Mexican Legal Framework of Business Insolvency - White & Case

More documents

Recommendations

Info

Appendix Real and Chattel Property The definition of what constitutes realty and chattel is a matter of local law [CPM 121-II]. In Mexico, most civil codes have similar definitions to those contained in the Federal Civil Code; however, differences may exist. At the federal level, as a general rule, any asset not specifically stated to be realty, shall constitute chattel property [CCF 759]. Realty includes [CCF 750]: 118 The ground and the constructions attached to it. The plants and trees, as well as the fruits on the trees, while they are naturally joined to the earth and have not been cut as crop or otherwise severed. Anything attached to realty in a permanent manner, so that upon separation, deterioration is caused to the realty or to the attached object. Statues, reliefs, paintings or other ornamental objects placed on buildings or placed by the owner of the realty in such a way as to reveal intent to unite them permanently to the realty. Dovecotes, beehives, fish tanks or analogous breeding tanks, if the owner keeps them for the purpose of being integrated to the realty, and they form part of it in a permanent way. Machines, containers, equipment and tooling that the owner of the realty has destined for direct and exclusive industrial use or other exploitation of the realty. All fertilizers for agricultural crops of realty, which are on the fields where they are to be used, as well as the necessary seeds for planting. Electrical equipment and appliances and their accessories that are fixed to the ground or to a building by the owner, unless an agreement provides otherwise. All wells, pools, reservoirs and waterways, as well as aqueducts and piping ducts of any type used for carrying liquids or gases to realty or for their extraction therefrom. ■■ ■■ ■■ ■■ ■■ ■■ ■■ ■■ ■■
■■ ■■ All kinds of animals used for breeding on rustic land totally or partially devoted to the raising of cattle, as well as those used for the performance of farm work, as long as they are employed for that purpose. Dry docks and similar constructions which, even if movable by floating, are kept stationary at a specific location on a river, lake or coast by reason of their use and purpose. ■■ All in rem rights on realty. ■■ Telephone and telegraph lines and permanently based radio-telegraph stations. White & Case 119
Page 1 and 2:
Mexican Legal Framework of Business
Page 3 and 4:
Mexican Legal Framework of Business
Page 5:
Maria Teresa Fernández Labardini*
Page 8 and 9:
PART IIISpecial Insolvencies ......
Page 10 and 11:
2 Consignment Consignación Coopera
Page 12 and 13:
4 Priority claim Crédito con privi
Page 15 and 16:
Introduction All of a debtor’s as
Page 17 and 18:
PART I Out-of-Court Restructuring O
Page 19 and 20:
One of the risks that suppliers of
Page 21 and 22:
Under either of the two approaches,
Page 23 and 24:
. Prevention of Systemic Risk Anoth
Page 25 and 26:
verification and admission of claim
Page 27 and 28:
The issue is still divided between
Page 29 and 30:
the debtor to arrive at a consensua
Page 31 and 32:
v. Remuneration Specialists are ent
Page 33 and 34:
after his death, if the creditors
Page 35 and 36:
The above court precedent has two f
Page 37 and 38:
2. Voluntary Acceptance Small merch
Page 39 and 40:
ii. Passive Estate Since a branch i
Page 41 and 42:
For a debtor to be considered a hol
Page 43 and 44:
■■ Shutting down the enterprise
Page 45 and 46:
■■ The facts that motivate the
Page 47 and 48:
filing such proofs of claim and ind
Page 49 and 50:
29 P. 161. i. Conservative Measures
Page 51 and 52:
i. Disposition of Assets During con
Page 53 and 54:
■■ ■■ Granting of collatera
Page 55 and 56:
All assets acquired by the concubin
Page 57 and 58:
■■ ■■ ■■ ■■ ■■
Page 59 and 60:
■■ ■■ Claims for an uncerta
Page 61 and 62:
chattel 35 ) unless its price is pa
Page 63 and 64:
c. Extensions of Credit An extensio
Page 65 and 66:
the negotiable instruments and the
Page 67 and 68:
epayment or abandonment shall apply
Page 69 and 70:
■ ■ Swaps: transactions in whic
Page 71 and 72:
If the subject matter of the constr
Page 73 and 74:
Netting of obligations in light of
Page 75 and 76: they function generally determine f
Page 77 and 78: . The Reorganization Plan The purpo
Page 79 and 80: extend to guarantors or co-obligors
Page 81 and 82: the reorganization plan); (3) all s
Page 83 and 84: If a debtor does not successfully c
Page 85 and 86: ii. Timing Removal takes effect leg
Page 87 and 88: Claims by creditors operate at two
Page 89 and 90: ■■ ■■ ■■ ■■ ■■
Page 91 and 92: predictability in commercial relati
Page 93 and 94: The receiver may oppose the foreclo
Page 95 and 96: ■■ A foreign proceeding is a co
Page 97 and 98: Conditioning the application of cro
Page 99 and 100: f. Enabling and Access The rules of
Page 101 and 102: 30, 31, 32, 33, 34, 35, 36, 37, 38,
Page 103 and 104: ii. Once Recognition Is Granted Onc
Page 105 and 106: concerning the coordination of proc
Page 107 and 108: 20. Non-bank Financial Sector Firms
Page 109 and 110: ■■ ■■ If, however, somethin
Page 111 and 112: Capitalization is an important indi
Page 113 and 114: A bank would be declared en concurs
Page 115 and 116: Bank restructuring through support
Page 117 and 118: 30. Purchase-and-Assumption A bank
Page 119 and 120: causes for dissolution has occurred
Page 121 and 122: [LCM 75]. The determination as to w
Page 123 and 124: 33. Securities Market 84 Holders of
Page 125: A reorganization plan would be enfo
Page 129 and 130: Galindo (1957). GALINDO GARFIAS, Ig
Page 132: whitecase.com In this publication,
show all

Mexican Legal Framework of Business Insolvency - White & Case

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?