Chihuahua, Chih., November 3rd, 2020.
Dear clients and friends,
We hereby inform you that the Ministry of Economy, on September 4th, 2020, published a resolution on the Federal Official Gazette, which foresees the new forms and requirements for the filing of reports and notices before the National Registry of Foreign Investment (RNIE), providing new modalities for such filing via its official webpage and/or via email.
The foregoing, does not imply that the criteria for determining the obligation to file the corresponding reports and notices, or the applicable term for such purpose, are modified. Therefore, if your company meets the following conditions, you must file the herein referred notices or reports, as applicable:
I. Registration request: Must be filed by companies with foreign investment in their capital stock within 40 working days following the date in which the foreign investment entered its capital stock.
II. Quarterly report: Must be filed within 10 working days following the end of each quarter (January to March; April to June; July to September; and October to December) by companies that within a quarter report:
a. Amendments to the corporate name, tax domicile or economic activity;
b. Amendments to the capital stock and/or shareholders structure, which imply an variation greater than $20’000,000.00 (twenty million pesos 00/100 Mexican currency), in the equity of foreign individuals or corporations;
c. Variations over $20’000,000.00 (twenty million pesos 00/100 Mexican currency) in any of the following accounts: (i) Accounts receivable from and/or payable to foreign entities part of the corporate group; (ii) Contributions for future capital stock, capital reserves or results of previous fiscal years.
III. Annual economic report: Must be filed by companies with foreign investment in their capital stock, that report amounts greater than ($110’000,000.00 one hundred and ten million pesos 00/100 Mexican currency.) in any of the following accounts: (i) Initial and/or final total assets; (ii) Initial and/or final total liabilities; (iii) income, costs and/or expenses in the country and abroad.
The report must be submitted during the months of April or May, subject to the first letter of the corporate name.
IV. Cancellation: Must be filed by the companies whose foreign investment will no longer participate in their capital stock, within 40 business days following the date on which they are no longer subject of registration.
The RNIE collects the information filed through the notices and reports for merely informative and statistical purposes; however, failing to comply with such filing may result in the imposition of fines. Thus, if it is your Company’s obligation to file any of the notices herein referred, we will be pleased to either asses or aid you to comply with its filing.
For further information, please contact Mr. Jorge Almanza Ríos at jalmanza@iclmx.com and Mr. Javier David Rodríguez Torrecillas at jrodriguez@iclmx.com.