Outsourcing reform. Guidelines for the registration of individuals or entities that provide specialized services or execute specialized works

The main aspects established by the agreement are the following: • Registration will be mandatory for individuals or entities that provide specialized services or execute specialized works, as well as for companies that provide complementary or shared services or works within the same corporate group. • Registration will be carried out through a digital platform that may be accessed at this link, in which interested parties must provide the following information: 1. Valid electronic signature. 2. Name, denomination or corporate name in the case of a legal entity; or paternal surname, maternal surname and given name in the case of an individual. 3. Trade name. 4. State. 5. Federal Taxpayer Registry. 6. Address. 7. Geolocation. 8. Landline number, mobile number and email address. 9. Number of the company’s Articles of Incorporation, identification data of the notary or public broker who issued them, date of their notarization and corporate purpose. 10. Employer Registration before the Mexican Social Security Institute. 11. Data of the legal representative of the specialized services or works execution company. 12. Affiliation before the Institute of the National Fund for Workers’ Consumption. 13. Total number of workers at the time of the registration application. 14. Specialized Economic Activity in accordance with the “Catalog of activities for the classification of companies in the occupational risk insurance” of the Mexican Social Security Institute. 15. Activity or activities to be registered in the registry. 16. Predominant economic activity. • It provides that, at the time of their registration, interested parties must be up to date with their tax and social security obligations. • The service to be provided or work to be executed must be precisely specified, and the specialized nature thereof must be evidenced by means of information and documentation supporting that exceptional nature. • The specialized services or works to be registered must be contemplated within the corporate purpose of the applicant. • The registration application in the registry will be carried out through the platform providing the following documents: 1. Valid official identification of the individual or of the legal representative of the company. 2. Notarial Power of Attorney. 3. Payroll receipt. 4. Articles of Incorporation and the current corporate purpose. 5. Certificate of registration in the Federal Taxpayer Registry. 6. Employer Registration before the Mexican Social Security Institute. 7. Proof of Address. • After the documents are uploaded, the platform will assign a reference number with which the registration can be tracked. • The Ministry will have a term of 20 business days following the registration application to analyze the information provided and, if applicable, issue the registration notice, in which the registration number will be recorded; the reference number for each specialized service or work registered, the name of the specialized service or work and the name of the individual or entity holding it. If the Ministry does not respond within said term, the applicant may require the Ministry to issue the corresponding notice and, if it fails to do so within the term of 3 business days, the registration will be deemed completed. • The Ministry may request additional information from the applicant and from any governmental entity to corroborate the information provided. • The Ministry may deny or cancel a registration, and must notify the interested party so that, within a term of 5 business days, it may state what is in its interest in the event of cancellation. • The registration will have a validity of three years and the renewal procedure must be initiated three months prior to the expiration of its validity, and it will be essential for the contractor to be able to provide its services. • It will be the obligation of the individuals or entities that obtain the registration to fully identify their workers by means of the image, name, badge or identity code that links said workers with the company that provides the specialized service or executes the specialized work within the facilities of the contracting party. • The contracts corresponding to the provision of specialized services or execution of specialized works must state the current registration and reference number of the specialized activity or work. For further information you may consult the publication in the DOF at this link. We reiterate that we are at your service to resolve any questions in this regard, as well as to support you in the registration process and implementation of changes related to the reform on subcontracting. For additional information, contact our experts: Rodolfo Trampe, Partner: +52 (55) 5258 1054 | rtrampe@vwys.com.mx Alix Trimmer, Associate: +52 (55) 5258 1016 | atrimmer@vwys.com.mx Alejandro Pérez, Associate: +52 (55) 5258 1054 | alperez@vwys.com.mx Ricardo Rosas, Associate: +52 (55) 5258 1054 | rrosasg@vwys.com.mx