by José Antonio Cervantes Acosta | Mar 10, 2026 | collateral, Commercial law, Contracts, Corporate, Corporativo, Derecho Mercantil, guarantees, Investment, Jurisprudence, Mexican Law, non-possessory pledges, SCJN, Tribunal Federal
Some companies granting high-value credit rely on the fact that, by being secured through non-possessory pledges or guaranty trusts, they will face fewer difficulties in recovering their investment in the event of a debtor’s default. On the other hand, if the...
by José Antonio Cervantes Acosta | Mar 10, 2026 | Commercial Agreements, Commercial law, competence, contract termination, Contracts, Corporate, Corporate Governance & Complience, Jurisprudence, Mexican Law, SCJN
Some companies with cross-border businesses still assume that by choosing foreign laws to govern agreements that have effects in Mexico, they will obtain greater legal certainty. This is because they assume that a Mexican judge will apply the agreement literally when...
by José Antonio Cervantes Acosta | Mar 4, 2026 | Commercial law, Company law, Mexican Law
Dilution and Loss of Control of the Shareholder A share capital increase may modify control of a company and directly affect the equity of its shareholders. What is relevant is that, many times, this occurs without the shareholder perceiving the problem until the...
by José Antonio Cervantes Acosta | Jan 27, 2026 | Business company, Commercial law, Company law, contract termination, Contracts, Corporate, Corporate Law, Corporativo, Derecho Mercantil
When a company operates commercially in Mexico, the question often arises as to whether it is less risky to choose a governing law other than Mexican law for the interpretation of its contracts. This decision is usually based on an assumption that is not always...
by José Antonio Cervantes Acosta | Jan 7, 2026 | Commercial law, Consumer Protection, Electronic Commerce, PROFECO
New obligations will be added for companies that sell products and provide services electronically in Mexico in 2026. These new obligations became mandatory on December 13 of last year, following the addition of a couple of sections to Article 76 bis of the Federal...
by José Antonio Cervantes Acosta | Jan 2, 2026 | Commercial Agreements, Commercial law, Contracts
Nearly two years after the publication of the landmark case-law [1] decision of Mexico’s Supreme Court, which qualified the principle of free will in commercial matters, also known as freedom to contract, allowing the parties to freely agree upon the terms and...
