[Last updated: 1 January 2024, unless otherwise noted]
Once listed, companies must comply with the following continuing obligations:
- Maintain updated information regarding the identity of the issuer's officers responsible for delivering the requisite periodic information to the BMV or BIVA and CNBV.
- Inform the BMV or BIVA and CNBV immediately of any management change, such as to the chairman of the board, the CEO or any officer immediately subordinate to them.
- Inform the BMV or BIVA and CNBV of any change in the official company address, telephone, fax numbers or e-mail addresses, within five days after the change.
- Inform the BMV or BIVA and CNBV of any changes in the identity of the company's external auditor, responsible for the audited financial statements.
- Authorize a representative of the BMV or BIVA to assist at shareholders' meetings.
- Pay maintenance fees due for the services rendered by the BMV or BIVA each January, pursuant to the regulations issued by the CNBV.
- Disclose the list of people that may have access to inside information on an annual basis.
- If applicable, inform the BMV or BIVA and CNBV of any deed or action of the issuer that may be contrary to market customs.
- Inform the BMV or BIVA and CNBV of any increase or decrease in the number of shares or share certificates listed, within five days after such increase or decrease has occurred.
- Provide the BMV or BIVA and CNBV with the financial, economic, accounting, legal and administrative information required by the specific type of issuer and listing status.
- Deliver copies of any public deed or public document five days prior to the registration of such document or it becoming enforceable.
- Inform the BMV or BIVA and the CNBV of any material events which may affect the volume of securities traded or the value of the securities listed.
- Deliver a detailed analysis of the issuer's corporate and economic rights.
- Deliver to the BMV or BIVA and CNBV Spanish translations of any information published abroad by the issuer.
- Inform the BMV or BIVA and CNBV of any issuer share buyback.
- Avoid spreading rumors or false information about the issue's securities.
- Avoid disclosing information in excess of what is required.
- Comply with maintenance programs issued by the BMV or BIVA.
- Comply with the contingency plans issued by the BMV or BIVA.
- Comply with the corrective and disciplinary measures imposed on the issuer.
- Provide the BMV or BIVA and CNBV with any required information.
In addition, a listed issuer must comply with the following maintenance requirements after listing:
- Maintain at least 100 shareholders.
- At least a 12% float.
- The secretary of the board must inform the board of the obligations, responsibilities and recommendations pursuant to applicable regulations.
- Secure a hedge analysis for the issuer.
The periodic information that must be provided to the BMV or BIVA and CNBV includes:
- Annual information, including the annual audited financial statements, management report and information on the corporate books. This information must be made public no later than the third business day after approval by the shareholders' meeting.
- Quarterly information, including quarterly financial statements and economic, accounting and administrative information.
- Monthly information (solely for listed trusts). Within 15 days after any operations regarding trust certificates representative of individual home loans.
The legal information that must be provided is:
- On the date published, the notice of the shareholders' meeting.
- One business day after the shareholders' meeting, a summary of the resolutions adopted by the shareholders.
- Five business days after the shareholders' meeting, a copy of the meeting minutes and attendance list.
- Six business days after the shareholders' meeting, the right of first refusal notice to the shareholders, notice for dividend payments and any other notice sent to the shareholders.
- Not later than 30 June every third year, the new and amended bylaws of the company, if applicable.
The requirements for foreign issuers are essentually the same as listed above, subject to certain formalities pursuant to the local law of the foreign issuer. All information provided to the BMV or BIVA and CNBV by foreign issuers must be filed in Spanish.