What is and how to lift a premises closure?

The closing of a business in Mexico is an act carried out by the competent authorities. It consists of ordering the suspension of the activities of the commercial establishment, either partially, temporarily or permanently. Its causes are many and are found in Article 7 of the Regulations of Commerce and Services of each entity.

If you have had your business closed and want to know how to lift the sanction, read on because today we will tell you everything you need to know.

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What is the closing of a mercantile establishment?

In Mexican law, the closing of a mercantile establishment is an administrative act imposed by the authorities on businesses when they do not comply with the provisions of the Law. The authorities that may close a mercantile establishment are:

• • Civil Protection
  • The Federal Commission for the Protection against Sanitary Risks (COFEPRIS).
  • The Tax Administration Service (Servicio de Administración Tributaria, SAT)
  • Municipalities
  • The Health Protection Agency (AGEPSA)
  • Mexico City’s Environmental and Territorial Planning Attorney’s Office (PAOT)
  • The Institute of Administrative Verification (INVEA)

Main reasons for closing a business

There are many causes for the authorities to proceed to a partial, total, temporary or definitive closure, which are defined according to the seriousness of the infraction and the establishment. In general, these are:

• Establishments that do not have their corresponding sanitary authorization.
• Establishments whose activities violate sanitary provisions and represent a health hazard.
• Establishments that endanger people’s health due to repeated violations of the precepts and provisions of the Administrative Code of their entity.
• In cases where, after the reopening of the establishment, activities continue to be carried out that represent a health hazard, whether for employees, customers or the general population.
• Establishments whose activities are dangerous, or which by their nature put the health of the population at risk.
• In the event of a third repeat offense of the sanctioned activity, the establishment will be permanently closed.

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How do you lift a business closure?

If you have had your business closed, you are probably wondering how to remove a closure seal and what you can do to resume daily activities.

Well, the first thing to do is to verify that the corresponding authority that conducted the verification visit has taken an official document where it is clearly stated what the sanctioned activities are.

Once you have detected the reason for the sanction, the next step is to make sure that you comply with the authorities’ requirements for a subsequent verification visit. Once you have done this, file a written document with the authorities that imposed the closure and bring all the documentation that proves that you are complying with the rules of civil protection, inspection or sanitary safety.

In the event that you must take more time, for example, in the case of operating without a license necessary for the functions of your business, you must request in the written notice the opportunity to cure and complete the requirements that you have not complied with.

Now, if you realize that you have complied with all the requirements of the authorities and they have still closed your business, or they do not lift the closure after having presented the corresponding evidence, we recommend you to hire a lawyer specialized in commercial matters.

Your lawyer will help you to file an amparo or nullity lawsuit, where the closure issued by the corresponding authorities is invalidated, so that you can return to normal operations in a period of no more than 15 business days from the next day in which the closure was executed.

However, you should know that while your lawsuit is in process, the suspension will remain valid and that you will not be able to break the seals, at the risk of a fine. So we recommend that you act as soon as possible to avoid wasting time and money.

How much is the fine for business closure?

Depending on the activity sanctioned, the equivalent of the fine is between 20 thousand to 50 thousand days of minimum wage at the time the sanction is imposed. In Mexico City, fines vary depending on the Administrative Code of each city.

In case you break or remove the closing seal, the fines could be even higher, and you could even be deprived of your freedom since it is a crime found in the Penal Code.

At LEX & CO tax law firm we want to help you. If you were sanctioned with the closure of your business, contact us at 5568401076, email firma.lex.co@gmail.com, through our contact form or WhatsApp.

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More than 30 years of experience and a team of lawyers with expertise in extrajudicial collection, foreclosure, claim action and all branches of law endorse us as the best option to help you lift a business closure. Contact us and learn about the art of winning!

Lic. Carlos Figueroa Rodríguez

Carlos Figueroa Rodríguez, attorney at law at Lex & Co. He has more than 10 years of experience in specialized cases involving insurance claims and medical malpractice. He is a graduate of the Universidad Anáhuac and has a Master’s Degree in Constitutional Law and Amparo from the National Bar Association. He also has a Doctorate in Juridical Sciences from the UCI Mexico. Professional license 6577215.