Recently, two important new legal decisions regarding the issuance and endorsement of digital promissory notes were published in the Mexican Federal Judicial Weekly, established by Circuit Collegiate Courts through the following decision: (i) digital registration number 2031391 with the heading: “Digital promissory note. It must be signed using an advanced electronic signature to be
Mexico’s Supreme Court has set a new precedent concerning the validity of clauses submitting disputes to foreign jurisdictions when such clauses are included in Terms and Conditions or Adhesion Contracts. Although this ruling was specifically issued in the context of Terms and Conditions accepted through websites, the reasoning behind it may be extended in the
An important decree that completely overhauls Mexico’s Judicial Branch by amending, supplementing and repealing more than 18 articles of the Political Constitution of the United Mexican States was published in the evening edition of the Official Journal of the Federation on Sunday, September 15, 2024 (the “Amendment”).
The main changes to the Judicial Branch brought
On March 26, 2024, the Mexican government published a decree which amends, supplements and repeals various provisions of the General Law of Negotiable Instruments and Credit Transactions (“LGTOC”) and the General Law of Organizations and Ancillary Credit Transactions in the Official Journal of the Federation (the “Decree”).
As of January 1, 2022, the State of Nuevo Leon established environmental or green taxes, which companies with operations in Nuevo León must pay when they file a monthly statement of emissions and/or polluting discharges. The applicable legislation establishes specific parameters and the obligation to pay said taxes in cases where the companies exceed certain
In May 2021, the First Chamber of the Mexican Supreme Court of Justice (the “SCJN” for its initials in Spanish), in decision 206/2020 resolving prior contradictory rulings, held that electronic transfers carried out through systems provided by banking institutions should not be considered infallible; therefore, there is no absolute legal presumption as to their proper
In accordance with Mexican law, the delegation of authority to a third party, whether by a company or an individual, must follow a formal procedure through the execution of a written power of attorney, which in most cases consists of a written instrument establishing the specific authority that the attorney-in-fact will have. The granting of powers
When the pandemic arrived in 2020, the way in which certain legal proceedings were conducted changed, in some cases radically. These may be the most important and significant updates not deriving from legislative amendments, but rather the existing legal framework. This resulted in certain modifications to the way the legal machinery was carried out to
In 2012, Mexico City’s Fourth Civil Court of Appeals issued the following Decision entitled “DOCUMENTS AND ELECTRONIC MAIL. THEIR EVIDENTIARY WEIGHT IN COMMERCIAL LAW.” This holding set forth the level of security and reliability given under Mexican law to electronic signatures and emails offered as evidence at trial, therefore establishing the probative value of each.
A Decree published in the Official Journal of the Federation on March 11, 2021 amends and adds several provisions to the Mexican Constitution regarding the structure, functions and organization of the Mexican Federal Judiciary, as well as to the rules for handling certain constitutional cases. Such amendments were proposed by the Chief Justice of the