Deputy Sánchez Romero (PT) proposed an initiative that reforms articles 61 and 115 of the Credit Institutions Law
Deputy Celeste Sánchez Romero (PT) presented an initiative to establish that credit institutions must inform the Ministry of Finance and Public Credit (SHCP), through the National Banking and Securities Commission (CNBV), of those accounts that They have not registered any movement in a period of 3 years, as well as amounts that they maintain, prior to sending them to the global account.
This, in order for the SHCP to determine if they are related to operations of illicit origin and if they should be the subject of notice or complaint before the Attorney General’s Office for the purpose that, if it considers it, to promote the procedure of extinction of corresponding domain, consider.
The amendment to articles 61 and 115 of the Credit Institutions Law, assigned to the Finance and Public Credit Commission, specifies that the computation of the three-year term provided will be suspended from the date on which the Secretariat has informed the CNBV on the incorporation of the owner or one of the co-owners of the capture instruments in question, to the list of blocked persons referred to in article 115 of this law, until they are eliminated from it.
Regarding the rights derived from deposits and investments and their interests without movement in the course of three years counted from when the latter are deposited in the global account, it is proposed that the amount per account does not exceed the equivalent of three hundred Units of Measure and Update and that will prescribe in favor of the patrimony of the public charity, to be applied in a preferential way to the public policies of rehabilitation of people with addictions.
In the amendment to article 115, it explains that the credit institutions that are in charge of accounts or fund-raising instruments, whose owners or joint owners are included in the list of blocked persons referred to in this article, must notify the Secretariat about said accounts and their amounts, in the terms and term established through the general provisions referred to in this article.
It adds that the resources kept in said accounts may not be credited to the global account provided for by the aforementioned article 61, unless the blocking of said persons has been determined after said payment. In any case, the statute of limitations provided for in the fourth paragraph of article 61 of this Law shall be suspended as soon as the owners or joint owners are incorporated into said list of blocked persons.
The resources that work in the accounts or collection instruments referred to in the previous paragraph, with respect to which the owner or a co-owner has not exercised the right to a hearing and filed any means of defense within the deadlines established by the respective laws, nor is there a legal proceeding underway for the same purpose, they may be subject to the action for the extinction of ownership, in terms of the provisions of article 190 of the National Law on the Forfeiture of Domain.
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