by José Antonio Cervantes Acosta | Apr 29, 2026 | Corporate, Corporate Risk Managemen
This is not an exaggeration, and it happens in practice more often than one might expect. All legal requirements may appear to have been met, yet someone failed to review the bylaws before issuing the call notice and was unaware of the latest applicable judicial...
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 | 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 2, 2026 | Company law, Corporate, Corporate Law, SAS
On December 26, an Official Notice was published in Mexico’s Federal Official Gazette announcing the adjustment factor applicable to the total annual gross revenues of a Simplified Stock Company (SAS), in accordance with the provisions of Article 260 of the...
by José Antonio Cervantes Acosta | Dec 30, 2025 | Corporate, Corporate Governance & Complience, Corporate Law
Directors of commercial corporations are regarded as their agents and legal representatives according to articles 10 and 142 of the Mexican General Corporations and Partnerships Law (“GCPL”), and have the authority necessary to perform all those activities listed in...
