by gphadmin | Jun 8, 2023 | Sin categoría
The National Code of Civil and Family Proceedings was published today in the Official Gazette of the Federation, which seeks to establish standardized protocols at the national level to resolve disputes between private parties.
It also incorporates an approach that promotes the use of information technologies in judicial proceedings, with the purpose of unifying the legal standards and foundations to achieve a fair and equitable solution to conflicts.
This Code will be applicable to situations such as: alimony, divorce, guardianship of minors, wills and probate proceedings.
Among the most important aspects of this enactment is the incorporation and recognition of blockchain and metaverse, which are defined as follows:
VII. Blockchain. A set of technologies whose characteristics seek to enable the transfer of value in digital environments through consensus and encryption methods. From a technical point of view, and according to its characteristics, a blockchain is a database, decentralized and distributed in a computer network, formed by a set of linked records where transactions or data are stored, which have been designed to prevent unauthorized modification or manipulation, once a piece of data has been published.
XXVI. Metaverse. Virtual space that enables social coexistence in digital worlds through immersive graphic experiences in third dimension, which usually uses virtual reality, augmented reality, mixed or hybrid reality, tokens and blockchain technologies.
For further information on the note, please contact us.
Source: Diario Oficial de la Federación. Recuperado el 07 de junio del 2023 de:
https://www.dof.gob.mx/nota_detalle.php?codigo=5691385&fecha=07/06/2023#gsc.tab=0
Mariana Z. Crespo Alcalá.
Gloria Ponce de León & Hernández.
by gphadmin | Nov 7, 2022 | Sin categoría
Last Thursday, November 3, the Senate unanimously approved with 89 votes in favor, 0 against and 0 abstentions, the initiative proposes to increase the annual vacation period from 6 to 12 days for workers.
With this initiative, Articles 76 and 78 of the Federal Labour Law are amended to read as follows:
Article 76.- Workers with more than one year of service shall enjoy an annual period of paid vacation, which in no case may be less than twelve working days, and which shall increase by two working days, until reaching twenty, for each subsequent year of service. From the sixth year onwards, the period of vacation shall be increased by two days for every five years of service.
Article 78.- Workers shall continuously enjoy at least twelve days of vacation.
Now the opinion will be turned to the Chamber of Deputies to be given the corresponding procedure, and if there are no comments against it, the reform will enter into effect on January 1, 2023 if it is published during this year, in case it is published in 2023, it will enter into effect the day after its publication.
The initiative proposes the application of vacation days to both individual and collective work contracts, in effect at the date of entry into force of the reform, provided that they are favorable to workers.
For further information on the note, please contact us.
Source: Senado de la República:
https://comunicacionsocial.senado.gob.mx/informacion/comunicados/4172-por-unanimidad-senado-de-la-republica-aprueba-dictamen-sobre-vacaciones-dignas#:~:text=El%20dictamen%2C%20que%20fue%20aprobado,inferior%20a%2012%20d%C3%ADas%20laborables.
Mariana Z. Crespo Alcalá
Gloria Ponce de León & Hernández.
by gphadmin | Sep 28, 2022 | Sin categoría
If you are starting a project and plan to use social media to make it known, it is very important that you consider protecting your intangible assets from the beginning, even before registering your profiles or usernames.
The distinctive signs that you are most likely to use in social media and that we recommend you to protect by registering them with the Mexican Institute of Industrial Property (IMPI) are:
- Trademark – a sign that is perceived by the senses, that can represent and distinguish a product or service. Usually it can be the name of your project and/or a logo.
- Commercial advertisement – phrases or sentences that distinguish you from your competitors and that refer to your project. Also known as “Slogan”.
- Trade Name – is the identity of your business. The trade name is the denomination of your trade, establishment, company or industry. It allows your customers to identify your establishment.
Depending on your activities, line of business or services, you may require more than one registration before the IMPI to protect your name, logo, trademark or any other distinctive sign. If you have any doubts, you can contact our team of industrial property lawyers, who will help you to protect the identity of your project in social media.
Alan Petz Cantú
Gloria Ponce de León & Hernández
by gphadmin | Sep 20, 2022 | Sin categoría
Did you know that leasing can be classified as a vulnerable activity for money laundering?
The Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin (LFPIORPI), regulates the activities that are likely to be used for money laundering and terrorist financing.
Within the catalog of activities, article 17, section XV of the LFPIORPI, states that the constitution of personal rights of use or enjoyment of real estate is a vulnerable activity; however, not all leases, by themselves, have this character, because according to the same precept to be considered of this nature, they must be for a monthly amount equal to or greater than 1,605 times the value of the UMA, which are around $154,433.10 pesos, this to be within the identification threshold and $308,866.20 for the notice threshold, considering that the UMA is $96.22 pesos in this 2022
Therefore, not all lessors have the obligation to register their lease as a vulnerable activity, nor comply with the obligations in terms of money laundering prevention; Only those whose monthly income exceeds the indicated threshold have this duty.
If they are in the cases of vulnerable activity, people must comply, among others, with the following obligations:
- Identify your client or user, and if applicable, the controlling beneficiary.
- Submit notices on the 17th of each month.
- Appoint a representative of the obligations (in the case of legal entities)
- Protect and prevent the destruction and concealment of information supporting operations.
- Provide the necessary facilities in case of verification, and
- Prepare a manual of policies and procedures for the verification and updating of data provided by customers.
Currently, the Anti-Money Laundering Law contemplates more than 20 direct and indirect obligations to adequately comply with the Prevention regime, which help to mitigate risks and non-compliance opens the possibility of being credited with some type of administrative sanction, such as It can be the exorbitant fines that range from $17 thousand to $5.8 million pesos for each omission, or from 10% to 100% of the total value of the operation subject to this regime.
Lic. Javier Estrada V.
Gloria Ponce de León & Hernández
by gphadmin | Sep 15, 2022 | Sin categoría
When we talk about institutionalizing a Company, we refer to the adoption of organizations, structures, and processes that provide the company with great benefits, such as plans for continuity, stability, and corporate security for shareholders and investors.
Corporate governance guarantees an adequate application of strategies and regulations that bring with them positioning and stability of a company in the market.
It should be noted that companies, large or small, are, among other things, successful since they maintain a strategic structure in different essential areas such as their shareholders, administrative bodies, management and more.
Among the benefits that we can highlight of having a corporate governance that institutionalizes your company are the following:
- Investors Relationship: if something is important for an investor at the beginning of talks with any company, it is being able to verify that it has structure in its documents, work projects and plans for continuation in the event of a contingency, this gives them security. with your investment and gives you perspective on how the business is going.
- Public Relations: how to act before a media contingency, whatever the situation, is extremely important for any company, since not doing it correctly could be extremely damaging.
- Continuity plan: The continuity of the company is of the utmost importance, both for its shareholders and for potential investors, employees and the economy in general, to have a continuity plan in which there can be transparency in the accountability of accounts, as well as the establishment of responsibilities and obligations for each area are among the objectives of this type of plan.
At GP&H we can support you to carry out an analysis and implement corporate governance that meets the specific needs of your business.
Maria Galaviz
Gloria Ponce de León & Hernández
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