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 | May 15, 2025 | competence, Corporate, Mexican Law, Notary public, Powers-of-attorney
Background A notary public formalized the minutes of an extraordinary meeting in which a company granted a power-of-attorney to an individual. A shareholder of said company filed a complaint against the notary for intervening in that formalization. As a consequence,...
