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

 

REGISTRIES IN MEXICO

 

Choose one: Introduction , Public Registries , Private Registries

Public Registry of Commerce

 

Registries of Mexico (Introduction)

Just like you would expect to find here in the United States, there are governmental public registries and governmental private registries. The major differences between the two types are: the inability of the public at large in gaining access to the private registries while having access to the public registries, and/or (2) the public registries are to produce certain evidence of an event or compliance and the private registries are for internal control. Even though some registries may be considered quasi public, due to their nature, it is always up to the governing body to permit access or not. Although the brevity of this writing will not let us give the full picture, it will hopefully serve as an introduction to the subject matter.

PUBLIC REGISTRIES. The following is a listing of the major public registries:

PUBLIC REGISTRY OF PROPERTY AND COMMERCE. In all cities and towns of Mexico where the town or city is of such a population size that either it will economically permit or politically will merit the sustaining of such a registry, we can find it. If the town does not have its own registry, most likely the registry for that town will be incorporated in a town or city close by that is of sufficient size (economically or politically).

This registry, although physically one registry, is divided into two sections: registry of acts relative to real estate and the other, registry of acts relative to commerce. The real estate located in that locality is found registered in the real estate section and the companies with domicile in that locality are found registered in the commerce section.

The section regarding real estate, is used as the place for registry of all acts relative to ownership, possession, use, encumbrance, disposition and other similar acts legally affecting the real estate. Once the acts are registered there, they produce "effects against good faith and bad faith third parties", giving the registered party certain rights of preference against all other persons.

The section regarding commerce, is used as the place for registry of acts relative to the companies, including their incorporation, extraordinary shareholders meetings and certain other acts affecting the companies, such as liquidation and dissolution.

2. NATIONAL AGRARIAN REGISTRY. There exists a National Agrarian Registry in Mexico City, accessible to the public to verify the registry therein and status thereof, of all land that is titled and controlled via the Agrarian Reform Ministry. The mentioned land is a) the rural land that is owned (or expropriated) by the Federal Mexican government and used for farming or ranching under its specialized programs to assist the poor farmers, and b) that land privately held (some times large parcels) but not yet separated from the Agrarian Ministry's programs control. When parcels of this land are re-classified, delivered into private property and no longer subject to any specific programs, they are registered therein as such and thereafter registered at the Public Registry of Property of the locality where the land is located and from thereon all transfers, encumbrances, etc. on that land are registered at the mentioned local registry.

3. AERONAUTICAL REGISTRY. There exists a National Aeronautical Registry wherein all planes, helicopters and the like are registered. As well, all title of ownership, transfers, encumbrances and other similar acts thereto are registered therein.

4. MARITIME REGISTRY. There exists a National Maritime Registry wherein all boats, ships and the like that are flagged (considered of Mexican port of origin) are registered. As well, all title of ownership, transfers, encumbrances and other similar acts thereto are registered therein.

5. NATIONAL MINTING REGISTRY. There exists a National Mining Registry of all concessions, licenses, contracts and similar acts providing for and/or controlling the extraction and use of minerals in Mexico. This registry is maintained and controlled by the Federal Mining Ministry. On this subject, let us not forget that the owners of land in Mexico, only own the surface rights and in order for anyone to exploit the mineral deposits, they need a license or concession therefor.

6. NATIONAL WATER REGISTRY. There exists a National Water Registry of all concessions, licenses, contracts and similar acts providing or controlling the extraction and use of water in Mexico. This registry is maintained and controlled by the National Water Commission. On this subject, let us not forget that the owners of land in Mexico, only own the surface rights and in order for anyone to exploit the water deposits, they need a license or concession therefor.

7. NATIONAL REGISTRY OF PROFESSIONS. There exists a National Registry of Professions, held and run by the Federal Ministry of Education. This is where all degrees of a professional nature are registered (such as doctors, dentists, lawyers, architects, etc.).

8. NATIONAL WATER REGISTRY. The Federal Government via the National Water Commission registers here all the concessions granted for extraction and use of water as a natural resource of the country. This does not cover the contracting by a residence or business to receive water form the local-municipal water companies that exist in Mexico, where the local governments have a water distribution system for their city or town.. 

PRIVATE REGISTRIESe

  1. NATIONAL REGISTRY OF PROPERTY OWNED BY THE FEDERAL STATE. This registry

is located in Mexico City and controlled by the Ministry of National Patrimony. This is were the federal government keeps a listing of that property that is owned or control by the government, including its ownership in corporate stock of companies and special trusts created for development of a particular area or trade.

2. LAND TAX REGISTRY (REGISTRO CATASTRAL). In all cities and towns of Mexico where the town or city is of such a population size that either it will economically permit or politically will merit the sustaining of such a registry, we can find it. If the town does not have its own registry, most likely the registry for that town will be incorporated in a town or city close-by that is of sufficient size (economically or politically).

The principal purpose of this registry, although not to produce priority effects against third parties, is a means by which the public and the government can verify, who is registered as owner of certain real estate for purposes of land holding taxation collection.

3. NATIONAL REGISTRY OF FOREIGN INVESTMENT. This registry is maintained in Mexico City by the Federal Foreign Investment Commission. This is where all corporations that can have foreign investment in them are registered. As well, this is where the touristic foreign investment land trusts are registered.

4. FEDERAL REGISTRY OF VEHICLES. This registry has gone dormant as compared to its prior use. In years past, this registry issued a card certificate verifying that the automobiles and trucks therein registered were Mexican (not of foreign registry) for customs and use purposes. This card is not longer used. The Federal Mexican Customs Authority now maintains the registry of all vehicles.

5. OTHER FEDERAL GOVERNMENT MINISTRIES OF MEXICO where registries of one sort or another are kept, are many. Some are: Social Security (for workers medical and retirement benefits), Hacienda (Mexico's IRS, where it's tax payers are registered), immigration (where all foreigners that have immigrations statuses such as FM9, FM2 and those others that have a permanent or semi-permanent status, not including tourists or FM3s), Federal Electoral Department (where they keep registries of the approved voters in elections).

The information contained herein is solely for introductory purpose and should not be used in the performance of any business or other act. The author strongly suggests that the reader retain proper legal or other counsel to assist him or her in their endeavors in Mexico.