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Legal Update: REPSE is required to obtain or update the Employer Registration Certificate before the National Migration Institute

Written by Santamarina + Steta en . Published in Updates.

printable version | July 2021 |

The National Institute of Migration (INM) recognizes the impact of the Labor Reform in terms of the prohibition of subcontracting; therefore, it confirms that it will continue to receive requests for obtaining and updating the “Employer Registration Certificate” (Contancia).

Promoters, whether individuals or corporations, who due to their activities must submit to the Ministry of Labor and Social Welfare (STPS) the Notice of Registration as Providers of Specialized Services or Execution of Specialized Works ("REPSE") will have the following obligations:

  1. When requesting the “Certificate” or “Update” procedure from the INM, it must be noted in the “comments” section that they have the REPSE, and they must show it with the rest of the documentation that is requested for this purpose.
  2. Initially and every three years that the REPSE is updated, the Employer Registration Certificate with the INM must also be updated, regardless of the assumptions established by the Migration Law and the Regulations for its annual update.

If you require additional information, please contact the partner responsible for your matters or one of the lawyers mentioned below:

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Legal News: Essential tax requirements for obtaining registration of specialized services

Written by Santamarina + Steta en . Published in Updates.

printable version | July 2021

As a result of the reform to the Labor Law, new obligations arise for companies that provide or will provide specialized services, including registering with the Registry of Providers of Specialized Services or Specialized Works ("REPSE”) by the Secretariat of Labor and Social Security.

In this regard, it is important to note that in order for these companies to be able to register with the REPSE, they must have a valid e.signature and a positive opinion of compliance with tax obligations issued by the Tax Administration Service ("SAT”), the Mexican Social Security Institute (“IMSS”) and the National Workers' Housing Fund Institute (“INFONAVIT”), since otherwise No. may register with the REPSE.

As regards the SAT, the opinion is issued as negative when it considers that there is a breach of tax obligations by the taxpayer. This can happen in various situations, including the following cases:

  • When you fail to comply with your obligations regarding registration in the Federal Registry of Taxpayers.
  • You are not up to date with your tax obligations regarding the filing of annual Income Tax (“ISR”) returns, provisional ISR payments, ISR withholdings for salaries and wages, withholdings for similar to salaries, final ISR payments, Value Added Tax (“VAT”) and Special Tax on Production and Services (“IEPS”), as well as informational returns.
  • Be published on the SAT Portal, in the definitive list referred to in article 69-B, fourth paragraph of the Federal Tax Code ("non-existent operations").
  • Have tax credits filed by existing or firm tax authorities.
  • Not located at your tax domicile.

For this reason, we recommend that before starting the process, you verify that the company to be registered has the aforementioned positive opinion, to avoid being denied permission to continue with the registration with the REPSE, and to verify that the other requirements provided for this are met.

*The publication of this note does not constitute legal advice, nor is it intended to be applicable to particular cases.

If you require additional information, please contact the partner responsible for your matters or one of the lawyers mentioned below:

Mexico Office

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Legal framework and good practices within the company for the LGBTQ+ community

Written by Santamarina + Steta en . Published in Events and Webinars.

We invite you to the event “Legal framework and good practices within the company for the LGBTQ+ community” organized by the Mexican-German Chamber of Commerce and Industry (CAMEXA) and its Diversity and Inclusion Committee.

Our partners Rachel Ortiz e Ivan Szymanski They will participate as speakers and share information about the rights and legalities for the LGBTQ+ community in the social sphere (equal marriage, adoption, health services, housing) and what are the best work practices for the support and protection of the LGBTQ+ community in companies.

For more information and registration, contact Iliana Díaz: i.diaz@ahkmexiko.com.mx

June 28 | 11:00 – 12:30 hrs

virtual session

Check the program here.

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Mexico, between China and the US, has an opportunity that it cannot waste: Santamarina + Steta

Written by Santamarina + Steta en . Published in Updates.

  • Advantages as an ideal destination for both giants in dispute.
  • Key, avoid giving strange signals to traditional investors.

CDMX, August 9, 2021.

Jorge Leon Orantes, expert lawyer in global investments, mergers and acquisitions of the law firm Santamarina and Steta He noted that Mexico has a great opportunity for trade and foreign investment, as long as it does not lose sight of its role as a partner of the United States and Canada.Our country has to consider its relations with each of these countries separately and apart, in accordance with the relations that these giants maintain among themselves and with other countries and regions of the world.", said.

The specialist explained that geopolitical relations and ideological flirtations can lead us to have a simplistic and erroneous vision. “We must never lose sight of the fact that for China, not only Mexico, but all of Latin America, are its main regions of interest. Before that, there is the entire region of Asia, Africa and Europe. We cannot neglect –due to doctrinal affinities- the attraction of investments from democratic countries, especially if they are our partners,” stressed.

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Jorge León Orantes added that a simple first reading of the panorama would lead Mexico to seek to be a substitute supplier for China for the US. However, with a broader vision, it should be considered that our country can be a better destination for US companies to transfer their production sources, which they take from there due to disputes between them. “It is still safer to have investments in Mexico than in Asia for many reasons, including the risk of COVID. It is a little more predictable. In addition, for the US, having the value chains closer is safer. If we add that, in the event of possible disputes, it is better to resolve them under the protection of the USMCA, than with the absence of comparable legal instruments for resolution between Mexico and the Asian giant,” he pointed.

Finally, the expert stressed that it is crucial for Mexico to know its current competitive advantage.There are important relocations, so it is crucial that we know very well who we should attract investments from. The key is that the traditional investor does not see us as a dangerous or strange place. We must avoid giving signals of strange movements that seem to be state control, such as the registry of mobile phone users."He concluded.

Mexico City Office

Tel. +52 55 5279 5400

Monterrey Office

Tel. +52 81 8133 6000

Queretaro Office

Tel. +52 442 290 0290

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Hazardous Waste Generators

Written by Santamarina + Steta en . Published in Updates.

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Santamarina + Steta is one of the “Best LGBTQ+ Workplaces 2023”

Written by Santamarina + Steta en . Published in Announcements.

As part of its efforts to promote respect for the human rights of all employees of Santamarina + Steta, the firm continues to promote actions in support of LGBTQ+ diversity.

Thanks to the practices implemented to promote and adopt diversity, we are proud to announce that we have achieved the “Best Places to Work for LGBTQ+” certification from the Human Rights Campaign Foundation.

The Human Rights Campaign (HRC) Foundation is a non-governmental organization that aims to improve the lives of LGBTQ+ people by increasing understanding and encouraging the adoption of inclusive policies and practices in workplaces around the world.

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Issuance of Stock Certificates of INVEX Controller

Written by Santamarina + Steta en . Published in Deal Announcements.

INVEX CONTROLLER, SAB DE CV (“INVEX”) obtained from the National Banking and Securities Commission the authorization to register in the National Securities Registry a dual program of short- and long-term stock certificates for a maximum amount of $6 MN (Six billion Pesos 000,000,000.00/00 National Currency), on a revolving basis (the “Program”). Under the Program, INVEX carried out the first issue of long-term stock certificates for the amount of $100 MN (One billion twenty-five million Pesos 1,025/000,000.00 National Currency). INVEX Casa de Bolsa, SA de CV, INVEX Grupo Financiero acted as placement intermediary for the transaction. 

Santamarina + Steta, with the support of the team led by Sergio Chagoya, Diego Ostos, Elias Zaga, Sebastian Samayoa and Ariel Seville, acted as legal advisor to the station in this process.

What is the function of the Energy Regulatory Commission?

Procedure for Qualified Users Receiving Last Resort Supply

Written by Santamarina + Steta en . Published in Updates.

printable version | December 2022

Executive Summary

  • On December 6, 2022, the Energy Regulatory Commission (“CRE”) published Agreement A/028/2022 with the procedure applicable to Qualified Users who are receiving the Last Resort Supply to guarantee the continuity of the electricity supply.
  • Through the Agreement, CRE ensures that Qualified Users will not be left without electricity supply during the time that Qualified Suppliers are unable to provide the Electric Supply, by extending the deadlines for a Qualified User to continue in Last Resort Supply until such time as the affected Qualified User receives the electricity supply from other Suppliers.
  • The Last Resort Supply only operates in the event that the Qualified Service Provider stops providing the electricity supply, and must be provided at maximum prices to the Qualified Users, for a limited time, in order to maintain the continuity of the service.

On December 6, 2022, the CRE published, in the Official Gazette of the Federation, Agreement A/028/2022 (the “Agreement”) with the procedure applicable to Qualified Users who are receiving the Last Resort Supply, in order to guarantee the continuity of the electricity supply under any of the existing modalities in accordance with article 56 of the Electricity Industry Law (“LIE”) and numeral 35, section V, of the General Administrative Provisions, which establish the general conditions for the provision of the electricity supply (“DACG of Electricity Supply”).

The Supplier of Last Resort is the permit holder that offers the Supply of Last Resort to Qualified Users and represents the Exempt Generators that require it in the Wholesale Electricity Market.

The Last Resort Supply only operates in the event that the Qualified Service Provider stops providing the electricity supply, and must be provided at maximum prices to the Qualified Users, for a limited time, in order to maintain the continuity of the service.

Through the Agreement, the CRE guarantees that Qualified Users will not be left without electricity supply during the time that Qualified Suppliers cannot provide electricity supply due to having fallen into any of the assumptions of article 56 of the Electricity Industry Law (LIE) or in the provisions of numeral 35, section V of the DACG of Electricity Supply.

CONTENT OF THE AGREEMENT

The LIE states that, in the event of non-compliance with the payment or guarantee obligations of a Qualified Service Supplier, or when a Qualified Service Supplier stops providing services to an Exempt Generator or a Qualified User for any reason, without them having chosen another Marketer, the Supplier of Last Resort will provide the Last Resort Supply to the affected Qualified Users until they contract the Electric Supply, or under any of the existing modalities.

For its part, the DACG for Electricity Supply establishes that the Last Resort Supply may be offered to Qualified Users who require it for a maximum period of four months.

The Agreement points out the existence of cases of Qualified Users who, between the years 2018-2022, have presented problems and impacts with their Qualified Supplier and have been assigned to the Last Resort Supply, exceeding the four-month period to provide the Electric Supply.

Thus, the CRE issues the procedure to be followed by Qualified Users and Last Resort Suppliers3 when a Qualified User has been assigned to the Last Resort Supply in accordance with the Mechanisms for the assignment of Qualified Users to Last Resort Suppliers, and whose maximum period of four months to receive the Last Resort Supply has ended. It establishes that the following applications must be submitted to the CRE:

  1. Extension of the deadline for the Last Resort Supply for a period of four months.
  2. Grant a non-extendable period for Qualified Users to comply with the requirements for Measurement Systems due to the change of Supplier.
  3. Contract the Supply of Basic Services for a period of no more than 12 months under the conditions of the modality.

In this regard, the Agreement states that for the CRE to grant the corresponding authorization, Qualified Users must follow the general procedure and the specific procedure for each of the above assumptions.

Continue reading the full document here: Procedure for Qualified Users Receiving Last Resort Supply

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Worthy vacation

Written by Santamarina + Steta en . Published in Updates.

printable version | December 2022

  • On December 14, 2022, the Senate approved the initiative to reform articles 76 and 78 of the Federal Labor Law, regarding decent vacations.
  • The amendments will apply to existing individual or collective employment contracts, provided that they are more favourable to workers' rights.
  • The increase in vacations also represents an increase in the payment of the vacation bonus.

Since 1970, when the Federal Labor Law in force was published, the articles that establish the period granted to workers for the concept of vacations had not been updated.


On December 14, 2022, the Senate approved the initiative to reform articles 76 and 78 of the Federal Labor Law, regarding decent vacations.


Within this initiative, it is proposed to extend the vacation period to which workers are entitled to be as follows:

Years workedHolidays
Year 112 days
Year 214 days
Year 316 days
Year 418 days
Year 520 days
From 6 to 10 years22 days
From 11 to 15 years24 days
2 days for every 5 subsequent years.

In addition, workers are allowed to have a minimum of 12 consecutive days, unless the worker prefers to distribute it differently.

Likewise, the amendments to this decree shall apply to individual or collective employment contracts in force, regardless of their form or name, provided that they are more favourable to workers' rights.

It is important to know that the increase in vacations does not only have a labor impact, but also represents an increase in the payment of the vacation bonus, since this benefit is calculated based on the number of vacation days.

It is expected to be published in the Official Gazette of the Federation (DOF) before the end of 2022 and come into force on January 1, 2023.

Download the full note here.

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Santamarina + Steta is part of the CANAMI Advisory Board

Written by Santamarina + Steta en . Published in Announcements.

The National Chamber of Industrialized Corn (CANAMI) works to build alliances between the public, private and social sectors to strengthen the Mexican market for industrialized corn and support the development of solutions in agri-food issues.

On October 28, the Advisory Council was established, which will issue expert opinions to the Board of Directors and members on federal and state regulations, Mexican Official Standards (NOMs), legislative initiatives and various core issues for the agri-food industry.

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National programme for the prevention and comprehensive management of waste 2022-2024

Written by Santamarina + Steta en . Published in Updates.

December 2022 | Printed version

  • The National Program for the Prevention and Comprehensive Management of Waste 2022-2024 establishes objectives, strategies and indicators to avoid the generation of waste or, alternatively, to ensure that waste is managed in an integrated manner so that it does not affect the environment or third parties.
  • Among the most important strategies is the modification and updating of federal, state and municipal environmental regulations that regulate hazardous waste, special handling waste and urban solid waste.
  • It is always a good time to change consumption habits, be responsible with waste and implement actions to ensure that we do not pollute.

On December 5, 2022, the Ministry of Environment and Natural Resources (SEMARNAT) published in the Official Gazette of the Federation the National Program for the Prevention and Comprehensive Management of Waste 2022-2024 (“the Program”).

Through objectives, goals and guidelines, the Program will have binding effects on SEMARNAT itself and state and municipal environmental authorities to prevent environmental pollution and damage to health caused by the poor management of hazardous waste, special waste and urban solid waste.


Priority objectives of the Program

1. Increase the capacity of the urban solid waste recycling market: There is an irrational use of natural resources and, with it, an equally irrational generation of waste. Therefore, efforts will be made to promote the separate collection of waste and strengthen recycling.

2. Adapt the regulations for comprehensive waste management: Since current regulations have not been able to prevent contamination from waste.

3. Promote the creation of infrastructure and equipment necessary for sustainable waste management: Therefore, we will seek to create equipment that allows for the collection, separation and treatment of waste.

4. Professionalize, develop and strengthen service providers (formal and informal) involved in waste management.

5. Create a responsible culture regarding waste generation and management: All productive sectors participate in the generation of waste, so each one must assume that responsibility.

Program Strategies

The Program establishes priority strategies, specific actions and indicators to promote the participation of all sectors in responsible waste management, increased recycling, comprehensive solutions for waste management and the creation of infrastructure to ensure effective control. Among these, the following stand out:

1. Create mechanisms to promote and support the public recycling market and the economic valorisation of by-products, to avoid the generation of waste.

2. Implement processes and technological improvements to promote the prevention of waste generation, through the commercialization of by-products and recoverable materials.

3. Promote responsible consumption, as well as the prevention and reduction of the generation, recovery and final disposal of urban solid waste.

4. Strengthen regulations for waste management.

5. Increase inspection and surveillance efforts.

What do we propose?

Everyone must be responsible for their own consumption of resources, prevent waste generation as far as possible, manage waste generated appropriately, ensuring that it is reused or recycled and, as a last resort, safely contained.

In the case of companies, it is recommended to verify that waste management is carried out in accordance with the legislation, under the protection of an up-to-date registration as a generator. In addition, it is recommended to verify that the transport and final disposal of waste is carried out by duly authorized companies.

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