Dear clients and friends,
The rules for the registration of these entities were published last Monday 24th and the main points are the following:
Individuals or legal entities that perform specialized services or specialized works and, in consequence, provide or make available their own workers to execute the services or specialized works for another entity, must register in http://repse.stps.gob.mx.
Registration will also be mandatory for those companies that provide complementary or shared services or works within the same business group.
The list of registred companies in this Registry or Census will be available for consultation online.
To obtain the registration, the following requirements must be complied with:
1. Require and provide in the online platform the following information:
- Current electronic signature;
- Name, denomination or corporate name in case of being a legal entity; or paternal and maternal surname and name(s) in case of being a person;
- Commercial name;
- Federal Taxpayers Registry;
- Address: street or avenue, exterior number, interior number, neighborhood or subdivision, zip code, locality, and municipality or city hall;
- Telephone number(s), cellular phone number(s) and e-mail address(es);
- Number of the company’s Articles of Incorporation, identification data of the notary or public broker who issued it, date of its notarization and corporate purpose (in the case of a legal entity);
- Employer’s Registration before the Mexican Social Security Institute;
- Information on the legal representative of the specialized services or specialized works execution company, first last name, second last name and first name(s), landline and cell phone number, current official identification (voting card, passport or professional license), CURP and e-mail address (for individuals and legal entities);
- Affiliation with the Instituto del Fondo Nacional para el Consumo de los Trabajadores.
- Total number of workers at the time of the registration request: a) By sex: # Women and # Men
- Specialized Economic Activity according to the “Catalog of activities for the classification of the companies in the insurance of labor risks” of the Mexican Institute of Social Security contained in the Regulation of the Social Security Law in Matters of Affiliation, Classification of Companies, Collection and Inspection;
- Activity or activities to be registered in the registry, and
- Predominant Economic Activity.
2. They must be up to date in their tax and social security obligations with the Tax Administration Service, the Mexican Social Security Institute and the National Workers’ Housing Fund Institute.
3. Individuals or legal entities wishing to join the Register and obtain registration must establish precisely the service they wish to provide or the type of work they wish to perform. For each of said activities, they must prove, under oath, the specialized nature and describe the elements or factors that support this exceptional nature.
To prove the specialized nature, information and documentation will be provided, according to the requirements of the platform, regarding: training, certifications, permits or licenses that regulate the activity, equipment, technology, assets, capital stock, machinery, risk level, average salary range, experience, among others.
The specialized services or works to be registered must be contemplated within its corporate purpose.
4. Individuals or legal entities registering in the Register through the electronic platform must submit the following documents in PDF or XML format:
- Valid official identification (Voting card, Valid Passport or Professional License) of the individual or of the legal representative of the company (PDF).
- Power of Attorney (PDF).
- Payroll voucher (XML).
- Articles of Incorporation and current corporate purpose (PDF).
- Proof of registration before the Federal Taxpayers Registry (PDF).
- Employer Registration(s) before the Mexican Social Security Institute (PDF).
- Proof of Address (electricity, property tax, telephone) (PDF).
If you wish to access the agreement of the Ministry of Labor, you can do so by clicking on this link:
As we have previously said, outsourcing matters must be analyzed with a well-rounded vision, covering also labor, tax, social security and contractual aspects.
The lawyers of the Firm remain at your service to advise and support you in the compliance and management of this new legal regulation.
Labor, Tax & Social Security
Sergio De La Rocha
Ana María Becerra