Issue 108–January 2013

January 10, 2013

Jurisprudence– Promissory Notes Incorporated in Receipts

The First Chamber of the Supreme Court of Justice of the Nation (SCJN) approved the ruling by contradiction number 4/2013 (10a.) titled “Promissory Note incorporated in a receipt. In order to satisfy the requirements set forth in Article 170, Section V of the General Negotiable Instruments and Credit Operations Law, it is sufficient for the time and place of payment to be included in any part of such.” In this ruling, the SCJN has determined that it is sufficient for the document containing the promissory note to include all requirements established by Article 170, Section V of the General Negotiable Instruments and Credit Operations Law, including those not expressly provided for, in order to satisfy such requirements. The fact that … read more

January 10, 2013

Real Estate Law – Does the Broker’s Lien Exist in Mexico?

By Jorge Ojeda and Carrie Osman

Texas law allows real estate brokers to perfect a lien on commercial properties in order to guarantee payment of their commission in a manner similar to that known as the “mechanic’s lien.” In Texas, this law is known as the “Broker’s and Appraiser’s Lien on Commercial Real Estate Act” and more than half of the states in the U.S. have laws providing for the so-called “Broker’s Lien.” In order to create a “Broker’s Lien,” it is necessary to have a commission/fee agreement in writing between the real estate broker and the party with an interest in the real property (seller, buyer, lessor, lessee). Texas law contains specific provisions on the content of the agreement, including disclosure and notice requirements, among … read more

Labor Law – Analysis of Mandatory Days of Rest
By Pablo Sáenz

Article 74 of the Federal Labor Law, amended on January 17, 2006, establishes mandatory days of rest as those days of rest paid to employees allowing them to attend to their personal, family, civic, political or religious obligations. Despite its publication over six years ago, this provision continues to generate confusion; therefore, this article will attempt to clarify various aspects of such. Mandatory days of rest are currently the following: (i) January 1, so that the employee will not have to work on the day after the end of year celebration; (ii) the first Monday in February, in commemoration of February 5, the anniversary date of the Mexican Constitution (this is one of the mandatory days of rest modified with … read more

Regulations to the Mexican Immigration Law

On September 8, 2012, Regulations to the Mexican Immigration Law (the “Regulations”) were published in the Official Journal of the Federation and came into effect on November 9, 2012, giving full effect to the Immigration Law (the “Law”) published on May 25, 2011. The Law and its Regulations define the “Immigration Status” of foreigners in the Mexican territory. The Law and Regulations classify Immigration Status as follows: (i) Visitor, to carry out paid or unpaid activities for up to one hundred eighty calendar days, including regional visitors and border visitors; (ii) Temporary Resident, allowing foreigners to reside in Mexico for up to four consecutive years; and (iii) Permanent Resident, allowing foreigners to reside in Mexico for an indefinite time. On … read more

Option for not Filing Tax Report

It is important to keep in mind that, in accordance with the Federal Tax Code, taxpayers required to file financial statements through an authorized public accountant that have accumulated income greater than MX$40,000,000.00 for the prior fiscal year or with a value of assets or number of employees in excess of the quantities referenced by such Code and who are choosing not to file such tax report, must give notice of their intent to exercise this option using the normal income tax return corresponding to the respective fiscal year. This option must be exercised within the term established by the legal provisions for the filing of the normal income tax return for the fiscal year (no later than March 31). … read more