April 23, 2020 / COVID-19 / Corporate Law
Agreement establishing extraordinary actions to handle the health emergency generated by the SARS-CoV2 virus.
Through a publication in the Federal Official Gazette on March 31, 2020, it was ordered to immediately suspend all non-essential activities from March 30 to April 30, 2020.
The following activities were deemed essential:
a) The activities directly necessary to handle the health emergency, such as the work of the medical, paramedical, administrative, and support branches throughout the National Health System. Also, the those who participate in the grocery store, services, and supply of the health emergency, among which, the pharmaceutical sector stands out in its production and distribution (pharmacies); the manufactures of supplies, medical equipment, and technologies for health care; and those activities involved in the proper disposal of biohazardous and infectious waste (HBIW), as well as the cleaning and sanitization of medical units at different levels of care;
b) Those activities involved in public safety and citizen protection; involved in the defense of national integrity and sovereignty; and those involved in the administration and dispensation of justice; as well as legislative activity at the federal and state levels;
c) Those activities involved in the fundamental sectors of the economy: financial, tax collection, distribution and sale of energy, gas and gas stations, generation and distribution of drinking water, food and non-alcoholic beverage industry, food markets, supermarkets, self-service stores, groceries and sale of prepared foods; passenger and cargo transportation services; agricultural, fishing and livestock production, agro-industry, chemical industry, cleaning products; hardware stores, courier services, guards in private security work; nurseries and daycare centers, homes for the elderly, shelters and care centers for women victims of violence and their children; telecommunications and information media; private emergency services, funeral, and burial services, storage and cold chain services for essential supplies; logistics (airports, ports, and railroads), as well as the activities whose suspension may have irreversible effects on their continuation;
d) Those activities directly related to the operation of social government programs.
e) Those activities necessary for conservation, maintenance, and repair of the critical infrastructure that ensures the production and distribution of indispensable services: drinking water, electric power, gas, oil, gasoline, turbo fuel, basic sanitation, public transportation, hospital and medical infrastructure, and others that may be listed in this category.
Through an agreement published on April 21, 2020, in the Federal Official Gazette, the agreement of March 31, 2020, was modified, extending the suspension of non-essential activities until May 30, 2020.
Ministry of Economy
All time limits are suspended in the procedures, and appeals are being processed in accordance with the Federal Law of Administrative Procedure.
All formalities and procedures not included in the suspension managed by the Ministry of Economy will be processed through the existing electronic communications means.
The legal deadlines and time limits will run normally for the purposes of the formalities recorded in the National Foreign Investment Registry within the General Management of Foreign Investment. The formalities referred to in this section must be submitted through the platform www.rnie.economia.gob.mx or in PDF format to the e-mail address tramites.rnie@economia.gob.mx from Monday to Friday between 9:00 am. to 6:00 pm.
The deadlines and time limits of the formalities indicated below must be submitted through the Foreign Investment Legal Affairs System (https://sajie.economia.gob.mx/) and will run normally.
- Authorization from the National Foreign Investment Commission;
- Authorization for the use of neutral investment;
iii. Authorization for the establishment of foreign legal entities in Mexico;
- Notice for the establishment of foreign legal entities in Mexico;
- Opinion of the National Foreign Investment Commission for purposes of the Federal Law on Telecommunications and Broadcasting, Article 77; and
- Consultation in foreign investement matters.
The formalities or procedures of the General Management of Foreign Investment not included in this numeral must be suspended.
The legal actions notified to the Ministry of Economy as part of a procedure of any nature must be done preferably by electronic means through the e-mail address contencioso@economia.gob.mx or, if it is not available, at its registered office located at Calle Pachuca number 189, Colonia Condesa, Demarcación Territorial Cuauhtémoc, ZIP Code 06140, Mexico City, from 9:00 to 18:00 from Monday to Friday.
The National Foreign Investment Registry offers you the possibility of sending via e-mail the formalities and exhibits in PDF format.
As follows:
| Formality | Officer | |
| Submittions | Ivonne Itzel Martínez García | ivonne.martinez@economia.gob.mx |
| Notice of Quarterly Update | Juana Gicela Contreras Nava | gicela.contreras@economia.gob.mx |
| Annual Reports | Mitzy Lucero Rivera Arellano | mitzy.rivera@economia.gob.mx |
| Notice of Modification of Section III and Cancellations | Cesar Augusto Rivera Roa | cesar.rivera@economia.gob.mx |
| Notary Notice | Laura Denisse Perales Ocampo | laura.perales@economia.gob.mx |
| Accreditation, association, and queries of physical files | Olivia Flores Cortés | olivia.flores@economia.gob.mx |
An Officer will review the formalities submitted by e-mail and will issue a temporary acknowledgment of receipt. When the contingency has been overcome, the individual may obtain their definitive acknowledgment of receipt before the Ministry.
The foregoing is applicable until April 30, 2020.
MINISTRY OF FOREIGN AFFAIRS
Suspension of deadlines and time limits applicable to administrative formalities and formalities at the administrative units and decentralized administrative bodies of the Ministry of Foreign Affairs from March 27 to April 19, 2020.
MINISTRY OF FINANCE AND PUBLIC CREDIT (MFPC)
Suspension of deadlines regarding hearings, formalities, and procedures conducted or that must be conducted before the National Banking and Securities Commission from March 23 to April 30, except for the obligations of Financial Institutions and persons subject to supervision by the Commission. Such obligations consist of physically send information or reports to the Commission, which must be signed by duly authorized personnel and sent by electronic means that the Commission publishes through its electronic page on the Internet, in the understanding that the physically sent documentation may be delivered to the Commission within the following 15 business days counted as of the business day following the period indicated (March 30 to April 30), unless the Commission expressly indicates otherwise by means of a different notice issued for such purpose.
During such a period, deadlines established by the applicable regulations will not run, and they will be considered non-business days for such legal effects.
Likewise, deadlines related to various authorization or registration applications at the Commission are suspended. For the renewal of authorizations for agents of individuals or attorney-in-fact of agents of legal entities, it will be subject to the Sole Insurance and Bonding Provision, Amending Circular 4/20 (Circular Modificatoria 4/20 de la Única de Seguros y Fianzas) published in the Federal Official Gazette on March 27, 2020.
The period contemplated will also apply to deadlines established for the Commission to investigate or decide on the formalities or procedures within its area of competence.
The suspension of deadlines will not apply to the Regularization Plans or the Self-Correction Programs contemplated in the Insurance and Bonding Institutions Law, Articles 320, 321, and 322.
The suspension will not apply to the information that Insurance and Bonding Institutions and other persons subject to the Commission supervision have to provide: information regarding requests for information, recommendations, or requirements issued by the Commission during the suspension term and which are related to the health contingency.
Regarding the obligations of the Insurance and Bonding Institutions and other persons subject to the Commission supervision that consists of the submission of information or Regulatory Reports, the suspension will only apply to the Sole Insurance and Surety Circular, Title 38, Regulatory Reports 1, 6, 8, 9, and 12.
While the health contingency lasts, the e-mail address oficialiadepartes@cnsf.gob.mx will be temporarily enabled for information that must be physically submitted to this Commission.
Second agreement deeming the suspension of activities in agencies, decentralized bodies, entities of the public administration, and municipalities of Mexico City, to prevent the COVID-19 spread and contagion.
Temporally suspension of the activities in agencies, decentralized bodies, entities of the public administration, and municipalities of Mexico City.
Except for public security institutions, the prison and health system, integral risk management, and civil protection, firefighters, LOCATEL, C5, works and services, water system and municipalities in relation to water supply, as well as those agencies necessary for the granting of instruments related to real estate before civil-law notaries and those activities or services susceptible of being provided through electronic means, including those of a fiscal and budgetary nature.
Notarial Activities
Mexico City
It is authorized the activity suspension of the notary offices of Mexico City from April 1 to 30, 2020.
Notwithstanding the foregoing, the provision of notarial services to users will be ensured, particularly urgent services, such as wills, powers of attorney, document comparison, authorizations for minors to leave the country, and any other document according to the opinion of the Civil-Law Notary. For this purpose, the Board of the Association of Notaries of Mexico City will establish a daily duty roster with members of such association, who will attend the requirements of prior communication, consultation, and advisory services via telephone, e-mail, videoconference, or any other telematic means. The users must go to the notary offices only to sign the corresponding instrument or, if applicable, to pick up the certified copies or testimonies, complying with the mandatory hygiene standards and the measures established by each notary office.
State of Mexico
The holders of the Notary Offices of the State of Mexico may determine the temporary suspension of their activities if they are 60 years or older, pregnant or in postpartum period, have a disability, or suffer from chronic or respiratory diseases, with their replacement taking office immediately.
The holders of the Notary Offices that are not included in the previous article may modify their hours and days of operation in order to maintain a healthy distance and avoid the spread of the virus.
