MEXICO Law and Practice Contributed by: Fernando Todd, Mariana Todd, Jorge Garcia and Silvia Alanis, Todd
Common Legal Instruments for Securing Mining Concessions These include: • mortgages over mining concessions; • non-possessory pledges; and • security trusts, which can be established with a financial or authorised institution that provides trust services. All security interests over mining concessions must be registered with the Public Registry of Mines to be enforceable against third parties. Security Interests Over Related Assets For related assets such as real estate, inventory, per - sonal or movable property, the applicable legal frame - work depends on the asset’s nature. • Real estate is secured through mortgages and registered in the Public Property Registry. • Inventory and movable property are secured through non-possessory pledges and registered in the Security Interests Registry for Movable Prop - erty. • Shares or corporate rights are secured through share pledges. Mexico’s robust registration system ensures the validity and enforceability of security interests, with appropriate registries depending on the type of asset involved, such as the Public Registry of Commerce or other specialised registries. 6. Mining: Outlook and Trends 6.1 Two-Year Forecast for the Mining Sector The Future of the Mining Industry in Mexico The mining industry in Mexico is expected to continue evolving toward more sustainable and socially respon - sible practices. Governmental agencies are increas - ingly focusing on energy efficiency, water manage - ment, and the mitigation of environmental impacts. The growing demand for key minerals essential to the energy transition, such as lithium, cobalt, and nickel, presents a significant opportunity for the Mexican
mining industry. Simultaneously, the global push to reduce greenhouse gas emissions has led many com - panies and governments to commit to net-zero carbon goals, and Mexico is anticipated to follow this trend. Recent Legal Reforms and Challenges In line with global sustainability efforts, Mexico has undertaken significant legal reforms shaped by con - tributions from civil society organisations focused on environmental issues. Key reforms include the follow - ing. • Mining Law Amendments (8 May 2023); and • The General Law on Climate Change Reforms (15 November 2023). These reforms aim to address pressing environmental challenges, including greenhouse gas emissions, sus - tainability, energy efficiency, and the management of critical natural resources such as water. Specific provi - sions target waste management, land restoration, and water resource protection in the mining sector. In September 2025, the Supreme Court of Justice issued a landmark decision confirming the consti - tutional validity of key elements of the 2023 reform. The Court held that concession renewals, easements, water-use preferences, and related processes are not vested rights, but expectations subject to compli - ance with current regulations – reinforcing the State’s authority to modernise the framework for natural resource management. At the same time, the Ministry of Economy has pub - licly announced that it is preparing a more investor- friendly mining framework, and the forthcoming Regu - lation to the Mining Law is widely expected to bring much-needed certainty to procedures, rights, and obligations. These developments signal a construc - tive regulatory direction. From an international perspective, the 2026 review of the T-MEC represents another opportunity. Mexi - co’s position within the North American supply chain – especially for critical minerals – may translate into stronger investor protections, deeper regional inte - gration, and new cross-border projects supported by geopolitical alignment.
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