April 1st, 2019
On March 8, 2019 was published in the Federal Official Gazette the Mexican Official Standard NOM-184-SCFI-201 (the “NOM 184”), which shall become effective on September 4, 2019 and will supersede that published in 2012.
The purpose of the NOM 184 is to set forth specific obligations for providers of telecommunications services and equipment, and the minimum requirements for pre-formulated standard agreements to be entered into with consumers.Show More...
March 21, 2019
The Regulations of the Immigration Law (RIL), set forth in its article 166 that individuals and entities contracting foreign personnel or delivering an employment offer to a foreign person shall obtain from the National Immigration Institute (INM) its Registration Certificate as an Employer (RCE).
The purpose of the RCE is to provide the employer with evidence of its legal standing and authority of its representatives before the INM. As a result, in subsequent proceedings with the INM, those offering employment or filing a writ before the Institute, are only required to submit its updated certificate to evidence its legal standing and the authority of their legal representative.Show More...
February 6, 2019
The parliamentary fraction of Morena (party with majority in Congress) recently filed an initiative to reform the Federal Labor Law (FLL); this modification aims to set forth an obligation for employers to implement an, action protocol to prevent gender-based discrimination and to manage violence and sexual harassment cases.
Although this type of conducts are considered in the FLL as a cause for rescission both for the employer and for the employee, with penalties for employers who incur, tolerate or allow them, around $18K pesos (US $1K) to $365K pesos (US $20K) Approx., the reform aims to guarantee the existence of a mechanism to effectively protect the worker’s right to decent treatment and equality.Show More...
January 16, 2019
On December 30, 2018, the Comprehensive and Progressive Agreement For Trans-Pacific Partnership (“CPTPP”) entered into force.
This Treaty is considered the third largest global trade agreement, positioned after the Comprehensive Economic and Trade Agreement between Canada and the EU (“CETA”) and the United States–Mexico–Canada Agreement (“USMCA”). The CPTPP sets forth a model of trade liberalization, aiming to maintain the markets open, increase world trade and create new economic opportunities for the member countries.
The CPTPP reaffirms and materializes a major part of the provisions of the Trans-Pacific Economic Cooperation Agreement (“TPP”), which had been originally signed by 12 countries, subsequently the United States of America (“USA”) announced its withdrawal.Show More...
June 21, 2018
On June 14, 2018, a reform to articles 73 and 129 of the General Law of Business Corporations ("GLBC") was published in the Official Gazette of the Federation, which will become effective on December 15, 2018.
This amendment establishes an obligation to give notice of the entries made in the partners and shares’ registry books that record the transfer of partnership interests and shares in limited liability companies and stock corporations.
In both type of companies, the notice must be published in the electronic system established by the Ministry of Economy ("SE"), being effective as of the day following its publication, in accordance with the provisions of Article 50 Bis of the Commercial Code.Show More...
May 29, 2018
On May 18, 2018, was published in the Federal Official Gazette a reform to the Industrial Property Law (“IPL”), which will become effective on August 10, 2018. Since some of the amendments are business relevant, we prepared the following note:
• Statement of Use. Titleholders of trademarks are obliged to file a statement of use, within the three months following the third year in which the registration was granted. If the titleholder does not file the statement, the registration shall elapse.Show More...
June 27, 2017
On June 26, 2017, were published on the Federal Official Gazette amendments to the Civil Aviation Law (“CAL”), to the Federal Law of Consumer Protection (“FLCP”), and to the Foreign Investment Law (“FIL”). Such amendments are related with the air transportation services and the rights of passengers as mentioned below:Show More...
September 27, 2016
On August 30, 2016 became effective the amendments to the Industrial Property Law which sets forth the trademark opposition system in Mexico.1
According to the reform, trademark registration applications will be published in the Industrial Property Gazette (the “IP Gazette”), within ten business days following to its filing, during the regular evaluation period of formal examination.Show More...
With the purpose of modernizing the energy sector in Mexico, without privatizing the State-owned companies dedicated to the production and profit of hydrocarbons and electricity, at the end of the year 2013, the Mexican government set forth the basis of the energy reform by amending the Federal Constitution in this subject-matter. In accordance with such amendment, on August 11, 2014, were published in the Federal Official Gazette: i) the Hydrocarbons Law, ii) the Electric Industry Law, iii) the Geothermic Energy Law, iv) the Law of the Coordinate Controlling Agencies in the Energy Sector, v) the Petroleos Mexicanos Law, vi) the Federal Electricity Commission Law, vii) the Hydrocarbon Income Law, viii) the Law for the National Agency of Industrial Safety and Environmental Protection of the Hydrocarbon Sector and ix) other amendments to various laws, e.g. the Foreign Investment Law.Show More...
Chacón & Rodríguez, S.C., was selected as winner of the 2014 M&A Awards as Mexico’s Aviation Law Firm of the Year by Acquisition International.
The 2014 M&A Awards are sponsored by Al Global Media, Acquisition International Magazine and DealFlow Source.
The winners of the 2014 M&A Awards are determined by three factors: (i) the number of votes received; (ii) in-house research; and (iii) supporting documents provided by nominees.
Chacón & Rodríguez / Yingke Mexico participated in the 3rd Sino-Foreign Economic and Trade Projects Exchange Conference held last December 14th, 2012, in Beijing, China. This conference was hosted by China Association of International Trade and supported by the Chinese Ministry of Commerce.
Chacón & Rodríguez / Yingke Mexico participated in the 4th China Overseas Investment Fair held in the World Trade Center in Beijing, China, on December 4-5th, 2012. As the outbound investment window of Chinese enterprises, this fair has become one of the main professional platforms for covering outbound investments. This fair was hosted by China Industrial Overseas Development & Planning Association (CIODPA) and China Development Bank (CDB).
On October 2, 2012, one of the largest Chinese Law firms, Yingke, established formally a strategic association with Chacón and Rodríguez Law Firm. From this association, Yingke Mexico emerged with the aim of advising local clients aspiring to expand into China and Chinese clients interested in doing businesses in Mexico. The signing ceremony took place at the exclusive Club Piso 51 located in The Torre Mayor at Mexico City, where the manager directors from both firms hosted a cocktail with clients, diplomats, government officials, business people and media.
Chacón & Rodríguez/Yingke Mexico participated in the 6th China-Latin America and Caribbean Business Summit held in the City of Hangzhou, China, on October 17-18, 2012. This Summit is an outstanding business platform between China and Latin America and was organized by the China Council for the Promotion of International Trade (CCPIT), the Inter-American Development Bank (IDB), People’s Bank of China as well as Hangzhou municipal government.
On January 17, 2012, the new Act on Public Private Partnerships (PPPs) entered into force. This Act establishes a form of Public-Private Partnership in which the private investor, as requested by the public body, provides a public service, with a partially or totally private infrastructure, based on a long-term contract, with the objective to increase social welfare and investment in the country. The bond between the public body and the private investor is merely consisting regarding the contractual obligations of the project in question, without founding a state-owned company or any other kind of entity. Therefore, the public body is able to dispose of its budgetary resources on various projects simultaneously, by means of payment of long-term contracts with the private sector. The private investor may recover its investment and make a profit over the life of the project. Thus, job creation, economic growth and the development of the infrastructure of the country will be encouraged. Hence.
The Arbitration team of Chacón & Rodríguez, S.C. lead by Joaquín Rodríguez is pleased of having prepared the case study for the eleventh Inter-University contest of International Commercial Arbitration hosted by the Arbitration Center of Mexico (CAM).
As part of a recommendation and reference service of leading lawyers in various practice areas of law in over 110 countries, Global Law Experts, awarded in early 2011, Chacón & Rodríguez recognition as a recommended law firm ("Recommended Law Firm") and Samuel Chacón recognition as a recommended lawyer ("Recommended attorney") in the field of project finance in Mexico.
Chacón & Rodríguez is involved in the research and writing of the Mexico Chapter of the reference book "China Outbound Investments" which will be released in mid 2011 by CCH HK Ltd., with support from the Chinese University of Hong Kong. This book is a practical legal guide that will give Chinese investors and lawyers a concise overview of a wide range of legal systems aimed at China investment projects abroad.
The Mexico chapter includes the following topics:
1.- The Constitution of Mexico provides in its Article 27, first paragraph, that “Ownership of the lands and waters within the boundaries of the national territory is vested originally in the Nation, which has had, and has, the right to transmit title thereof to private persons, thereby constituting private property…”. It further stipulates in the fourth paragraph thereof that “The Nation has direct title to all natural resources of the continental shelf and the submarine shelf of the islands;...; solid mineral fuels, oil and all solid, liquid or gaseous hydrocarbons;”.Show More...
On December 20, 2013 the Federal Constitution was amended regarding energy. In terms of such reform, the Congress was obliged to issue the necessary secondary laws and to modify the legal framework according to the amended constitutional text.Show More...
The publication of the Public Private Partnership Act ("Act") aims at expanding private investment in the long term for creating productive infrastructure or the provision of public services in the country. The aim is more efficient use of resources and ensure the transparency of its management, risk sharing, resources and objectives between the public and private sectors. Mexican law already has forms of financing such as PIDIREGAS, service delivery projects (PPS) and the works associated with infrastructure projects (OPAPIS), the difference with PPPs is that the Act regulates more certain legal risks acquired by each of the parties.Show More...