info@vahg.mx
Andares Corporativo Paseo Blvd. Puerta de Hierro No. 5153, Zapopan, Jalisco

Síguenos:

eliminacion-de-la-violencia-contra-las-mujeres

November 25 marks the International Day for the Elimination of Violence against Women, a key date in the global social agenda and a relevant reminder of the urgent need to eradicate all forms of violence currently suffered by women in Mexico and around the world. Within the framework of ESG (Environmental, Social and Governance) awareness, this day is an opportunity to reflect on gender inequalities and promote justice, equity, the protection of women’s human rights and sustainability in community and work environments.
In the first quarter of 2024, more than 300 femicides were registered, which represents an increase of 10% compared to the same period in 2023. There are currently 624 officially investigated femicides in Mexico, so far this year to November, a figure that organizations against gender violence believe could be double due to the difficulties faced by prosecutors and courts to judge with a gender perspective, which reflects the urgency of implementing effective policies and actions to eradicate this problem with preventive approaches and support for victims.

Mexico has laws such as the General Law on Women’s Access to a Life Free of Violence and the Federal Criminal Code, which criminalizes gender-based violence and establishes responsibilities for institutions, including companies and government agencies, to prevent and punish these acts. In addition, global initiatives, such as the United Nations Guiding Principles on Business and Human Rights, recommend that Companies have to respect and promote human rights, including the fight against gender-based violence.

Companies that include concrete measures in their ESG policies can support everything from the creation of protocols for the protection of their female employees to awareness-raising programs on gender-based violence. At the social level, organizations can work with NGOs to raise awareness and education on the issue, helping to reduce stigma and offering resources to women that are at risk.

Adopting clear and strong policies against gender-based violence has benefits for companies, including retaining talent, strengthening organizational culture and improving productivity. Likewise, it helps to improve the image of companies in the eyes of investors who prioritize ESG criteria, who seek to invest in companies committed to social welfare.
At VAHG we reaffirm our commitment to work together to rebuild a better Mexico where practices that foster equity and respect are adopted and promoted, advancing ESG commitments and contributing to a fairer and safer society for all.

Analisis-del-Acuerdo-low

Introduction

The Agreement by which the General Provisions for the Operation of the Single Registry of Investment Projects (the “Agreement”), published on September 30, 2024 in the Official Gazette of the Federation, represents a key piece in the Mexican government’s strategy to strengthen and facilitate the attraction of domestic and foreign investment.

This Agreement, issued by the Ministry of Economy and signed by its head, Raquel Buenrostro Sánchez, primarily aims to establish the necessary provisions to regulate the operation of the Single Registry of Investment Projects (the “RUPI”), within the framework of the economic policy outlined in the National Development Plan 2019-2024.

Legal Background and Context

The RUPI was created in response to the growing need to offer legal certainty and efficiency in the administrative procedures faced by investors in Mexico. The legal basis for this registry is found in several regulatory bodies, such as the Organic Law of the Federal Public Administration, which grants the Ministry of Economy the power to formulate and direct the country’s investment policy. Additionally, the Federal Law of Administrative Procedure, specifically Article 69-C, allows the use of electronic means to carry out administrative procedures, and the General Law of Regulatory Improvement, which focuses on reducing regulatory costs for individuals.

The Agreement is also framed within the Decree that creates the Single Window for Investors and the Single Registry of Investment Projects, published on July 26, 2023. This decree establishes the accompaniment and guidance mechanisms for investors wishing to initiate or expand investment projects in Mexico, underlining the importance of a transparent and simplified investment environment. In particular, it highlights that any investment project seeking access to these benefits must be registered in the RUPI.

RUPI Registration Procedure

The Agreement details the process for investors to register their projects in the RUPI. To begin, investors must register through the Single Window for Investors (the “VUI”) by providing information such as their Federal Taxpayer Registry, name or company name, nationality, address, telephone, e-mail and must have an advanced electronic signature (e.firma); once registered, investors receive a unique investor number, which will be used in the registration process of their projects.

The Agreement establishes that investors, or their designated legal representatives, must provide detailed information about their investment projects in order to register them in the RUPI. Among the required data are included:

  1. Investor number in the system.
  2. Amount and percentage of investment that each investor will contribute to the project.
  3. If the investor already participates in investments in Mexico, the economic activity of such investments.
  4. Contact telephone number and e-mail address.
  5. Name and description of the investment project.
  6. Amount and origin of the investment, as well as the estimated time for the installation of the project.
  7. State where the investment is intended to be made.
  8. Project requirements, such as inputs, infrastructure, and technical capabilities.
  9. Social profitability and environmental care, including employment generation and activities subject to environmental regulation.

It is important that all information and documentation provided is in Spanish. In case the documents are in another language, they must be accompanied by their corresponding translation.

Once the investors have completed the registration process and provided the required information, the General Directorate of Foreign Investment will review the project. If it complies with the established requirements and is aligned with the strategies of the National Development Plan and the federal government’s industrial policy, a registration certificate will be issued in the RUPI. This certificate contains a unique, non-transferable registration key, which certifies the registration of the project.

In the event that a project does not comply with the national priorities or strategies, the Directorate General will provide guidance so that the investor can adapt its project and submit a new application for registration.

Once the registration certificate has been issued, investors have access to personalized support from the Ministry of Economy. This accompaniment involves guidance and support in the federal procedures necessary for the materialization of the investment, such as obtaining permits and licenses.

The duration of the accompaniment depends on the type of investment project. For new foreign investments or the creation of new Mexican companies, the accompaniment will last for two years. In the case of the expansion of existing operations, the accompaniment will be for one year. For large projects, whose investment amount exceeds ten times the minimum established in the Decree, the accompaniment may be extended up to five years.

Likewise, the use of electronic media is highlighted as a fundamental tool to speed up and simplify the procedures related to investment projects. The RUPI system, integrated into the Single Window for Investors, allows investors to manage the entire process of registration and monitoring of their projects digitally, using the e.firma to validate procedures and documents.

Conclusion

The Agreement provides a clear and transparent regulatory framework for the registration of investment projects in Mexico. Through the RUPI, the federal government aims to attract new investments, both domestic and foreign, by ensuring legal certainty and providing support to investors throughout the process. The use of electronic media and the simplification of regulatory processes are key elements that reinforce Mexico’s competitiveness as an investment destination.

 

For more information, please contact:

 

Fernando Hernández Gómez | Partner

+52 (33) 38171731  Ext 225 | fhernandez@vahg.mx

Juan Manuel Méndez Sánchez | Jr. Associate

+52 (33) 38171731 Ext 233 | jmmendez@vahg.mx

 

**The publication of this document does not constitute legal, accounting or professional advice of any kind, nor is it intended to be applicable to particular cases. This document only refers to laws applicable in Mexico.

Today, July 24, we commemorate and celebrate at VAHG International Tequila Day, an emblematic beverage that is a benchmark of tradition in Mexico. Likewise, we celebrate the majestic agave landscape and the old industrial facilities of Tequila, which emerged from the inscription in UNESCO as World Heritage of Humanity in the category of Cultural and Natural Heritage in 2006. Today, agave cultivation is considered an intrinsic element of Mexican national identity.

The Tequila Denomination of Origin (DOT) is a distinctive mark that guarantees the quality and authenticity of this Mexican flagship beverage, representing the production with the standards determined in a differentiated and delimited region. The Appellation of Origin Tequila is celebrating 50 years and the recognition for five Mexican states where Tequila can be produced. These areas are located in 181 municipalities distributed in 5 States of the Mexican Republic: Jalisco in its 125 municipalities, Michoacán with 30 of its municipalities, 7 municipalities for Guanajuato, Nayarit with 8 of its municipalities and Tamaulipas with 11 of its municipalities.

The Tequila Regulatory Council (“CRT”) is positioned as a reference institution for knowledge and the main source of information and services for the entire Agave Tequila chain. Its mission is to guarantee the consumer the authenticity of this emblematic beverage of our country by demonstrating compliance with the Official Mexican Standards applicable to Tequila, safeguarding the Denomination of Origin, both in Mexico and abroad.

“To speak of Tequila is to speak of Mexico”, an emblematic phrase of Miguel Ángel Domínguez Morales, President of the Tequila Regulatory Council.

The Tequila Regulatory Council (“CRT”) is approved by the General Directorate of Standards of the Ministry of Economy and is accredited by the Mexican Accreditation Entity A.C. to perform its functions as an Inspection Unit, Testing Laboratory and as a Greenhouse Gas Certification and Verification agencies.

It is worth noting that in 2016, the CRT, together with the Mario Molina Center and the Tequila Agroindustry, presented its Sustainability Strategy for the Agave Tequila Chain. To achieve the established goals, different lines of action were positioned to strengthen the chain, which are aligned with 16 of the 17 Sustainable Development Goals of the United Nations (UN). The lines of action contemplated are: Decarbonization of the industry, efficient use of water, sustainable agricultural practices, the Zero Deforestation Tequila Program, waste treatment, strengthening of social programs and economic development of the region.

In addition, the CRT was elected on February 2, 2023 as representative of the Board of Associations of the Business Climate Alliance of Jalisco for the period 2023, being re-elected for one more period (2024). The CRT’s goal is to combine the efforts and needs of the industrial sector of Jalisco through the associations adhered to the Alliance, with the purpose of transitioning its members to a low-carbon economy.

The Tequila Regulatory Council (“CRT”), in coordination with the National Chamber of the Tequila Industry, created the “Distinctive T” in 2003 with the purpose of increasing the quality of the products offered by restaurants, bars, discotheques, hotels, distribution and consumption centers. By means of this distinctive, the participation of the employees of these establishments is motivated as adjuvant agents in the Tequila culture, the safeguarding of the Appellation of Origin, as well as guiding the consumer in the appreciation of the quality and tasting characteristics.

At VAHG we offer tailor-made legal services to all our clients with great experience and expertise in Intellectual Property and Corporate Law – Mergers and Acquisitions, being leaders in the Tequila Industry, backed by 30 years of experience. We focus on assisting our clients at all times with the commitment and integration in the legal framework of the Tequila Industry.

We are very proud as a Firm to represent the Tequila Regulatory Council (“CRT”) and to be part of that wonderful team of professionals that safeguard the first and most important Appellation of Origin in Mexico.

For more information regarding the Appellation of Origin Tequila and our legal services related to it, the VAHG team.

Fernando Hernández Gómez | Partner

Mergers & Acquisitions/Propiedad Intelectual

+52 (33) 38171731  Ext 225 | fhernandez@vahg.mx

Mariana González Sánchez | Partner

Intellectual Property

+52 (33) 38171731 Ext 222 | mgonzalez@vahg.mx

Martín Arias Cuevas | Associate

Intellectual Property

+52 (33) 38171731 Ext. 236 | ariascuevas@vahg.mx

 

**The publication of this document does not constitute legal, accounting or professional advice of any kind, nor is it intended to be applicable to particular cases. This document only refers to laws applicable in Mexico.

Today, international migration has become a phenomenon of great magnitude in Mexico. Between January and May 2024, the country registered 1.3 million immigrants in an irregular migratory situation, coming from 177 countries, whose main purpose is to reach the border with the United States. This migratory flow has reached unprecedented levels of saturation, according to information obtained from El Economista.

Irregular migration in Mexico has experienced a significant increase, tripling in the first quarter of the year and reaching almost 360,000 people, despite increased governmental operations. According to statistics from the National Migration Institute (INM) for the year 2024, 83,066 migrants have been oriented, 349 have been rescued, and 38,293 people have been provided with social assistance. Additionally, 259 undocumented foreigners have been deported, while 8,103 have been returned through assisted return procedures.

On the other hand, the emigration of Mexicans to other countries increased 58% to a total of 1.2 million emigrants in the last five years, of which 87.9% went to the United States, 6% went to Canada, 1.3% to Spain, 0.7% to Germany and 4.1% to the rest of the world, according to information obtained from Forbes Mexico.

VAHG Attorneys have extensive experience in the practice of Immigration Law and provide effective legal solutions before the Ministry of the Interior through its agencies such as the National Institute of Migration and the Ministry of Foreign Affairs in immigration matters, advising our clients at all times and protecting their rights and interests. Likewise, we provide the best legal advice and accompaniment for all possible situations of our migrant clients in their stay in any country, guiding them at all times, with visible results in the short term, thanks to our strategic alliances and the international networks of which we are part of.

In accordance with applicable Mexican law, it is possible to appoint Directors or Managers of foreign nationality to represent companies incorporated in Mexico. At the time of appointment, the foreign person must have a regular immigration status in Mexico. At VAHG we advise companies that have foreign employees and officers in the compliance of their immigration and labor obligations, as well as in obtaining or updating the Employer Registration Certificate, along with the processing of visas and documentation for temporary or permanent residence for our clients and their families. We also advise our clients in obtaining visas for business and investment, resolving any immigration situation that may arise.

Our Immigration Practice Attorneys at VAHG help to promote foreign investment, where our foreign clients can participate in the capital stock of Mexican companies, either to acquire fixed assets, enter into new fields of economic activity, as well as to open and operate establishments by expanding or relocating existing ones; according to our legislation all Mexican companies can be constituted by national or foreign shareholders or partners.

Elvia del Carmen Ríos Saldaña | Partner

Immigration

+52 (33) 38171731 Ext 228 | erios@vahg.mx

Luis Andrés Estrada Intriago | Senior Associate

Immigration

+52 (33) 38171731 Ext 224 | lestrada@vahg.mx

**The publication of this document does not constitute legal, accounting or professional advice of any kind, nor is it intended to be applicable to particular cases. This document only refers to laws applicable in Mexico.

VAHG welcomes Luis Andrés Estrada Intriago – Senior Associate of the Corporate, Immigration, Commercial and Contract Law Practices. He also has experience in Intellectual Property, Commercial Litigation and Dispute Resolution.

We are very excited with the addition of Luis Andrés to our team, as his experience and skills will be a valuable addition to VAHG. We are confident that his talent and track record will help us achieve the transcendental goals to which we have always aspired.

Luis Andrés obtained his Law Degree (JD) from the Instituto Tecnológico y de Estudios Superiores de Occidente (ITESO). He has an outstanding career, where he has obtained significant academic achievements, including his participation in specialized courses and diplomas offered by renowned institutions such as the Mexican Institute of Intellectual Property (IMPI), Lawgic Lessons and the Casa de la Cultura Jurídica de la Suprema Corte de Justicia de la Nación (House of Legal Culture of the Supreme Court of Justice of the Nation). Luis Andrés has participated in international events such as the World Legal Operations Summit in Berlin, Germany. He is currently pursuing a Specialization Diploma in Legal English at the Universidad Anáhuac.

At VAHG we stand for the protection and preservation of the environment for a greener and more prosperous future. We have a culture of sustainability and we transmit these social values to all members of the Firm by celebrating the International Recycling Day through our commitment to corporate social responsibility.

In Mexico, recycling has become an increasingly important issue in all industries. At the end of November 2023, the signatories of the National Agreement for the New Plastics Economy in Mexico was presented to the Mexican Senate along with their fourth progress report on the implementation of a circular economy of solutions to plastic pollution, which have exceeded expectations, highlighting the elimination of 60 thousand tons of unnecessary plastics per year, totalling more than 200 thousand tons in the last four years.

On a global scale, the urgency to address plastic pollution has led to a series of policies, laws and regulations. Our country has been no exception promoting the issue of circular economy, which has been reflected in legislative matters; while working on the signing of the National Agreement for the New Plastics Economy in 2019, the minutes or laws began to take shape, such as the General Law of Circular Economy and reforms to the General Law for the Prevention and Integral Management of Waste, still pending in the Chamber of Deputies.

The measures in Sustainability Practices implemented by VAHG related to the environment are aimed at favoring paperless communication in our Firm and promoting practices for the reuse of materials. We support the shift towards renewable energies, minimizing waste and support for the recycling and recovery of plastic waste. As a Firm, we reduced plastic and paper consumption as much as possible. We have increased the digitalization of some processes to reduce the amount of paper consumption, such as the reuse and separation containers for organic and inorganic waste. Recycling is incorporated into our day-to-day operations, as well as reducing the use of plastic bags. We also have a recycling container for batteries, which has been used continuously by everyone at VAHG.

Fernando Hernández de la Torre has been appointed Associate at VAHG, effective as of April 8, 2024. Fernando has excelled in Mergers and Acquisitions and in Corporate Law.

Fernando Hernández de la Torre is an Associate at VAHG and specializes in the practice of Corporate Law and Mergers and Acquisitions. He has transactional experience in the review and drafting of all types of contracts and meetings, as well as advising domestic and foreign clients in the incorporation of new companies, corporate restructurings, privatizations, purchase and sale of companies in various industries, foreign investment and joint ventures. In addition, his practice also focuses on corporate resolutions, maintenance and reorganization of corporations, as well as the negotiation of sophisticated business transactions.

Fernando has participated as legal advisor in cross-border transactions in order to support our clients in projecting the best business plan for them, in the implementation of the best legal strategies.

Fernando obtained his law degree from Universidad Panamericana, Campus Guadalajara, in 2022. In addition, he also obtained a postgraduate degree in Contracts and Obligations from the same University.

Martín Arias Cuevas has been appointed Associate at VAHG, effective as of April 5, 2024. Martín has excelled in the Intellectual Property Practice.

Martín Arias Cuevas is an Associate at VAHG, in the Intellectual Property Practice Area, where he specializes the planning and regularly advising domestic and foreign clients on strategies for the protection of Industrial and Intellectual Property rights, such as trademarks, copyrights, registration of distinctive signs, registration of trademark assignment and license agreements, processing of trademark applications, collective management societies, appellations of origin and geographical indications, and handling of proceedings before different intellectual property offices including Mexico, the United States and others around the world, procedures before collective management societies, appellations of origin and geographical indications, and management of procedures before different intellectual property offices including Mexico, the United States and other countries in the world, as well as actions to prevent violations of intellectual property rights, protecting and ensuring the preservation of our clients’ rights.

Martín obtained his Law Degree (JD) from Universidad Panamericana, Campus Guadalajara, in 2022.

 

In addition, he is currently pursuing a Master’s Degree (LL.M.) in Industrial Property, Copyrights and New Technologies from Universidad Panamericana, Aguascalientes Campus, in 2022. He holds a Degree Certificate for Corporate Lawyers of ANADE on Intellectual Property matters within the framework of the XXV Diploma, in 2023, Jalisco Chapter.

The declaration of the list of partners, shareholders or associates residing abroad of legal entities residing in Mexico that choose not to register in the Federal Taxpayers Registry (RFC), in accordance with the fourth paragraph of Article 27 of the Federal Tax Code, must be filed within the first three months following the end of each fiscal year.

The form must contain a list of the partners, shareholders or associates residing abroad, indicating their domicile, tax residence and tax identification number. This information must be submitted before the Tax Administration Service (SAT) Portal.

 

The tax obligation of Mexican corporations referred to in this article must be filed no later than the last business day of March 2024.

The process will be considered as submitted when the information complies with the above and is contained exclusively in the official form 96, so it will not be necessary to wait for a response from the tax authority, only if inconsistencies are detected in the information, this will be informed through the page of the SAT for correction.

In VAHG we provide support to advise our clients on tax matters in a timely manner. In case you require additional information or if you would like VAHG to review the particular implications for your company, please contact our lawyers mentioned below:

                                        Elvia Ríos Saldaña | Socia

                                        +52 (33) 38171731 Ext 228 | erios@vahg.mx

 

**The publication of this document does not constitute legal, accounting or professional advice of any kind, nor is it intended to be applicable to particular cases. This document refers to laws applicable in Mexico.

Ana Karen Inzunza Sánchez has been appointed Partner at VAHG, effective as of March 20, 2024, as Practice Leader in Corporate and Real Estate.

During the last few years, Ana Karen has served as Senior Associate in the representation of domestic and foreign clients in the incorporation, maintenance and reorganization of commercial companies, as well as in the preparation, review and implementation of various types of commercial contracts and the negotiable instruments deriving from business. Ana Karen has extensive experience in the coordination of the different areas of law that are necessary to implement cross-border transactions and corporate restructuring projects, including the coordination of lawyers in different jurisdictions, mainly in mergers and acquisitions of commercial companies where foreign investment predominates, joint ventures and strategic alliances, acquisitions, mergers and spin-offs.

As part of the team, she also focuses on real estate matters that involve advising foreign clients in implementing the most efficient legal and economic strategies to make important investments in Mexico, as well as in the acquisition and sale of real estate assets, development and operation of real estate projects, and real estate investment trusts.

She obtained her Law Degree from Universidad Panamericana, Campus Guadalajara in 2016 and has a Master’s Degree in Commercial and Business Law from the same university in 2019.

Ana Karen has a certification from the Mexican Bar Association & Universidad Panamericana Campus Guadalajara, in 2022, where she participated in the Corporate Business Seminar;

She was part of the team that represented Universidad Panamericana in the 13th Willem C. Vis (East) Moot, International Commercial Arbitration Moot, in Hong Kong, an Arbitration competition in 2016 (Honorable Mention for Best Statement of Defense).

She holds a Diploma in English Legal Methods, University Program from the University of Cambridge, England, in 2015. In addition, as part of her extracurricular activities, Ana Karen is part of the Staff of Arbitrators for the preparation of the teams that represent Universidad Panamericana Campus Guadalajara in the Inter-University Competition of Commercial and Investment Arbitration (UP – ICC Mexico Moot).