COVID-19 As Force Majeure Event In Lease Contracts

The World Health Organization (WHO) declared the outbreak of COVID-19 as a Public Health Emergency of international concern on January 30, 2020. On March 11, the WHO declared COVID-19 as a pandemic. On March 30, the Mexican Health Department declared the pandemic to be a nationwide Public Health Emergency caused by a Force Majeure. The…

Axel Ángeles – Associate – Los Cabos

Axel Ángeles Associate – Los Cabos Office: +52 (624) 146 9205 e-mail: aangeles@rosenlaw.com.mx Axel is admitted to practice law throughout Mexico (2020). His areas of practice include Real Estate, Resort & Hospitality, Labor & Employment contracts and advisory, condominium and shared ownership regimes, corporate compliance, commercial contracts, timeshare contracts, title investigations, PROFECO (Consumer Protection) approvals, and…

Mexican Tax Law

INTRODUCTION Mexican companies (including subsidiaries of foreign companies), as well as permanent establishments in Mexico of foreign companies are subject to: (1) federal taxation, including income tax, value added tax (VAT), and asset tax; (2) applicable foreign trade taxes, including customs processing fees, countervailing duties, if any, general import tax (import duties), and VAT; and…

Mandatory Standards and Labeling Requirements

Two of the more complicated aspects of importing products into Mexico involve compliance with mandatory standards and labeling rules.   Mandatory Standards (NOMs) Standards are official rules, technical specifications, guidelines and definitions that ensure that materials, products, processes, and services are harmonized and standardized. Mexican standardization procedures are established by the Methodology and Standardization Law,…

Right of Withdrawal from a Commercial Corporation

Tweet By: Luis Alcocer Chauvet  lalcocer@rosenlaw.com.mx   One of the fundamental rights of a shareholder is the right to withdraw from the corporation. The General Law of Commercial Corporations (the “Law”) regulates this right in Articles 15 and 220. Article 15 refers to all types of commercial companies in general, and Article 220 refers to…

Payment, Collections and Enforcing a Contract

The best way for U.S. exporters to avoid collections problems in Mexico is to demand payment prior to shipment or delivery. The second most important suggestion might be to conduct legal, reputational and financial due diligence on your customer before extending credit or terms. Other tools available to mitigate the risk of non-payment or make…

Mexico’s Anti-Money Laundering Law

Because of several financial compromises in Mexico during former President Felipe Calderón Hinojosa’s term last year, Mexican authorities have created a federal law to combat money laundering and prevent terrorist financing. On Oct. 17, 2013, the Ministry of Finance published the Federal Law for the Prevention and Identification of Transactions from Illegal Funds (Money Laundering…