10. How can I appoint a representative to act on behalf of my company in Mexico?

If your company intends to pursue legal actions in Mexico, or is either entering into formal contracts within the Mexican territory, a representative must be legally appointed to act on its behalf through a formal power of attorney.

Powers of attorney to be utilized in Mexico must be carefully drafted, and must also conform with either of the following International Treaties:

· The Washington Protocol on the Uniformity of Powers of Attorney Which are to be Utilized Abroad of 1940; or

· The Panama Inter-American Convention on the Legal Regime of Powers of Attorney to be Used Abroad of 1975.

Both these treaties provide for a handful of legal requirements and conditions that will have to be satisfied and strictly complied with in order to have full binding effects in Mexico. Some of the basic requirements include:

· Certification and attests by a Notary Public (that the company granting power of attorney was duly formed and is legally existing; that the individual acting on behalf of the company has proper representation and authority to delegate special and general powers of attorney; etc.);

· Purpose and extent of the power of attorney (it must determined in precise fashion, e.g., for lawsuits and collections, to buy and sell goods, to manage the company's business, etc.)

· Language (power of attorney is to be executed in Spanish, or provide proper translation of all documents pertaining to the same);

· Authentication and legalization of power of attorney (Notary's signature and certification must be asserted by a Government official as valid, and an Apostille for such official certification must be obtained);

· Filing (it is recommended that general powers of attorney are filed in the Public Registry of Commerce, in such City or State where the power of attorney is to be used).

These are just some of the main requirements provided under the International Treaties. You should therefore seek further legal advice from counsel in Mexico to make sure that every condition and all requirements are met.

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