August 21, 2020 / Banking and Finance
On August 11, the National Commission for the Protection and Defense of Users of Financial Services (hereinafter, “CONDUSEF“) published on the Federal Official Gazette, the “AGREEMENT by which it is informed to the public the continuity of the processes and procedures before CONDUSEF, as well as the customer service to users that attend in person to the customer service modules; and through which it is maintained the deadline and time limit suspension in the procedures indicated due to virus SARS-CoV2 contingency” (hereinafter, the “Agreement“).
The purpose of such Agreement is to be consistent with the measures established by health authorities by adopting a new scheme regarding the Customer Service in order to decrease the clustering of Users in CONDUSEF offices when seeking in-person customer service.
In order to comply with the Law for the Protection and Defense of Users of Financial Services, Article 1[1] and, at the same time, to take measures due to the pandemic, CONDUSEF had to innovate its procedures regarding customer service by implementing several technological tools helping the exercise of their faculties in a remote manner.
From the foregoing, the content of such Agreement is briefly mentioned below:
i) The calculation of the legal time limits and deadlines corresponding to the administrative acts and procedures will be resumed, which —in compliance with their duties— are made and processed before the different administrative units of CONDUSEF in terms of the relevant laws[2].
ii) CONDUSEF favors the use of remote media for the processes and procedures as indicated below:
| Processes/ procedures | Remote Media | ||
|
I |
Technical-Legal Attention |
By telephone
Chat |
55 53 400 999
|
| II | Complaint Reception
|
Electronic Complaint | https://phpapps.condusef.gob.mx/margo.0.1/index.php |
|
III
|
Claim Reception |
Claim Referral | Mexican Postal Service; or Courier Service to the closest Customer Service Unit to the address of the financial service Users. |
| Prior appointment scheduled through the Website or by Telephone |
https://phpapps.condusef.gob.mx/citasInternet/index.php 55 53 400 999 |
||
|
IV |
Conciliaiton Hearings |
By Telephone, registry in the telephone conciliation system [3] (COT) |
https://webapps.condusef.gob.mx/conciliación/jsp/solicitudcot.jsp
|
| V | Ruling Request | Website | https://www.condusef.gob.mx/?p=contenido&idc_1341&idcat=1
|
|
VI |
Ruling Notice |
Prior appointment scheduled once the user receives the notice informing that the legal resolution has been issued.
|
https://phpapps.condusef.gob.mx/citasInternet/index.php
|
| VII | Free legal advocacy aplicability request
|
Website |
https://www.condusef.gob.mx/?p=contenido&idc=1331&idcat=1
|
| VIII | In-person attention for processes related to the free legal advocacy
|
Exclusively with prior appointment. |
|
|
IX |
Tracking queries related to the free legal advocacy processes
|
Remotely through videoconference, with prior appointment. |
|
|
X |
Dilligence and appearing related to free legal advocacy processes
|
In person, with prior appointment scheduled through the website. |
|
|
XI |
Documentation delivery regarding the compliance with obligations of the Financial Institutions for the Registry of Financial Service Providers (SIPRES) and the Electronic Management System (SIGE) | Through electronic media and USB or CD devices. | |
In addition, when the financial service Users and Financial Institution representatives require in-person attention in the Customer Service Units or Offices of CONDUSEF, the prior appointment will only be scheduled on the website https://www.condusef.gob.mx, in the section corresponding to the process.
iii) Pursuant to the administrative acts and procedures that must be made and explained before the several administrative units of CONDUSEF, which are enlisted below, the days from August 3, 2020 to August 14, 2020 will be deemed as non-business days for all legal purposes; therefore, those days will not be counted within the relevant legal deadlines and time limits:
a) Supervision, inspection, and verification to the Financial Institutions;
b) Subpoena, application, and notice of penalties to the Financial Institutions;
c) Submission of requests for fine absolution; and
d) Review Resources.
The promotions entered from August 3, 2020 to August 14, 2020 before the administrative units of CONDUSEF will enter into force from the next business day.
iv) Exclusively for purposes of Customer Service, administrative acts and procedures made, explained, that must be processed, or that are in process before the Customer Service Unit BA9 (based in Sonora)the days from August 3, 2020 to August 14, 2020 will be deemed as non-business days; therefore, for all legal purposes, those days will not be counted within the relevant legal deadlines and time limits. The Electronic Complaint and Appearing-by-Telephone procedures made through remote media will not apply to the foregoing.
v) Exclusively for purposes of customer service, administrative acts and procedures made, explained, that must be processed, or that are in process before the Customer Service Unit BB6 (based in Colima)the days from August 3, 2020 to August 14, 2020 will be deemed as non-business days; therefore, for all legal purposes, those days will not be counted within the relevant legal deadlines and time periods. The Electronic Complaint and Appearing-by-Telephone procedures made through remote media will not apply to the foregoing.
vi) Information access request addressing(of ARCO rights), as well as complying with the requirements and resolutions issued by the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) will be addressed properly, provided that the search, localization, centralization management and actions, or any other process to obtain the information requested does not imply risk situations for the employees of the administrative units ascribed to the same.[4]
vii) Financial service Users may track the processes and procedures undertaken by CONDUSEF through the website: https://phpapps.condusef.gob.mx/condusefenlinea/TATJ_ext.php
viii) From August 17, 2020, the Electronic Notice System (SINE) will have available for Financial Institutions to submit promotions, documents, and requirements and reports attention regarding any process undertaken in CONDUSEF. Therefor, the institutions must register in SINE through the website: https://www.condisef.gob.mx by using their Institution Number with which they access to the Registry of Financial Service Providers (SIPRES).
ix) Financial service Users, from September 1, 2020, may register in the Sole Registry for Processes (RUT) through the website: https://www.condusef.gob.mx, through which: (i) Users may submit queries, promotions, complaints, requests, or comply with requirements through digital or digitalized documents and; (ii) CONDUSEF will notify any relevant administrative act or resolution through digital documents.
More information
Miguel Gallardo
Alejandra Lobato
[1] Article 1, “…the purpose of this Law is to protect and defend the rights and interests of the financial service users provided by public, private, and social institutions duly authorized, as well as to regulate the organization, procedures, and functioning of the public entity in charge of such functions.”
[2] Law for the Protection and Defense of Users of Financial Services, Law of Credit Organizations and Auxiliary Activities, Credit Institutions Act, Law on Financial Service Transparency, Law to Regulate Credit Information Corporations, and Federal Law of Administrative Procedure.
[3] Pursuant to the Law for the Protection and Defense of Users of Financial Services.
[4] Pursuant to the established by the Ministry of Health and considering the personnel reincorporating the essential activities under the “Agreement through which the applicable criteria are established for the human resources management in Branches and Entities of the Public Federal Administration to mitigate the spread of Coronavirus COVID-19” published by the Ministry of Public Administration in the FOG on July 31, 2020.