General Provisions Indicating the Days of the Year 2024 on Which Retirement Fund Administrators, Public Institutions Performing Similar Functions, Specialized Investment Societies for Retirement Funds and SAR National Database Operating Companies Must Close Their Doors and Suspend Operations

Federal Official Gazette: 28/11/2023

GENERAL PROVISIONS INDICATING THE DAYS OF THE YEAR 2024 ON WHICH RETIREMENT FUND ADMINISTRATORS, PUBLIC INSTITUTIONS PERFORMING SIMILAR FUNCTIONS, SPECIALIZED INVESTMENT SOCIETIES FOR RETIREMENT FUNDS AND COMPANIES

In the margin a seal with the National Shield, reading: United Mexican States.- TREASURY.- Secretariat of Treasury and Public Credit.- National Commission of the Retirement Savings System.

GENERAL PROVISIONS INDICATING THE DAYS OF THE YEAR 2024 ON WHICH RETIREMENT FUND ADMINISTRATORS, PUBLIC INSTITUTIONS PERFORMING SIMILAR FUNCTIONS, SPECIALIZED INVESTMENT SOCIETIES FOR RETIREMENT FUNDS AND COMPANIES OPERATING THE SAR NATIONAL DATABASE, MUST CLOSE THEIR DOORS AND SUSPEND OPERATIONS.

The President of the National Commission of the Retirement Savings System, based on the provisions of articles 1st, 2nd, 5th, sections I, II and XVI, 12, sections I, II, VI, VIII and XVI, 18, 58, 90, sections 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 of Security and Social Services for State Workers; 1st and 2nd, section I of the Regulations of the Law of the Retirement Savings Systems and 1, 2, section III, 8, first paragraph, 34 and 35 of the Internal Regulations of the National Commission of the Retirement Savings System, has seen fit to issue the following:

GENERAL PROVISIONS INDICATING THE DAYS OF THE YEAR 2024 ON WHICH RETIREMENT FUND ADMINISTRATORS, PUBLIC INSTITUTIONS PERFORMING SIMILAR FUNCTIONS, SPECIALIZED INVESTMENT SOCIETIES FOR RETIREMENT FUNDS AND COMPANIES OPERATING THE SAR NATIONAL 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 SAR National Database, established in any part of the Mexican Republic, must close their doors and suspend operations, in addition to Saturdays and Sundays, on January 1, February 5, March 18, 28 and 29, May 1, September 16, October 1, November 18 and December 25 of the year 2024.

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

Retirement Fund Administrators, Public Institutions performing similar functions and Companies Operating the SAR National Database must maintain online services that consult the Social Security Institutes in operation and functioning on the days of the year that are considered business days for them.

Article 2. The National Commission of the Retirement Savings System will suspend its work, in addition to Saturdays and Sundays, on January 1, February 5, March 18, 28 and 29, May 1, September 16, October 1, November 18 and December 25 of the year 2024.

Article 3. The days indicated in articles 1 and 2 above, will not be considered for the filing and resolution of administrative remedies referred to in article 102 of the Law of the Retirement Savings Systems, for the calculation of deadlines for delivery of information required in relation to said procedures that are followed before the National Commission of the Retirement Savings System, regarding other information requests made by this authority, as well as that information that must be delivered in accordance with the general provisions that so establish.

The provisions of this article shall be applicable to all Participants in the Retirement Savings Systems.

Article 4. The National Commission of the Retirement Savings System may order the referred entities to close their doors and suspend operations on days other than those indicated in article 1 of these provisions, when it deems it necessary.

Based on articles 90, sections I, XI and XIII and 94 of the Law of the Retirement Savings Systems, the National Commission of the Retirement Savings System may order the referred entities to open their doors and continue their operations on the days indicated in article 1, when it deems it necessary for purposes 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 SAR National Database, may present before the National Commission of the Retirement Savings System a project of a calendar of days on which they intend to close their doors and suspend operations, in addition to those provided for in article 1 above, in order to obtain, if applicable, the corresponding authorization provided they justify it.

The days authorized in accordance with the previous paragraph, shall be considered as business days for all legal effects.

Article 6. The National Commission of the Retirement Savings System will resolve doubts that arise due to the application of these general provisions, as well as the exception cases that must be recognized and will dictate the measures that for the same purpose it deems pertinent.

Article 7. Those days that the National Commission of the Retirement Savings System enables for the practice of inspection visits shall be considered as business days, regardless of whether the Financial System must suspend operations as established by another competent authority.

TRANSITORY ARTICLES

FIRST.- These general provisions shall enter into force on December 29, 2023.

SECOND.- As of their entry into force, the "General Provisions indicating the days of the year 2023, on which retirement fund administrators, public institutions performing similar functions, specialized investment societies for retirement funds and companies operating the SAR National Database, must close their doors and suspend operations", published in the Federal Official Gazette on November 28, 2022, are abrogated.

THIRD.- Retirement Fund Administrators, Public Institutions performing similar functions, Specialized Investment Societies for Retirement Funds and Companies Operating the SAR National Database, may present to the National Commission of the Retirement Savings System, no later than January 31 of the year 2024, the calendar project referred to in article 5, in which they will include the days that their contracts or general working conditions indicate as non-working, as well as the days on which they habitually do not work according to their practices and customs, that are not provided for in article 1 of these general provisions.

Mexico City, November 17, 2023 .- The President of the National Commission of the Retirement Savings System, Master Julio César Cervantes Parra .- Signature.

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