Recommended Precautions When Transferring a Timeshare Interest in Mexico
Timeshare transfers in Mexico have become more common in recent years, and unfortunately several forms of scams have been used to victimize timeshare owners. This article lists some important considerations to take into account when receiving an alleged offer to purchase a timeshare interest. For purposes of Mexico’s Federal Consumer Protection Law (“LFPC”), a timeshare […]
Mexico Publishes New Draft Regulations on the Transportation of Hazardous Substances and Materials
On February 20, 2023, a draft of Official Mexican Standard (“NOM”) PROY-NOM-002-1-SCT-SEMAR-ARTF/2021 (the “Draft One”) was published on the Official Journal of the Federation (“DOF”) regulating the official list of hazardous substances and materials (hazardous goods), including instructions and use of packaging/containers, intermediate bulk containers (RIG), large packaging/containers, portable tanks, multi-element gas containers and bulk […]
Advantages of Nearshoring in Mexico – A Cost-Effective Alternative to Asia
The integration of commercial trade within North America is moving forward, and companies are looking to take advantage of the benefits that Mexico has to offer. With the rise in labor and transportation costs in China, ongoing trade wars, the war in Ukraine and growing concerns over resiliency, many supply chains have been disrupted. As […]
Preparing a Mexican Company for Legal Due Diligence in Cross-Border or International Transactions
In general, it is common for the legal due diligence of a Mexican company’s operations in cross-border or international transactions to cover the period up to the time a potential buyer requests information from the company. Such situation may or can result in a delay of the sale, reduction of the price, withholding of the […]
Recommendations for Granting Guaranties (Pledges) on Personal Property in Mexico for International and Cross-Border Transactions
As a general rule, personal property located in Mexico or originating in Mexico may be granted as a guaranty in accordance with Mexican laws and regulations (Mexican guaranties) or in accordance with the laws and regulations of other countries (non-Mexican guaranties). That will be dependent on, among other criteria, the agreement by the parties as […]
New Decree Terminates Air Cargo Operations at Mexico City’s Benito Juarez International Airport
On February 2, 2023, a Decree was published in the Official Journal of the Federation (the “Decree”) ordering the termination of domestic and international air cargo transport operations, both regularly scheduled and unscheduled flights, at the Mexico City International Airport (“AICM”). The new Decree was preceded by a separate decree published on March 3, 2022, […]
Legal Liability for Soil Contamination in Mexico
Although environmental law issues should generally be considered in any transaction, this article undertakes a brief review of the relevance of such issues in projects involving real estate. In accordance with the provisions of article 4 of Mexico’s Political Constitution, any environmental damages will be the legal responsibility of the party who causes such damages, […]
USMCA Arbitration Panel Issues Final Report Interpreting North American Automotive Rules of Origin
On January 11, 2023, the Arbitration Panel established in accordance with article 31 of the Unites States – Mexico – Canada Agreement (“USMCA”) published its final report regarding the enforcement and interpretation of important provisions governing the rules of origin applicable to the automotive industry under the USMCA. It should be noted that on August […]
Justice Norma Piña – Mexico Supreme Court President
The new year brought magnificent news for the Mexican judicial system and for the balance in the division of powers within the Mexican government. As per the powers of the Plenary Session of Mexico’s Supreme Court, the justices elected Justice Norma Piña as their president for the 2023-2026 time period, in accordance with constitutional terms. […]
The Three Amigos
It is known as the Three Amigos Summit and is of enormous importance to the strength and integration of North America. At the beginning of 2023, the United States-Canada-Mexico group received a decided boost from the three leaders, Canadian Prime Minister Justin Trudeau and Presidents Joe Biden and Andrés Manuel López Obrador. The three met […]