The legal and regulatory requirements in any country affect the way a company does business, and maneuvering through the legal maze in Mexico can present many pitfalls for foreign firms. After NAFTA was signed in 1992, Mexico undertook a concerted effort to bring its laws and regulations into line with the accord’s provisions, as well as to adopt commercial laws more in line with standard international practices. This has resulted in greater legal continuity among the NAFTA countries, but important differences remain.

      Many U.S. firms make the mistake of assuming that Mexico’s legal framework is similar to that of the United States and depend on their U.S. legal counsel to advise them on doing business in Mexico. However, Mexico’s legal tradition is based on the Napoleonic Code, rather than English common law, and therefore much of the advice that would be applicable to a business venture in the United States is inappropriate for Mexico. Indeed, unlike the United States, where judge-made law (common law and precedent) shapes much of the legal landscape, the Mexican legal framework is built on a system of codes, which govern all civil, criminal and commercial matters.

            Because of these and other differences, the U.S. Embassy recommends that a Mexican lawyer, or an U.S. lawyer trained in Mexican law, review all legal documents related to the firm’s business operations in Mexico, including labor contracts, leases, and all other commercial agreements. The advice of an experienced Mexican corporate lawyer can be indispensable in, for...

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