Client Alert

One of the means by which a person may represent another, either by being an individual or legal entity, is through a power of attorney. In this case, an attorney-in-fact is vested with authorities to execute on behalf of the grantor the legal acts entrusted, provided that the attorney in fact accepts the mandate.

For these purposes, the Federal Civil Code and the civil codes of the different states of Mexico, provide the possibility to grant powers of attorney through a public deed formalized by a Notary Public under certain conditions. In this sense, when reviewing a power of attorney, in addition to examining the scope and limitations of the authorities of the attorneys-in-fact, it is highly important to confirm that it is in force, since the term of validity of the powers of attorney may vary depending on the state in which they were granted. To this day, there are eight Mexican states that limit the validity of the powers of attorney granted by means of a public deed, which are listed below:

• Aguascalientes: validity of 5 years (legal provision amended on September, 2018).
• Baja California: validity of 3 years (amended on January, 2018).
• Coahuila: validity of 3 years (amended on January, 2018).
• Durango: validity of 3 years (amended on March, 2017). 
• Estado de Mexico: the power of attorney must contemplate a term for which it is conferred; the lack of this will be deemed that it is granted for 3 years (amended on June, 2002).
• Guanajuato: validity of 5 years (amended on May, 2017).
• Jalisco: validity of 5 years (disposition published on December, 1994).
• Zacatecas: validity of 3 years; in case that the power is for acts of domain acts, the validity will be of 1 year (amended on September, 2018).

A judicial precedent has been issued to clarify that the validity of the powers will commence on the date in which the granting of the power-of-attorney was duly notarized before a notary public.

Independently of the foregoing, the grantors of powers of attorney may establish a lower term of validity in those states where a maximum term is contemplated, or a fixed term in those states where there is no limitation in these regards.

For further questions or comments, do not hesitate to contact us.

Contact

Carlos R. Padilla
cpadilla@cuestacampos.com

Jesús Bueno
jbueno@cuestacampos.com

www.cuestacampos.com

The above is provided as general information prepared by professionals with regard to the subject matter. This document only refers to the applicable law in Mexico. While every effort has been made to ensure accuracy, no responsibility can be accepted for errors or omissions. The information contained herein should not be relied on as legal, accounting or professional advice being rendered.