Legal Update: The Federal Conciliation and Labor Registration Center will begin the registration functions

Legal Update: The Federal Conciliation and Labor Registration Center will begin the registration functions

Print version | October, 2021 |


On October 13th, 2021, the Resolution announcing that as of November 3rd, 2021 the Federal Conciliation and Labor Registration Center will begin the registration functions in connection with union matters, collective bargaining agreements, including their contractual and salary revisions, internal work regulations, as well as all related administrative proceedings through all the country, was published in the Official Gazette of the Federation (“DOF” for its acronym in Spanish).

Likewise, the Ministry of Labor and Social Welfare (“STPS” for its acronym in Spanish), the Federal Labor Board and the Executive Branches of all federal entities where the reform enacted in May 2019 has not yet entered into force, must suspend the aforementioned registry functions as of November 3rd as well.

The official publication can be consulted directly at the following: https://www.dof.gob.mx/nota_detalle.php?codigo=5632587&fecha=13/10/2021


Mexico City Office

Mr. Andrés Rodríguez R. (Partner)

Mr. Francisco Udave T. (Partner)

Tel.:+52 55 5279.5400

Monterrey Office

Mr. Juan Carlos de la Vega G. (Partner)

Tel.:+52 81 8133.6000

Queretaro Office

Mr. José Ramón Ayala A. (Partner)

Tel: +52 442 290-0290

Legal Update: IMSS approves transfer of disabled employees in employer substitutions due to the subcontracting reform

Legal Update: IMSS approves transfer of disabled employees in employer substitutions due to the subcontracting reform

Print version | September, 2021 |


On September 8th, 2021, the Resolution ACDO.AS2.HCT.250821/213.P.DPES, issued by the Technical Council of the Mexican Social Security Institute (“IMSS” for its acronym in Spanish) in the ordinary session of August 25th, 2021, was published in the Official Gazette of the Federation (“DOF” for its acronym in Spanish). The Resolution approves that for one-time and without setting a precedent, employers who have made employer substitutions to comply with the subcontracting reform may unenrolled the employees with certificates of temporary disability and re-enrolled them with the substitute employer the following day, with the same contribution base salary.  

This Resolution, which becomes effective the day after its publication, instructs the competent Departments of the IMSS to issue the necessary administrative measures for its correct execution.

The official publication can be consulted directly at the following link:

https://www.dof.gob.mx/nota_detalle.php?codigo=5629173&fecha=08/09/2021


Mexico City Office

Mr. Andrés Rodríguez R. (Partner)

Mr. Francisco Udave T. (Partner)

Tel.:+52 55 5279.5400

Monterrey Office

Mr. Juan Carlos de la Vega G. (Partner)

Tel.:+52 81 8133.6000

Queretaro Office

Mr. José Ramón Ayala A. (Partner)

Tel: +52 442 290-0290

Legal Update: COFECE issues Emergency Regulatory Provisions upon the entry into force of the Advertising Law and given the lack of resolution to the initiated constitutional controversy

Legal Update: COFECE issues Emergency Regulatory Provisions upon the entry into force of the Advertising Law and given the lack of resolution to the initiated constitutional controversy

Print version | September, 2021 |


On September 1, the Advertising Law (Transparency, Prevention, and Combat of Improper Practice law) entered into force. The Advertising Law establishes that the authority to monitor compliance and sanction those persons who act in contravention of the Advertising Law would be the Federal Economic Competition Commission (“COFECE”), establishing certain procedures that should be substantiated per the Federal Law on Economic Competition (“LFCE”).

The COFECE filed a constitutional controversy before the Supreme Court of Justice of the Nation (“SCJN”), which is under study and has not been resolved, whereby it was asked to suspend the entry –request that was not granted.

As a result of the entry in force of the Advertising Law, in order to give legal certainty to the procedures that will be initiated under the new Advertising Law and that will be filed before the COFECE, the COFECE issued, on August 31, during an Exceptional Session of the Board, the Emergency Regulatory Provisions to process the complaints under the Advertising Law (“Regulatory Provisions”), which will enter into force in such date.

The Regulatory Provisions are intended to give order and clarify how the procedures under the Advertising Law are substantiated and processed by the COFECE per the LFCE, using for that purpose the provisions that the LFCE already has for substantiating administrative procedures for both the Investigation stage and in Procedure Followed in the Form of a Trial.

As long as the Regulatory Provisions are in force, all investigations related to possible violations of the Advertising Law will be initiated by a complaint and will be processed by the Investigating Authority. Once the investigation is concluded and the procedure followed in the form of a trial has been finished, the COFECE Plenary will be able to impose the corresponding sanctions, if it is proven that the conduct displayed violated the Advertising Law.


Mexico City Office

Mr. Vicente Grau A. (Partner)

Tel.:+52 55 5279.5400

Monterrey Office

Mr. Francisco Torres G. (Partner)

Tel.:+52 81 8133.6000

Queretaro Office

Mr. José Ramón Ayala A. (Partner)

Tel: +52 442 290-0290

Legal Update: How will the amendments to the Civil Code and the Public Notary Law of Mexico City impact real estate transactions in Mexico City?

Legal Update: How will the amendments to the Civil Code and the Public Notary Law of Mexico City impact real estate transactions in Mexico City?

Print version | August, 2021 |


On August 4, 2021, the Decree whereby articles of the Civil Code for Mexico City (the “Civil Code”) and the Public Notary Law of Mexico City (the “Notary Law”) were added and amended was published in Mexico City’s Official Gazette.

Through these reforms, different concepts were introduced to the Civil Code that will help give greater certainty to the acts celebrated through electronic means. For these purposes, the following modifications, among others, were made:

a) Offers. When an offer is made by electronic or optical means or any other technology that allows the expression of the offer and the acceptance thereof, and when there is no time limit for the acceptance, if the offer is not accepted immediately, the offeror will no longer be bound by it.

b) Formality. When an agreement is required to be executed in writing, the related documents shall be signed by all those on whom such obligation is imposed, and this may be done by using the Advanced Electronic Signature or the Mexico City Electronic Signature.

In those cases in which the law provides as a requirement that a legal act must be executed before a notary public, such execution may also be made in the digital protocol entrusted to the notary public in the terms established by the Notary Law.

Along with the amendment to the Civil Code, the Notary Law was amended to incorporate provisions that will allow Notary Publics to act remotely, through digital means. Thus, the figure of Digital Notarial Intervention was incorporated to the Law, which shall be understood as the exercise of the notarial function through electronic or optical means or any other technology.

In addition, Electronic Certificates, the Notarial Electronic Signature, and Electronic Instruments were introduced; the latter will be the electronically signed deeds issued by Notary Publics in the exercise of their functions.

This reform revolutionizes and updates the notarial function by allowing the use of said means for the formalization of agreements that may require the intervention of a Notary Public, such as real estate purchase, sale agreements, and some real estate lease agreements, among others.

One of the main benefits may be reflected in a possible reduction in response times for the location of information thanks to the implementation of electronic indexes and computer systems for the storage of Electronic Instruments and, therefore, it can be foreseen that response times for the registration of notarial instruments in the Public Registry of Property and Commerce shall be expedited.

These amendments became effective as of August 5, 2021, except for the provisions related to the Digital Notarial Intervention and correlative concepts such as Digital Protocol, Electronic Instrument, Appendix of the Electronic Instrument, Book of Extracts, Electronic Signature for the Digital Notarial Intervention, and any other analogous or related to such activity, which will become effective two years after the date of the amendment’s publication in Mexico City’s Official Gazette.


Mexico City Office

Mr. Vicente Grau A. (Partner)

Ms. Claudia Rodríguez C. (Partner)

Tel.:+52 55 5279.5400

Monterrey Office

Mr. Heriberto Garza C. (Partner)

Tel.:+52 81 8133.6000

Queretaro Office

Mr. José Ramón Ayala A. (Partner)

Tel: +52 442 290-0290

Legal Update: Amendments to the Civil Code and the Public Notary Law of Mexico City regarding inheritance matters

Legal Update: Amendments to the Civil Code and the Public Notary Law of Mexico City regarding inheritance matters

Print version | August, 2021 |


On August 4 2021, the Decree whereby articles of the Civil Code for Mexico City (the “Civil Code”) and the Public Notary Law of Mexico City (the “Notary Law”) were added and amended, some of them regarding inheritance matters, was published in Mexico City’s Official Gazette.

Through the Decree, certain amendments were made in connection with inheritance matters to update the applicable provisions to the current digital reality. Among such amendments, the following stand out:

  • To allow for bequests to include title to digital assets or rights stored in any computer equipment, server, or platform, which may consist among others in email accounts, internet addresses, photographs, images, bank accounts, passwords, passcodes, etc. 
  • To establish a storage system for such digital rights, which may be in charge by the same notary public or by means of a permanent storage system[1].
  • To provide mechanisms for the destruction of these electronic rights, should that be the will of the testator or if no provisions were added in accordance with the human right to be forgotten.
  • To provide that once the reform becomes effective wills may be granted electronically (also regulated through an amendment to the Law), and may be signed by using the Advanced Electronic Signature.
  • Likewise, once the reform becomes effective, wills may be granted by electronic means which allow simultaneous and real-time communication for emergency or extraordinary cases, subject to compliance of certain requirements provided therein.

Regarding the reforms to the Notary Law, and for purposes of the implementation of the reforms to the Civil Code, the figure of the Notarial Digital Intervention, that is, that performed by electronic means, in the context of a digital protocol, is established.

These amendments became effective as of August 5, 2021, except for the provisions related to the Digital Notarial Intervention and correlative concepts such as Digital Protocol, Electronic Instrument, Appendix of the Electronic Instrument, Book of Extracts, Electronic Signature for the Digital Notarial Intervention, and any other analogous or related to such activity which will become effective two years after the date of the amendment’s publication in the Mexico City’s Official Gazette


[1] Notarial digital performance referred to in the Notary Law for Mexico City.


Mexico City Office

Mr. Vicente Grau A. (Partner)

Ms. Claudia Rodríguez C. (Partner)

Tel.:+52 55 5279.5400

Monterrey Office

Mr. Heriberto Garza C. (Partner)

Tel.:+52 81 8133.6000

Queretaro Office

Mr. José Ramón Ayala A. (Partner)

Tel: +52 442 290-0290

Legal Update: Modification of measures established to reduce the spread of COVID-19, as well as the non-business days considered for the effects of administrative acts and procedures processed by the Ministry of Environment and Natural Resources

Legal Update: Modification of measures established to reduce the spread of COVID-19, as well as the non-business days considered for the effects of administrative acts and procedures processed by the Ministry of Environment and Natural Resources

Print version | August, 2021 |


Due to the change of Mexico City’s Epidemiological Stoplight to green, published on June 04, 2021 in the Official Gazette of Mexico City (“GOCM” for its acronym in Spanish), on July 30, 2021, it was published, in the Official Gazette of the Federation, the “Resolution that modifies for the second time the one by which the general public is informed of the measures established to contribute in the reduction of the spread of the COVID-19 coronavirus, as well as the days that will be considered as non-working days for the effects of the administrative acts and procedures processed by the Ministry of Environment and Natural Resources (“SEMARNAT” for its acronym in Spanish) and its deconcentrated administrative bodies, with the exceptions indicated therein, published on January 25, 2021″. Consequently the following measures were established:

On the next business day following the publication in the GOCM of the green color of the Epidemiological Stoplight, SEMARNAT will attend to the public in the following manner:

I.- The Citizen Contact Space located at Av. Ejército Nacional number 223, Colonia Anáhuac, Demarcación Territorial Miguel Hidalgo, Postal Code 11320, in Mexico City (entrance by Lago Xochimilco) will provide attention from 09:30 to 15:00 hours, for the effect of all procedures in charge of:

  • The General Bureau of Management, on Tuesdays, Thursdays and Fridays.
  • The General Bureau of Air Quality Management and Pollutant Release and Transfer Registry, on Tuesdays, Thursdays and Fridays.
  • The General Bureau of Environmental Impact and Risk, on Mondays and Wednesdays.
  • The General Bureau of Federal Maritime-Terrestrial Zone and Coastal Environments, on Mondays and Wednesdays.
  • The General Bureau of Wildlife, on Mondays, Tuesdays, and Wednesdays.

II.- The General Bureau of Forestry and Soil Management, at Av. Progreso number 3, Colonia del Carmen, Demarcación Territorial Coyoacán, Postal Code 04100, in Mexico City, will attend procedures from 09:30 to 15:00 hours on Tuesdays, Thursdays and Fridays.

III.- The reception office of the National Commission of Natural Protected Areas, located at Av. Ejército Nacional number 223, Colonia Anáhuac, Demarcación Territorial Miguel Hidalgo, and the reception offices of the National Water Commission, located at the central level in Mexico City and at the Regional Hydrological Administrative Level in the Basin Organizations and Local Departments, will provide attention from 9:00 a.m. to 3:00 p.m. from Monday to Friday, by prior appointment scheduled through the electronic address https://citas.conagua.gob.mx/citas/. The procedures can also be carried out online, through the Water Mailbox.

Additionally, the Resolution establishes a new way to schedule appointments for those interested in going to the Citizen Contact Space since the electronic mail contacto.ciudadano@semarnat.gob.mx was available until July 15, 2021. As of July 16, 2021, interested parties may use the Appointment Service for procedures of the SEMARNAT available at https://citas.semarnat.gob.mx/.

The measures referred to in this Resolution will be subject to the evolution of the epidemiological traffic light in Mexico City, said resolution will enter into force on July 31, 2021.


Mexico City Office

Ms. Claudia Rodríguez C. (Partner)

Tel.:+52 55 5279.5400

Monterrey Office

Mr. César Cruz A. (Partner)

Tel.:+52 81 8133.6000

Queretaro Office

Mr. José Ramón Ayala A. (Partner)

Tel: +52 442 290-0290