Legal Updates Articles


November 17, 2020

Notice of Change in Owners or Shareholders of Companies Domiciled in Mexico to be Filed with Mexico’s Federal Taxpayers’ Registry (RFC)

By José Soto

Section VI of Part B of Article 27 of Mexico’s Federal Tax Code (Código Fiscal de la Federación) was recently amended to require entity taxpayers to file notice with the RFC stating the name and RFC number of their owners or shareholders each time the composition of the owners or shareholders of such entity is modified or changed. Rule 2.4.19 of the Miscellaneous Tax Resolutions for 2019/20 (RMF) stipulates that the notice must be filed using transmittal form 295/CFF and occur within 30 business days following the effective date of the change of the composition of owners or shareholders. Apart from the above notice, Transitory Article Forty-Sixth of the RMF establishes that entities and other business associations that have not … read more


October 20, 2020

Mexico Adopts Changes to Information that Must Be Submitted to the National Registry of Foreign Investments

By Floriberto Morales

On September 4, 2020, Mexico published a new Decree requiring new forms to be used for requests and notices filed with its National Registry of Foreign Investments (“RNIE” by its initials in Spanish) in the Official Journal of the Federation. The new forms mandate the inclusion of more detailed information be provided in quarterly and in the annual RNIE economic reports. The following are the most significant changes: Important changes to the Quarterly Economic Report Form: • Copies of financial statements, as well as debtors and creditors’ schedules, must now be provided. • A new form called “Geographical destination of the investment or origin of the divestment” is now mandatory. • A “State presence” form requires information regarding the presence … read more


October 12, 2020

The State of Nuevo León, Mexico Enacts Important Reform for Commercial Leases Following Declaration of Health and Sanitary Emergency

By Jorge Ojeda

On October 2, 2020, Decree 358 was published in the Official Journal of the State of Nuevo León, adding a second paragraph to article 2326 of the Civil Code for the State of Nuevo León (“CCNL”), which reads as follows: “Art. 2326.- If the use of the property is impeded only in part, the tenant may request a partial reduction in rent, based on the opinion of experts, unless the parties elect to terminate the contract, if the impediment lasts as long as the time set forth in the prior article. Tenants of real property conducting commercial activities whose use and enjoyment of such real property was disturbed as a result of the declaration of a civil protection or sanitary … read more


April 3, 2020

Entry into Force Date of the USMCA

By Marissa Rodriguez

The United States, Mexico and Canada Agreement (USMCA) is scheduled to enter into force on June 1, 2020. In a letter, dated March 30, 2020, the United States Senate urged Robert Lighthizer, United States Trade Representative, to seriously consider delaying the date the USMCA will enter into force, noting that the COVID-19 pandemic has impacted governments and businesses in such a way that will not allow enough time and resources to ensure a smooth transition from the North American Free Trade Agreement (NAFTA) to the USMCA.


April 3, 2020

New Amounts in Controversy Applicable in Commercial Oral Trials and Expedited Commercial Oral Trials

By Jorge Sánchez Cubillo

The reforms to the Mexican Commerce Code, published on January 25, 2017 and amended by means of a decree dated March 28, 2018, set forth the time periods for transitioning from the traditional written trial system to commercial oral trials. Beginning January 26, 2020, lawsuits with an amount in controversy of up to four million pesos (approximately $210,500 U.S. Dollars) will be tried as Expedited Commercial Oral Trials, and those with amounts in controversy above such amount will be tried as Expedited Commercial Written Trials. On the other hand, all commercial trials for which a special trial procedure is not provided by applicable law must be tried as Commercial Oral Trials, irrespective of the amount in controversy. The principal objective … read more


March 30, 2020

UNITED STATES-MEXICO-CANADA AGREEMENT CHAPTER 15 CROSS-BORDER TRADE IN SERVICES

I. INTRODUCTION. Chapter 15 is one of the key chapters of the USMCA, as it establishes rules and obligations to facilitate cross-border trade in services among the Parties. While a few aspects of Chapter 15 remain as compared with the NAFTA, important differences exist in between the two, which were designed to positively impact cross-border services and ensure the growth of international business in the USMCA region. II. EXECUTIVE SUMMARY. The USMCA’s Chapter 15 on Cross-Border Trade in Services replaces Chapter 12, Part 5 of the NAFTA. While a few areas such as the scope, National Treatment, and Most Favored Nation (MFN) treatment remain the same, significant differences can be found with respect to modernization, expanding market access for labor … read more


March 28, 2020

Department of Economy

On March 23, 2020, official notice number 414.2020.654 dated March 20, 2020, was published on the webpage www.snice.gob.mx, pursuant to which the Department of Economy announced various measures to remotely maintain foreign trade transactions operational. In summary, the following was announced by means of said official letter: The electronic program “Ventanilla Única” will continue to operate in the regular manner. For IMMEX/PROSEC transactions that require submission of supplementary information, it must be sent to the following e-mail address: dgce.tramitesc@economia.gob.mx. With respect to applications for expansion of sensitive goods and subsequent IMMEX expansions, the Department of Economy exempts the requirement for ratification of such by an authorized public accountant. E-mail addresses were provided for use in connection with any and all … read more


March 27, 2020

UNITED STATES-MEXICO-CANADA AGREEMENT CHAPTER 19 DIGITAL TRADE

I. INTRODUCTION. The inclusion of Chapter 19 in the USMCA is one of the most significant indications of the modernization of the NAFTA and a major reason the Office of the United States Trade Representative has described the USMCA as a 21st Century Trade Agreement. The NAFTA took effect in 1994, at a time when the internet was new and “digital trade” did not yet exist, so the NAFTA did not include any digital trade provisions. The USMCA addresses digital trade by including Chapter 19 Digital Trade, in addition to other chapters that include provisions relating to digital trade, such as Chapter 7 Customs Administration and Trade Facilitation, Chapter 17 Financial Services, and Chapter 20 Intellectual Property. II. EXECUTIVE SUMMARY. … read more


March 27, 2020

UNITED STATES-MEXICO-CANADA AGREEMENT CHAPTER 15 CROSS-BORDER TRADE IN SERVICES

I. INTRODUCTION. Chapter 15 is one of the key chapters of the USMCA, as it establishes rules and obligations to facilitate cross-border trade in services among the Parties. While a few aspects of Chapter 15 remain as compared with the NAFTA, important differences exist in between the two, which were designed to positively impact cross-border services and ensure the growth of international business in the USMCA region. II. EXECUTIVE SUMMARY. The USMCA’s Chapter 15 on Cross-Border Trade in Services replaces Chapter 12, Part 5 of the NAFTA. While a few areas such as the scope, National Treatment, and Most Favored Nation (MFN) treatment remain the same, significant differences can be found with respect to modernization, expanding market access for labor … read more


March 23, 2020

Mexican Courts Announce Suspensions of Operations

Dear Clients and Friends, Given the impact caused by the COVID-19 pandemic, several jurisdictional authorities throughout Mexico, at both the federal and state level, have decided to halt their operations and suspend terms for an undetermined period. Below is a list of several governmental  authorities and the periods of suspension for each: Governmental Authorities Periods of suspension Supreme Court of Justice March 18 to April 19, 2020 Federal Judicial System March 18 to April 19, 2020 Federal Court of Administrative Justice March 18 to April 19, 2020 Federal Court of Conciliation and Arbitration March 18, 2020 until further notice Mexico City Judicial System March 18 to April 19, 2020 Mexico City Court of Administrative Justice March 18 to April 17, … read more