General Provisions on 2023 closure days for Retirement Fund Administrators, similar Public Institutions, Specialized Investment Societies for Retirement Funds and National SAR Database Operating Companies

Official Gazette of the Federation (DOF): December 15, 2022

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 Operating Companies of the National SAR Database, must close their doors and suspend operations.

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

GENERAL PROVISIONS INDICATING THE DAYS OF THE YEAR 2023 ON WHICH

THE

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 of the Retirement Savings System, based on the provisions of articles 1, 2, 5, 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; 1 and 2, section I of the Regulation of the Law of the Retirement Savings Systems and 1, 2, section III, 8, first paragraph, 34 and 35 of the Internal Regulation of the National Commission of the Retirement Savings System, has seen fit to issue the following:

GENERAL PROVISIONS INDICATING THE DAYS OF THE YEAR 2023 ON WHICH THE

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. The Retirement Fund Administrators, Public Institutions performing similar functions, Specialized Investment Societies for Retirement Funds and Companies Operating the National SAR Database, established in any part of the Mexican Republic, must close their doors and suspend operations, in addition to Saturdays and Sundays, on the days February 6, March 20, April 6 and 7, May 1, November 2 and 20 and December 25 of the year 2023.

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

The Retirement Fund Administrators, Public Institutions performing similar functions and Companies Operating the National SAR 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 the days February 6, March 20, April 6 and 7, May 1 and 5, November 2 and 20 and December 25 of the year 2023.

Article 3. The days indicated in articles 1 and 2 above, will not be considered for the filing and resolution of the administrative remedies referred to in article 102 of the Law of the Retirement Savings Systems, for the computation of the 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 requirements 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 carrying out of inspection visits.

Article 5. The Retirement Fund Administrators, Public Institutions performing similar functions, Specialized Investment Societies for Retirement Funds and Companies Operating the National SAR 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 the previous article 1, 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 the doubts that arise due to the application of these general provisions, as well as the cases of exception 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 some other competent authority.

TRANSITORY PROVISIONS

FIRST.- These general provisions will enter into force on January 2, 2023.

SECOND.- As of their entry into force, the "General provisions indicating the days of the year 2022, on which the 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 14, 2021, are abrogated.

THIRD.- The 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 of the Retirement Savings System, no later than January 31, 2023, 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, which are not contemplated in article 1 of these general provisions.

Mexico City, December 9, 2022.- The President of the National Commission of the Retirement Savings System,

Dr. Iván Hilmardel Pliego Moreno .- Signature.

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