On May 24th, 2021 general provisions for the registration of natural or legal persons that provide specialized services or that carry out specialized tasks were published in the Official Gazette (“Diario Oficial de la Federación”), in the understanding such specialized services or tasks are those not comprised within the beneficiaries’ corporate purpose, nor their predominant activities.
As per the aforementioned provisions, registration will become mandatory for:
1. Individuals or legal entities performing specialized services or carrying out specialized tasks and for which make their own employees available for the benefit of another individual or entity; and
2. Companies providing complementary or shared services or tasks within the same business group.
Registry enrollment will be made online REPSE. Interested parties must comply with and provide the following requirements:
a. Advanced Electronic Signature (FIEL);
b. Name, denomination or company’s name in case of legal entities, or, paternal surname, maternal surname and first name in case of natural persons;
c. Tradename;
d. State;
e. Tax ID Number (RFC);
f. Address;
g. Geolocation;
h. Phone numbers and email addresses;
i. Incorporation deed number and identification data of Public Notary, date of its notarization and corporate purpose;
j. Employer registration before the Mexican Social Security Institute (“IMSS”)
k. Company’s Legal Representative information;
l. Registration before the National Fund for Employees’ Consumption (“INFONACOT”);
m. Total number of employees at the time of registration.
n. Specialized economic activity as per the activities’ catalog for the classification of companies in workmen’s compensation insurance;
o. Activities that will be enrolled in the register; and
p. Main economic activity.
In order to be able to enroll in the registry established by the Ministry of Labor and Social Security (“STPS”), the provider of specialized services or tasks must be up-to-date with its tax and social security obligations.
Furthermore, to prove specialized nature, information and documentation must be provided in accordance with the website requirements. These shall include: training, certifications, permits or licenses that regulate the activity, equipment, technology, assets, capital stock, machinery, risk level, average salary range, experience, amongst others. All activities intended to be registered must be included in the corporate objects of the providers of services or specialized tasks, in the understanding that STPS may request, at any time, additional information or documentation to the applicant or to any government entity to corroborate and validate the information and documentation provided.
STPS, must rule on the registration request within twenty business days after receiving it via the website; otherwise, applicants may require STPS to issue the such registration notice within three business days following the request submission. Should the aforementioned period elapses without the registration notice being issued, it will be understood as granted for all legal effects.
STPS may deny registration if:
a. Failure to prove specialization features;
b. Not being up to date with tax and social security obligations;
c. Failure to comply with the requirements established in the provisions;
d. Provide false or apocryphal information;
e. Refusing to meet the requests for supplementary information or documentation as required by STPS;
f. When the data requested on the website is different or inaccurate with respect to the data and information contained in the uploaded documents.
STPS may cancel the registration at any time if:
a. Provision of specialized services or tasks not enrolled in the registry;
b. Provision of specialized services or tasks that are part of the main corporate purpose or predominant economic activity of the beneficiary;
c. There are debts for firm credits derived from non-compliance with tax and social security obligations;
d. Failure to comply with the requirements that served as the basis for granting the registration;
e. Failing to comply with the provisions regarding subcontracting regime pursuant to Mexican Federal Labor Laws;
f. Refusing to meet any request for information or documentation that is required by STPS;
g. Failure to renew the registration granted by STPS every three years. For these purposes, the renewal process must be carried out within a period of three months prior to the expiration date of the registration.
In the event STPS determines there was a breach by the registration requester, it will notify the individual or legal entity within a period of five business days so that they can challenge such determination.
The registration notice issued by STPS, if applicable, will include: (i) registration number; (ii) a folio number for each service or specialized task registered; (iii) name of the service or specialized task; and (iv) name of the natural or legal person who owns it.
It should be noted that natural or legal persons who obtain STPS registration, will be obliged to identify their employees by means of an image, name, badge or identity code that links them with the company that provides specialized services or tasks during the development of their activities in the facilities of the company that hires the services.
For agreements enter into by contracting companies with those providing specialized services or carrying out specialized tasks, the registration and folio of such specialized activity or task of these companies must be included.
It is worth highlighting the registration and validity of companies that provide specialized services or carry out specialized tasks can be verified at any time via the website.
According to the sole transitory article of the provisions, these will enter into force as of May 25th, 2021.
We remain at your disposal for any questions or comments that you may have.
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