Mexican Legal Framework of Business Insolvency - White & Case

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for recognition shall be accompanied by (1) a copy certified by the foreign court
of the decision commencing the foreign proceeding and appointing the foreign
representative; (2) a certificate from the foreign court affirming the existence of
the foreign proceeding and of the appointment of the foreign representative; or
(3) in the absence of the foregoing, any other evidence acceptable to the judge
of the existence of the foreign proceeding and of the appointment of the foreign
representative. In addition, the application shall also be accompanied by a statement
identifying all foreign proceedings in respect of the debtor that are known to the
foreign representative and must identify the debtor’s domicile for service of process
[LCM 292].
The judge shall require a Spanish translation of documents supplied in support of the
application for recognition that are in a language other than Spanish [LCM 292].
ii. Procedure
The recognition procedure will be carried out as an ancillary procedure between the
foreign representative and the debtor, together with the visitor, conciliator or receiver,
as the case may be [LCM 292, 294]. It is unlikely that at the point in time when
recognition of a foreign proceeding is being sought, a visitor, conciliator or receiver
has been appointed. This would only occur in the case when a Mexican concurso of
the same debtor is already under way.
If the debtor has an establishment in Mexico, the recognition procedure shall be
carried out in the same manner in which a demand for concurso would be sought
with respect to a debtor in Mexico. That is, once admitted, the process would begin
with the visit to determine that the commencement standards were met, etc. [LCM
293]. A recent binding precedent confirms this position:
INSOLVENCY LAW. CONDITIONS FOR THE RECOGNITION OF A FOREIGN PROCEEDING
IN MEXICO.
From a systematic and harmonic interpretation of Articles 293 and 294 of Title Second of
the Insolvency Law, relative to international cooperation, in accordance with Articles 29,