ATTORNEYS AT LAW
FOR MEXICO
Please contact
us at our Mexico offices located at:
Apartado Postal No. 9
San Miguel de Allende, Guanajuato, Mexico
U.S. TEL: (800) 856-5709
Local Phone & Fax: (415) 152-3648
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For professional assistance & information
on legal & business matters regarding
Mexico and Latin America, please contact:
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BUSINESS
CONSULTANTS FOR MEXICO
REAL ESTATE BROKERAGE ASSISTANCE FOR
MEXICO
At our Phoenix or Mexico Offices
Tel: (623) 242-7442
Fax: (623) 242-7443
P.O. Box 42773
Phoenix, Arizona 85080
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Books
1. REAL ESTATE
IN MEXICO AND THE FOREIGNER. Published in English by
Vernon Penner. It gives a detailed accounting of the elements relative to issues
of real estate ownership, title, registration, the parties involved, trust
holding, limitations, use and many other subjects regarding private property in
Mexico. Price $35.00 Dls. U.S. + $7.00 shipping and handling (Please send
payment to Vernon Penner)
2. PAMPHLET ON
THE "A B C's OF REAL ESTATE TRANSACTIONS IN MEXICO FOR FOREIGNERS.
Published in English by Vernon Penner. A smaller publication than the preceding,
however, good for the individual that wishes to purchase a house or condominium
in Mexico. It also provides a basic step by step description of the parties
involved in a normal real estate transaction in Mexico (seller, buyer, real
estate agent, notary public, attorney, trust bank, taxing authorities,
government authorities, registries, title documents, types of transactions,
powers of attorney and other related issues). Price $15.00 Dls. U.S. + $4.00
shipping and handling (Please send payment to Vernon Penner).
3. PAMPHLET
ON THE "A B Cs" OF BUSINESS
IN
MEXICO FOR THE FOREIGNER
4. LABOR LAW OF
MEXICO AND BUSINESS
5. CREDITORS
REMEDIES IN MEXICO
==============================
INDEXES
==============================
Books
1. REAL ESTATE IN
MEXICO AND THE FOREIGNER - BOOK - EDITION
2007
Table
of Content
1
. Introduction
1.1
Cause of Study
1.2
General Terms
1.3
Recent Changes in Mexican Law
2.
The Legal System
2.1 Civil Law Systems vs. Common Law Systems
2.2 The Constitution of Mexico and Foreigners
2.3 Real Estate Laws of Mexico
3.
Foreigners in Mexico
3.1 Foreigners
3.2 Foreigners and Business
4.
Knowing you are going to Mexico
5.
Documentation Valid in Mexico
5.1 Agreements and Contracts
5.2 Documents of Evidence
5.3 Preconstituted Execution Documents
5.4 Documents of Evidence and Preconstituted
Execution
5.5 Public Instruments
5.6 Private Documents vs Public Documents
6.
Real Estate Definitions
6.1 The Civil Codes of Mexico
6.2 Definition of Real Estate
6.3 Separable Personal Property
6.4 Miscellaneous Definitions
6.4.1 Personal Right
6.4.2 Real Right
6.4.3 Real Estate
6.4.4 Immovable Property
6.4.5 Personal Property
6.4.6 Real Property
7.
General Legal Aspects of the Law on Real Estate (Mexico vs. Arizona)
7. 1 The Legal Foundation of the Law on Real
Estate
7. 1.1 Federal Constitutions
7. 1.2 State Constitutions
7. 2 State Laws on Real Estate
7. 3 Special Legal Aspects (U.S.A.)
7. 4 Special Legal Aspects (Mexico)
8.
Negotiating Real Estate Purchases in Mexico
8.1 Terms
9.
Foreign Investment
9.1 Governing Laws
9.2 Limitations
9.3 The Foreign Investment Law
9.3.1 Exceptions to the Rule
10.
Restricted Land and Water Zones
10.1 Federal Mexican Constitution
10.1.1 Article 27
10.1.2 Perrogatives of the Mexican Nation
10.1.3 Fraction 1
10.1.4 The Restricted Zone
10.2 Result of the Desirability of
the Restricted Zone
10.2.1 The New Legal Structure
11.
The Calvo Clause
11.1 Application
11.2 The Clause
12.
Sales Agreements (General)
12.1 Preparatory Sales Agreements
12.1.1 Precaution
12.1.2 Personal Rights
12.1.3 No Rights of Preference
12.2 Sales Agreements
12.2.1 Exception to the General Rule
12.2.2 Additional Exception to the General Rule
12.2.3 The General Rule
12.3 Registry
12.4 Appraisals
13.
Trusts
13.1 Differences (U.S. vs. Mexico)
13.2 Real Estate Trusts
13.3 Border and Coastal Trusts
14.
Condominium and Timeshare
14.1 Condominium
14.2 Vertical Condominium
14.3 Horizontal Condominium
14.4 Mixed Vertical and Horizontal Condominium
14.5 Legal and Contractual Restrictions
14.6 The Condominium Law
14.7 Condominium Regime Agreement
14.8 Co-Owners' Meetings
14.9 Timesharing
14.10 Condominiums in the Prohibited Zone
14.11 Club Memberships
15.
Rental and Leases
15.1 The Law
15.2 Personal Right
15.3 Public Registry
15.4 Length of the Lease
15.4.1. The Organic Law of Fraction I of Article 27 of the Federal Mexican
Constitution
15.4.2. The Federal Nationalization and Naturalization Law of Mexico
15.4.3. Presidential Decree of June 29, 1944.
15.4.4. The Foreign Investment Law
15.4.5. The Secretariat of Foreign Relations.
15.4.6 Restricted Zone
15.5 Contract Formalities
15.6 Co-Owned Property
15.7 Timesharing
15.8 Continuance of the Lease
16.
Notary Publics
16.1 Mexico vs. U.S.
16.2 A Notary Public is an Attorney
16.3 Appointment of a Notary Public
16.4 The Notary Public Law
16.5 Acts They Perform
16.6 Public Brokers
16.7 Mexican Consuls as Notary Publics
16.8 Public Archives of the States of Mexico
16.9 The
"Protocol on Uniformity of Powers of Attorney which are to be Utilized
Abroad"
16.10 The Hague Convention on the “Apostille”
17.
Priority of Liens
17.1 General Security vs. Specific Property
Security
17.2 Public Registry of Property and Commerce
17.3 Employee Benefits, Taxes, Social Security,
INFONAVIT and Similar Governmental
Liabilities
18.
Mortgages
18.1 A Mortgage is a Real Right
18.2 What Else is Included in a Mortgage
18.3 Who can Execute a Mortgage
18.4 Mortgage Registration
18.5 Reduction of the Mortgage
18.6 The Mortgage and Third Parties
18.7 Priority Liens
18.8 Enforcement
18.9 Cancellation
18.10 Foreigners Taking Title Under Mortgage
18.11 Possession of Public Service Property
19.
Public Registries of Property and Commerce
19.1 Certificates of Registry
19.2 Purpose of the Registry
19.3 The Registry is Public
20.
Interest Charged in Mexico
20.1 Civil Interest
20.2 Commercial Interest
20.3 Usury
21.
Mining
21.1 Mexican Companies in Mining
21.2 Concessions
21.3 The Public Mining Registry
22.
Agriculture and Ranching
22.1 Historical Background
22.2 Communal Farms
22.3 Size of the Ranch or Farm
22.4 Foreigners in Ranching and Farming
22.5 Mexican Companies in Ranching and Farming
22.6 Rural Land Trusts and Leases
23.
Court Actions in Mexico
23.1 Types of Suits
23.2 Executive Suits on Real Rights(In Rem-Civil)
23.3 Mortgage Suits-Civil
23.4 Ordinary Suits-Commercial
23.5 Executive Suits-Commercial
23.6 Special Mercantile-Commercial
23.7 Ordinary Suits-Civil
23.8 Summary Suits-Civil
23.9 Oral Suits-Civil
23.10 Executive Suits-Civil
24.
Agency in Mexico
24.1 Representation in Mexico
24.2 Powers of Attorney Terms
24.3 Unauthorized Representatives
24.4 Document Form
24.4.1 Verbal Agency
24.4.2 Letter without Ratification
24.4.3 Public instrument and Letter with Ratification
24.4.4 Alternate Form
24.5 Mexican Consulates
24.6 Real Estate Agency Registry Law in Sonora.
24.6.1 The Sonoran Registry of Agents.
24.6.2 Sonoran Real Estate Agent Disciplinary
Control.
25
Title Insurance
25.1 Title Checking
25.2 Certificate of Title and owner
25.3 Example of a Title Insurance Policy
26.
Immigration
26.1 General
Classifications
26.1.1 immigrants
26.1.2 Non-Immigrants
26.1.3 Marriage to Mexican
Nationals
26.2 Status
Renewals
26.3 Registry of
Foreigners
26.4 Permits to
Acquire Title
26.5 Foreigners
that Can Hold Title
26.5.1 An Exception to the Rule
26.6 Foreigners
that Can Hold Title on An Exceptional Basis
26.7 Receiving
Title by Inheritance, etc.
26.8 Notary
Publics and Commercial Brokers
26.9 What is Real
Estate for the Immigration Authorities
26.10 After the Real Estate
is Properly Acquired
26.11 The Trust
27.
Taxation
27.1 State
Acquisition Tax
27.1.1 Mortgage
Tax
27.1.2 Transfer
Tax under the Title Trust
27.2 Federal
Income Tax Law
27.2.1 Permanent
Establishment for Business Activities
27.2.2 Mexico
Residents Using Tax Credits from Abroad
27.2.3 Corporations
and Other Organizations
27.2.4 Non-Profit
Organizations
27.2.5 individuals
27.2.5.1 Income from Lease and
Granting of Use or Enjoyment of Real Estate
27.2.5.2 Income from Transfer of
Goods
27.2.5.2.1 Time Transferals
27.2.5.2.2 Where There Is No
Consideration
27.2.5.2.3 Deductions
27.2.5.2.4 Partial Payments
27.2.5.2.5 Rights of Trust on Real
Estate
27.2.6 Foreign Country
Residents
27.2.7 Associations in
Participation
27.2.8 Professional
Associations
28.
Corporations
28.1 Commercial Corporations of Mexico
28.2 General Partnership Corporations
28.3 Limited Partnership Corporations
28.4 Limited Responsibility Corporations
28.5 Anonymous Society Stock Corporations or General Business Corporations
28.6 Limited Partnership Stock Corporations
28.7 Cooperative Enterprise Corporations
28.8 Foreign Corporations
28.8.1 Registry of Foreign Corporations in Mexico
28.9 Associations in
Participation
29.
Federal Agrarian Reform Department
29.1 Rural Land for Non-Farming or Non-Ranching Purposes
30.
Legal Consul
30.1 Criteria for
Choosing an Attorney Licensed in Mexico
30.1.1 Experience
30.1.2 Integrity
30.1.3 English
31.
Assets Checks
31.1 Liquid Assets (Bankers and Accountants)
31.2 Fixed Assets (Attorneys and Accountants)
31.3 Others
32.
United States Embassy and United States Consulate in Mexico
33.
Federal Consumer Protection Authority
34.
Disclaimer
2. PAMPHLET ON THE "A B CS" OF REAL ESTATE TRANSACTIONS IN MEXICO FOR
FOREIGNERS - PAHPHLET - EDITION 2008
INDEX
Disclaimer.
1. Introduction.
2. Parties
Normally Involved.
2.1
Seller.
2.2
Buyer.
2.3
Real Estate Agent.
2.4
Notary Public.
2.5
Attorney.
2.6
Fiduciary/Trust Bank.
2.7
Taxing Authorities (Federal, State and City).
2.8
Ministry of Foreign Affairs.
2.9
National Registry of Foreign Investment.
2.10
Public Registry of Property.
2.11
Immigration.
2.12
Appraisers.
2.13
2.13 Others. Ministries
Tourism, Agrarian Reform, Urban Development.
2.14
Escrow.
2.15
Foreign Investment Definition.
2.16
Title Insurance
3.
Title Documents.
3.1
Public Instrument Issued by Notary Public.
3.2
Certificate of Ownership Registry.
3.3
Court Order.
3.4
Presidential, Agrarian or Governor Decree.
4.
Types of Transactions and Costs.
4.1
Preliminary Sales Agreements.
4.2
Straight Title Transfer Sale.
4.2.1
Direct Title for Foreigners
4.3
Title Retention Sale or Mortgage.
4.4
Trusts
4.4.1
Restricted Zone
4.4.2
Guaranty and Title transfer Trusts
5.
Powers of Attorney.
6.
Possible Case Scenario of Sale.
7.
Sub-Soil Rights
8.
Other Publication by the Author
3.
PAMPHLET ON THE "A B Cs" OF BUSINESS
IN
MEXICO FOR THE FOREIGNER
- PAMPHLET - EDITION 2008
Disclaimer
6.
Banking and Finance.
1. Introduction.
6.1
Currency and Controls.
2. Structural
Overview.
7.
Stock Market.
2.1 Language.
7.1
Foreign Investor Purchasers.
2.2 Economics.
7.2
ADRs in the U.S.
2.3 Business.
7.2.1
Rule 144A ADRs.
2.4 Political.
7.3 ADR Partial Listing.
2.5 Legal.
2.6 Customs-Life Styles.
8.
Franchising.
2.7 Communications.
8.1 Prior 1990.
8.2 New Legislation
3. Foreign
Investment Regulation.
8.3 Problem Areas.
3.1 Mexican vs. Foreign Investment.
3.2 Mexicanization.
9. Maquiladora and Export
3.3 Listing of Percentages Limitations.
Companies.
3.4 Areas of Economic\Business Activity
3.5 Requirement in Order to Acquire
10. Sales and Contracts
Authority
to Determine Management
with the Federal
by
Foreign Investors
Government.
4. Mexican
Commercial and Civil Com- 11.
Environment.
panies
and Unincorporated Business. 11.1 Problems.
4.1 Commercial Companies.
11.2 Laws.
4.2 Civil Companies.
11.3 Standards.
4.3 Civil Associations.
11.4 Filings.
4.4 Unincorporated Business in Mexico.
11.5 Environment Cooper-
4.5 Requirements For Setting Up and
ation Agreement.
Functioning.
11.6 NAFTA.
5. Industry
11.7 Inspections and
5.1 Price Controls
Impact Studies.
--
12. Labor.
14.5 Deductions.
12.1 Legal Structure.
14.6 Exceptions.
12.1.1 Employee vs. Inde-
14.7 Title V "Non Residents".
pendent Agent.
14.7.1 Flat Tax Rates.
12.2 Employee Benefits.
14.8 Tax Treaty.
12.2.1 Salary.
12.2.2 Profit Sharing.
15. Customs & Shipping
Abroad to Mexico.
12.2.3 Vacation.
15.1 Legal Structure.
12.2.4 Year End Bonus.
15.2 Filings, Permits and Duty Payments.
12.2.5 Maternity Leave.
15.3 Temporary vs. Permanent Importation.
12.2.6 Seniority.
15.4 Maquiladora (In-Bond) Activities.
12.2.7 Social Security
15.5 Special Zones.
and Housing.
15.6 Planning Strategy for Mexico.
12.3 Dismissal Charge.
12.4 Discrimination.
16. Immigration.
12.5 Unions.
16.1 Non-Immigrant.
12.6 Foreigners, Employees
16.2 Immigrant.
and Immigration.
17. NAFTA.
13. Licensing
(Intellectual
17.1 Purposes.
Property).
17.2 Free Trade.
13.1 Trademarks, Service
17.3 Side Agreements.
Marks and Trade Names.
17.4 New Access to Areas of Business.
13.2 Copyrights.
17.5 Those Pro and Con.
13.3 Patents.
17.6 U.S. and Mexico.
13.4 Trade Secrets and
17.7 Mexico's View.
Know How.
17.8 Other Countries.
14. Taxation.
18. REAL ESTATE.
14.1 Types.
19. Civil and Commercial Litigation.
14.1.1 Federal, State and Local.
14.2 Individuals vs. Created Entities.
14.3 Resident vs. Non-Resident.
14.4 Tax Rates.
4. LABOR
LAW OF MEXICO AND BUSINESS - BOOK - EDITION 2002
INDEX
1. Labor
Relations
1.1
Quantity of Foreign Laborers vs. Mexican Labors
1.2
Those Over 16 Years Old
1.3
Waivers by Workers
1.4
Duration of the Labor Relation
1.4.1 Specific
Job
1.4.2 A
Specific Period
1.5
An Indefinite Period
1.5.1 Indefinite
Period Contract Form
1.6
One year maximum for the Employee
1.7
Employer Substitution
2. Means
of termination of the Labor Relationship
2.1
Justified Termination of the Labor Relation
2.1.1
Causes of Justified Termination by the Employer
2.2
Justified Suspension of the Labor Relation
2.3
Unjustified Dismissal by the Employer
2.3.1
Reinstatement of the Worker
2.3.2
Non-Reinstatement of the Worker
2.3.3
Employer's option in Certain Cases
2.3.3.1 Indemnification
in Cases of Employer's Option Not to
Reinstate
2.4
Cases of Justified Termination by the Employee
2.4.1
Period of Enforcement
2.5 incapacitation
of the Employee
2.6
Causes for Termination in General of the Labor Relation
3. Working
Shifts or Periods
3.1
Day Shift
3.2
Night Shift
3.3
Mixed Shift
3.4
Maximum Duration of a Shift
3.5
Resting Periods
3.6
Overtime
3.7
Quota for Overtime
4. Rest Days
4.1 25%
Increase on Sundays
4.2 Part
Time Employees
4.3 Remuneration
for Work on Rest Days
4.4 Obligatory
Rest Days
4.5 Remuneration
for Work on Obligatory Rest Days
5. Vacations
5.1
During the First Four Years of Continuous Full Time Service
5.2
During Latter Years of Continuous Full Time Service
5.3 Vacation
Time for Discontinuous or Seasonal Employees
5.4 Vacation
Time Non-Removable/ Non-Remunerable
5.5 The
25% Premium
5.6 When
is Vacation Time to be Taken
5.7 The
Certificate
6 . Salary
6.1
Salary Integration
6.2
Salary Remuneration
6.3
Equality of Salary
6.4
Yearly Bonus-"Aguinaldo"
6.5
Salary Payment Period
6.6
Bases for indemnification Determination
6.7
Minimum Salary
6.7.1
Economic/Salary Zones
6.7.2
General Minimum Wage
6.7.3
Specific Minimum Wage
6.7.4
Spanish Language Listing
6.7.4.1 English
Translation of Listing
6.8
Payment in Cash and Kind of Salary
6.9
Compensations, Discounts, and Reductions Prohibited
6.10
Discounts Authorized Against the Salary
6.11
Lien and Attachment of Salary
6.13
Collection Without Probate
7. Participation
in the Employer's Earnings
7.1
Payment Time
7.2
Two Parts of Payments
7.3
The Companies Exempted from Paying Profit Sharing
7.4
Other Exemptions
7.5
Non-Intervention in the Administration
8. Obligation
"To Do" of the Employer
9. Prohibitions
of the Employer
10. Obligations
"To Do" of the Employees
11. Prohibitions
of the Employees
12. Obligatory
Housing of Employees by the Employer
12.1
Maximum Quota to "The National Fund for Living
Quarters
12.2 Exceptions
13. Capacitation
and Training of Employees
13.1
With Labor Unions
13.2
Without Labor Unions
14. Preference,
Seniority and Promotion
14.1
Seniority Bonus
14.2
Employees' inventions
15 . Female
Employees
15.1
Mothers
16. Minor
Employees
16.1
Those Under 16
16.2
Those Under 18
16.3
Special Employer Requirements
17. "Trusted"
Employees
17.1
Non-Unionized
17.2
Loss of Confidence