by José Antonio Cervantes Acosta | May 6, 2026 | Corporate Governance & Complience, Corporate Law, Corporate Risk Managemen
On June 19, the below decision was published as binding case law, entering into force on June 22, 2026 (thesis P./J. 137/2026). Recently, the Supreme Court of Justice of Mexico upheld the right of creditors of companies seeking to merge to judicially oppose the...
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 | 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...
