The Federal law for the prevention and identification of operations mentions, with resources of illicit origin (LFPIORPI) in its article 17 section XIII that the receipt of donations by non-profit associations or companies for a value equal to or greater than the equivalent of 1,605 times the minimum wage current ($ 227,428.50 pesos) in which case such donations will be identified.
Now, the receipt of donations for an amount equal to or greater than the equivalent of 3,210 times the current minimum wage ($ 454,857.00 pesos) in Mexico City will be notified to the Secretary of Finance and Public Credit as stipulated in the second paragraph of article 17 Section XIII of the LFPIORPI.
It is worth mentioning that if the donations are made for amounts lower than those indicated above, they do not generate any obligation, that is, it will not be necessary to present the notice referred to in the previous paragraph. However, if within a period of 6 months, donations are received by the same physical or legal person that accumulate the amount described above, then they will be obliged to formulate the respective notice once said amount has been accumulated.
Notices must be submitted electronically and using the format determined for that purpose by the Ministry of Finance and Public Credit, no later than the 17th of the immediately following month, in the event that the 17th of the corresponding month is a day non-business days, the next business day will be taken as the deadline to present the notice. If the notice is not presented within the specified period, the sanction may go from 200 to 2,000 days of minimum wage, said fine will increase from 2,000 to 10,000 times the current minimum wage if said notice is not presented within a period of 30 days from of the date indicated by law to present it, this in accordance with articles 53 sections II and VI, 54 sections I, III of the LFPIORPI.
Likewise, the law establishes as an obligation of the people who establish themselves in the cases of vulnerable activities, among them, the organizations that receive donations for the amounts indicated above, the following: they must be guarded, protected, safeguarded and avoided from destruction or Hiding the information and documentation that supports the Vulnerable Activity, it is extremely important to keep this information, physically or electronically for a period of 5 years from the date of the activity, based on article 18 Fraction V of the LFPIORPI.
For what Civil Societies, even if they are non-profit, are subject to comply with the obligations, requirements that are stipulated in Federal law for the prevention and identification of operations with resources of illicit origin.
Arturo de la Peña
Gloria Ponce de León & Hernández