Issue 106–November 2012

November 1, 2012

Jurisprudence – Mexican Individual Employment Agreements – File Retention Requirements

The First Collegiate Circuit Court of the Auxiliary Center of the Mexico’s Tenth Region issued opinion VIII.1o. (X Región) J/4 (9a.) titled: “Individual Employment Agreement for a Definite Time or Task. The Employer has the obligation to retain such documents in their files for at least one year after termination of the employment relationship when such relationship continues for an indefinite time.” In this opinion, the Collegiate Circuit Court held that, in accordance with section I, as well as the last paragraph of Article 804 of the Federal Labor Law, the employer has the obligation to retain or safeguard individual employment agreements entered into for a definite time or task and, if applicable, present such in lawsuits, when required, for … read more

November 1, 2012

Real Property Searches

By Jorge Ojeda

In Mexico’s legal system, a general principal exists that holds that an important purpose of public registries is to provide public notice of the legal acts recorded therein, so that such acts may be considered effective as to third parties and to provide certainty as to the date the acts were recorded. Note, however, that recordation by itself does not create ownership rights for property owners. When conducting a legal inspection of a proposed real estate project, it is necessary to define the aspects that should be reviewed, which include recordation issues that may relate to the real property in question, and thus result in a need to consider various issues. First, the scope of private ownership in Mexico should … read more

Amendments to the Rules for Certified Companies
By Iker Dieguez

On November 1, 2012, Mexico’s Treasury Department published the First Resolution on Amendments to the General Rules on Foreign Trade for 2012 in the Official Journal of the Federation. In the May and June editions of the CCN MexicoReport™, we published articles related to the registration of Certified Companies and the NEEC certification system (Nuevo Esquema de Empresas Certificadas) or “NEEC”. In general terms, the Certified Company process consists of registering one’s company with the Mexican Tax Administration Service by means of which the registered company obtains access to various administrative facilities for customs clearance of merchandise, after having shown a high degree of compliance and control with respect to their tax and customs obligations. Among other benefits obtained by Certified … read more

Patent and Invention Searches
By Antonio Campero

Registered patents and inventions represent the technological status of a sector or country. Today, nearly all industrialized countries have electronic databases run by their government operated patent and trademark offices, which include inventions that have been registered and that are currently being used, or which will soon be used in commerce. As a result, it is relevant, though infrequent, for companies to consider searching various databases run by the governmental patent and trademark offices (meaning registered inventions or those whose registration is under way and have been published), in order to become aware of the technological tendencies within their sector. Failure to do so means potentially losing out on a great opportunity to initiate investigations based on the results obtained … read more