Notice on Procedures Related to authorizations of use of Business Names

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Press Release No 134/12
Mexico City, June 7 2012

Pursuant to the reform of the Foreign Investment Law and the Organic Law of Federal Public Administration, published in the Official Gazette of the Federation on December 15, 2011, the power to authorize the use or change a company or business name in Mexico is transferred to the Secretariat of Economy as of June 16, 2012.

In an attempt to optimize the process for opening a business, the Secretariat of Economy is developing a new computer service to attend to procedures which derive from its new assignment. The service is expected to start on Tuesday, September 18, 2012. Following examples of international best practices, these procedures can be quickly and securely done on-line using advanced electronic signatures known as "Fiel" (issued by the Tax Administration Service) and "FEA" issued by the Secretariat of Economy.

Transition Phase

The Secretariats of Foreign Affairs and Economy have agreed on a transition period of three months from June 16 to September 18, 2012, in which procedures to (a) authorize the use of a company or business name to establish a company or association, and (b) authorize the change of a company or business name of a company or association, as well as notices on the use of a company or business name, and of the liquidation, merger or division of companies and associations, will continue to be dealt with through the following means, on the understanding that the agency granting or denying the aforementioned procedures shall be the Secretariat of Economy in the exercise of its new power and based on the AGREEMENT THROUGH WHICH THE MENTIONED POWERS ARE DELEGATED TO PUBLIC SERVANTS OF THE SECRETARIAT OF ECONOMY, and which will be published in the Official Gazette of the Federation: 

1.         Windows. 
 
In the same windows used by the Secretariat of Foreign Affairs, including the Delegations of the said agency located in the states where this service has been offered. At the end of this notice there is a list of offices where these procedures will be available;
 
2.         On-line. 
 
a.         For Notary Publics. Through the system called “SIPAC Fiel”, when the applicant requesting authorization is a notary public or broker. If you are a notary public or broker interested in using this tool, please call the Help Desk mentioned below or contact the Directorate General of Trade Regulations of the Secretariat of Economy directly: and
 
b.         For the General Public. Through the website www.tuempresa.gob.mx, when forming variable capital corporations (S.A. de C.V.) or limited liability companies with variable capital (S. de R.L. de C.V.).
 
The notice of amendment of the foreigners exclusion clause referred to by Article 20 of the Regulations of the Foreign Investment Law and of the National Register of Foreign Investment, will continue to be dealt with by the Secretariat of Foreign Affairs, under the terms indicated by the said agency.
 
Companies established abroad which subsequently adopt Mexican nationality, and therefore require authorization to use their company or business name according to the Foreign Investment Law, should apply under the terms given above for company or business name authorizations.
 
Opening hours of the Windows will be from Monday-Friday, on working days, from 0900 to 1430.
 
During this transition period, authorization or denial, as is the case, issued by the Secretariat of Economy shall not exceed two working days counting from the day the application was made, under the terms anticipated in the Foreign Investment Law.
 
The Secretariat of Economy has a Help Desk to provide remote assistance to answer any questions about the contents of this notice. The service is available on working days, from Monday through Friday, from 0900 to 1800, through the following mechanisms:
 
a.         Toll-free telephone: 01800-08 32 666
b.         e-mail: Esta dirección de correo electrónico está protegida contra spambots. Usted necesita tener Javascript activado para poder verla.  
c.         On-line chat through the website www.economia.gob.mx
 
Our aim is to facilitate the completion of procedures relating to the business life-cycle, using technology simply, securely and with legal validity, and we thank you in advance for your comprehension during this transition phase.

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