MEXICO Law and Practice Contributed by: Fernando Todd, Jorge Garcia, Silvia Alanis and Ana Lilia Solano, Todd
ible to the public. This increased visibility can either encourage or discourage investment. 5.6 Security over Mining Tenements and Related Assets Security Interests Over Mining Concessions Holders of mining concessions in Mexico may grant security interests or liens over their con - cession rights to secure obligations with third parties, provided the concessions are part of an operating mine. The beneficiary of such a securi - ty must notify the Mining Authority and acknowl - edge that within a six-month period following the enforcement of the guarantee or lien, they must either comply with the legal requirements to become a concession holder or transfer their rights over the concession. Common Legal Instruments for Securing Mining Concessions • mortgage over mining concessions; • non-possessory pledge; and • security trust, which can be established with a financial or authorised institution that pro - vides 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, personal or movable property, the applicable legal framework 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 reg - istered in the Security Interests Registry for Movable Property.
• 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 Regis - try 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 responsible practices. Governmental agencies are increasingly focusing on energy efficiency, water management, and the mitiga - tion 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 companies 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 contributions from civil society organisations focused on environmental issues. Key reforms include: • Mining Law Amendments (8 May 2023); and • General Law on Climate Change Reforms (15 November 2023).
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