FACTORES CRITICOS

Paragraph amended FOG 01-10-2014

a) Financial entities, as well as individuals and legal entities regulated by this Law, who fail to comply with the requests of information and documents that, within the scope of their respective competent jurisdiction, are required by the Ministry, the Bank of Mexico and the Commission, within the terms, conditions and other characteristics determined by said entities.

Same penalty shall be applicable to the financial entities, as well as the individuals or legal entities regulated by this Law that do not comply with the delivery of information that, pursuant to the applicable provisions, shall be presented periodically to the Ministry, the Banco de México, or to the Commission.

Paragraph added FOG 01-10-2014

b) Mexican legal entities that directly or indirectly or through trusts or similar or equivalent legal concepts, make public offerings of securities abroad, contravening the provisions of article 7, second paragraph, of this Law.

Subparagraph amended FOG 01-10-2014

c) The members of the committees exercising audit or corporate practices duties, who fail to submit their opinion to the board of directors of public corporations, on the matters listed in subsections I, subparagraph a) and II, subparagraph a) of article 42 o f this Law, as well as the chief executive officers of this type of companies, who fail to comply with the obligations set forth in article 44, subsections IV and V, of this legal statute. Likewise, to the heads of finance and legal areas or their equivalent, that fail to comply with their obligation to revise, in the scope of their respective powers and duties, as well as subscribe the reports that article 104 of this Law refers to.

Subparagraph amended FOG 01-10-2014

d) The directors and the chief executive officer of public corporations, who fail to disclose their opinion to the investing public concerning the offering price and any conflicts of interest, as well as the decisions they shall take in respect to their own s ecurities, in accordance with the provisions of article 101, second and third paragraphs, of this Law. e) Is repealed.

Subparagraph repealed FOG 01-10-2014

Subparagraph repealed FOG 01-10-2014

g) The persons related to a corporation whose shares representing the capital stock is registered in the Registry, who fail to provide the reports mentioned in article 110 of this Law.

h) The individuals or legal entities or group of individuals or legal entities who, directly or indirectly, hold ten percent or more of the shares representing the capital stock of the public corporations, as well as the members of the board of directors and the relevant executive officers of such companies, who fail to report to the Commission and, in the cases established by it through general provisions, to the public, through the means determined by the stock exchange where the shares or negotiable instruments representing said shares, are traded, in regards to the acquisition or the transfer of such securities made in violation of the provisions of article 111 of this Law.

i) The securities firms who fail to report to the Commission, the acquisition of shares as provided in article 119 of this Law, in violation of the provisions of article 120 of this legal statute.

j) Is repealed

Subparagraph repealed FOG 01-10-2014

k) Is repealed

Subparagraph repealed FOG 01-10-2014

l) Financial entities who engage the services of individuals who are not authorized by the Commission, contravening the provisions of article 193 of this Law.

m) Financial entities who fail to register on the same day, any acts or contracts resulting in any variation or modification to the assets, liabilities, capital, or implying a direct or contingent obligation, even in their memorandum accounts, in violation of the provisions of article 205 of this Law.

n) The individuals who fail to preserve within the legal term established, any documents and information established in articles 243, second paragraph, 267, 330 or 345 of this Law.

Subparagraph amended FOG 01-10-2014

o) The financial entities that in the presentation of financial statements fail to abide by the general provisions issued by the Commission, in violation of the provisions of article 210, paragraph first of this Law.

p) The external auditors, independent from the issuers of financial entities, who fail to provide to the Commission any reports, opinions and other elements of judgment on which they support their opinions and conclusions in violation of the provisions of article 345, second paragraph of this Law.

q) Financial entities who fail to notify, within the legal term established, the opening, change of location and close down of their offices, as well as to close for business and suspend operations on the days determined by the Commission, in violation of the provisions of articles 217 or 218 of this Law.

r) The stock exchanges who suspend the trade of securities for more than twenty days, without the authorization of the Commission, in violation of the provisions of article 248 of this Law. s) The stock exchanges and the companies that manage systems to facilitate securities transactions who fail to provide the information established by the Commission through general provisions, in violation of the provisions of articles 252 or 259, second paragraph of this Law.

t) The stock exchanges and the financial entities who participate in the international quotation system, who fail to take the necessary measures so that securities that are traded through

such system, are acquired exclusively by institutional or qualified investors, in violation of the provisions of article 264, second paragraph of this Law.

u) The persons authorized to provide trading services in the securities market who fail to follow the provisions of article 308 of this Law.

v) The central counterparties of securities who fail to report to their reciprocal debtors and creditors on compliance of their obligations, as well as on the contributions they must make and any exceeding amounts there if, in violation of the provisions of article 313 of this Law. w) The central counterparties of securities who fail to serve the corresponding notice to the Commission, the Bank of Mexico and the individuals executing transactions where they act as reciprocal debtor or creditor, when they cease to have such capacity in regards to any of these, contravening the provisions of article 311 of this Law.

x) The companies managing systems to facilitate securities transactions, the price vendors and the securities rating agencies who fail to notify the Commission, within ten business days following the date on which they make any modifications to the documents that are necessary to be organized and operate as such, in violation of the provisions of articles 254, last paragraph, 324, last paragraph, or 335, last paragraph, of this Law, as the case may be.

y) The price vendors who fail to report to the Commission on the same day of their decision, of any changes made to the updated prices for the valuation of securities, derivatives and indexes, in violation of the provisions of article 328 of this Law.

z) The securities rating agencies who fail to disclose to the public, through the media determined by the Commission by general provisions, the ratings they assign to securities registered in the Registry or to be registered with it, as well as their modifications and cancellations, in violation of the provisions of article 339, first paragraph of this Law.

aa) The issuers or entities that fail to establish the guidelines, policies, and control mechanisms that articles 366, third paragraph, or 371 of this Law refer to.

Subparagraph added FOG 01-10-2014