For further information, please visit the White & Case Coronavirus Resource Center.
On March 30, 2020, the Public Health Council (Consejo de Salubridad Pública) declared a health emergency due to force majeure, caused by the epidemic generated by COVID-19, by virtue of the Resolution declaring the epidemic of disease generated by the SARS-CoV2 virus (COVID-19) as a health emergency due to force majeure (Acuerdo por el que se declara como emergencia sanitaria por causa de fuerza mayor, a la epidemia de enfermedad generada por el virus SARS-CoV2 (COVID-19), published in the Official Gazette of the Federation (Diario Oficial de la Federación or “DOF”) on the same date.
Considering the above and that, in terms of the Banking Calendar published in the DOF on December 20, 2019 by the National Banking and Securities Commission (Comisión Nacional Bancaria y de Valores or “CNBV”), financial entities that are supervised and regulated by the CNBV, may close their doors, suspend operations and stop providing their services to the public, on any day additional to those set forth in the Banking Calendar, in cases of force majeure; provided that, such entities submit to the CNBV a notice indicating the places or localities of the country in which the facilities will be kept closed, the corresponding days and, the respective justification; it will be necessary to follow up the announcements made by the entities with respect to such closings, whether physically in the branches or through any other means.
It should be noted that financial institutions may –on an uninterrupted basis– enter into with their clients those transactions and services that, due to their characteristics, terms and conditions cannot be suspended, such as transactions with debit or credit cards and the operation of ATMs, among others.
This publication is provided for your convenience and does not constitute legal advice. This publication is protected by copyright.
© 2020 White & Case LLP