In any credit operation, two fundamental figures participate: the lender and the borrower. Understanding the roles, obligations, and rights of each is essential for establishing healthy credit relationships and avoiding legal conflicts.
Who is the lender?
The lender is the individual or entity that provides financial resources to another party under agreed conditions. In Mexico, lenders can be banks, SOFOMs, SOFIPOs, savings cooperatives, fintechs, or even individuals.
### Lender obligations
Transparency: Clearly inform about interest rates, commissions, terms, and credit conditions (CAT — Total Annual Cost)
Written contract: Formalize the operation in a contract detailing all conditions
Data protection: Safeguard the borrower's personal and financial information per the Federal Data Protection Law
Ethical collection conduct: Follow CONDUSEF guidelines on collection practices
Timely delivery: Disburse resources within agreed timeframes
Due diligence: Adequately evaluate the applicant's payment capacity to prevent over-indebtedness
### Lender rights
Receive payment of capital plus agreed interest
Execute guarantees in case of default
Report payment behavior to the credit bureau
Assign or sell the credit portfolio to third parties
Who is the borrower?
The borrower is the party that receives financial resources and commits to returning them under the conditions established in the credit contract.
### Borrower obligations
Timely payment: Meet established payment dates and amounts
Declared use: Use resources for the agreed purpose (especially in purpose-specific credits)
Truthful information: Provide real data about their financial and fiscal situation
Change notification: Inform the lender of significant changes in their financial situation
Guarantee maintenance: Keep assets given as collateral in good condition
### Borrower rights
Know all credit conditions before signing
Receive a clear and complete contract
Make early payments without excessive penalties
File complaints with CONDUSEF in case of abuse
Request clarifications on charges and transactions
Regulatory framework in Mexico
Relationships between lenders and borrowers in Mexico are regulated by various laws:
Credit Institutions Law
General Law of Auxiliary Credit Organizations and Activities
Law for Protection and Defense of Financial Services Users (CONDUSEF)
Commercial Code (for commercial operations)
Law for Transparency and Regulation of Financial Services
How technology balances the relationship
Credit intelligence platforms like CRiskCo benefit both parties. For lenders, they provide objective evaluations based on SAT fiscal data that reduce portfolio risk. For borrowers, they streamline the evaluation process and enable access to credit based on actual economic activity, not just bureau history. Learn how the full credit granting process works.
Looking to balance risk and accessibility in your credit process? [Discover our compliance solutions](/solutions/compliance).