How The Central Authority Works In Mexico

Written by: Undisputed Legal Inc.

This article will provide guidance on How The Central Authority Works In Mexico. To streamline and standardize the global service procedure, the Hague Service Convention is now one of the main ways to serve papers on a foreign defendant. It is the standard way to serve a party in Mexico, and Mexico is a signatory to the Convention. The General Direction of Legal Affairs at the Ministry of Foreign Affairs is the Central Authority in Mexico. If judicial and extrajudicial papers are to be served in Mexico from a foreign plaintiff, they must be written in Spanish. Click here for How the Hague Convention Simplifies International Process Service.

The Hague Service Convention cannot be used to serve a respondent if their address is unknown. During these processes, the courts in Mexico are free to do what they think is necessary to achieve a fair and equitable resolution that respects the rights of all parties involved. Our Undisputed Legal private process servers are local to Mexico and can help serve papers according to the court’s specifications. Click Here for Frequently Asked Questions About Process Servers!

Understanding the Central Authority.

Mexico is also a party to the Inter-American Convention on Letters Rogatory and the Inter-American Convention’s Additional Protocol. An example of international collaboration, the Directorate is a figure that aims to respond to the requests for cooperation that have been issued by the judicial and ministerial branches, to gather evidence that will aid in the development on a global scale that is started in Mexico or by another country’s inquiry or criminal procedure. By the bilateral conventions, written requests for legal help are required to be submitted to the Ministry. Click here for information on How To Identify A Good Process Service Agency

Any other documents, typical in these cases, have to be ‘legalized’ by the authorized Mexican authorities in compliance with the applicable laws. In contrast, in Mexico, ‘the official conduct’ is its Secretariat de Relaciones Exteriores (i.e., Secretariat of Foreign Affairs, recognized by its initials SRE); in various Central and South American nations, this entity (referred to in the Inter-American agreements as ‘the central authority’) is often connected with the Ministry of Justice. Click here for information on How Rush Process Service Can Expedite Your Case.

Enabling the service of summons (i.e., ‘Notificaciones’) and gathering evidence in Mexico’s national territory to create legal consequences overseas, at the request of the interested party, without needing to get a letter rogatory from the foreign court. The performance of procedural activities in a foreign nation to create legal effects in litigation before national courts may be entrusted to members of the Mexican Foreign Service by the proper tribunals. Click here for information on How Service of Process Ensures A Solid Foundation.

International Judicial Assistance in Mexico

The service of papers is an essential part of any legal case. Parties utilize these formal documents to be notified of a legal case against them. The principle of Mutual Recognition is in place for foreign service of papers, and service is carried out in compliance with Mexican domestic law and the Hague Service. Click here for information on How Process Servers Protect Your Rights: Myths Debunked

The bare minimum that must be met by every request for foreign papers served to the Mexican authority needs to include the details of the person or organization making the request, the focus and characteristics of the undertaking, and a synopsis of the request made concisely. Effectively, the summons should include the reason for service, procedures that should be followed during execution, and the reproduction of the relevant legal clauses. In an urgent matter, the rationale for the request must also be established, specifying the deadline by which the data is necessary. Click here for information on How To Overcome Language Barriers in Process Service

The Central Authority of Mexico may receive letters rogatory via the legal system, diplomatic or consular representatives, or the appropriate branch of the state making the request. Having the petition translated into Spanish is an absolute must. It is essential to get a copy of the original summons or citation by contacting the court clerk at the location where the case was filed. It is necessary to send the petition/complaint, citation, and Request for Service Abroad to the Mexican Central Authority along with an original and a copy of the English version. Click here for information on How Timelines Are Important in Process Serving.

The time it takes to get a response after submitting the required paperwork may easily exceed a few months. It may be necessary for an individual to regularly verify with the District Clerk as to whether they have received any correspondence from the Central Authority. Since this is the usual procedure for sending a ‘return of service’ to the Clerk’s office where you first filed the case, a private process service agency like Undisputed Legal can be beneficial to serve your papers.

Civil Code of Mexico

‘International procedural cooperation’ is defined as additions to the Federal Code of Civil Procedure in Mexico. Serving summonses or enforcing a foreign judgment overseas evidence collection is a component of that new body of law, an area referred to as international procedural law. Mexico’s procedural law offers practicality and resolves cases involving federal, state, or local governments on a global scale or an agency of the local government, as well as the courts’ authority. The Hague Service Conventions and the domestic law of Mexico offer formalities for authenticating public papers from other countries, internationally recognized as ‘legalization.’ Serving summonses and executing court processes overseas to have an impact in a different domestic court become the responsibility of the Central Authority.

The statutes of limitations in Mexico vary from one action to another under the country’s civil and commercial legislation. While a ten-year statute of limitations is the norm, there are situations when a two-year statute of limitation applies, such as in certain civil liability cases. Sometimes, a party may be required to adhere to pre-action protocols before initiating a civil action. For instance, it may be necessary to have the debtor pay up via a notary public in some debt instances before suing them. The parties may also initiate summary processes to collect evidence before launching an action. This can be done in several ways, including orders to exhibit documents, depositions of witnesses or potential defendants, inquiries into real estate law, and more. A private process service agency like Undisputed Legal can help ensure that your papers are served, preventing a default judgment against the defendant.

A statement of claim and other requisite papers must be filed with the relevant court to initiate civil proceedings. The court must decide whether to begin proceedings within around five days after receiving the statement or ask the defendant to explain the case before accepting it. In instances where the defendant’s domicile is unknown, and the judge has exhausted all reasonable avenues of inquiry without success, the defendant may be served with process by a court officer or by publishing edicts in newspapers and official gazettes.

Serving process on a defendant also requires the court official to follow specific rules set out by Mexican civil procedure law, such as verifying the defendant’s residence and providing complete identification of the person addressing the process. The defendant has the right to make a motion to attempt to negate the summons if the service of process does not fulfil the standards listed.

It is common practice to give the defendant fifteen business days from the date of serving of process to respond to a lawsuit. If the defendant can reply to the action via a writ, then a conciliatory hearing may be scheduled. If the parties cannot resolve their claims after the hearing, the judge will ask them to submit evidence (often within ten business days) and appoint a new hearing to receive this evidence.

Typically, the parties cannot agree on or exert any influence on the rules of the process or schedule for a civil proceeding since it is required to adhere to the timeline set forth by law. Indirect control over the process may be possible, nevertheless, as the parties are responsible for gathering evidence in preparation for submission and driving the proceedings’ progress. Conversely, the parties can agree on the trial’s schedule and relevant procedural procedures, particularly in commercial cases. Additionally, parties to some business litigations may agree to halt proceedings for a particular duration; in such instances, any party may approach the court to initiate the process again at any moment. The appropriate federal powers must facilitate the service of summons because of where those agencies are based.

‘Exhorto’ is a word that has long been used to address the formal letter that a Mexican judge writes and sends to another within the same nation, a request to execute an act within the area under the control of the latter. The same kind of communication is used when rogatory is used at the global scale. Our Undisputed Legal process servers are local to Mexico and can serve your papers by Hague Service Convention and Inter-American Convention requirements.

Notaries in Mexico

Notaries are commonplace in Mexico and should be familiar to anyone doing business, purchasing a home, or engaging in legal transactions.
The competencies of Mexican notaries differ significantly from those of their American and Canadian counterparts. The National College of Notarios is the site of the oath of office for Mexican notaries. A degree in law with a concentration in notarial law is required. They will have worked as a notary for at least three years to graduate. They must pass a rigorous final exam to become an experienced lawyer if they are qualified. They are typically appointed ‘notario’ by the state governor’s office after passing the test and the demanding application procedure. Thus, all notaries are solicitors, although only a tiny percentage of solicitors go on to become notaries.

So, compared to their American counterparts, notaries in Mexico have far broader duties and authority. Specifically, they must check the clarity of deed titles and have them recorded with the Public Registry. In Mexico, a notary public has a wide range of responsibilities, including but not limited to researching property titles, offering legal opinions, drafting or supervising the drafting of legal documents, certifying their validity, mediating or arbitrating disputes, and intervening in judicial proceedings. The duties of a notary public include drafting wills, contracts, powers of attorney, mortgages, deeds, purchase and sale of real estate, and the creation of trusts. Original documents are also handled and kept by notaries. This means a notary public in Mexico is subject to civil and criminal liability.

A notary public acts as an intermediary between a buyer, seller, and the Mexican government in real estate transactions. Being impartial is their role in these deals. Validating the transaction, transferring title, determining capital gains, ensuring property taxes are paid, and certifying all legal documents are all their legal responsibilities. Legal title is correctly transferred from seller to buyer in Mexico by notaries. Property deeds in Mexico must be notarized and recorded in the Public Registry by Mexican law.

In a purchase, the buyer can select the notary public. The majority of homebuyers use the services of a real estate agency, which often has excellent connections with local notaries. Each Mexican state’s Notary Public Law governs the practice of notarial acts.

The Hague Apostille Convention governs the process of attesting documents for use in other signatory nations, and Mexico is a party to this treaty, so this is feasible. The client’s home country must be a signatory to the Hague Convention for the document to be ‘authenticated,’ or made compliant, at the Mexican consulate or embassy. A notary public in Mexico can also attest to documents for use outside of Mexico. The authentication process will be handled by the respective consulates and embassies of countries not parties to the Convention.

In Mexico, a public broker serves a similar function to that of a notary public. They can also certify acts, but their emphasis is on business issues rather than civil ones. The official in charge of a Mexican consular office has the authority to certify legal documents, such as wills and powers of attorney, as a Notary Public under Mexican law. The Mexican officer has full authority to put those lawful deeds into effect in Mexico. Since it is being carried out before a Mexican authority in Spanish and compliance with Mexican law, no translation, legalization, or authentication is required.

Power of Attorney in Mexico

Unless explicitly revoked, the grantor or guardian dies, or the act it refers to is executed (such as in a divorce), this document applies to an endless series of legal acts and does not expire. A power of attorney can be classified as a General Power of Attorney (General Power for Litigation and Aggressive Collection, Management, and Ownership Acts) or a specific or Limited Power of Attorney.

Both spouses must execute a power of attorney for a married person to transfer ownership or other general or special powers under the marital property regime. The power of attorney will not be valid unless the other spouse provides appropriate authorization.

Suppose a corporation seeks to execute a Power of Attorney at the Mexican Embassy or Consulate. In that case, they must include an authentic or authenticated replica of the Certificate of Incorporation, or its equivalent, issued by the relevant provincial authority. The Mexican Embassy or Consulate should legalize the document within the applicable jurisdiction if the company’s registration is outside Mexico. If the company’s primary functions are not specified in the Certificate of Incorporation, a certified or original copy of the Articles of Incorporation outlining these functions is required.

The province in which the company is based must issue a Certificate of Good Standing, and either the original or a certified copy must be submitted. The original document bearing the corporation’s seal and certified by the board’s secretariat as to its purpose, members’ authority (including the ability to grant powers of attorney), the frequency of elections, et cetera, must all be set out before signing the POA. Under the corporation seal, a certified copy of the minutes from the most recent meeting of the board or stockholders, at which members were elected, filed by the board secretary should be included. A certified copy of the board’s resolution authorizing its representative to execute a power of attorney under the corporation seal, with the terms and limitations specified, has been certified by the board secretary.

A power of attorney is a notarial document that allows one person whose residence is in Mexico to legally represent another person whose residence is in another country to carry out the delegated legal or business actions of the decedent who is abroad. An agent’s authority to act on their behalf can be broad or narrowly tailored to a particular task.

So long as the General Power is not revoked or any party dies, it authorizes the agent to act in endless capacities on behalf of the principal. However, this type of power can limit the scope of the agent’s authority. Once the specified or determined acts have been completed, the Specific Power will expire. The Specific Power offers the grantor more protection than the General Power. Presenting the documents in their entirety, duly notarized, apostille-proofed, and translated into Spanish by an official translator or in an official/legal manner is necessary for an individual representing a legal entity: Legalization by the competent Mexican Consulate or apostille by the competent authority of the issuing country is required for documents issued outside Mexico. They must be translated into Spanish if they are not already in the language.

To adhere to the legal procedure of Mexico, proof of service must be provided. Undisputed Legal provides precise documentation like affidavits or certificates of service to prove that your documents were served properly and legally. If the legitimacy of your service is challenged, we want to clarify that you have complied with all legal obligations. : Handling complicated cases may be a real challenge, especially when several parties or international aspects are involved. We at Undisputed Legal can tailor our services to meet your unique requirements based on our extensive background in serving papers worldwide. Whether you serve documents in a divorce case or a complicated commercial issue, we at Undisputed Legal are here for you.

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Sources

1. The Foreign Affairs Ministry
The General Counsel for Legal Matters
Number 20 on Plaza Juárez, Planta Baja
Plaza Central, Cuauhtémoc City Hall
Mrs. P. 06010 Mexico City
Mexico

2. The collaboration on the part of the appropriate authorities of the foreign country shall take place when the procedural activities to be done (i.e., ‘Practica de diligencias’) by Mexico’s consulate officers involve the enforcement of coactive acts.

3. Only when it suggests forceful execution on Letters Rogatory would homologation be necessary for items, property, or legal entitlements. The same holds for letters rogatory or warrant requests: back it up with the decision made by the member country’s Supreme Court. Notices, requests for proof, and requests about simple processes are all subject to filled-out incident forms without incident

4. Parties should fill out the Hague Service Convention’s Request for Service Abroad form, accessible in Spanish, English, and French.

5. Código Federal de Procedimientos Civiles (texto refundido publicado en el Diario Oficial de la Federación el 9 de abril de 2012)

6. After the evidence has been submitted, the parties will have three business days to present their closing arguments before the judge decides.

7. Additionally, the authority of a judge in cases involving a court order, an arbitral ruling, or a foreign court’s decision

8. Certified public brokers can attest to the following

Establishment and revision of a company
Gatherings of Stockholders
Estimates for Real Estate
Company Assessments
Verification of information