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Commercial law attorneys in Mexico

Commercial law governs acts of commerce, credit instruments, business contracts, and disputes between companies. A commercial lawyer collects promissory notes and checks, enforces guarantees, resolves commercial disputes, and handles commercial insolvency proceedings when a company faces insolvency.

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Commercial law governs acts of commerce and merchants. It is a federal matter under section X of constitutional article 73, although commercial suits may be brought interchangeably before federal or local judges under the so-called concurrent jurisdiction provided for in the Commercial Code (Código de Comercio).

Commercial lawyers handle the executive commercial proceeding (juicio ejecutivo mercantil, the fast track to collect credit instruments such as promissory notes, checks, and bills of exchange), the oral commercial proceeding, supply, distribution, agency, franchise, and credit contracts, the enforcement of movable-property guarantees, commercial sales, and corporate disputes between partners and shareholders.

A specialized, high-impact area is the commercial insolvency proceeding (concurso mercantil), governed by the Commercial Insolvency Law (Ley de Concursos Mercantiles), which addresses insolvent companies through the stages of conciliation (to restructure and preserve the company) and bankruptcy (to liquidate and pay creditors). The Federal Institute of Commercial Insolvency Specialists (IFECOM) oversees the specialists who intervene.

Key concepts include credit instruments and their literal and autonomous nature, negotiable-instrument joint liability (solidaridad cambiaria), in rem and personal guarantees, and default interest. The promissory note (pagaré) is probably the most litigated document in the country because of how easily it can be enforced.

This field overlaps with corporate law (the formation and governance of companies) and with banking law. When a commercial judgment is adverse, after exhausting the appeal the direct amparo (constitutional relief) lies.

Governing laws commercial law

  • Código de Comercio
  • Ley General de Títulos y Operaciones de Crédito
  • Ley General de Sociedades Mercantiles
  • Ley de Concursos Mercantiles
  • Ley de Instituciones de Crédito
  • Código Civil Federal (supletorio)
  • Ley de Amparo

Process and timelines

In the executive commercial proceeding, with a credit instrument the judge issues a writ of execution (auto de exequendo) and may order the attachment of assets from the outset; the defendant has a term to raise defenses and, after the taking of evidence, judgment is rendered. It usually lasts six months to a year and a half. The oral commercial proceeding is resolved in hearings and tends to be faster. The commercial insolvency proceeding is longer: conciliation may last up to 185 calendar days, extendable, before moving, where applicable, to bankruptcy.

Documents usually required

  • The original credit instrument (promissory note, check, or bill of exchange)
  • Signed commercial contracts
  • Invoices and account statements
  • The company's articles of incorporation, if applicable
  • Identification of the parties and powers of attorney of the representatives
  • Proof of the debts and interest
  • Guarantees granted (pledges, sureties)

How much does it cost?

In collections, a percentage of what is recovered plus an advance is common, or a monthly retainer for credit portfolios. Commercial insolvency proceedings, given their complexity, are agreed at high fees owing to their duration and specialization. The creation of guarantees and the review of contracts are charged per project. Ask for a quote and a clear fee scheme from the outset.

When do you need this lawyer?

Turn to a commercial lawyer to collect an unpaid promissory note or check, resolve disputes with business suppliers or clients, enforce guarantees, or when your company faces insolvency and needs to restructure debt through a commercial insolvency proceeding. If the conflict is with a final consumer or between private parties with no commercial purpose, it may belong to civil law or consumer protection.

Red flags when hiring

  • Loses or obtains copies of the original credit instrument without safeguarding it properly
  • Promises to attach specific assets without verifying their existence or ownership
  • Miscalculates default interest or the negotiable-instrument prescription
  • Is unaware of the Commercial Insolvency Law when the case involves insolvency
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Lawyers for commercial law

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Common questions

Frequently asked questions

What does a commercial law attorney do in Mexico?

An attorney specialized in commercial law advises and represents individuals and companies in matters governed by this area. In practical terms, it is a matter of federal competence, so it is governed by federal laws and litigated before district courts. Cases are resolved mainly before trial courts. The central applicable law is the Commercial Code (Código de Comercio).

What laws govern commercial law in Mexico?

The main applicable provisions are: the Commercial Code (Código de Comercio); the General Law of Negotiable Instruments and Credit Transactions (Ley General de Títulos y Operaciones de Crédito); the General Law of Commercial Companies (Ley General de Sociedades Mercantiles); the Commercial Bankruptcy Law (Ley de Concursos Mercantiles); the Credit Institutions Law (Ley de Instituciones de Crédito); the Federal Civil Code (Código Civil Federal, applied supplementarily); and the Amparo Law (Ley de Amparo). A lawyer experienced in this field interprets how these rules combine in your specific case and which judicial precedents are relevant.

Can I file an amparo (a constitutional protection remedy) in a commercial-law matter?

Yes. In commercial law it is common to resort to the amparo proceeding (constitutional relief), governed by the Amparo Law (Ley de Amparo), when an act of authority violates fundamental rights or unconstitutional rules are applied. Amparo has strict deadlines (as a general rule, 15 business days), so it is best to act quickly.

How much does it cost to hire a commercial lawyer?

In collections, a percentage of what is recovered plus an advance is common, or a monthly retainer for credit portfolios. Commercial insolvency proceedings, given their complexity, are agreed at high fees owing to their duration and specialization. The creation of guarantees and the review of contracts are charged per project. Ask for a quote and a clear fee scheme from the outset. Modalidades habituales: igualada mensual, cobro por hora, cuota litis (porcentaje sobre el resultado) o esquemas mixtos. En Letrados.mx nuestros abogados te explican sus honorarios por adelantado.

How urgent is it to address a commercial law matter?

A commercial law matter allows some preparation, but it is best not to let the deadlines run. Even so, the sooner you get guidance on your commercial law case, the more options you will have.

What documents do I need for a commercial law matter?

Suele pedirse: The original credit instrument (promissory note, check, or bill of exchange); Signed commercial contracts; Invoices and account statements; The company's articles of incorporation, if applicable; Identification of the parties and powers of attorney of the representatives; Proof of the debts and interest; Guarantees granted (pledges, sureties). No te preocupes si te falta alguno: el abogado te indicará cómo obtenerlo.

I am a foreigner; can a commercial law lawyer help me in Mexico?

Yes. In commercial law we handle many cases involving foreigners and Mexicans living abroad. We can connect you with lawyers who speak English and other languages and who deal with cross-border matters, remote procedures and powers of attorney.

How do I choose a good commercial-law attorney?

Verify their cédula profesional (professional license) in the SEP's National Registry of Professionals, confirm they have concrete experience in commercial law —being a general attorney is not enough— and ask them to explain the strategy and fees in writing for proceedings before trial courts. All of Letrados.mx's commercial-law attorneys have a verified cédula profesional.

How long does a commercial law case take to resolve?

In the executive commercial proceeding, with a credit instrument the judge issues a writ of execution (auto de exequendo) and may order the attachment of assets from the outset; the defendant has a term to raise defenses and, after the taking of evidence, judgment is rendered. It usually lasts six months to a year and a half. Un abogado de derecho mercantil puede darte una estimación realista tras revisar tu caso.

Is the first consultation with a commercial-law attorney free?

Yes. At Letrados.mx, the initial assessment of your commercial-law case is normally free. Describe your case and a lawyer specializing in commercial law will review it and advise you before you decide whether to proceed.

Do you handle commercial law cases throughout Mexico?

Yes. We handle commercial law cases in all 32 states of the federation. When you indicate your state and city we assign you a lawyer who knows the courts and local rules that apply to a commercial law matter.

What red flags should I avoid when hiring for commercial law?

Ten cuidado con: Loses or obtains copies of the original credit instrument without safeguarding it properly; Promises to attach specific assets without verifying their existence or ownership; Miscalculates default interest or the negotiable-instrument prescription; Is unaware of the Commercial Insolvency Law when the case involves insolvency. Un abogado serio te da certidumbre por escrito y nunca garantiza resultados imposibles.

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The information on this site is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. For your specific case, schedule a consultation with our lawyers.