General Provisions Designating Days in 2021 for Closure of AFORE Administrators and Related Entities

DOF: 10/12/2020

GENERAL PROVISIONS DESIGNATING THE DAYS IN THE YEAR 2021 ON WHICH ADMINISTRATORS OF RETIREMENT FUNDS, PUBLIC INSTITUTIONS PERFORMING SIMILAR FUNCTIONS, SPECIALIZED INVESTMENT COMPANIES FOR RETIREMENT FUNDS, AND COMPANIES OPERATING THE NATIONAL SAR DATABASE, MUST CLOSE THEIR DOORS AND SUSPEND OPERATIONS.

A seal bearing the National Coat of Arms, which reads: United Mexican States.- TREASURY.- Ministry of

Finance and Public Credit.- National Commission for the Retirement Savings System.

GENERAL PROVISIONS DESIGNATING THE DAYS IN THE YEAR 2021 ON WHICH

ADMINISTRATORS OF RETIREMENT FUNDS, PUBLIC INSTITUTIONS PERFORMING

SIMILAR FUNCTIONS, SPECIALIZED INVESTMENT COMPANIES FOR RETIREMENT

FUNDS, AND COMPANIES OPERATING THE NATIONAL SAR DATABASE, MUST CLOSE

THEIR DOORS AND SUSPEND OPERATIONS.

The President of the National Commission for the Retirement Savings System, pursuant to the provisions of

Articles 1, 2, 5, fractions I, II and XVI, 12, fractions I, II, VI, VIII and XVI, 18, 58, 90, fractions I, XI and

XIII and 94 of the Law of the Retirement Savings Systems; 103, 104, 105 and 106 of the Law of the Institute

for Security and Social Services for State Workers; 1 and 2, fraction I of the Regulations of the Law of the

Retirement Savings Systems, and 1, 2, fraction III, 8, first paragraph, 34 and 35 of the Internal Regulations

of the National Commission for the Retirement Savings System, has deemed it appropriate to issue the following:

GENERAL PROVISIONS DESIGNATING THE DAYS IN THE YEAR 2021 ON WHICH THE

ADMINISTRATORS OF RETIREMENT FUNDS, PUBLIC INSTITUTIONS PERFORMING

SIMILAR FUNCTIONS, SPECIALIZED INVESTMENT COMPANIES FOR RETIREMENT

FUNDS, AND COMPANIES OPERATING THE NATIONAL SAR DATABASE, MUST CLOSE

THEIR DOORS AND SUSPEND OPERATIONS.

Article 1. The Administrators of Retirement Funds, Public Institutions performing similar functions, Specialized Investment Companies for Retirement Funds, and Companies Operating the National SAR Database, established anywhere in the Mexican Republic, must close their doors and suspend operations, in addition to Saturdays and Sundays, on January 1, February 1, March 15, April 1 and 2, September 16, and November 2 and 15 of the year 2021.

In addition to the days provided in the preceding paragraph, those days in which the Financial System must suspend operations as established by any other competent authority shall be considered non-working days for the Administrators of Retirement Funds, Public Institutions performing similar functions, Specialized Investment Companies for Retirement Funds, and Companies Operating the National SAR Database.

The Administrators of Retirement Funds, the Public Institutions performing similar functions, and the Companies Operating the National SAR Database must keep online services that consult the Social Security Institutes running and operational on the days of the year considered working days for them.

Article 2. The National Commission for the Retirement Savings System will suspend its activities, in addition to Saturdays and Sundays, on January 1, February 1, March 15, April 1 and 2, May 5, September 16, and November 2 and 15 of the year 2021.

Article 3. The days designated in Articles 1 and 2 above are considered non-working days for the filing and resolution of administrative appeals referred to in Article 102 of the Law of the Retirement Savings Systems, as well as for the computation of deadlines for submitting information required in relation to such procedures followed before the National Commission for the Retirement Savings System, and other information requirements made by this authority.

Article 4. The National Commission for the Retirement Savings System may order the aforementioned entities to close their doors and suspend operations on days other than those designated in the previous first provision, when it deems necessary.

Pursuant to Articles 90, fractions I, XI and XIII and 94 of the Law of the Retirement Savings Systems, the National Commission for the Retirement Savings System may order the aforementioned entities to open their doors and continue their operations on the days designated in Article 1, when it deems necessary for the purpose of exercising its inspection powers, through the conduct of inspection visits.

Article 5. The Administrators of Retirement Funds, Public Institutions performing similar functions, Specialized Investment Companies for Retirement Funds, and Companies Operating the National SAR Database may submit to the National Commission for the Retirement Savings System a draft calendar of days on which they intend to close their doors and suspend operations, in addition to those provided in the previous Article 1, in order to obtain, if applicable, the corresponding authorization, provided they justify it.

The days authorized pursuant to the preceding paragraph shall be considered working days for all legal purposes.

Article 6. The National Commission for the Retirement Savings System will resolve doubts arising from the application of these general provisions, as well as exceptional cases that must be recognized, and will issue measures deemed pertinent for the same purpose.

Article 7. Days that the National Commission for the Retirement Savings System authorizes for the conduct of inspection visits shall be considered working days, regardless of whether the Financial System must suspend operations as established by any other competent authority.

TRANSITIONAL PROVISIONS

FIRST.- These general provisions shall enter into force on January 1, 2021.

SECOND.- Upon their entry into force, the "General Provisions Designating the Days in the Year 2020, on Which Administrators of Retirement Funds, Public Institutions Performing Similar Functions, Specialized Investment Companies for Retirement Funds, and Companies Operating the National SAR Database, Must Close Their Doors and Suspend Operations," published in the Official Gazette of the Federation on December 17, 2019, are hereby repealed.

THIRD.- The Administrators of Retirement Funds, Public Institutions performing similar functions, Specialized Investment Companies for Retirement Funds, and Companies Operating the National SAR Database may submit to the National Commission for the Retirement Savings System, by January 31, 2021, the draft calendar referred to in Article 5, in which they will include the days that their contracts or general labor conditions designate as non-working, as well as the days on which they habitually do not work according to their practices and customs, which are not contemplated in Article 1 of these general provisions.

Mexico City, December 3, 2020.- The President of the National Commission for the Retirement Savings System, Abraham E. Vela Dib.- Signature.

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