In Mexico, in order for a company to carry out operations under its corporate purpose, it must request and/or manage several procedures, permits and licenses of a mandatory nature, which will allow it to operate legally, which will provide many benefits and will avoid a contingency in the future, which may result in a monetary penalty, a temporary closure to a permanent closure by the authorities in charge of ensuring that companies comply with the law in the State where they are located, whether municipal, state or federal. Operating
The procedures must be managed, as provided by law, before the municipal, state or federal authorities, in the terms and periods that the same legislation contemplates for its effects; therefore, it is very important to know that these periods can range from the beginning of operations, to the exercise of an activity that requires a special procedure or the closing of the same company.
In this regard, we will now mention those procedures that are mandatory for a company to be able to operate without problems and within the framework of the law.
First of all we have the registration in the Federal Taxpayers Registry (RFC) of the Tax Administration Service (SAT), registration which takes place once the company is incorporated, registration that will give legal life to the company, since when registering in the RFC the Authority will grant the certificate of electronic signature or e.signature. This certificate is considered the key to the company, and with it you will be able to issue tax receipts, file tax returns, file notices of change of activities, update addresses, notices of foreign partners, among other procedures that will allow you to have your information updated and in compliance with your tax obligations.
Thus, once the company is registered with the SAT, it will be able to start its operations, so it is also very important to consider that if the company is going to require workers, it must register with the Mexican Social Security Institute, where it will be given the employer registration number through which it will have its employees registered for social security purposes and thus avoid being sanctioned by the IMSS, since it is an independent agency with the power to determine credits for failure to pay employer fees.
Secondly, it should not go unnoticed that if the company intends to use a building or property for industrial or commercial use, it must request a land use permit from the Municipality, which will allow it to subsequently request the operating license, which will allow it to operate legally and safely in the place where it is located, since in this way it will avoid incurring administrative sanctions.
Therefore, in order for the companies to obtain the operating license, they must present through their legal representative the application for the commercial operating license before the Municipal Authority where the property is located, where the industrial, commercial and service activities will be carried out, and the authorization of the license will be subject to the company complying with the requirements established for its authorization.
The requirements that companies must comply with in order to be authorized to obtain an operating license, which are required according to the activity to be carried out; Such is the notice of operation and sanitary responsible before the Ministry of Health in case the company carries out activities related to the health of human beings, such as import and export of medical supplies, medicines containing narcotics or psychotropic drugs, special prescriptions, advertising, food, tobacco, beverages, among others; so they are required to submit the corresponding notice for the issuance of the sanitary permit.
In third order, and linked to the property in which the company will operate, we have as an obligation and requirement that companies have the
Internal Civil Protection Program, which must contain the prevention, relief and recovery in case of any contingency such as fire, earthquake, rain, extreme temperatures, spills or leaks of hazardous materials, etc., so that the PIPC(Programa Interno de Protección Civil) will have information on how to act in the event of any risk to which the company is exposed, The PIPC will contain information on how to act in the event of any risk to which the property where the company operates is exposed, so the people who work in the company must know this plan and, if necessary, know what action to take in accordance with the PIPC. It is worth mentioning that this PIPC will be tailor-made for the company, which is why it is impossible for it to be used in any other company.
The program must be approved by the Secretary of Civil Protection, who will evaluate the information and, if necessary, approve it or request the company to correct the corresponding details so that it can be approved.
Once the aforementioned requirements have been met, the company may submit the application for the operating license and pay the corresponding fees for its issuance.
Now, for those companies whose activities include the importation of goods, it is necessary to consider the need to have an importers’ registry, which is regulated by the SAT through the Administration of the Importers’ Registry attached to the General Customs Administration, where the latter is in charge of monitoring importers in order to avoid the informal economy, tax evasion and thus control the operations derived from foreign trade, which allows the prevention of those practices that may result in customs fraud or smuggling.
Therefore, if the company requires an importers’ registry, it must first be up to date with its tax obligations and prove to the SAT that it is registered and active in the RFC, in order to submit a request; this request can be submitted through the SAT portal using the company’s electronic signature.
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