Notas Informativas

Amendment to the General Law on Negotiable Instruments and Credit Transactions

James

The Decree amending, supplementing and repealing several provisions of the General Law on Negotiable Instruments and Credit Transactions and the General Law on Credit Organizations and Ancillary Activities (the “Decree”) was published in the Federal Official Gazette on March 26. As a result of the amendments subject matter of the Decree, the validity, legal effects and enforceability of negotiable instruments issued through technological means are recognized, giving them the equivalence to a data message (in terms of Article 89) of the Mexican Code of Commerce.


In connection with the foregoing, the amendments contained in the Decree make the following precisions regarding the operation and enforceability of negotiable instruments issued by technological means.


- In case relevant legislation mandates for an operation or negotiable instrument to be in writing, such requirement shall be deemed fulfilled if the document remains intact and available in relevant technological means.


- By integrity it shall be understood that the information contained in the corresponding negotiable instrument has been maintained complete and unaltered, except for any verifiable changes occurred in the ordinary course of its communication, storage or submission, as well as the circulation of the relevant negotiable instrument is traceable.


- Integrity and availability will be presumed when the negotiable instrument may be consulted in the information system in which it was originated.


- Any endorsement must be made through the information system in which the negotiable instrument being endorsed is located and must be “undoubtedly” related to said negotiable instrument, and, furthermore, the continuity of the circulation of the instrument may be consulted on such information system.


- Transmission of the instrument to an acquiror shall be conducted through the information system where the instrument is contained. In case of any breach to transmitting the instrument in the aforementioned manner, the transferor shall be subject to criminal and civil liability.


- An electronic negotiable instrument shall be presented and guaranteed jointly and severally by a third party through the information system in which it is contained.


- Regarding its enforceability, in case the payment right contained in the negotiable instrument is claimed, the judge must verify the existence and circulation traceability of the instrument in the information system in which it is contained.

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