Control de la diabetes

Article 399.- Notifications of requirements, ordinary and special inspection visits, precautionary measures, information and documents requests, citations, services of process, resolutions on the imposition of administrative penalties or of any act putting an end to the suspension, revocation of authorizations or concessions and cancellation of authorizations or registrations procedures contemplated in this Law, as well as any acts resulting in the denial of authorizations, concessions or registrations and the administrative resolutions regarding any motion for revocation and the acquittance requests filed under this Law, shall be given in any of the following manners:

Paragraph amended FOG 01-10-2014

I. Personally, according to the following:

a) In the financial authorities’ offices, in terms of the provisions of article 402 of this Law. b) In the interested party’s address, in terms of the provisions of articles 403 and 406 of this

Law.

c) In any place where the interested party is found, in the events set forth in article 404 of this Law.

II. By means of an official communication delivered by messenger or certified mail, both with return receipt requested.

III. Through notice by publication, in the events listed in article 407 of this Law. IV. Through electronic means, in the event set forth in article 408 of this Law.

In respect to the information and documentation that must be presented by the inspectors of the Commission regarding an inspection visit, what is set forth in article 5, first paragraph of the National Banking and Securities Commission Law and other applicable provisions must be observed.

Paragraph added FOG 01-10-2014

For effects of this Chapter, financial authorities shall be understood as the Ministry, Commission, and the Banco de México.

Article 400.- The authorizations and concessions issued according to this Law, the revocations or cancellations of any authorizations or registrations requested by the interested party, any acts derived from procedures filed as per the request of the interested party and any other acts different to those established in article 399 of this Law, may be notified as provided by said article or through the delivery of the official communication in which the corresponding act is contained, at the offices of the financial authority serving the notification, obtaining in a copy of such official communication the signature and name of the person receiving the same, or else, through ordinary mail, telegram, fax, e-mail or courier.

The financial authorities may serve notifications by e-mail, whenever the interested party so requests in writing providing the e-mail address to which the resolution to be notified must be sent, leaving proof in the corresponding file, of the date and time in which such notification was given.

The notification of the acts mentioned in this article shall become effective on the next business day following the day in which it is practiced, in case it is delivered at the aforementioned offices or following the day it is received in any other cases.

Article 401.- Notifications of investigation visits and those of declaration of an intervention established in this Law shall be made in one single act, without the need of any citation.

These notices shall be processed with the chief executive officer of the company and, in absence of the latter, with the officer or employee of the highest level present. In connection with investigation visits notifications to be given to individuals, they shall be processed with the interested party and, in their absence with any family member or individual who may be at the corresponding address.

Any notifications mentioned in this article shall be effective upon being served.

Article 402.- Personal notifications shall be made at the offices of the financial authorities, when the interested party attends to the same; to such end, whoever is in charge of the notification delivery shall prepare minutes by duplicate stating that the interested party was informed of the content of the official communication which certifies the administrative act that is to be notified; further it shall be stated, as appropriate, any other circumstances as provided in the antepenultimate paragraph of article 403 of this Law. The duplicate of the minutes shall be delivered to the interested party.

If the interested party refuses to sign or to receive the aforementioned official communication or the duplicate of the notification minutes, such circumstance shall be stated in the minutes, without affecting the validity of the notification.

Any personal notification set forth in this article shall be effective on the next business day following the one in which it would have been practiced.

Article 403.- Personal notifications shall also be practiced with the interested party, in the last address provided to the corresponding financial authority or in the last address it reported to the same authority during the relevant administrative procedure; minutes shall be prepared to such end in terms of the antepenultimate paragraph of this article.

In the event that the interested party is not present in the aforementioned address, the public officer in charge of serving the notification shall deliver a citation to the individual taking care of the notification procedure, so that the interested party awaits on a fixed time of the next business day and, in said citation the interested party being cited shall be warned that failure to attend on the day and time indicated, shall cause that the notification be practiced with anyone in attendance or if the address is closed or the individuals therein refuse to receive the relevant notification, the officer shall serve the notification as provided in article 406. The public officer shall make the corresponding minute as provided in the antepenultimate paragraph of article 406, certifying that he delivered the aforementioned notification.

The aforementioned citation shall be prepared by duplicate and addressed to the interested party, indicating date and time of issuance, date and time to await the public server in charge of the notification, who shall write down his name, position and signature in such citation, the purpose of his appearance and the relevant warning, as well as the name and signature of the individual receiving the same. In the event that the latter refused to sign, such circumstance shall be stated in the corresponding citation, without such circumstance affecting its validity.

On the day and time set to carry out the procedure that resulted in the citation, the server shall appear to the corresponding address and if the individual being cited is found, he shall proceed to prepare the minutes in the terms specified in the antepenultimate paragraph of this article.

In the event the individual summoned is not found, the notice shall be served on any individual found at the address where the notification process is taking place; for such purposes, minutes shall be prepared as provided in the following paragraph.

In any case, whoever takes care of serving the notification shall prepare minutes by duplicate stating, in addition to the aforementioned circumstances, his name, position and signature; that he appeared to the address and verified that it was the address he was looking for; that he served the notification to the interested party or to the person that took care of the procedure, with the previous identification of said individuals, the official communication containing the administrative act that is to be notified, stating the identification data of the same; the appointment of two witnesses; the place, time and date in which the minutes are written down; the identification means exhibited and the name of the interested party or the person taking care of the procedures and of the witnesses appointed. If the individuals involved refuse to sign or to receive the notification minutes, such circumstance shall be mentioned in the minutes without affecting the validity of the same.

For the appointment of the witnesses, the server of the notification shall request the interested party or the individual taking care of the procedure for their appointment; should they refuse or should the witnesses appointed would not accept their appointment, the same server in charge of the notification shall do so.

The personal notices set forth in this article shall become effective on the next business day following the date in which they have been practiced.

Article 404.- In the event that the individual in charge of serving the notice shall have made the search in the address mentioned in the first paragraph of article 403 of this Law, and the individual with whom the procedure is carried out denies that such address belongs to the interested party, the server shall prepare minutes to state such circumstance. Such minutes shall meet, as appropriate, the requirements set forth in the antepenultimate paragraph of article 403 of this legal statute.

In the event set forth in this legal provision, the server may serve personal notifications anywhere the interested party is found. For purposes of this notification, the individual serving the same shall prepare minutes stating that the individual being served is known to him personally or to have been identified to him by two witnesses, in addition to state, as appropriate, the provisions of the antepenultimate paragraph of the aforementioned article 403, or else to have the notification procedure certified before a notary public or commercial notary public.

Personal notifications set forth in this article shall become effective on the next business day following the one they have been served.

Article 405.- The notifications carried out by means of an official communication delivered by messenger or certified mail, return receipt requested, shall be effective on the next business day following the day written down in the receipt acknowledgement as reception date.

Article 406.- In the event that on the day and time indicated in the citation that might have been left in terms of article 403 of this Law, the individual in charge of the notification procedure finds the corresponding address closed or else the interested party or whoever takes care of the notification refuses to receive the official communication subject matter of the notification, the warning mentioned in the aforementioned citation shall be made effective. To such effect the notification shall be made before two witnesses appointed to such end, by a citation service to be fixed in a visible place of the premises, attaching the official communication containing the act to be notified.

The aforementioned citation service shall be made by duplicate and it shall be addressed to the interested party. Such citation service shall contain the circumstances due to which it became necessary to practice the notification through such means, the place and time of the issuance and the signature of the witnesses; the name, position and signature of whoever prepares the citation process; the name, identification data and signature of the witnesses; the statement that the individual in charge of the notification service appeared at the address and verified that it was the address registered for the notification service and the identification data of the official communication containing the administrative act being notified.

The citation service shall constitute prima facie evidence of the existence of the acts, actions or inactions contained therein. The notifications by citation service shall become effective on the next business day following the day on which they have been practiced.

Article 407.- Notifications by publication shall be made in the event that the interested party has disappeared, died, the address is unknown or it is impossible to have access to said address, the interested party would not have a known representative or address in the Mexican territory or is abroad and failed to leave a representative in the Mexican territory.

For such purposes, an extract of the corresponding official communication shall be published for three consecutive times, in a newspaper of national circulation, regardless of the fact that the financial authority in charge of the notification discloses the notification by publication in its website of the worldwide net named Internet, indicating that the original official communication is available to the interested party at the address that shall also be indicated in said notification by publication.

Notifications by publication shall become effective on the next business day following the day of the last publication.

Article 408.- The notifications by electronic means shall be made provided the interested party has so agreed or expressly requested in writing to the financial authorities, through the automated systems and with the safety mechanisms that such authorities may establish.

The notifications by electronic means shall become effective on the next business day following the one entered in the corresponding reception registration.

Article 409.- Notwithstanding the provisions of this Chapter, notifications not made according to the same, shall be understood as legally made and shall become effective on the next business day following the one on which the interested party expresses to be aware of its content.

Article 410.- For purposes of this Law, the members of the board of directors, chief executive officers, examiners, managing directors, managers, officers, trust delegates, statutory comptroller, executive officers with a level immediately below the chief executive officer, attorneys-in-fact to enter into transactions with the public or to trade in the stock exchange and other individuals who may bind with their signature the companies regulated by this Law, may indicate the Commission in writing, their address to hear and receive notifications related to the acts pertaining to the performance of their position, which shall be located within the national territory.

Should individuals mentioned in the preceding paragraph fail to indicate the address in terms of such paragraph, it shall be understood that they accept as their address the one of the company where they perform their position, employment or commission.

For everything set forth hereunder, it shall be considered as the company’s address the last one provided to the Commission or indicated in the corresponding administrative procedure.

Article 411.- The notifications received by the public corporations or stock exchange investment promotion corporations of any acts that must be informed to their shareholders’ meeting or board of directors’ meeting, shall be informed to the chairperson of the board of directors, who shall summon the shareholders’ meeting or the corporate body that is competent to such effect in order to adopt the appropriate measures.

Except as otherwise established in other applicable legal provisions, the terms shall be counted as of the business day following the one on which the notification shall have become effective.

The provisions of this Chapter shall not apply to the information and documents requests made by the public servants of the Commission under an inspection visit made in terms of this Law.

Title XVI