2018-12-28 | DOF 5547412Added
The document mandates that AFORE administrators, similar public institutions, specialized investment societies, and National SAR Database operators close their doors and suspend operations on specific dates in 2019, including January 1, February 4, March 18, April 18-19, May 1, September 16, November 18, and December 25, in addition to weekends. The National Commission for the Retirement Savings System (CONSAR) also suspends its activities on these same dates, which are considered non-working days for administrative appeals and information submission deadlines. Entities may request authorization to close on additional days or be ordered to open for inspection purposes, while online services for Social Security Institutes must remain operational on working days.
DOF: 28/12/2018
GENERAL PROVISIONS designating the days of the year 2019 on which administrators of retirement funds, 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.
A seal with the National Coat of Arms, which reads: United Mexican States.- SHCP.- Ministry of
Finance and Public Credit.- CONSAR.- National Commission for the Retirement Savings System.
GENERAL PROVISIONS DESIGNATING THE DAYS OF THE YEAR 2019 ON WHICH
ADMINISTRATORS OF RETIREMENT FUNDS, 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 Vice President for Legal Affairs, in absence and based on what is provided in articles 1, 2, 5, fractions I, II and XVI, 12 fractions I, II, VI, VIII and XVI, and the last paragraph, 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 Social Security and 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, 31 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 OF THE YEAR 2019 ON WHICH
ADMINISTRATORS OF RETIREMENT FUNDS, 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. The Administrators of Retirement Funds, Public Institutions that perform 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 4,
March 18, April 18 and 19, May 1, September 16, November 18 and December 25 of the
year 2019.
In addition to the days provided for in the previous 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 that perform similar functions, Specialized
Investment Societies for Retirement Funds and Companies Operating the National SAR
Database.
The Administrators of Retirement Funds, the Public Institutions that perform similar functions and
the Companies Operating the National SAR Database must maintain in operation
and
operation the online services that consult the Social Security Institutes, on the days of the year that are
considered working days for them.
Article 2. The National Commission for the Retirement Savings System will suspend its work, in addition
to Saturdays and Sundays, on January 1, February 4, March 18, April 18 and 19, May 1,
September 16, November 18 and December 25 of the year 2019.
Article 3. The days indicated 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 calculation of the deadlines for the delivery of information
required in relation to said procedures that are 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 indicated in the previous
first provision, when it deems it 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 their operations on the days indicated in article 1, when it deems it
necessary for the purpose of exercising its inspection powers, through the conduct of
inspection visits.
Article 5. The Administrators of Retirement Funds, Public Institutions that perform 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 for in the previous article 1, in order to obtain, if applicable, the corresponding
authorization always that they justify it.
The days authorized pursuant to the previous paragraph shall be considered as working days for all
legal purposes.
Article 6. The National Commission for the Retirement Savings System will resolve any doubts that arise
in connection with the application of these general provisions, as well as the cases of
exception that must be recognized and will issue the measures that it deems pertinent for the same purpose.
Article 7. The days that the National Commission for the Retirement Savings
System authorizes for the practice of inspection visits shall be considered as 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, 2019.
SECOND.- From the date of their entry into force, the "General Provisions designating the days of the year 2018 on which administrators of retirement funds, 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 21, 2017, are repealed.
THIRD.- The Administrators of Retirement Funds, Public Institutions that perform similar
functions, Specialized Investment Societies for Retirement Funds and Companies Operating the
National SAR Database, may present until January 31, 2019, to the National Commission for the
Retirement Savings System the draft calendar referred to in article 5, in which they may
include the days that their contracts or general working conditions indicate as non-working, as well as the 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 26, 2018.- The Vice President for Legal Affairs, in absence and based on
articles 12, last paragraph of the Law of the Retirement Savings Systems, and 31, first paragraph of the
Internal Regulations of the National Commission for the Retirement Savings System, Antonio Salvador Reyna
Castillo.- Rubric.
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