Mexico’s department of public administration issues guidelines for the new registry of business integrity and distinction
On November 9, 2022, the Department of Public Administration (“Department”) published the Agreement issuing the Guidelines for the Registry of Business Integrity and Distinction of the Department of Public Administration (“Decree”). In accordance with the published guidelines (Guidelines), the registry consists of a record maintained by the Department of companies that have an integrity policy; […]
Financing the Start-Up or Expansion of a U.S. Business
There are generally two ways to raise capital for the start-up or expansion of a U.S. business, either by debt financing or equity financing. Debt financing involves a loan wherein the borrower must pay the lender the principal amount of the loan plus interest, and equity financing involves selling equity interests in the business to […]
Mexico Enacts New Time Zones Law
Mexico has enacted a new law governing how time zones will be treated throughout the country. On October 28, 2022, the Decree issuing the Time Zone Law in the United Mexican States (the “Law”) was published in the Official Journal of the Federation. The new Law became effective October 30, 2022 and, with it, the […]
State of Nuevo Leon Establishes Environmental Taxes
As of January 1, 2022, the State of Nuevo Leon established environmental or green taxes, which companies with operations in Nuevo León must pay when they file a monthly statement of emissions and/or polluting discharges. The applicable legislation establishes specific parameters and the obligation to pay said taxes in cases where the companies exceed certain […]
Formation of the decentralized public entity “Litio para México”
On April 20, 2022, the Mexican Congress passed an amendment to the Mining Law, providing that lithium will now be considered as owned by the Mexican government and that the rights to such substance may no longer be the subject of concessions, contracts, or administrative acts for the benefit of private parties. For this reason, […]
Important Supreme Court decision on wire transfers
In May 2021, the First Chamber of the Mexican Supreme Court of Justice (the “SCJN” for its initials in Spanish), in decision 206/2020 resolving prior contradictory rulings, held that electronic transfers carried out through systems provided by banking institutions should not be considered infallible; therefore, there is no absolute legal presumption as to their proper […]
Methods for Judges to uphold the principles of the Mexican Constitution and Treaties
On June 19th, 2022, two important judicial decisions were issued by the First Chamber of the Mexican Supreme Court and published under case numbers 1a./J. 84/2022 (11a.) and 1a./J. 85/2022 (11a.), with the headings: “Adherence to Constitutionality and conventionality ex officio. Methodologies to exercise such adherence” and “Upholding Ex officio legal constitutionality and conventionality. Such does not imply […]
SENER seeks to limit competition in the natural gas market
On June 13th, Mexico’s Department of Energy (“SENER”) issued an official communication instructing the National Center for Natural Gas Control (“CENAGAS”) , as part of the requirements to transport natural gas from the import points where a State productive company (or its subsidiaries or affiliates; the “EPE”) has reserved capacity upstream of said points, to […]
Mexico publishes new rules for teleworking and health & safety in the workplace
On January 21, 2021, Chapter XII Bis was added to Mexico’s Federal Labor Law (“LFT” for its acronym in Spanish) regarding the performance of work activities from a remote location to the workplace, now called teleworking (Teletrabajo in Spanish). Although it is true that this type of work offers considerable benefits, it also generates new […]
Mexico’s Supreme Court issues decision on scope of powers of attorney
In accordance with Mexican law, the delegation of authority to a third party, whether by a company or an individual, must follow a formal procedure through the execution of a written power of attorney, which in most cases consists of a written instrument establishing the specific authority that the attorney-in-fact will have. The granting of powers […]
