Mexico: Recent Changes In The Mexican Practice To The Requirements Of Foreign Legal Entities-Granted Powers Of Attorney

The Mexican legal system is extremely rigid and formal. Such strictness is shown with respect to the legal representation through Power of Attorney. The Mexican legislation establishes very specific requirements to ensure the validity of such document.

The Mexican Industrial Property Law establishes in section IV of article 181 the requirements for any Power of Attorney granted by a legal foreign entity to file a contentious procedure before the Mexican Institute of Industrial Property (IMPI). According with this paragraph the Power of Attorney will be valid in Mexico if it complies with the following:

1) The power of attorney is granted under the applicable legislation of the place in which it is granted; or

2) The power of attorney is granted in accordance with international treaties.

Additionally the provision sets specifically that, when the legal existence of the legal foreign entity in which name the power is being granted is certified in such Power of Attorney, as well as the right of the grantor to confer said power, the validity of the document shall be presumed in the absence of proof to the contrary.

In the past years, this article of the Law generated legal disputes regarding its judicial interpretation. In 1998 a Federal Circuit Court established a non-binding rule which expressly mentioned that the legislator used the term "or" to emphasize that the Power of Attorney granted by a legal foreign entity must be considered valid if the same is granted by the legislation applicable in the country of its origin or if it is granted under the rules of international treaties, not being necessary to fulfill both requirements.

In fact, if one of those two options was accomplished, it was understood that the Power of Attorney did not need any additional documents or evidence to demonstrate its validity.

A recent judicial decision issued by another Federal Circuit Court after the literal, historic and systematic interpretation of section IV of said Article 181 of the Industrial Property Law, has established a new non-binding rule which states that the representation of a foreign legal entity in a contentious proceeding at the IMPI must be demonstrated with a Power of Attorney, where it is mandatory that the legal existence of the legal foreign entity is certified, and that the grantor which confers said power has the right to grant it in order to be legally valid.

The Court has therefore determined the following:

a) That it is not enough that a Power is granted under the applicable legislation of the place in which it is granted, but, also, it is necessary to attest the legal existence of that foreign legal entity, as well as that the grantor has the right to confer the power.

b) The Court's reason for its decision was that the legislator foresaw said requirements for the legal security of the interested parties in contentious proceedings before the IMPI. These indicated requirements must be fulfilled when the actions are filed by foreign legal entities. The Court considered also that such requirements were important because, if that was not the case, they would have been deemed unnecessary during the corresponding legislative proceedings.

In the author's opinion, even when the Court apparently tries to literally apply what it is established in section IV, article 181 of the Intellectual Property Law, this paragraph already expressly provides the word "when", which means that only in the case that the legal foreign entity which receives the power certifies its legal existence and the right of the grantor to confer said power is as well attested, the validity of the Power of Attorney shall be presumed.

The above requirements cannot be demanded in every Power of Attorney granted by foreign legal corporations from all the countries of the world due to the fact that the local requirements to grant a valid Power of Attorney can be completely different from those that are established in Mexico, as they depend in the laws and provisions of the country in which the Power of Attorney is granted. Moreover, there are cases in which Notary Publics in many different countries do not have the mandate or even the faculties to certify the legal existence of the entity that is granting the power or if the grantor that executed the document has the right to confer it.

Under those circumstances, this new non-binding ruling directly affects the practice to consider the validity of the Power of Attorney granted by a legal foreign entity to intervene in a contentious procedure at the IMPI, since it imposes the burden to the legal foreign corporation to prove its legal existence and the faculties of its grantor, when it completely depends on the laws and provisions of the place in which this document is executed or granted.

It will be relevant that the IMPI does not take this non-binding rule into consideration, as it is completely unjustified and could cause that legal entities must challenge this non-binding rule before the Federal Circuit Courts until there is a compulsory criterion that determines the requisites that a Power of Attorney granted by a foreign legal entity must have to be legally valid.

This article was published on BC&B Newsletter page on May 15th, 2019 which can be accessed at

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions