importance of document translation according to mexican law
By Sergio Burgoin
Despite mexican law not expressly prohibiting the parties to execute agreements in the language of their election, all public documents must be issued in spanish and, private documents whenever filed before a mexican authority (including a notary public) must be accompanied by its corresponding translation to the spanish language. This normally occurs in the following events:
(i) whenever a foreign entity wishes to conduct business in Mexico (such as acquiring real estate or any other assets, creating a subsidiary, etc) and
(ii) in the event of claims arising in connection to foreign entities or agreements drafted in a language other than spanish
Furthermore, it is important to mention that all records of companies conducting business in Mexico. (including agreements entered with foreign entities) must be in spanish. This specially in the event of audits from any fiscal authorities.
Article 55 of the Code of Procedures for the State of Baja California Sur states that "All judicial acts and filings must be in spanish. All documents drafted in a foreign language or dialect must be accompanied by their corresponding spanish translation..."
Articles 28 and 33 of the Federal Fiscal Code also state that the company's records must be kept in the spanish language, or a translation must be made available to the tax authorities when required.
This is complemented by the Miscelaneous Fiscal Resolution No. 2.8.1.3 "Accounting in languages other than spanish" which expands on the faculties of the fiscal authorities to require translations of documents kept by the taxpayer
Based on the above, and in order to comply with the mexican law, any documents executed in a foreign language must be made available in the spanish language .
At Baja Translations it is our goal to effectively translate the spirit of your agreement in order to fully convey and transmit the terms agreed by the parties, avoiding any misunderstanding caused by the language barrier.
Sergio Burgoin
Certified Court Translator and Interpreter | Attorney at Law
