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Permits, Filings 
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TREC LICENSE # 0303291



















Permits, Filings & Calvo Clause

Permits: (requirements change from time to time): 1.) A permit is required from the Secretariat of Foreign Affairs/Relations (acquirable in the state delegation offices of the head office in Mexico City) through their "Constitutional Article 27 Permits Department" in order to create title transfer bank trusts in favor of foreigners on real property in Mexico. 2.) As a general rule foreigners are to acquire a permit from said agency when they wish to acquire title to real estate in Mexico. However, the agency can set-up general scenarios in which they will not need to specifically request a permit (just the Calvo waiver would be sufficient in these cases), which general scenario cases will never include property located in a municipality totally or partially located in the Restricted Zone (wherein more formality is always required - i.e. the specific permit). The list of municipalities is published by the National Statistics Institute of Mexico. 3) There may also exist a requirement of a permit form the National Registry of Foreign Investment in order for the foreigner directly, via a title trust and/or a Mexican corporation take title to real estate in Mexico (requirements change from time to time) (note: at the least, there is a need for registration filing, see "Additional Filing" below).

Public Registry of Property All titles, limitations on titles and encumbrances on titles of real estate are to be registered at the Public Registry of Property corresponding to the Location of the property (normally one for each city or municipality).

Additional Filing: 1.) The companies (with foreign investment or that can have foreign investment) are to provide notice of the acquisition of real estate in the Restricted Zone to the Secretariat of Foreign Affairs/Relations of Mexico, via its Head Office of Permits (Dirección de Permisos) for Article 27 of the Constitution or its Regional State Delegations of said office, within 60 days of the acquisition of the real estate. 2.) Acquisitions by foreigners of real estate in Mexico via the title transfer trust require notification to the National Registry of Foreign Investment. 3. Form time to time the Immigration Authorities, as well as the National Commission or Foreign Investment (in general terms synonymous with National Registry of Foreign Investment) are involved in approval of acquisition of real estate in Mexico by foreigners. You can acquire specifics on your case by contacting these authorities or in many cases by inquiring with a knowledgeable Notary Public in Mexico.

Calvo Clause: The Mexican federal authorities require that foreigners that wish to acquire rights in Mexico in general, agree to act as a Mexican national regarding all matters concerning these rights and those obligations that may arise in relation thereto; to submit themselves to Mexican courts and laws relative thereto, and not to invoke the protection of their foreign governments in regard to these rights and obligations. In other words "When in Rome do as the Romans".

The Mexican federal authorities in present day have an extended hybrid of this clause which they use. It is a pre-requisite for many permits and authorizations.

DISCLAIMER:  Note:  This is not a legal document.  This write-up may contain errors and omissions and is for informational purposes only.  The above information is deemed correct, but is not guaranteed and is subject to changes and corrections. The property is subject to withdrawal from the market without prior notice.  Seller makes no presentations, warranties or disclosures as to the property except as to title.  The property is sold as is, where is with all faults and without warranty, representation or guaranty as to suitability, express or implied, (as to the condition or fitness of the property) for buyers’ use.

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Copyright © 2008 Jacob R. Casanova
Last modified: November 15, 2011