretariat of Finance and Public Credit.
III. Issue the rules and criteria to which the compilation and exercise of the Company's current expenditure and physical investment budget should be subject, as well as the approval of that budget and the modifications to be made during the exercise, once authorized the global amounts of these concepts by the Secretariat of Finance and Public Credit, and
IV. Approve, on a proposal from the human resources and institutional development committee, in accordance with the provisions of article 42, fraction XVIII of the Law of Credit Institutions, the organic structure, tabulators of salaries and benefits, wage policy and for the granting of extraordinary perceptions for the fulfillment of goals that are subject to the evaluation of performance, taking into account the conditions of the labor market prevailing in the Mexican financial system; promotions, promotions and retirements; selection guidelines, recruitment and training; separation criteria; and other economic and social security benefits established for the benefit of the public servants working in the Company.
Article 22.- The Director General will be appointed by the Federal Executive through the Secretary of Finance and Public Credit, and this appointment must be placed in a person who meets the requirements laid down in Article 24 of the Regulatory Law of the Banking and Credit Service.
Article 23.- The Director General shall be responsible for the administration and legal representation of the National Bank for Public Works and Services, the National Credit Company, institution of development banking, without prejudice to the powers that correspond to the Board of Directors, to the effect it shall have the following powers and functions:
I. In the exercise of its powers of legal representation, it may conclude or grant all kinds of acts and documents inherent in the object of the Society. For this purpose, it will have the most extensive powers to carry out acts of dominion, administration, litigation and collection, even those that require special authorization according to other laws or regulations. In such a virtue and in an enunciative and non-limiting manner, they may issue, endorse and negotiate titles of credit, claim and grant forgiveness, exercise and desist from judicial proceedings, including in the judgment of amparo; compromise on arbitrators and (a) to provide general and special powers with all the powers which are responsible for it, even those requiring special provision, replacing them, revoking them and granting powers of substitution to the proxies; Board of Directors in the case of granting general powers for domain acts;
I Bis. Inform the Secretariat, prior to the authorization of the instances the operations that may be linked to the object of the other development banking institutions;
II. Run the resolutions of the Board of Directors;
III. Take the social signature;
IV. Act as a General Trust Delegate;
V. Those that point to the Organic Regulation; and
VI. Please delegate to the Board of Directors.
VII. Deciding the designation and hiring of the public servants of the Society, different from those mentioned in Article 42 of the Credit Institutions Act, as well as the appointment and removal of trust delegates; manage staff as a whole, and establish and organize the institution's offices;
VIII. Authorize the publication of the institution's monthly balance sheets, in accordance with the bases agreed by the Board of Directors, and
IX. Participate in the sessions of the Board of Directors with a voice, but without a vote.
Article 24.- The supervision of the Company shall be carried out by the organs and in the terms indicated in the Law of Credit Institutions and the provisions of general character issued by the National Banking and Securities Commission.
Article 24a.- They are causes of removal of the "B" series counselors and the independent counselors:
I. Mental incapacity, as well as physical incapacity to prevent the correct exercise of their functions for more than six months;
II. Failure to comply with the Directing Council agreements or to act deliberately in excess or defect of their privileges;
III. Use, for personal or third-party benefit, the confidential information available to you on the basis of your charge, as well as disclose such information without the authorization of the Board of Directors, and
IV. Submit knowingly to the consideration of the Board of Directors, false information.
In addition to the causes of removal identified in this precept, the directors of the "A" series and the Director General will be removed from their position when their responsibility by final judgment given by competent authority, to be placed in any of the cases contained in the Federal Law on Administrative Responsibilities of Public Servants.
Item 25.- (Repealed)
Article 26.- The Directors, Directors, Directors, Deputy Directors, Managers and Trustees of the Company will only be required to acquit positions or (a) to testify in court on behalf of the same, where the positions and questions are submitted by way of trade, which shall be in writing within the meaning of the respective authorities.
Article 27.- The Secretariat of Finance and Public Credit will interpret this Law for administrative purposes and may issue the additional provisions required in the the application of the same.
Article 28.- The Company's operations and services shall be governed by the provisions of this Law and shall be provided by the Regulatory Law of the Public Service of Banking and Credit, by the Organic Law of the Bank of Mexico and by the other applicable legal provisions.
Article 29.- The Company will annually formulate its financial programs, general spending and investment budgets, as well as its operational programs to the guidelines, measures and mechanisms established by the Secretariat of Finance and Public Credit.
The modalities in the allocation of resources will be authorized by the Secretariat of Finance and Public Credit, in the terms of Article 31 of the Law of Institutions of Credit; which shall ensure the best use and the most appropriate channelling of the resources of the institution in the framework of the management autonomy required for its effective operation in accordance with the applicable legal provisions.
Article 30.- Prior to the authorization of the Secretariat of Finance and Public Credit, the Company shall constitute the reserves and funds necessary for the proper performance of the The purpose of this Law is to commend it. The quantities that have been taken to those reserves and funds shall not be considered as remaining operational.
Fixed the amount of the remaining and separate the amount that corresponds to pay for the respective tax and for the participation of the workers in the profits of the institution, the balance shall be applied in accordance with the terms laid down in the Organic Regulation.
Article 31.- The Company will grant its financing through private financial institutions that partially or fully assume the risk of recovery these supports.
The provisions of the preceding paragraph shall not apply to the following operations:
I. The equity investment and investments in the money market;
II. The financing for a total amount equal to that determined by the Board of Directors, with the prior authorization of the Secretariat of Finance and Public Credit;
III. The operations corresponding to the work-related benefits granted in a general manner;
IV. The operations carried out with the Federal Government, the parastatal sector entities, federal entities and the municipalities;
V. The financing of infrastructure and public services projects that are derived from concessions, contracts for the provision of services, public works, housing and industrial parks, permits and authorizations of the authorities federal, federal entities and municipalities as well as their parastate and paramicillicentities.
The financing of this fraction may be granted as long as it is a majority of projects related to its object.
Article 32.- The Society will have a human resources and institutional development committee, which will be integrated as follows:
Three representatives of the Secretariat of Finance and Public Credit, the Deputy Secretary of State, the Undersecretary of Finance and Public Credit and the Head of the Unit of Development Banking;
A person appointed by the Board of Directors, who for their knowledge and professional development, has extensive experience in the area of human resources;
The independent counsel;
The Director General of the Society, and
A representative of the National Banking and Securities Commission with voice, but no vote.
The Director-General of the Company shall refrain from participating in the Committee's meetings, which are intended to issue opinions or recommendations with regard to his/her salary, economic benefits and social security benefits.
This Committee will express and propose, the tabulators of salaries and benefits, wage policy and the granting of extraordinary perceptions for the fulfillment of targets subject to performance evaluation; promotion, promotion and retirement policies; selection, recruitment and training guidelines; separation criteria; and other economic and social security benefits established in the the benefit of the public servants working in the Society.
The Secretariat of Finance and Public Credit will establish criteria in terms of occupational structure, wage movements, extraordinary perceptions, and (a) benefits, which must be observed by the Committee. The Company shall also provide the Secretariat with the information it requests.
This Committee will meet at the request of the Director General of the Society, who will send the respective call to the members of the Society, where he will establish the order of the day, as well as the place and date for the celebration of the session. Their decisions will be taken by a majority of votes. The Undersecretary of Finance and Public Credit, who will preside over it, will have a vote of quality in case of a tie. The Committee will also have a technical secretary, who will have a voice, but without a vote.
The other members of the Committee shall have their alternate members, except the independent counsel and the professional with experience in the area of human resources. who will preferably be public servants of the next immediate lower level and must have at least a general manager level.
In the event of the absence of the Deputy Secretary of Finance and Public Credit, without prejudice to the right to vote of his alternate, he shall preside over the Committee and shall exercise the vote of Holder of the Development Banking Unit.
Article 33.- The Society shall be State Advisory Councils, which shall be integrated at least by the following persons: two public servants of the Company, appointed by the Director-General of the Company, of which the highest-ranking or senior director shall have the character of the chairman of the respective advisory board; a public servant representing the federal entity concerned; appointed by the Chief Executive of the appropriate State; a person representing the municipalities that make up the entity designated by the State Executive, as well as three representatives of the sectors to which the Company is headed, who will be appointed by the Guild, association or organization dome within the entity, of the sector to which each of them represents.
State Advisory Councils will have the following powers:
I. To assist in the development of programs to promote the sectors to which the Society is heading, as well as to the financial intermediaries involved in the achievement of these programs;
II. Make proposals to improve the quality of the products and services offered by the Society;
III. Detect the business areas within the federal entity concerned, susceptible to support and financing by the Society;
IV. To assist within the scope of its competence in the dissemination and promotion of the products and services offered by the Society, within the sectors to which it is addressed;
V. Receive information on credit placement figures, at the state and municipal level;
VI. To discuss financing projects, regional and state development plans, and the Society's economic outlook;
VII. To discuss the main projects of the Society;
VIII. Create, when deemed necessary, Regional Advisory Committees within the federative entity concerned, in order to address the specific needs of the regions and municipalities that make up it, and
IX. The others to be conferred on you by the Board of Directors of the Company.
The State Advisory Councils will have a secretary to be elected from among the members themselves, who will make the corresponding appointment. by the voting process. The Registrar shall be responsible for the lifting of the minutes of the sessions, which shall be signed by the assistants.
The office of president and secretary shall be of one year from the date on which each one is appointed.
The State Advisory Councils shall be in ordinary form at least in a bimonthly or extraordinary manner if required.
The calls and sessions of the State Advisory Councils, as well as the other corporate matters, will be in accordance with the provisions of the Board of Directors of the Company.
Article 34.- The Society will have a National Advisory Council that will be composed of the 31 governors of the States of the Mexican Republic and the Head of Government of the Federal District to propose to the Board of Directors, through the Director General of the Society projects of financing and regional and state development plans, as well as to know the results and Compliance with the financial programme which the Company carried out in the financial year Previous immediate. For such purposes, the Director General of the Company shall submit to the National Advisory Board, in session, the reference information, within one hundred and twenty days following the closing of each financial year.
The National Advisory Council will have a president and a secretary who will be elected from among its members through the voting process. The Registrar shall be responsible for the lifting of the minutes of the sessions, which shall be signed by the assistants.
The office of president and secretary shall be of one year from the date on which each one is appointed.
The calls and sessions of the National Advisory Council, as well as the other matters of a corporate nature, shall be in accordance with the provisions of the Council Manager of the Company.
Article 35.- The Company shall provide the legal assistance and defense services to the members of its Board of Directors, committees established by it or provided for by law and by public servants working or working in the institution itself, in respect of the acts which those persons carry out in the exercise of the functions entrusted to them by law and compliance with the guidelines to be issued by the Secretariat of Finance and Public Credit.
Such legal assistance and defence shall be provided even if the persons indicated cease to perform their duties or provide their services to the Company, provided that they are acts performed in the performance of their duties or activities in the service of the Company.
Legal assistance and advocacy will be provided by the resources with which the Company will count for these purposes. If the competent authority gives the subject of the legal aid final judgment which it causes to be enforceable against him, that person shall reimburse the Company for the costs and any other charges which it has made with respect to the reason for legal assistance and advocacy.
The provisions of this article shall apply without prejudice to the obligation of the subjects of legal assistance and defense to render the reports to them. required in terms of the applicable legal provisions as part of the performance of their duties.
Article First.- This Law will take effect the day after its publication in the Official Journal of the Federation.
Article Second.- This Law abrogates the Organic Law of the National Bank of Public Works and Services, S. A. dated December 27, 1980, published in the Official Journal of the Federation on December 31 of the same year.
Article Third.- The authorizations, powers, mandates and other legal acts and administrative measures, granted, dictated or concluded in accordance with the Law that is repealed, remain in force until they are revoked or amended by the competent authorities and bodies.
Article 4.- The Organic Regulation of the Company shall be issued within a period not greater than 180 days from the date of the validity of this Law. Until such time, it will continue in force on 26 July 1985.
Article Fifth.- The registered office of the National Bank of Public Works and Services, National Credit Society, institution of development banking, will be Mexico City, Federal District, until the Organic Regulation referred to in the previous article is not issued.
Article 6.- The credit titles that the institution withdraws from the market for normal or anticipated amortization, will of course be cancelled in an indubitable way and incinerated.
Mexico, D. F., at 21 December 1985.- Fernando Ortiz Arana, Dip. President.- Socorro Díaz Palacios, President.- Rebeca Arenas Martínez, Dip. Secretary.- Guillermo Mercado Romero. -Sen. Secretary.-Rubicas. "
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States and for their proper publication and observance, I hereby express my request for the Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, at the twenty-three days of the month of December of a thousand nine hundred and eighty-five.- Miguel de la Madrid H.-Heading.-The Secretary of Government, Manuel Bartlett D.-Heading.-P.A. of the Secretary of Finance and Public Credit, the Assistant Secretary of the Office, Francisco Suárez Davila.-Heading.-The Secretary of the Comptroller General of the Federation, Francisco Rojas Gutiérrez.-Heading.-The Secretary of Communications and Transport, Daniel Diaz Diaz.-Heading.-The Secretary of Urban Development and Ecology, Guillermo Carrillo Arena.-Heading.-The Secretary of Tourism, Antonio Enriquez Savignac.-Heading.