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Mexican court issues new decision on non-acknowledged charges from online purchases

Mexican court issues new decision on non-acknowledged charges from online purchases

by Antonio Cervantes | Jun 5, 2023 | Corporativo, Derecho Mercantil, Sociedades

A Mexican court determined which evidence is sufficient to prove a disputed charge, pertaining to online purchases, especially because banks have the burden of proof to demonstrate that the purchase was made. Facts In a commercial trial, the plaintiff demanded from a...
Does removing the director of a company require his consent?

Does removing the director of a company require his consent?

by Antonio Cervantes | Apr 5, 2023 | Corporativo

The Federal civil law, states that in order to remove the directors that were appointed in the articles of incorporation of a civil partnership, all the partners consent is required.[1] However, what does “all the partners consent” entail? The director of a...
Can the creditor of a surety bond demand payment from the guarantor if the principal debtor is subject to a commercial bankruptcy proceeding?

Can the creditor of a surety bond demand payment from the guarantor if the principal debtor is subject to a commercial bankruptcy proceeding?

by Antonio Cervantes | Apr 5, 2023 | Corporativo

Facts A construction company sued a surety entity the payment acknowledgement of an obligation assumed in a construction contract, as well as the cancellation of the bond policies guaranteeing such obligation.[1] The above based on the fact that its obligation to pay...
Executory order that amends the provisions of the Specialized Services Providers Registry is published

Executory order that amends the provisions of the Specialized Services Providers Registry is published

by Antonio Cervantes | Mar 6, 2023 | Corporativo

On February 3, 2023, an executory order that amends a previous one issued on May 24, 2021, was published in the Federal Official Gazette (“DOF” by its abbreviation in Spanish). The executory order discloses the general provisions for the registration of individuals or...
10 duties that directors of Mexican companies should know so as to avoid incurring civil liability

10 duties that directors of Mexican companies should know so as to avoid incurring civil liability

by Antonio Cervantes | Mar 3, 2023 | Corporativo

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 on...
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Recent Posts

  • Mexican court issues new decision on non-acknowledged charges from online purchases
  • Does removing the director of a company require his consent?
  • Can the creditor of a surety bond demand payment from the guarantor if the principal debtor is subject to a commercial bankruptcy proceeding?
  • Executory order that amends the provisions of the Specialized Services Providers Registry is published
  • 10 duties that directors of Mexican companies should know so as to avoid incurring civil liability

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