Public Property and Commerce Registry
The Public Registry of Ownership and Commerce is a Mexican institution that was created in 1869 and has the function of controlling the real estate of individuals and the federal government, as well as those legal acts that involve them.
Objective, necessity and usefulness of the Public Registry of Property and Trade:
The Registry was born out of the need to keep an account to each holder. In other words, it initially had a purely administrative need for publicity because the desirability of advertising had not even been discovered. The need for advertising was manifest when the clandestineness of the charges and levies on the properties was such that it became impossible to know the true situation of the properties, then that registration that was born for an administrative reason with a view to keeping an account of each holder, became a register with a view to advertising , and thus, it can be said that registration was born as a means of traffic security- legal.
Registration or registration of traders is mandatory for any legal or administrative person engaged in the exercise of commerce.
The Public Registry is very useful to society since it provides certainty and provides legal certainty to persons interested in holding a legal act since in the absence of registration the society would live in a state of uncertainty.
It is the raison d’etre of the Registry, since it was created to give legal certainty against third parties, and publicity to the ownership and possession of all real estate and some furniture and the levies and other limitations that restrict them. It consists of allowing the public to consult the registrations.
Article 3001 of the Civil Code provides:
He registered will be public. The managers of the same have an obligation to allow persons who request it, whether or not to prove interest, to know of the seats and information they obtain in the registration collection. They are also required to issue certified copies of the inscriptions or records on the folios of the public register, certifications whether or not there are seats relating to goods, or moral persons, to be indicated, and to issue the certificates referred to in Article 3016 of this order.
Any registration seat must be materialised so that the event that was held can be known objectively. The inscription may be divided into material, in relation to the act; formal, in relation to the documents. This division is due to a discussion: What is entered, the act held or the document containing it? We consider that the registration, based on its final causes, must record both; that is to say both a document that covers the requirements of form and validity, necessarily instrumental, and an act or fact relevant to the parties, which is contained in that instrument but with its own life, independent of that which is the realization of the legal business. Any inscription must be on the folios, whether documentary or electronic (art. 21, Commercial Code), or on the books of the records.
This principle consists in the detailed specification of the characteristics of the object to be registered: the nature of the act which gave rise to the right in rem, names and generals of the persons involved in the act, date of title, registrar authorizing it and time of presentation of the document.
This principle, also called specification or determination, requires the concentration of the registered good, subjects and right. is regulated in Article 3061 of the Civil Code which states:
Registration seats must state in addition to the foregoing article, the following:
The nature, extent and conditions of the right in question;
III.- The value of the goods or rights referred to in the previous fraction, when under this code and the registration law must be expressed in the title;
IV.- In the case of mortgages, the guaranteed obligation; the time when compliance may be required; the amount of it or the maximum amount insured in the case of obligations of indefinite amount; and interest determined or determinable as agreed in the instrument, if they are caused, and the date from which they are to run;
V.- The names of natural persons or, where appropriate, the name or social reason of the moral persons for which the registration is made and those from whom the goods immediately originate. where the title expresses the generals, the federal register of taxpayers or the unique population registration key of the interested parties, such data shall be mentioned in the registration;
VI.- The nature of the fact or legal business; And
VII.- the date of the title, the number if you have it and the notary or official who authorized it.
If the title presented contains the above, the registrar may not request additional information or document.
Our services consist of solving any type of problem that is presented in the different Public Records of the country and government offices related to the Property and its proper registration in the country.
We have a network of correspondents nationally from Tijuana to Tapachula that allows us to offer our customers a fast and effective response throughout the country.
Below are the services we offer:
Property and Company Verification
Obtaining Certificates of Existence or Non-existence of Levites
Obtaining Non-Ownership Certificates
Search for recorded backgrounds
Obtaining certified copies of testimonials
Registration of acts and legal acts
Recording of preventive notices