Issue 116–September 2013

September 26, 2013

Real Estate Law. Buying and Selling Real Property and Mexico’s Anti-Money Laundering Act

By Jorge Ojeda

On July 18, 2013, the Federal Law for the Prevention and Identification of Operations with Illicit Resources (the “Anti-Money Laundering Act”) went into effect, the same which was issued by the Mexican Congress for the purpose of serving as an information hub in the government’s fight against money laundering. Similarly, (i) on August 16, 2013, the Regulations to the Anti-Money Laundering Act (the “Regulations”) were published; (ii) on August 23, 2013, the General Rules (the “General Rules”) were published; and (iii) on August 30, 2013, the formats for registration and notification in terms of the Anti-Money Laundering Act were published (the “Formats”). The Anti-Money Laundering Act contains a list of at-risk activities and requires those who conduct such activities to … read more

September 11, 2013

Mandatory Weekly Rest Days

By Pablo Sáenz

Mexico’s Federal Labor Law provides a series of rights that employees are entitled to that allow them to work under optimal conditions resulting in greater productivity and better performance of their job responsibilities. Among such rights is the right to receive a day of rest on at least a weekly basis. The purpose of the weekly rest day is to protect the health and physical and mental integrity employees. Such is intended to allow employees to reenergize themselves after the work week, and to provide them with time to rest and to spend time with their families. The Federal Labor Law establishes that for each six days of work, an employee will be entitled to at least one day of … read more

Recommendations for the Use and Preservation of Registered Trademarks
By Antonio Campero

In Mexico, as in the rest of the world, trademarks that are duly registered may be enforced against third parties who attempt to utilize or copy them. Nonetheless, it is advisable to take certain measures with respect to their use and proper maintenance, including the following recommendations: Ensure that the marks are always used in the manner in which they were registered. Many times the design of a trademark evolves over time, which means that while the mark continues to maintain similar elements, it has been modernized in such a manner that it can no longer be considered the same trademark that was previously registered. In this case, the rights pertaining to such trademark may be lost for failure to … read more

Recent Jurisprudence- Maximum One Month Salary for Employee Profit Sharing for Certain Employers

Recently, the Second Chamber of the Supreme Court of Justice of the Nation (SCJN) resolved a contradiction by legal opinion resulting in legal opinion number 2a./J. 112/2013 (10a.) titled: Employee profit sharing. The amount set forth in Article 127, section III of the Federal Labor Law is only applicable to employers exclusively dedicated to activities indicated in such regulation.” In this ruling, the Second Chamber of the SCJN held that the legislative intent upon creating such concept was that the maximum amount of one month’s salary for employee profit sharing applies only to employers that obtain their income from the administration of assets and properties that generate rent, debt collection and interest, as long as such activities constitute the employer’s … read more

Privacy in Mexico, New Risks and Requirements
By Fransisco Peña

Mexico ardently protects the privacy of its individual citizens’ personal data and sensitive personal information (Information). This protection is enforced though the Federal Personal Information Protection Law ( Law) and its regulations (Regulations). The Federal Institute for Access to Public Information and Protection of Information (IFAI) is the agency in charge of enforcing the Law and its Regulations. The Law has the following eight main principles: i) Lawfulness, which requires using the Information in compliance with the Law; ii) Consent, meaning that consent should be obtained before handling the Information; iii) Information, prescribing instructions as to how Information should be handled; iv) Quality, seeking to maintain current and correct Information ; v) Purpose, tending to limit handling of the Information … read more