SPEI 2.0 – New Regulation for Indirect Participants

Hogan Lovells
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Hogan Lovells

[co-author: Manuel Valdez]

New rules the Mexican electronic-transfer system known as SPEI were published on March 23, 2022 affecting fintech companies and smaller players that indirectly connect to this system through other bigger financial institutions.

These amendments have as their main focus of attention to (i) regulate entities that do not have a direct connection to the system but that are connected through other larger institutions and banks like fintech companies, (ii) set thresholds for these indirect participants to become direct participants and if they fail to connect directly, to disconnect their indirect connection, (iii) regulate and set minimum provisions that agreements entered into and between by indirect participants and direct participants need to have, (iv) compel direct participants, who offer to their clients and indirect connection to the SPEI to become clearinghouses; and (v) set the obligation to all participant (direct and indirect) to issue and accept CODI (a standard QR form) payments between clients.

The schedule for these provisions to become effective is complex but financial institutions, fintech companies and other entities connected to the SPEI will be required to implement changes and become compliant in the short term.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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