Disclosure Requirements – Investment Funds – Mexico
Disclosure Category: 3
In the case of holding investment funds in Mexico, Clearstream Banking S.A (“CBL”) are not required under the laws of Mexico to disclose the identity, information and holdings on CBL customers and ultimate beneficial owners.
CBL is acting as custodian and holds accounts on behalf of its customers.
Background and legal basis
Mexican laws and regulations do not have specific provisions whereby the fund manager and its agents is entitled to or obliged to request disclosure of CBL customers or beneficial owners of the fund units/shares.
While CBL is not aware of any possible penalties arising from the non-disclosure of customer and ultimate beneficial information to the fund manager, its agents and regulatory authorities, the customer undertakes to hold CBL harmless and to indemnify CBL from any loss, claim, liability or expense asserted against or imposed upon CBL as a result of the customer failure, whatever the failure, to comply with disclosure requests, if any.
The information contained in the Disclosure Requirements is based on the legal opinion obtained by CBL that was issued on 6 January 2020. CBL believes the information to be correct as of that date but disclaims any responsibility as to the accuracy and completeness of the information after that date. In the case of discrepancy between the information provided by CBL and the local laws and regulations, the latter shall prevail. The Disclosure Requirements do not constitute legal advice and customers should seek advice from independent professional counsel.
Customers are responsible for ensuring compliance with the disclosure requirements and agree to indemnify and hold harmless CBL, for any loss, expense, liability, damage or claims, whether direct or indirect, against or incurred by CBL arising out of or resulting from such non-compliance.