Mexican Decree Imposes New Equity Holder and Shareholder Registry Record Obligations

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The Mexican Federal Official Gazette, on June 14, 2018, published a decree amending some provisions of the Mexican General Law of Commercial Companies. This decree imposes new obligations on companies in Mexico with respect to the equity holders/shareholders registry records.

The decree mandates that companies must give notice through the Ministry of Economy's electronic system, indicating any equity/share transfer executed by their equity holders/shareholders. The notice must provide the name, nationality, and domicile of the new equity holder/shareholder.

The Ministry of Economy will keep confidential all the information provided in the notice, except if the information is required by judicial or administrative authorities in exercise of their responsibilities and pursuant to the applicable law. Any person with legitimate interest will be entitled to review a company's equity holder/shareholder registry book, which will be in the charge of the company's administration. The company's administration will be individually and severally responsible for the registry book's existence and the accuracy of the information contained in it.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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