Penner & Associates - Mexico Law Firm and Business Consulting for Mexico

For professional assistance & information on legal & business matters regarding Mexico and Latin America, please contact:

ATTORNEYS AT LAW FOR MEXICO
Please contact us at our Mexico offices located at:
Apartado Postal No. 9
San Miguel de Allende, Guanajuato, Mexico
TEL. US.: (800) 856-5709
Local Phone (415) 152-3648

e-mail E-MAIL

 

BUSINESS CONSULTANTS FOR MEXICO
REAL ESTATE BROKERAGE ASSISTANCE FOR MEXICO
At our Phoenix or Mexico Offices
P.O. Box 42773
Phoenix, Arizona 85080
Tel: (623) 242-7442

e-mail E-MAIL

OUR MEXICO CITY OFFICES
Montecito no. 38 Piso 37 Oficina 37
Edificio World Trade Center
Colonia Napolis C.P. 03810
Mexico, Distrito Federal

Tel: (55)5351-0438

e-mail
E-MAIL

 

 

 

    THE FEDERAL PUBLIC REGISTRY OF COMMERCE OF MÉXICO

           IT’S NATURE, USES, CONTENT AND UPDATE

 

I. What is Mexico’s Federal Public Registry of Commerce (RPdeC)

 

A.     A Federal Public Registry exists to maintain a public record of merchants, as well as acts and events relative to merchants and those permitted or required by law. The RPdeC is to receive, store, save-guard, consult, reproduce, verify, administrate and transmit that data determined by law and regulation, for its registry and public access. 

B.     The Federal Mexican governmental agency charged with this Federal Public Registry of Commerce is the Ministry of Economy through the General Direction of Commercial Normativity (Dirección General de Normatividad Mercantil).

C.     The data and the program of this RPdeC is the property of the Federal Mexican government.

D.     The persons that are charged with the offices of the RPdeC  (centrally and locally) have the attributions of being depositories of commercial registrar public faith agents of government.

            E.  The Regulatory Law Governing its Activities and Use is:

        REGLAMENTO DEL REGISTRO PÚBLICO DE COMERCIO

                        http://www.siger.gob.mx/siger/RRPC18.htm

            F   This registry produces effects against good faith third parties, as from the date of registry of the act or event.

G.     Private parties may view the database of the registry and request certifications of those acts and events therein registered. The registry will indicate when the data sought is in process of registry.

 

II. (Siger) The Integral System of Registry Management of the RPdeC

                           (Sistema Integral de Gestión Registral)

                                       www.siger.gob.mx  

 

A.     Historical Archive, New Computer Equipment, Licensed Software, education and integration of a national net.

B.     A central and decentralized system of commercial registry and review of registry data. Locally through the Public Registries of Property and Commerce of each state. The authorized registry offices in each state are know as “The Public Registry of (name of state)”. See the list of these offices:

      http://www.siger.gob.mx/rppc/registro.htm 

C.     A registry and consultation system interconnecting the 31 Mexican states - 30 presently with an interconnection agreement and functioning, 1 with an interconnection agreement but not yet functioning Baja California (Norte) and (Federal District one without an agreement nor functioning).

D.     The central offices of the Federal Public Registry of Commerce (RPdeC) authorizes parties to act as the person in charge of the registry’s local offices and as receptors of requests. These persons may receive requests for registry and permit public access to the registry.

E.      Mexico’s Notary Publics (Notario Publico) and Public Commercial Brokers (Corredor Publico) as agents of the RPdeC.

1.      Public Commercial Brokers act as public faith providers in commercial transactions, and as advisors, arbitrators, mediators and expert evaluators in commercial matters.

      http://www.correduriapublica.gob.mx

2.      Notary Publics act as public faith providers in those commercial and  non-commercial matters brought to them, as determined under the Notary Public Law of the state where they are domiciled.

       http://www.notariadomexicano.org.mx/index_inter.htm

3.      The notary publics and the public commercial brokers may perform filings electronically, as well as physical filings with the registrar corresponding to their domicile. 

F.      Filing and retrieving of information regarding acts and events relative to commerce. There is a means of physical filings via the local offices of the RPdeC as well as electronic filings (see notary publics and public commercial brokers). These filings are of registry of those acts, events and information required and/or permitted under law. They include but are not limited to:

1.      Each merchant in Mexico, which will contain pertinent information regarding the merchant.

2.      Authorizations given for representation regarding commercial acts like credit operations and negotiable instruments.

3.      Chattel mortgages where the issuer does not lose possession of the chattel.

4.      Those documents justifying the patrimony of sons and daughters as well as the wards under guardianship or tutelage, both as parents as well as merchants.

5.      Bonds of public commercial brokers.

6.      Agricultural and ranching credits with security.

7.      Foreign corporations with authorization to perform business in Mexico (little used).

8.      Public instruments issued by notary publics and public commercial brokers.

9.      Certified Mexican judicial and administrative resolutions and determinations.

10.  Private documents which are ratified before a notary public or public commercial broker.

11.  Foreign origin documents that refer to registerable acts may be evidenced in public instrument of a notary public or public commercial broker for their registry.

12.  Foreign judgments may be registered when ordered for registry by a competent Mexican judicial authority.

13.  and others as foreseen under law.

G.     Filings Process (basic steps)

1.      Reception of Pro-Forma Documents (Still being prepared) for filing, with backup documents and receipts of payment for the filing.  This can either be done physically or electronically

2.      Analysis

3.      Approval or denial

4.      Issuance of proof of registry or denial. This is either done physically or electronically.

H. FORMS & SYSTEM USE

             Educational material for Notary publics prior to the creation of the Internet   access for Notary Public in Mexico, available on the siger website:

Instructions for the Installation and Utilization of the Forms of the Federal Public Registry of Commerce (Instruc-ParaFormatos RegFed Com 228mb ZIP) (fp-formatos Reg fed Comercial 545 mb ZIP).

More recent instructions for notary publics using the Internet, also available on the siger website: (Fedanet1 2337mb ZIP) 

 

III. Contact information in Mexico City.

 Dirección General de Normatividad Mercantil5229-6103

Dirección de Coordinación del Registro Público de Comercio 5229-6103

Dirección de Correduría Pública5229-6108

Dirección del Sistema Integral de Gestión Registral5229-6500

Fax 5229-6511