Mexico, a signatory to the Inter-American Convention on Letters Rogatory, has a well developed set of rules for presenting letters rogatory in Mexican courts, both federal and state, pursuant to the Mexican Federal Code of Civil Procedure (the “Law”). In addition to outlining the general rules for presenting letters rogatory in Mexican courts, the Law…
U.S. businesses operating in Mexico through a Mexican subsidiary or otherwise employing Mexico-based personnel must comply with Mexican labor law. Mexican labor and employment law is codified in the Mexican Constitution and the Federal Labor Law of 1970 (the “Law”). Mexican labor law is paternalistic and grants considerable legal rights and benefits to workers. For…
Before shipping merchandise to Mexico, U.S. exporters are advised to secure the services of a licensed customs broker. Customs brokers are able to provide information on applicable duties and non-tariff regulations. More importantly, they are able to guide products through Mexico’s sometimes convoluted and confusing customs process in a timely and relatively hassle-free manner. The…
One of the main issues confronting the financial sector worldwide as a result of the economic and real estate market troubles is how to deal with developers and homeowners alike who, due to unfavorable financial and market conditions, are unable to timely repay loans. This issue is particularly acute with respect to foreclosing on “cross-border…
Technology has changed the way businesses and authorities deal with personal information. As an emerging player in world economy, Mexico is no stranger to protecting how personal information is accessed, used and disclosed. Accordingly, Mexico has issued several regulations to protect personal data. The Personal Data Protection Law (PDPL), which entered into effect on…
Como consecuencia de la crisis inmobiliaria y financiera que afectó al mundo a partir del año 2008 y la correspondiente falta de financiamiento tradicional crediticio, el gobierno Mexicano llevó a cabo una serie de acciones para impulsar el desarrollo en el país y en particular del sector inmobiliario y la infraestructura, entre las cuales se…
The purpose of this memo is to explain the legal framework and documentation required to become a naturalized Mexican citizen and obtain a Naturalization Card or “Carta de Naturalización” (CN). I. TYPES OF NATIONALITY Nationality rules change from country to country. According to both Mexican and US law, a person may obtain nationality by…
All foreigners visiting, staying or developing activities in Mexico are subject to Mexican immigration law and regulations. Failure to comply with immigration provisions may be punishable by fine, prison and/or expulsion. Acts (such as signing contracts, bids, permits or other public and private documents) performed in Mexico by foreigners not holding the proper visa may…
Many U.S. companies looking to strengthen their position in the Mexican market will choose to incorporate a Mexican subsidiary sales office. Having a local subsidiary offers many advantages not otherwise available to companies exporting or doing business in Mexico, including: Delivering goods and services directly to Mexican customers supported by a Mexican invoices (factura) Contracting…
The acquisition of real estate in Mexico by foreign citizens requires adherence to strict formalities established by the Mexican constitution, laws, and civil law tradition. Foreigners who acquire property in Mexico without abiding by these formalities and laws run the risk of losing their investment and being subject to fines and penalties. Moreover, the Mexican…