Comments

The rules 2.7.7.1., 2.7.7.2., 2.7.7.3., 2.7.7.4., 2.7.7.5., 2.7.7.6., 2.7.7.7. y 2.7.7.8. of the MTR for 2022

did not suffer any substantial changes or modifications with respect to rules 2.7.1.9., 2.7.1.51., 2.7.1.52., 2.7.1.53., 2.7.1.54., 2.7.1.55., 2.7.1.56. and 2.7.1.57. of the Third Amendments Resolution to the MTR for 2021; however, rules 2.7.7.9., 2.7.7.10, 2.7.7.11. and 2.7.7.12. of the MTR for 2022 are new, which essentially establish the following:

The rule 2.7.7.9. indicates that those who provide the cargo transportation service and the owners of cargo vehicles, whether they are residents abroad or incorporated in accordance with foreign law and do not have a permanent establishment in national territory, may cover the transportation of domestic goods and/or goods of foreign origin in national territory with: (i) the customs documentation that proves their legal importation, or that proves their lawful tenure, transportation or handling, (ii) the sales note issued by the federal tax authority or institution authorized by it, and (iii) the e-invoice.

The rule 2.7.7.10. highlights that companies residing in national territory that provide the international transport service of general and specialized cargo of national or nationalized goods for export, must issue the “income” type e-invoice with BLS registering the entire service and indicating as final destination the address located abroad and the data of the means or mode of transport that will be used for its transfer, when the provision of the service begins in national territory and concludes abroad.

If there is a change in the mode or means of transport for the border crossing and said transport belongs to the same carrier, the latter must issue a “transfer” type e-invoice with BLS recording the data of the mode or means of transport and must relate the “income” type e-invoice that covers the entire service.

The rule 2.7.7.11. states that the owners, possessors or holders of national or nationalized goods to carry out their definitive exportation, will be able to prove their transport in national territory: (i) by means of the printed representation, on paper or in digital format of the “transfer” type e-invoice with BLS, if they use their own means and the transportation is to a warehouse or distribution center located abroad, and (ii) when there is a change in the mode or means of transport for the border crossing and this does not belong to the owner of the goods, by means of an “income” type e-invoice with BLS recording the data of the new mode or means of transport listing the “transfer” type e-invoice mentioned above. In the event that the aforementioned mode or means of transport belongs to the owner of the goods, it should only issue a “transfer” type e-invoice without BLS listing the initial e-invoice.

The rule 2.7.7.12. specifies that in the case of: (i) local transfer of goods, (ii) provision of parcel and courier services, (iii) provision of transfer of funds and securities services at local level, (iv) provision of towing cranes and towing and salvage cranes services at local level, and (v) provision of consolidated goods transport services, the taxpayers who transport goods using light cargo vehicles with characteristics less than a “C2 truck” in accordance with the NOM-012-SCT-2-2017 (i.e. Mexican Official Standard or MOS) or the MOS that replaces it, and does not exceed the weights and dimensions of said truck, or if the vehicles transport trailers without exceeding the weights and dimensions of the aforementioned “C2 truck”, it will be understood that they do not pass through sections of federal jurisdiction, as long as in its route the length of the federal section that is intended to be used does not exceed 30 kilometers.

Finally, the Forty-seventh Transitory Article of the MTR for 2022 establishes that the provisions set forth on all the aforementioned rules will be applicable as of January 1^st, 2022. It will not be considered to be committed, either a violation for not having an e-invoice with BLS, or the crime of smuggling, if before March 31^st, 2022, the BLS does not comply with all the requirements contained in the “Instructions for filling out the e-invoice to which the Bill of Landing Supplement is incorporated”.

Recommendations

Although an e-invoice with a BLS incomplete may be issued during the first quarter of 2022, it is essential to have a broad and clear understanding of their requirements in order to perform an appropriate management, coordination, and control of goods as of January 1^st, 2022, with the purpose to prevent and mitigate possible tax contingencies and the probable commission of smuggling.

If you have any questions regarding the foregoing, please do not hesitate to contact us.

Mexico City, December 28, 2021

Comments

The aforementioned provision warns that, it is considered that there is a notorious practical non-recovery, among others, when in the case of credits whose principal amount in its due date is greater than 30,000 UDIS, the creditor complies with the following: (i) obtains a definitive resolution which proves that the necessary recovery efforts were exhausted, or (ii) when applicable, it is proven that the enforcement of the resolution was not possible.

It is important to state that the referred provision is related to the last paragraph of the subsection a), section XV, article 27 of the ITL, therefore, the creditor must also comply with the following requirements: (i) inform by written notification to the corresponding debtor that he will deduct the non-recoverable debt for income tax purposes, in order for the debtor to accumulate the income that results from the non-covered debt, and (ii) inform the tax authorities no later than the 15th of February of each year the non-recoverable debts that were deducted.

When complying with the referred requirements, it will be considered that there is a notorious practical non-recovery and thus, the corresponding debt will be non-recoverable.

We consider that article 27, section XV, subsection b) of the ITL will result in a negative impact on  the deductibility of the non-recoverable debts, violating various human rights to the detriment of the taxpayers (i.e. creditors), since there are occasions in which it is not even possible to summon the debtor to trial due to disappearance or non-localization, which could result in the absence of a definitive resolution that prove that the recovery efforts were carried out.

In order to proceed with the deduction of non-recoverable debts that are greater than 30,000 UDIS[1] (MXN $ 212,366.25), the claim filed against the debtor for lack of payment will not be sufficient. The creditor will also have to obtain a definitive resolution in which it is proven that the recovery efforts before the debtor were carried out or, as the case may be, prove that it was impossible to execute said resolution, regardless of the other requirements stated in such provision, or else, such scenario will not be considered as a notorious practical non-recovery.

Recommendations

It will be necessary to review and analyze the status regarding the non-recoverable debts that overrun the referred threshold and also, those claimed to the debtor for lack of payment and, as the case may be, an amparo lawsuit may be filed against article 27, section XV, subsection b) of the ITL as deemed unconstitutional.

If you have any questions regarding the foregoing, please do not hesitate to contact us.

[1] The value in Mexican pesos of an UDI as of December 14^th, 2021, is 7.078875, in accordance with the last publication of the Bank of Mexico in the OGF.

Mexico City, December 14, 2021

On November 12^th, 2021, the Decree that amends several provisions, among others, the article 27, section X of the Income Tax Law (ITL) was published in the Official Gazette of the Federation, which establishes modifications in the requirements for the deduction of technical assistance, technology transfer or royalties. Said modifications will enter into force on January 1^st, 2022.

The aforementioned provision warns that, in cases of technical assistance, technology transfer or royalties, it must be verified before the tax authorities that whoever provides the knowledge has the technical elements for it and that they are provided directly. They can only be provided through third parties, when they are registered in the Register for Individuals or Legal Entities that provides Specialized Services or Specialized Works (REPSE) before the Ministry of Labor and Social Welfare, meet other requirements established by the ITL and the Value Added Tax Law, and that it does not consist in the simple possibility of obtaining it, but the services are effectively carried out.

Comments

In terms of such provision, only those third parties who comply with the provisions set forth in the third paragraph of article 15-D of the Federal Tax Code (FTC), may provide technical assistance or technology transfer services, as well as grant the use or temporary enjoyment of patents, certificates of invention or improvement, trademarks, trade names, etc., that is, that they are registered in the REPSE in accordance with the new legal provisions on labor subcontracting.

The article 15-B, first paragraph of the FTC states that royalties’ payments are those for the temporary use or enjoyment of several intangible goods indicated in such provision. On the other hand, the fourth paragraph of article 15-B of the FTC states that payments for technical assistance derive from the provision of independent personal services through which non-patentable knowledge is provided and its application is intervened, and never involve transmitting confidential information related to industrial, commercial, or scientific experiences.

Therefore, payments for royalties and technical assistance come from acts of a purely civil nature; however, article 27, section X of the ITL incongruously alters the origin of said payments by requiring third parties to comply with provisions of a merely labor nature, that is, it is distorting the legal nature of the provision of services, as well as the granting for the use or temporary enjoyment of goods.

As a consequence, article 27, section X of the ITL would presuppose those own workers are provide or make available for the benefit of the taxpayer, when on many occasions it will not imply that the service provider provides or makes his own workers available for the benefit of the taxpayer, and much less, if the act carried out will involve the payment of royalties.

We consider that article 27, section X of the ITL will result in a negative impact on the deductibility of expenses for the aforementioned concepts, violating various human rights to the detriment of both those who make the payments (i.e. taxpayers) and those who provided technical assistance or technology transfer services or granted the temporary use or enjoyment of intangible assets in accordance with article 15-B of the FTC.

Recommendations

It will be necessary to review and analyze the acts that provoke the payments for technical assistance, technology transfer or royalties and, as the case may be, an amparo lawsuit may be filed against article 27, section X of the ITL as deemed unconstitutional.

If you have any questions regarding the foregoing, please do not hesitate to contact us.

Mexico City, November 22, 2021

On October 18^th, 2021, the “Federal Executive Branch Agreement by which several actions were instructed to indicated government agencies in connection to the definitive importation of used vehicles” (Agreement) was published in the Official Gazette of the Federation (OGF), whose purpose is to provide legal security for the regularization of used vehicles of foreign origin interned in national territory and whose legal stay in the country (i.e. definitive importation) has not been processed in accordance to the applicable legal provisions.   

Comments 

By means of said Agreement the Federal Executive Branch instructed to the Ministry of Treasury and Public Credit, of Economy, and Security and Citizen Protection, to elaborate a Program that are encourages individuals residing in the states of Baja California, Baja California Sur, Sonora, Chihuahua, Coahuila, Nuevo León and Tamaulipas to regularize their used vehicles of foreign origin and located in those states (Program), based on the Decree in force by which the definite importation of used vehicles is regulated. 

It should be noted that there was a relatively similar precedent with the Decree published on August 22^th, 2005, by which the former Executive Federal Branch established the conditions for the definite import of used motor vehicles, arguing that the temporal internment of automobiles that are not returned abroad causes a social problem for Mexico and an important legal problem for the owners of such vehicles; nevertheless, said Agreement lead to violations to the tax principles of equity and proportionality, among others, to the detriment of the Mexican automotive industry of new and used vehicles.

The Agreement is highly questionable and regrettable, since once the pending Program is performed and implemented the regularization of used vehicles will be promoted, that on one side are illegally interned in national territory, since they lack of the import previous authorization, have not paid taxes (tax evasion), do not have the environment certificates and the ownership titles (e.g. invoices), and on the other hand, their owners and/or holders have committed the offence of smuggling by introducing to Mexico those used vehicles in terms of the Federal Tax Code.   

We estimate that both the Agreement and the pending Program will provoke a considerable negative impact to the Mexican automotive industry, from both manufacturers of vehicles and dealers of new and used vehicles, because the intention of providing legal security to the owners of illegal interned vehicles in the country will cause the violation of diverse human rights in detriment of the members of such industry, such as the free competition and concurrence, and they will have a legitimate interest protected by the national legal system.

Even through the aforementioned Agreement and the pending Program, several provisions set out in the United States-Mexico-Canada Agreement (USMCA), among other commercial agreements entered into by Mexico will be violated.

Recommendations

It will be necessary to analyze the terms and conditions of the Program that is pending in order to identify the aspects of vulnerability of the legitimate interest of the Mexican automotive industry, from both manufacturers of vehicles and dealers of new and used vehicles.

If you have any questions regarding the foregoing, please do not hesitate to contact us.

Mexico City, October 29, 2021

Likewise, on October 26^th, 2021, the update of the support information to comply with the aforementioned provisions was published on the TAS website, including: (i) the BLS catalogs; (ii) the instructions for filling out the e-invoices with BLS, and (iii) frequently asked questions.

Finally, also on October 26^th, 2021, the Senate approved in all its terms the Chamber of Deputies Opinion who had previously approved without changes the Tax Amendment Project for 2022 (Tax Amendment) presented on September 8^th, by the Federal Branch. Said Tax Amendment is pending of publication in the Official Gazette of the Federation.

Comments

Most likely the provisions contained in the aforementioned rules related to the use of the BLS that should be included in the e-invoice will not suffer formal or substantial changes, although there are specific final guidelines, we consider that these are unclear, confusing and cause uncertainty, depending on who provides the goods transportation services, or who transfers them, being: (i) transportation of general and specialized cargo by land, rail, sea or air, (ii) parcel and courier, (iii) towing cranes and towing and salvage cranes and vehicle storage, (iv) transfer of funds and securities or hazardous materials and waste, and (v) other services that involve the transportation of goods.

On the other hand, it is important to note that among the many amendments that the Federal Tax Code suffered as a result of the approved Tax Amendment, it is the addition of section XXII to article 103, which states that the commission of the crime of smuggling happens when goods are transferred by any means of transportation in Mexico without having the corresponding e-invoice to which the BLS is incorporated.

This new provision is highly regrettable in addition to its lack of legal technique, since the particularities that would result in the criminal type are not included in the Law, but in administrative rules that may change at any time under the discretion of the tax authority, undermining also against the presumption of innocence.

Recommendations

We insist, it is essential to have a broad and clear understanding of the e-invoices and BLS requirements, to perform an appropriate management, coordination, and control of goods (from January 1^st, 2022, given that in December 2021 it will not be mandatory) with the purpose to prevent and mitigate possible tax contingencies and the probable commission of smuggling.

If you have any questions regarding the foregoing, please do not hesitate to contact us.

Mexico City, October 28, 2021

On September 29^th, 2021, the Third Early Version of the Third Amendments Resolution to the Miscellaneous Tax Resolution for 2021 (MTR) was published on the Tax Administration Service (TAS) website, in which are modified the rules 2.7.1.7. and 2.7.1.9, and added the rules 2.7.1.51., 2.7.1.52., 2.7.1.53., 2.7.1.54., 2.7.1.55., 2.7.1.56 and 2.7.1.57., all related with the use of the Bill of Landing Supplement (BLS) that must be include in the Internet Digital Tax Receipt (e-invoice).

Comments

The aforementioned rules establish the following:

The rule 2.7.1.7. specifies that the printed representation of an e-invoice in which the BLS is incorporated, in addition to the requirements provided for in said rule, must include the data established in the “Instructions for filling out the e-invoice to which the Bill of Landing Supplement is incorporated” (Instructions) that is published on the TAS website.

The rule 2.7.1.9. sets forth the obligation to issue an e-invoice of “income” type and incorporate the corresponding BLS, to those taxpayers who render services of: (i) transportation of general and specialized cargo by land, rail, sea or air, (ii) parcel and courier, (iii) towing cranes and towing and salvage cranes and vehicle storage, (iv) transfer of funds and securities or hazardous materials and waste, and (v) other services that involve the transportation of goods.

Said rule states that when the transfer of goods service is provided without having the e-invoice of the “income” type with BLS or the latter does not comply with the Instructions or with the “Standard of the Bill of Landing Supplement” (Standard), both whoever contracts the service as well as whoever provides it, will be responsible to the authority when it detects irregularities in the BLS data.

The rule 2.7.1.51. establishes that (i) the owners, possessors or holders of goods which form part of their assets, and (ii) the intermediaries or transport agents, in both cases that transfer such goods with their own means, may demonstrate said transportation with the printed representation, on paper or in digital format, of the e-invoice of the “transfer” type to which the respective BLS is incorporated.

The rule 2.7.1.52. exempts taxpayers who provide general and specialized cargo land transportation services that do not transit through sections of federal jurisdiction, from incorporating the BLS into the e-invoice of “income” type, as long as they meet certain requirements. Same situation for the owners, possessors or holders of goods which form part of their assets.

Respectively, the rules 2.7.1.53., 2.7.1.54., 2.7.1.55. and 2.7.1.57. exempt from incorporating the BLS into the e-invoice of “income” type meeting various requirements to those taxpayers who provide services of: (i) parcel and courier, (ii) transfer of funds and securities; (iii) towing cranes and towing and salvage cranes and vehicle storage, and (ii) transportation of identified consolidated cargo of goods, as long as in these cases they do not transit through sections of federal jurisdiction.

Finally, the eleventh Transitory Article of the First Amendments Resolution to the MTR is modified, specifying that the use of the BLS will be mandatory as of December 1^st, 2021; however, it is noted that during such month it will be understood that such obligation is fulfilled in those cases of taxpayers who issue an e-invoice to which a BLS is incorporated that does not comply with the Instructions and the Standard.

Recommendations

In addition to the comments and recommendations that we indicated in our Newsletter of July 13^th, 2021, due to these new rules it is essential to have a broad and clear understanding of the e-invoices and BLS requirements, for an appropriate management and control of goods that prevent and mitigate possible tax contingencies.

If you have any questions regarding the foregoing, please do not hesitate to contact us.

Mexico City, October 5, 2021

On August 26^th, 2021, the Ministry of Labor and Social Welfare (MLSW) issued a document denominated “Guide for complying with the obligations regarding the registry upon the Register of Contractors of Specialized Services or Specialized Works for individuals or legal entities that provide specialized services or carry out specialized works within the framework of the amendments in labor subcontracting matters” (Guide), which establishes, among others, a Section with several “aspects to consider ”in connection to what is understood by providing or making own workers available in benefit of a third party. The Guide may be accessed in the following website https://repse.stps.gob.mx. 

Comments

In the referred Section the following “aspects to consider” are highlighted:

a) It is understood that own workers are provided or made available for the benefit of a contracting party, when one or more workers carry out specialized services in a working space or workplace different than the one with whom they have a working relationship (g. owned by the contracting party or under his management or responsibility).

b) In cases in which the contractor’s workers carry out work at the contracting party’s facilities, it will be considered that it is provided or made available personnel, when those workers perform their work at the contracting party’s facilities permanently, indefinitely, or periodically.

c) Will be indications that workers of the contractor are provided or made available, those tasks that are carried out in the facilities, establishment, or workplace of a company by personnel who are not workers of such of the same.

d) Individuals or legal entities that provide personnel in terms of an agreement related to advertising, marketing and dissemination of products or brands, must have to specify their activities in the agreement subject or purpose without being able to carry out activities that concern to the contracting party.

In the cases indicated in the aforementioned subparagraphs, the contractor must registry in the Register of Contractors of Specialized Services or Specialized Works (Register) before the MLSW.

e) Those individuals or legal entities through them carry out promotional or advertising activities of a brand of their own, and its personnel are provided or made available in a workplace other than their own, must also registry in the Register before the MLSW.

It should be noted that the Guide denotes a total absence of legal grounds, in addition that such document it is not issued by an MLSW official who has sufficient powers for this purpose, so we estimate that such Guide has no legal force, but rather be a merely informative document and that it is not binding.

On the other hand, we consider that the Guide shows a lack of legal reasoning and technique, because the simple fact that the contractor’s personnel carry out specialized services in a working space or workplace, facilities, or establishments of the contracting party, would not necessarily imply that the contractor provides or makes his own workers available for the benefit of the latter.

Recommendations

We suggest reviewing and analyze the contracting schemes for the provision of services implemented in order to determine how to continue operating said schemes or carry out the necessary modifications or restructures, due to the potential contingencies that may be produced, and if applicable, the contractors must apply for registration in the foregoing Register.

If you have any questions regarding the foregoing, please do not hesitate to contact us.

Mexico City, August 30, 2021

On September 1^st, 2021, will enter into force the Law for Transparency, Prevention and Fighting Undue Practices in Advertising contracting matters (Advertising Law), whose purpose is to promote transparency in the advertising market, as well as the prevention and fighting commercial practices that generate an undue advantage to the detriment of Advertisers and Consumers.

Comments

The Advertising Law will be applicable to the acts, contracts, agreements, procedures, etc., that Media Agencies, Advertisers and Communication Media entered into by and between themselves, as long as the Advertiser has his residence in Mexico and the advertisement is disseminated in national territory.

A Media Agency may only acquire advertising spaces in the Communication Media on behalf of an Advertiser through a mandate contract, and the Media Agency be unable to acquire advertising spaces on its own for subsequent resale to an Advertiser.

When the sale of advertising spaces is made, the Communication Media will issue and send the corresponding invoice to the Advertiser along with several additional information, notwithstanding, the Media Agency will make the payment on their behalf.

In the event of the acquisition of digital advertising through automated mechanisms on behalf of an Advertiser, the Media Agency must inform the Communication Media that sold the advertising spaces, the identity of the Advertiser and provide diverse information during the month following the dissemination of said advertising spaces.

The Media Agencies or the Economic Group to which they belong have the obligation to inform Advertisers about their financial relationships with the Communication Media that they intend to contract.

Not complying with the different obligations set forth by the Advertising Law may be sanctioned with fines equivalent to 2% or 4% of the income depending on the infraction committed, without prejudice to the civil and criminal liabilities that may apply.

Although the Advertising Law finds its justification given the lack of transparency that currently exists in the advertising market, as well as the multiple conflicts of interest that exist, we consider it questionable, since it violates several human rights and fundamental principles, such as the free trade and the free and fair competition, among others.

Recommendations 

Regardless of the constitutional violations that we consider that the Advertising Law will cause, it will be necessary to ensure the different formalities of the acts, contracts and/or agreements that entered into in advertising matter and the commercial practices that they entail, in order to prevent and mitigate the commission of infractions and possible tax contingencies by any of the three economic agents involved.

If you have any questions regarding the foregoing, please do not hesitate to contact us.

Mexico City, August 26, 2021

Comments

Mainly, the publications that must be made through the PBC are the following:

• Notice for a General Incorporation Meeting.
• Notice for Shareholders’ Meeting.
• Notice for Participation Certificate Holders’ Meeting.
• Notice for Meetings requested by the authorities.
• Shareholders’ Meeting agreements that approve the increment or reduction of the share capital.
• Balance sheet of the negotiation of foreign companies.
• Balance of companies that issue obligations.
• Financial statements, notes, and Commissioner’s opinions.
• Share capital reductions.
• Merger agreements, the last balance sheet of every company involved in the merger and the system established for the termination of the liabilities.
• Spin-off resolutions.
• Transformation agreements.
• Exhibition decree whose amount or term is not included in the stock.
• Agreements regarding partial distributions (liquidation).
• Final liquidation balance sheet.
• Results regarding sweepstakes of redeemed shares.
• Transportation employers’ regulations.
• Other publications set forth in commercial provisions according to the catalog provided in the PBC.

The PBC allows the performance of the following operations: (i) query, which allows the search of information and download of ballots; (ii) publication, which refers to the submission and delivery of the information that needs to be diffused in terms of the applicable provisions; and (iii) rectification, which allows the amendment and correction of the publications made.

It should be noted that the information that is generated, delivered, received, stored and/or filed in the PBC is considered as a data message in terms of article 89 of the CC; so these messages, as well as documents signed with the Advanced Electronic Signature produce the same effects that those with an autograph signature and have the same evidential value.

Recommendations

We suggest verifying the correct content of all the legal acts that the commercial provisions compel to be published through the PBC and, when applicable, amend whichever omission or mistake in the information submitted, making it necessary to address it through a Compliance Program in Corporate matters.

If you have any questions regarding the foregoing, please do not hesitate to contact us.

Mexico City, August 18, 2021

On August 4^th, 2021, the Decree that amends several provisions of the Civil Code of the Federal District and the Notaries Law of Mexico City regarding the entered into and validity of digital legal acts or through electronic means was published in the Official Gazette of Mexico City.

Comments

The most relevant provisions are the following:

– It is recognized that the ownership of digital assets or rights assets stored in computer equipment, electronic devices, platforms, computer server equipment’s, social media, or physical devices to access an electronic resource may be granted through a legacy.

E-mails, web sites, internet domains and electronic addresses, codes and passwords of bank accounts or securities, financial applications that require a username or password, electronic files such as images, photographs, videos, etc. are considered as digital assets or rights assets.

– The Open Public Testament (OPT) may be granted upon Public Notary by means of a digital performance. The testator may manifest his consent through the use of the Advanced Electronic Signature (AES).

Also, the OPT may be granted by electronic means when the Public Notary and the testator may see, listen, and communicate with each other directly, simultaneously and in real time during the granting of the testament. For such purposes, it is required that the testator is either: (i) in imminent risk of death; (ii) suffer at that moment a major or contagious disease; (iii) has life-threatening injuries; or (iv) may not be able to physically present in the granting of the testament. 

It is important to note that the referred provisions regarding the OPT will enter into force on August 5^th, 2023.

– On regards to the civil agreements’ form in which it is required that they are entered into in a written form, the corresponding documents must be signed by every individual compelled to, either by autograph signature, AES, or the Electronic Signature of Mexico City.

– Regarding Civil Associations (CA) and Civil Societies (CS), the associates or partners, depending on whether the case, can celebrate meetings by videoconferences that allow real time communication and indicating in the convening the electronic means by which the meeting will be held, the e-mail, number of meeting and if applicable, the password. The meeting must be recorded and kept by the administrator or administrative body and a copy of the recording must be included in the corresponding minute, which may be drafted in written form and autographically signed, or in an electronic document and signed with the AES.

Recommendations

The digital resources or electronic means are important factors to weigh the way to celebrate diverse legal acts, particularly, agreements and contracts, as well as CA and CS meetings, and the minutes that are drawn up for this purpose; therefore, we suggest analyzing and enhance the technological tools in order to provide additional benefits to such legal acts, such as the “certain date”, and inclusive, specify within the CA and CS bylaws the use of such digital tools.

If you have any questions regarding the foregoing, please do not hesitate to contact us.

Mexico City, August 10, 2021