General Provisions Designating the Days in 2016 for the Closure of Retirement Fund Administrators and Related Entities

DOF: 12/28/2015

GENERAL PROVISIONS DESIGNATING THE DAYS IN THE YEAR 2016 ON WHICH RETIREMENT FUND ADMINISTRATORS, PUBLIC INSTITUTIONS PERFORMING SIMILAR FUNCTIONS, SPECIALIZED INVESTMENT SOCIETIES FOR RETIREMENT FUNDS, AND COMPANIES OPERATING THE NATIONAL SAR DATABASE, MUST CLOSE THEIR DOORS AND SUSPEND OPERATIONS.

Alongside, a seal with the National Coat of Arms, which reads: United Mexican States.- Ministry of Finance and Public Credit.- National Commission for the Retirement Savings System.

GENERAL PROVISIONS DESIGNATING THE DAYS IN THE YEAR 2016 ON WHICH RETIREMENT FUND ADMINISTRATORS, PUBLIC INSTITUTIONS PERFORMING SIMILAR FUNCTIONS, SPECIALIZED INVESTMENT SOCIETIES 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, based on what is provided in 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; 104, 105, and 106 of the Law of the Institute for Social Security and Services for State Workers; 1 and 2, fraction I of the Regulations of the Law of the Retirement Savings Systems; 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 2016 ON WHICH RETIREMENT FUND ADMINISTRATORS, PUBLIC INSTITUTIONS PERFORMING SIMILAR FUNCTIONS, SPECIALIZED INVESTMENT SOCIETIES FOR RETIREMENT FUNDS, AND COMPANIES OPERATING THE NATIONAL SAR DATABASE, MUST CLOSE THEIR DOORS AND SUSPEND OPERATIONS.

Article 1. Retirement Fund Administrators, Public Institutions performing similar functions, Specialized Investment Societies 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 21, 24, and 25, September 16, and November 21.

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 Retirement Fund Administrators, Public Institutions performing similar functions, Specialized Investment Societies for Retirement Funds, and Companies Operating the National SAR Database.

Retirement Fund Administrators, Public Institutions performing similar functions, and Companies Operating the National SAR Database must keep online services that consult Social Security Institutes 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 21, 24, and 25, May 5, September 16, and November 2 and 21.

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 the submission of 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.

Based on 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 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. Retirement Fund Administrators, Public Institutions performing similar functions, Specialized Investment Societies for Retirement Funds, and Companies Operating the National SAR Database may present 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 that arise regarding the application of these general provisions, as well as exception cases that must be recognized, and will issue measures it deems pertinent for the same purpose.

Article 7. Days that the National Commission for the Retirement Savings System authorizes for the practice 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 will enter into force on January 1, 2016.

SECOND.- From their entry into force, the "General Provisions Designating the Days in the Year 2015 on Which Retirement Fund Administrators, Public Institutions Performing Similar Functions, Specialized Investment Societies 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 22, 2014, are repealed.

THIRD.- Retirement Fund Administrators, Public Institutions performing similar functions, Specialized Investment Societies for Retirement Funds, and Companies Operating the National SAR Database may present to the National Commission for the Retirement Savings System, by January 29, 2016, the draft calendar referred to in Article 5, in which they may include days that their contracts or general working conditions designate as non-working, as well as days on which work is habitually not performed according to their practices and customs, which are not contemplated in Article 1 of these general provisions.

Mexico City, December 17, 2015.- The President of the National Commission for the Retirement Savings System, Carlos Ramírez Fuentes.- Signature.

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