Official Journal of the Federation on December 29, 2000
Latest Reform Published in the DOF April 28, 2014
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 MEXICAN UNITED STATES CONGRESS, D E C R E T A:
LAW THAT CREATES THE TRUST THAT WILL MANAGE THE FUND FOR THE STRENGTHENING OF SAVINGS AND LOAN SOCIETIES AND COOPERATIVES AND SUPPORT THEIR SAVERS AND ADD TO IT ARTICLE 51-B OF THE GENERAL LAW OF ORGANIZATIONS AND ANCILLARY ACTIVITIES OF CREDIT.
ARTICLE FIRST.- Law that creates the Trust that will manage the Fund for the Strengthening of Societies and Cooperatives of Savings and Loan and Support to its Savers.
ARTICLE 1o.- The Trust is created to manage the Corporate Strengthening Fund referred to in this Law, and to support its savers.
The Trust will have as its object:
I. Strengthen the financial scheme of companies defined as type "II" in Article 7o. of this Law.
Such companies shall only receive the support referred to in this Law, provided that they comply with the requirements set out in Article 8. of the same, and
II. Support the savers of the companies referred to in Article 7o. of this Law, in respect of which their insolvency has already been established and which have been the subject of the accounting audit work referred to in Article 2. X fraction of this Act.
ARTICLE 2o.- For the purposes of this Law, it is understood by:
I. A singular or plural Ahorrator: to persons who have constituted deposits in the companies referred to in the IX fraction of this article, as a partners or associates;
II. Committee: to the Technical Committee of the Trust referred to in this Law;
III. Federation: to the integration agencies referred to in the People's Savings and Credit Act;
IV. Trust: to the Trust constituted as of this Law;
V. Fiduciary: National Financial, S.N.C., Development Banking Institution;
VI. Law: to this Law;
VII. Net Savings Balance: the result of the amount recorded in the credit or equivalent documents that check the deposits made by the Saving, minus the credits you have been granted and not covered. To determine this balance, no interest will be computed;
VIII. Secretariat: to the Secretariat of Finance and Public Credit;
IX. The object of this Law, in singular or plural: to the companies referred to in Article 7o. of this Law and that they manifest their intention to adhere to the terms of the Law to regulate the Activities of the Cooperative Societies of Savings and Loan, or that by virtue of not being able to conform to the requirements established in this Law, they must proceed to be wound up and wound up or who are in bankruptcy proceedings, in competition or enter into a commercial tender;
X. Audit Jobs Accounting: to the work of analysis and evaluation of the financial statements of a society whose savers are subject to support in the terms of this Law, which will have to be paid with public resources from the entities (a) the Federal Office of the European Court of Auditors, the European Court of Auditors, the European Court of Auditors, the European Court of Auditors, the European Court of Auditors, the European Court of Auditors, the European Court of,
XI. Consolidation Works: to the works that are carried out in the Companies Object of this Law, with the exception of those mentioned in Article 7o, I, by consultants with experience in popular finance, who will be able to be hired by the Federal Government through the National Savings Bank and Financial Services, S.N.C., Institution of Development Banking or by the public institution that to the effect determined by the Secretariat. These works comprise an accounting audit consisting of the analysis and assessment of the financial statements of the company concerned to assess its assets and liabilities, as well as technical assistance to determine the conduct in terms of the financial statements. (a) of Part II and IV of Article 8 (b) or the liquidation of the Company.
ARTICLE 3o.- The Trust will be public and will have a Committee that will be composed of a representative of each of the following institutions: Treasury and Public Credit Secretariats, who will preside over it; from the Interior Ministry; from Comptroller and Administrative Development; from the National Commission for the Protection and Defense of Financial Services Users; from the National Banking and Securities, from Bank of Mexico, and a representative from each of the two governments of the federal entities that have concluded the agreements referred to in Article 10 of this Law, and which have the greatest number of Savers. For each representative of the Committee, there shall be an alternate, who shall fill in his/her absences.
The Committee will provide legal accrediting to persons who are in charge of receiving and responding to legal acts brought against their resolutions, including those acts relating to the judgments of guarantees which, where appropriate, are contrary to the decisions of the Committee itself. For this purpose, the expenses and fees incurred for such defense shall be covered by the assets of the Trust.
This Trust will not have its own organic structure, so it does not fall within the assumptions of Articles 47 of the Organic Law of Public Administration Federal and 40 of the Federal Law of ParaState Entities. Notwithstanding the foregoing and in order to comply with the purposes of the Trust, the Trustee may hire advisors, professionals as well as technical staff for fees, from the Trust's estate, not establishing a relationship work with the Trustee.
ARTICLE 4o.- (Repeals).
ARTICLE 5o.- The Fund, which shall be the assets administered by the Trust, shall be constituted by:
I. The contributions of the Federal Government.
Such contributions shall be administered in independent sub-accounts with each other and other than those in which the rest of the contributions are administered;
II. The contributions that are made by the federative entities;
III. The products that are generated by the investment and the administration of the resources and assets with which the Fund is provided;
IV. The assets to be provided to the Fund, and
V. The others who, by other concepts, are provided for the best fulfillment of their purposes.
ARTICLE 6o.- The Trust's trustee will be the Federal Government, through the Secretariat.
(Second paragraph is repealed).
The Committee will have, in an enunciative, more non-limiting manner, the following faculties:
I. Approve the minimum terms of reference, according to which the Accounting Jobs of the companies whose savers are subject to the support provided by this Law for the purpose of ensuring that the resources of this Trust are applied in a transparent manner;
II. Approve the bases and procedures through which the amounts to be paid that have been determined in the Work of Respective Accounting Audit, as well as the mechanisms for identifying Savers, the procedures for determining the amounts to be delivered to them, as well as the procedures for documenting such deliveries;
III. Determine the requirements to be met by the Savers ' Voucher credit claim documents to be considered valid, as well as the methods of identifying such Savers;
IV. Instruct that the relevant actions be carried out for the implementation of the support scheme to be determined in the Consolidation Work, which will establish when the financial recovery of the Object Society of this Law is feasible. in question, and when not, as well as the scheme to be implemented, and the amount necessary for its sanitation;
V. Approve the bases and procedures through which the Societies Object of this Law will be recognized and will be supported, as well as the procedures for documenting such supports;
VI. Authorize the conclusion of the acts, conventions and contracts of which they may derive affections for the Trust's patrimony, as well as those necessary for the fulfilment of its purposes;
VII. Authorize, in charge of the Trust's assets, the necessary expenses, for the management of the Trust, including the fees that correspond to the Trust, as well as those resulting from the process of extinction of the Trust;
VIII. Instruct the Trustee, in writing regarding the investment of the Trust's liquid funds;
IX. Periodically assess the operational aspects of the Trust;
X. Review and approve, where appropriate, the reports that the Trust will give on the management of the fideicomitting heritage;
XI. Monitor that the resources to be provided to the Trust are intended to be used for their purposes;
XII. Define the criteria and dictate decisions on the exercise of the actions that come with the defense of the Trust's patrimony, communicating these criteria and decisions in writing to the Trustee;
XIII. Rotate instructions to the Trustee about the persons to whom the mandate or powers should be conferred to fulfill the secondary, related and related functions to the trust or to the defense of the fideicomitting patrimony, expressly stating when the President (s) or proxy (s) may delegate their powers to third parties;
XIV. Propose the modifications that are intended to be made to the Trust;
XV. Determine the cases in which the Trustee may waive the receivables for which it has been subrogated in terms of the Article 11, SIXTH Base of this Law or in which it has a creditor character by virtue of the support granted in terms of Article 8. Bis of this Law, provided that elements are presented to the Committee that make such a waiver for the benefit of savers not supported by the Trust or is considered suitable to achieve the purpose of this Law or to give viability to the support schemes implemented under the same; or, where the Trustee so requests under the notorious legal or material impossibility of making the said rights effective, that the processes to be followed to make them effective are excessively burdensome. Where it is determined to waive the payment entitlements in accordance with the provisions of this fraction, the resources provided shall be lost;
XVI. Approve that the activities referred to in the previous fractions are carried out, in the cases of Societies Subject to this Law they are in bankruptcy proceedings, in competition or are placed in a commercial tender, and
XVII. Determine the amounts of the assets administered by the Trust referred to in Article 5o, which shall be established in the sub-accounts for the strengthening of Societies Subject to this Law and for support to Savers, respectively; and
XVIII. Any other derivative of the applicable law and of this Law, necessary for the fulfilment of the purposes of the Trust.
ARTICLE 7o.- The Societies Object of this Law, will be divided into:
I. Companies of type "I": a) Savings and loan companies that have been constituted under the General Law of Auxiliary Organizations and Activities of the Credit and no longer carry out active or passive operations; b) Cooperative societies that have savings and loan sections that have been organized in accordance with the General Law of Cooperative Societies, and no longer perform active operations (c) Associations and Civil Societies which have been carried out (d) Social Solidarity Societies referred to in the Law on Social Solidarity Societies, which have been established by the Law of Social Solidarity Societies, which have already been established by the Law of Social Solidarity Societies. carried out activities for the collection of resources of its members for placement between them, which no longer carry out active or passive operations and, (e) Cooperative Savings and Loan Societies that have been classified in category D, by the Auxiliary Supervision Committee of the Protection Fund provided for in the Law to regulate the Activities of the Cooperative Savings Societies and Loan, or that they have not complied with the provisions of Article 1 or Part II of the Third Transitional Article of the latter that are or do not carry out active and passive operations.
In the cases referred to in points (c) and (d), it shall be further required that during the time they performed such operations, they have observed the first Article 38-P of the General Law of Credit Organizations and Activities of Credit, regarding the number of members or the amount of assets mentioned in the General Rules issued by the Secretariat, that is, that they are indistinct is met with the requirement that the total number of its partners was not greater than five hundred regardless of the total amount of their assets, or, having been this largest number, the amount of their assets did not exceed one and a half million pesos;
For the purposes of the companies referred to in points (c) and (d) above, it shall also be the subject of this Law, which has applied for authorization to the Secretary to constitute and operate as savings and loan companies.
II. Companies of type "II": To the same companies as referred to in points (a), (b), (c) and (d) of the preceding immediate fraction, which are currently in operation.
ARTICLE 8o.- You may only benefit from the content of this order, the Companies Subject to this Law, which meet the following requirements and conditions:
I. To be legally constituted before 31 December 2002, or to have registered in the register referred to in Article 7 of the Law for Regular Activities of the Cooperative Savings and Loan Societies before 1 February 2014, or having been constituted by 13 August 2009 at the latest and no longer holding passive and active operations before 31 December 2012.
II. Dealing with the companies referred to in the first paragraph of the preceding article, they must submit to a Accounting Audit Work and accept the result of the same. In the case of the companies referred to in Part II of the same Article, they shall be subject to a Consolidation Work, as well as their result, which shall be derived from which any of the schemes referred to in the Article 8. BIS of this Act;
In case the Consolidation Work determines the origin of the dissolution and settlement scheme, such Work will establish the assets of the Company in question. The Company in question will use its liquid assets to decrease its liabilities with the Savers, prior to the Trust's participation in the support process.
III. Sign the corresponding agreement with the Trustee, in case the Consolidation Work that has been applied determines the source for the the granting of some of the support referred to in Article 8 (2) and (IV). BIS next. In this agreement, the Companies that are the subject of this Law will be obliged to follow up and comply accurately with the scheme that the Consolidation Work has determined to be applicable.
The aforementioned agreement will include, among other issues, the sanctions to be made by the Society Object of this Law, in the event that it does not comply with some of its provisions, as well as any of the obligations imposed on it by this Law;
IV. Is Repealed.
V. Dealing with companies whose savers are subject to support in accordance with Article 1. In the case of the companies mentioned in Article 7 (1) of this Law, they must prove that they have initiated the formalities for carrying out the Audit Work with the purpose of determining their insolvency in the case of the companies referred to in Article 7 (1). the companies identified in the second paragraph of that Article must prove that the Consolidation Work has been initiated.
Second paragraph. It is repealed.
Third paragraph. It is repealed.
Fourth paragraph. It is repealed.
In the case of the support referred to in the scheme described in section II of Article 8o BIS, the Companies Subject to this Law must present a certified copy of the agreements of the competent bodies in the or those which have been agreed to merge with a Cooperative Society of Savings and Loan with Levels of Operation of the I to IV, or, of the legal or financial scheme involving the cession of assets and liabilities to any person, meeting the requirements set out in this Law and in accordance with other legal provisions, as well as accept to submit to what the merging or transferee entity determines, in relation to the integration of its Governing Bodies.
Sixth paragraph. It is repealed.
VI. Dealing with Companies Object of this Law that are in bankruptcy proceedings, in contest or are placed in a commercial or civil contest, comply with the requirements referred to in Sections I, II and V of this Article, on the understanding that the Accounting Audit Works may be carried out by the receiver in the case of the bankruptcy procedure, or by the specialists in the insolvency proceedings, or by their equivalents in the civil contest, as appropriate.
ARTICLE 8o BIS.- The schemas that can be implemented as a result of the Consolidation Jobs are as follows:
I. Dissolution and liquidation; in which case the Companies Object of this Law to which this scheme applies must submit to an Audit Work Accounting and perform the corporate acts for those purposes, within the deadlines that the Committee, as a condition for the payment to be made to its Savers, in addition to complying with the other requirements that are set out in this Law;
II. Fusion with a Cooperative Savings and Loan Company with Operating Levels from I to IV, or some other legal or financial scheme that involves the disposal of assets and liabilities to any person, meeting the requirements that establish in this Law and in accordance with other legal provisions. This schema must be secured to the following:
a) Only the Companies Object of this Law that have not been supported will be able to participate in this scheme through one of the schemes identified in this fraction, as well as in the following fraction IV;
b) The corresponding Consolidation Work, will have to classify the credit portfolio of the Company Object of this Law in question, identifying the current and past due, as well as qualifying the credit portfolio itself and estimating the missing provisions, in accordance with the Rules issued by the National Banking and Securities, applicable to the Cooperative Savings and Loan Companies with Levels of Operation I to IV in this subject;
(c) The missing provisions to be determined in accordance with the rating that is made of the portfolio in the Consolidation Work, it shall be covered by the Trust's assets and the entire portfolio shall be managed by the merging or transferee company, for which the necessary legal acts shall be carried out;
e) In the agreement with the Fiduciary, an incentive scheme will be established in order to achieve the highest possible recovery of the portfolio that has been provided by the Trust's assets;
f) The portfolio that has been classified as a expired portfolio and has this character for a longer term of 270 days from the date of issue of such classification, shall be deemed to be irrecoverable, the Committee shall be ordered to order its bankruptcy, and
g) The Object Society of this Law shall carry out the necessary corporate and administrative acts, to write down the necessary losses and contributions, according to the following:
i) Apply the positive items of the accounting capital of the Company Law, to the absorption of losses having the same derivative of the portfolio's provisioning in accordance with the applicable rules;
(ii) The application referred to in the above fraction shall be reduced the share capital to write down losses;
iii) Derivative of the above, the social parts of the Society Object of this Law will be taken at their book value for the purposes of the exchange referred to in the following number (iv;
iv) In case of merger or disposal of assets and liabilities with a Cooperative Savings Company and Loan with Level of Operation I to IV, in exercise of its preferential right and according to the percentage of its social participation, the partners shall make the corresponding contributions in order to obtain the exchange of the social parts, within the period which is appropriate with the Cooperative Savings and Loan Company with Level of Operation I to IV, the latter being considered to make the corresponding contributions, and
v) The Society Object of this Law that has divested its assets and liabilities, must enter into dissolution status.
III. It is repealed.
IV. Any other different schema of the above, pointing out the corresponding rules and conditions, which is proposed in the Consolidation Works as an alternative for the sanitation of the Society Object of this Law.
The companies to which any of the schemes mentioned in this article apply, will have the obligation to submit reports to the Trust with the periodicity that the latter establishes, both of the advances in the process of dissolution and liquidation in the case of the scheme contained in the fraction I, and of the fulfillment of the goals established in the conventions to which the fraction III refers Article 8o. Without prejudice to the foregoing, the companies referred to in this paragraph shall provide any other information requested by the Trustee or the Committee at the time.
The benefits that, if any, consider the schemes contained in this article, may only be applied to the Companies Subject to this Law in a occasion, and once the application of one of the schemes described in this article is determined, the society concerned will not be able to access any other.
Likewise, the schemes referred to in the previous fractions II and IV shall only apply where the support to be granted by the Trust in terms of These fractions are set to be lower than the amount for the same company the Trust should provide for the scheme of the payment to Savers, and they must be implemented, if they come, within the time limits specified in the Consolidation, without any such implementation exceeding a deadline of twelve months from the date of the results of the work being notified to the company. In the event that the cost of the support referred to above is greater or if the schemes are not implemented within the time limit laid down in the Consolidation Work, the dissolution and liquidation provided for in part I of this Article shall proceed.
ARTICLE 9o.- (Repeals).
ARTICLE 10.- The application of federal resources for the payment of Savers, will be conditional on the subscription of agreements made by the Trustee in compliance with the purposes of the Trust created by this Law, with the governments of the Federative Entities in which the Savers reside. Federal entities that have the object of this Law within their territorial division will be invited to sign these agreements, in which the amounts of contributions from both parties will be established.
Once the agreement has been signed with the federal entity concerned and the resources are provided by it, the federal resources will be applied in respect of this, regardless of the signature of other conventions.
If the process of payment to the Savers of the Companies Object of this Law is concluded, and once the respective closing act is signed, there will be some remnant of resources provided by a federal entity in accordance with Article 5 (2) (II). of this Law, these will be reinstated to the respective state government.
ARTICLE 11.- The Trustee, in compliance with the purposes of the Trust, shall make payments for the Savers, provided that they so request under the terms set out in this Law, within 60 calendar days from the date on which the Committee publishes the procedure under which the corresponding payment will be made, as it must be published in the Official Journal of the Federation and, at least, in two of the newspapers of greater circulation local to the federal entity concerned, for two consecutive days.
Dealing with the Companies Object of this Law that are in bankruptcy proceedings, in contest or enter into a process of commercial contest, the Trust only make payments to Savers who are recognised within that procedure or process.
The payments referred to in this Article shall be made in accordance with the following:
FIRST.- (First paragraph is repealed).
The basic amount of payment will be 10 thousand pesos, which will be adjusted with the result of applying the rate of performance in primary placement of the Certificates of the Treasury of the Federation denominated in national currency, within 182 days, published by the Bank of Mexico in the Official Journal of the Federation, or in its defect, that is equivalent to the said deadline, provided by a supplier of prices, calculated as from December 2000 and until December 2002, this will be apply to any Society that is the subject of this Act that is in a state of proven insolvency or is not financially viable in accordance with the Accounting and Consolidation Audit Work, as the case may be.
SECOND.- Any saver that has a Net Savings Balance equal to or less than nineteen times the adjusted basic payment amount referred to in the FIRST Base, receive 70% of that balance.
In the event that the Net Savings Balance is greater than zero and the Saver has granted guarantees in favour of the company concerned, the company must release them from conformity with the rules which the Committee may issue for this purpose, which must at all times observe the basic guidelines of the compensation referred to in the Fourth Book, Title V, Chapter I of the Federal Civil Code.
THIRD.- The Saver whose Net Savings Balance rebase the amount equivalent to nineteen times the basic amount of adjusted payment as outlined in the Base FIRST, you may receive 70% of that amount. If this option is exercised, the Ahorrador will yield 100% of its credit rights to the Trust in the terms of the base of this article. In the event that no such option is exercised, their rights to exercise the appropriate legal actions shall be protected.
FOURTH.- Savers subject to these supports must meet the requirements of this same order to be eligible for payments to which refer to these Bases.
The Committee is empowered to decide on the rules and to determine the procedures for the acts of administration and domain that it carries out on the goods to which it refers. Article 5 (IV) and (V). of this Law.
QUINTA.- The Ahorrator must state in writing that it cedes all of its credit rights for affectation to the Trust's estate, complying with the requirements and formalities laid down for the case that the company is in bankruptcy proceedings or in the process of a commercial competition; that it expressly waives the payment of the interest which has been generated in its favour and those which may be generated up to the time the payment is made, and that no action is taken or any right which may exist in his favour, against the insolvent company concerned, the trust, members of the Committee, the Secretariat, its unconcentrated organs, those who are part of the public administration state, of its officials or of those who carry out the Consolidation Work, for the acts deriving from this Law.
Credit titles or proof documents representing the total of the credit rights must be given to the Trust against payment performed.
SIXTH.- The Trust, in compliance with the purposes of the Trust, may be subrogated to all the rights of both credit, and of a litigious nature that derive of the securities or documents delivered by the Savers, as determined by the Committee, which shall instruct the Trustee itself to make use of them when it is possible to contribute to the fact that savers who are not supported by the Trust in terms of this Law, achieve some recovery of its resources deposited in the companies concerned, if necessary, and in charge of the fideicomitting assets, the corresponding professional services. Similarly, the Committee may instruct the Trustee to give up the recovery of the resources which may correspond to the transfer which the Savers have done in their favour, only when it is intended to procure the greater recovery of savers not supported by the Trust, in which case the resources used to pay savers will be considered as a lost fund.
The Fiduciary in no case will be able to benefit from any remaining balance in favor; instead it will be obliged to assist with the Public Ministry in the criminal cases linked to the processes referred to in this Law, to its conclusion.
EIGHTH.- Savers who are required to file annual income tax returns must attach statements made during the years in which they have had such a character, up to a maximum of five years, or, for as long as they have been obliged to submit it, if the latter is less than the term of the corresponding credit or voucher document.
NOVENA.- In the event that prior to the procedure of dissolution and liquidation or, if any, of the commercial contest of any Society Object of this Law, it originates some kind of criminal or civil liability attributable to the administrators, or whoever is in charge of the administrators, must have been exercised by the Savers, where appropriate, in a timely manner, the corresponding actions in the terms and time limits specified in the respective laws, with the aim to obtain compensation for the damage and damages.
ARTICLE 12.- The rights of recovery in which the Trustee has been subrogated shall be deemed to be broken by virtue of the notorious legal impossibility or material of make them effective, or when the processes to be followed to make them effective are excessively burdensome. For these purposes, the notification that the Trustee shall make to the Committee by expressing that the circumstances described have been presented shall be sufficient. Where the bankruptcy is determined in accordance with the provisions of this Article, the resources provided for the payment to savers shall be lost.
ARTICLE 13.- (Repeals).
ARTICLE 14.- The Secretariat may issue general rules, in order to contribute to the best interpretation and observance of this Law.
FIRST.- This Law shall enter into force on the day following that of its publication in the Official Journal of the Federation.
SECOND.- For the purposes of this Act the Trust shall be deemed to be constituted on the same date as the previous article.
THIRD.- The period during which the Trust will operate that will manage the Fund for the Strengthening of Savings and Loan and Loan Societies and Support for your Savers will be two years from the start of your activities or when your estate is extinguished under the terms of this Act, whichever is the first.
If, at the end of your operation, there are remaining public resources, they will apply to the fund or funds that exist to ensure the proper functioning of the public funds. companies engaged in popular savings and credit, which are regulated by a law that has as its object to regulate, promote and facilitate the service of the collection of resources, credit placement and the granting of other financial services by the same. In the absence of such Funds they will be reintegrated into the Federation's Treasury.
FOURTH.- Payments to affected savers will be initiated no later than 10 business days after the day on which the required requirements have been met. Law, and will continue in the successive order in which such savers are presented, making payments until they exhaust the assets of the Trust as provided for in Article 5 of this Law, with the exception of the resources provided for the reorganization of the the companies referred to in Article 12 of this same order.
Without prejudice to the foregoing, once the balance of the Trust's assets is equal to or less than 175 million pesos, it must begin the necessary formalities. for extinction.
SIXTH.- For the purposes of this Law, the first paragraph of Article 51-B of the General Law of Credit Organizations and Activities of Credit is added.
ARTICLE SECOND.- ..........
ONLY.- The addition to the 51-B of the Law mentioned in the previous article will enter into force on the day following its publication in the Official Journal of the Federation.
Mexico, D.F., at 21 December 2000.-Dip. Ricardo Garcia Cervantes, President.-Sen. Enrique Jackson Ramirez, President.-Dip. Manuel Medellin Milan, Secretary.-Sen. Sara Castellanos Cortes, 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 request the present Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, at the twenty-seventh day of December of two thousand.- Vicente Fox Quesada.-Heading.-The Secretary of the Interior, Santiago Creel Miranda.-Heading.