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    Roles y obligaciones del prestamista y prestatario en México

    Guía completa sobre los derechos, obligaciones y marco legal que rigen la relación entre prestamistas y prestatarios en el sistema financiero mexicano.

    Thought LeadershipFebruary 16, 2026CRiskCo

    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


  1. Transparency: Clearly inform about interest rates, commissions, terms, and credit conditions (CAT — Total Annual Cost)
  2. Written contract: Formalize the operation in a contract detailing all conditions
  3. Data protection: Safeguard the borrower's personal and financial information per the Federal Data Protection Law
  4. Ethical collection conduct: Follow CONDUSEF guidelines on collection practices
  5. Timely delivery: Disburse resources within agreed timeframes
  6. Due diligence: Adequately evaluate the applicant's payment capacity to prevent over-indebtedness

    7. ### Lender rights


  7. Receive payment of capital plus agreed interest
  8. Execute guarantees in case of default
  9. Report payment behavior to the credit bureau
  10. Assign or sell the credit portfolio to third parties

    11. 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


  11. Timely payment: Meet established payment dates and amounts
  12. Declared use: Use resources for the agreed purpose (especially in purpose-specific credits)
  13. Truthful information: Provide real data about their financial and fiscal situation
  14. Change notification: Inform the lender of significant changes in their financial situation
  15. Guarantee maintenance: Keep assets given as collateral in good condition

    16. ### Borrower rights


  16. Know all credit conditions before signing
  17. Receive a clear and complete contract
  18. Make early payments without excessive penalties
  19. File complaints with CONDUSEF in case of abuse
  20. Request clarifications on charges and transactions

    21. Regulatory framework in Mexico


    Relationships between lenders and borrowers in Mexico are regulated by various laws:


  21. Credit Institutions Law
  22. General Law of Auxiliary Credit Organizations and Activities
  23. Law for Protection and Defense of Financial Services Users (CONDUSEF)
  24. Commercial Code (for commercial operations)
  25. Law for Transparency and Regulation of Financial Services

    26. 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).

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