I.Introduction:
On September 30th, 2024, the "General Provisions for the operation of the Single Registry of Investment Projects" (the "General Provisions") were published in the Official Gazette of the Federation ("DOF").
II.Background:
On July 26th, 2023, the “Decree creating the Single Window for Investors and the Single Registry of Investment Projects” (the “Decree”) was published in the DOF, which provides mechanisms to guide and accompany investors in the procedures to be carried out before the different agencies of the Federal Public Administration, to generate a favourable environment for the installation of their investments.
Persons interested in carrying out an investment project in Mexico have access to support from the Ministry of Economy (“SE”), for which projects must be registered in the Single Registry of Investment Projects (“RUPI”, in Spanish) prior to carrying out the procedure.
These accompaniment processes are instruments that facilitate the planning and establishment of investment projects, which are carried out through the Single Window for Investors, as they help them to have access to guidance and information regarding the procedures they must follow for the installation of their investment (location of offices, telephone numbers, websites, opening hours and other relevant information), as well as information on relevant aspects of investment, such as communication routes, labour force, infrastructure and other assets and services available to facilitate their decision to materialize their investment.
Registration in the RUPI is evidenced by a non-transferable electronic certificate containing the unique registration code.
III.Content of the General Provisions:
The registration of investment projects in the RUPI must be made through the RUPI electronic management portal (“System”).
In order to register in the system, the investor must have a valid advanced electronic signature certificate (“e.Signature”). Once the investor is registered in the system, the system assigns and investor number.
The investor can designate through the system the legal representative who in its name can register investment projects in the RUPI and be the link for the corresponding follow-up.
The General Direction will verify that the economic activity, the federal entity of destination and other elements of investment are in accordance with the strategies and priorities of the National Development Plan and the industrial policy determined by the Federal Government. In case it is not, the General Direction must guide the investor on such strategies and priority, in order that, if it deems it convenient, it enters a new application for registration at the RUPI that complies with such alignment
The General Direction oversees providing support in the process of materializing the investment project with respect to the federal procedures required for this purpose. This accompaniment has different periods of validity
i.Two years in the case of projects for:
a.The establishment of a new foreign investment, or
b.The establishment of a new Mexican company
ii.One year in the case of projects that intend to expand operations or create new lines of production for a company already incorporated, though an increase in capital stock, financing by third parties or by the same corporate group, through the reinvestment of profits, among others, and
iii.Five years in the case of projects that, according to the information registered in the RUPI, the amount of investment is greater than ten times the amount of USD$100,000,000.00 (one hundred million dollars 00/100 U.S. Cy.), provided that the time required for its materialization is greater than two years.
Once the investor has completed the procedures related to the materialization of the investment project or when the term of the project ends, the accompaniment process is considered concluded
Finally, those investors who have an investment project whose process began before Tuesday, October 2nd, 2024, without completing the necessary procedures, may apply for registration at RUPI within 90 calendar days after that date
For additional information in this regard, please contact any of the members of our Infrastructure & Energy practice team.
Pactice área: Infrastructure & Energy
Guadalupe Esparza Sánchez
M. Alejandro Ripoll González
Diego Álvarez Ampudia
Rodrigo Acuña Gorozpe
Fidel Fernández Cerdeira
Andrea Sánchez Ramos
asanchezr@rrs.com.mx