by José Antonio Cervantes Acosta | May 6, 2026 | Corporate Governance & Complience, Corporate Law, Corporate Risk Managemen
Recently, the Supreme Court of Justice of Mexico, upheld the right of creditors of companies seeking to merge to judicially oppose the process and to have the merger suspended until the opposition is resolved. The Court confirmed the constitutionality of Article 224...
by José Antonio Cervantes Acosta | Apr 27, 2026 | Corporate Governance & Complience, Corporate Risk Managemen
On April 6 of this year, the Supreme Court of Justice of Mexico upheld that the Financial Intelligence Unit (UIF) may freeze a company’s bank accounts without requiring a prior court order. It is sufficient for the authority to determine, based on reasonable indicia,...
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 9, 2026 | Corporate Governance & Complience, Corporate Law, Corporativo, Jurisprudence, LGSM, SCJN, Stock Shares
A company admitted a new shareholder through a capital stock increase, received a promissory note as a guarantee for payment of the issued stock shares, and believed that with that it was in compliance. The Supreme Court of Mexico (the Court) confirmed that it was...
by José Antonio Cervantes Acosta | Dec 30, 2025 | Business company, Company law, Corporate Governance & Complience, Corporate Law
When shareholders, partners, or senior management of a company begin to assess the benefits and challenges of carrying out a spin-off of a company, a variety of questions often arise. Among them, whether the spin-off will meet the objectives set in terms of greater...
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...