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| titulo | ARTICLE 29-I HOW THE AMOUNT OF RIGHTS IS DETERMINED FOR THE INSPECTION AND SURVEILLANCE SERVICES PROVIDED BY THE NATIONAL BANKING AND STOCK COMMISSION |
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| nombre_clave | Art. 29I |
| contenido | ARTICLE 29-I HOW THE AMOUNT OF RIGHTS IS DETERMINED FOR THE INSPECTION AND SURVEILLANCE SERVICES PROVIDED BY THE NATIONAL BANKING AND STOCK COMMISSION
For the determination of the amounts of the rights payable corresponding to articles 29-D sections I to VIII, XII to XVIII and XX, and 29-H of the Law --506-Art. 29D-- --506-Art. 29H-- or if the option contained in sections IX and X of the aforementioned article 29-D is exercise --506-Art. 29D--, including in all these cases the subsidiaries of foreign financial entities of any kind, the monthly average of the data or figures of the variables that apply should be used, corresponding to the period between the months of August of the immediate fiscal year prior to the year in which the calculation is made and the eleven months prior to it. Where appropriate, the most recent information available to the National Banking and Stock Commission (Comisión Nacional Bancaria y de Valores) will be used. For the determination of the amounts of the rights payable corresponding to section XI of article 29-D of the Law --506-Art. 29D--, including the subsidiaries of foreign financial entities of any kind, and in the event that the Investment Companies have exercised the option established in said section, should be used the total of operations registered as sales of assets subject to investment made by the Investment Company, or the total of operations reported as purchases of said assets, as the case may be, valued at the price at which they were negotiated, corresponding to the period between the months of August of the immediately preceding fiscal year of the year in which the calculation is made and the eleven months prior to it, using the financial information that they periodically send to the National Banking and Stock Commission (Comisión Nacional Bancaria y de Valores), in accordance with the applicable provisions or, where appropriate, the most recent information available to them said commission. As regards the companies included in section VIII of article 29-D of the Law --506-Art. 29D--, the fee will be determined using the most recent information available to the National Banking and Stock Commission (Comisión Nacional Bancaria y de Valores) as of August 31 of the fiscal year immediately preceding that in which the calculation is made. In the case of mergers of financial entities or subsidiaries of foreign financial entities of any kind that had been verified during the previous fiscal year, the financial entity that subsists from the merger must add the figures resulting from the application of the factors that correspond to it, plus the figures resulting from the application of the factors related to the merged entity, using the monthly average, in terms of the provisions of the first paragraph of this article. In the event that the merger in question has been verified within the period referred to in the first paragraph of this article, the merging or newly created entity, will use the monthly average of the data or figures of the variables that, according to the case, result from adding to the figures obtained from the application of the factors that correspond to it, the figures resulting from the application of the factors that correspond to the merged entity, during the period between the month immediately preceding in which the merger and the months prior to it have been authorized according to the period referred to in the first paragraph of this article, added with the data or figures resulting from the application of the factors corresponding to the merging or newly created entity during the period between the month in which the merger is authorized and the month of August. In the case of Issuers, the fees in charge shall be determined in accordance with the provisions of article 29-F of this Chapter --506-Art. 29F--. For the purposes of the foregoing, the outstanding amount of the emissions used as the basis of the calculation must be used, as of October 31 of the fiscal year immediately preceding that in which the calculation is made. In the case of titles or securities registered in the National Registry of Securities (Registro Nacional de Valores) during the last two months of the fiscal year immediately prior to that in which the fee is calculated, the information as of December 31 of that year should be used as a basis. In the case of shares representing capital stock, the financial statements of the issuing company will be based on, corresponding to the fiscal year immediately preceding that in which the calculation is made, or in the absence, the financial statements of the recent fiscal year to count on, they have been provided to the National Banking and Stock Commission (Comisión Nacional Bancaria y de Valores). The Secretary of Finance and Public Credit (Secretaría de Hacienda y Crédito Público) will announce to the entities of the corresponding sectors, as an administrative facility, the result of the arithmetic operations provided for in article 29-D of the Law --506-Art. 29D-- according to the information provided by the National Banking and Stock Commission (Comisión Nacional Bancaria y de Valores). For the determination of the rights to be paid by the companies included in section XIX of article 29-D of the Law --506-Art. 29D--, the fee will be determined using the average of the information for the second quarter of the fiscal year immediately preceding the year in which the calculation is made and the three quarters prior to it. In the case of shares representing the capital stock of Anonymous Stock Exchange or Anonymous Promoters of the Stock Market Investment, the type of company in question should be considered and, where appropriate, compliance with the program for the progressive adoption of the regime applicable to Anonymous Stock Exchange as of December 31 of the year immediately preceding that in which the payment must be made. |
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