Mexico: Electronic System For Publications By Business Organizations

Last Updated: 30 June 2015
Article by Santamarina Y Steta SC


On June 13, 2014, the so called Mercantile Reform (Miscelanea Mercantil), which amended, among others, the Mexican Commerce Code (Código de Comercio), the General Law of Business Organizations (Ley General de Sociedades Mercantiles) and the General Law of Negotiable Instruments and Credit Transactions (Ley General de Títulos y Operaciones de Crédito), was published in the Official Gazette of the Federation (Diario Oficial de la Federación or "DOF" for its Spanish acronym). As part of the amendments, Article 50 BIS was added to the Commerce Code, which states that those publications that should be made in accordance with the Mexican mercantile laws shall be carried out through the electronic system to be established by the Secretariat of Economy (Secretaria de Economia – the "Secretariat"), in the understanding that such publications shall be effective on the day following their publication, but without prejudice of the publications that shall be made in accordance with other special provisions or laws (the "System").

A year later, on June 12, 2015, and in compliance with the Transitory Article Third of the Mercantile Reform Decree, the Secretariat published in the DOF the Rules establishing the Electronic System for Publications by Business Organizations and the provisions for its operation (Acuerdo por el cual se establece el Sistema Electronico de Publicaciones de Sociedades Mercantiles y las disposiciones para su operacion – the "Rules"), set forth in Article 50 BIS of the Commerce Code.

The purpose of the Rules is to enhance country's competitiveness and productivity, through modernization and administrative simplification of certain provisions ruling the mercantile business activity.

The operation of the System began on June 15, 2015 and the services provided by it are free of charge.


The System is a web-based electronic system available at Publication of communications by business organizations which mercantile laws require to be published (e.g. calls to shareholders' meetings), as well as the correction of errors in said publications, can be made through the System. Likewise, the System grants the general public access to the published information.

Only representatives of the company interested in the publication, users pre-authorized by such company's legal representatives and officials of the Secretariat are allowed to use the System to make publications or corrections. The legal representative shall use his/her advanced electronic signature (firma electronica avanzada) and provide the information required by the system, including the company's taxpayer registry number (or RFC for its Spanish acronym), the corporate name of the relevant company, the digital file on "pdf" format (which shall not exceed 1 megabyte) containing the document to be published, among other information. During the process, the legal representative may appoint authorized users or revoke their appointment.
The System will create a publication number and a confirmation ticket (boleta) for each publication and correction made. As mentioned, such confirmation tickets can be accessed by any person.


As provided in provision Sixteenth of the Rules , the following publications can be made:

I. Call to an Incorporation General Meeting;
II. Call to General Meetings;
III. Call to a Meeting to holders of equity certificates (certificados de participacion);
IV. Call to a Meeting by authority order;
V. Meeting's Resolutions regarding the increase of the corporate capital;
VI. Foreign companies' operations balance sheet;
VII. Financial Statements, notes and opinion of the statutory axaminer;
VIII. Balance Sheet of debenture-issuing companies;
IX. Reduction of corporate capital;
X. Merger resolutions, last balance sheet of each merging company, basis for the payment of liabilities of the merged entities;
XI. Spin-off resolutions;
XII. Resolutions on the conversion of the company;
XIII. Notice for the payment of pending contributions to the corporate capital when the payment term or amount is not set forth in the share certificate;
XIV. Resolution of partial distribution of assets of the company subject to liquidation;
XV. Liquidation balance sheet;
XVI. Outcome of the draw (sorteo) to determine the shares to be redeemed;
XVII. Regulations applicable to freight service providers; and
XVIII. Other publications set forth in the mercantile laws in accordance with the list set forth in the System.
The System is for publications by business organizations, not by natural persons performing mercantile transactions.


Beginning on June 15, 2015, any communication by a business organization that must be published in accordance with a mercantile law shall be published through the System, in addition to the making of such publication through any other means as may be required by special regulation, the relevant company's bylaws or the particular resolutions adopted by the equity holders;

The information crated, sent, received or stored in the System shall be, for all legal effects, considered a data message in terms of Article 89 of the Commerce Code;

Those documents and data messages with the advance electronic signature (firma electronica avanzada) shall have the same effects as those bearing a signature and, consequently, shall have the same probative value that applicable provisions grant them in accordance with the terms of Article 89, eighth paragraph, of the Commerce Code;

We recommend the review of the bylaws of each company, as well as the minutes for the issuance of debentures (obligaciones) and other documents of business organizations, as it is possible that these documents still reflect what was in effect before the reform of June 13, 2014 and, in such cases, absent an amendment to such documents, we suggest that calls for meetings and other publications required be made through both the System and the means currently established in the aforesaid documents.

As the terms of the Rules are currently written, a publication required by a mercantile law that is not listed either in the Rules or in the list shown in the System would not be subject to publication in the System, even though its publication in the System is required according to Article 50 BIS of the Commerce Code.

It is important to emphasize that the company's legal representatives and authorized users will be liable for the damages and losses that may arise as a result of the publications, as such persons are responsible for the existence and veracity of the information they published.

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”

Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). 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 & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd 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 or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.