MAJOR MACRO ECONOMIC INDICATORS
|GDP growth (%)||-8.1||4.8||1.7|
|Inflation (yearly average, %)||3.4||5.7||7.8|
|Budget balance (% GDP)||-2.9||-3.6||-3.6|
|Current account balance (% GDP)||2.5||-0.4||-1.0|
|Public debt (% GDP)||60.3||57.6||58.4|
(e): Estimate (f): Forecast
- Geographic proximity to the U.S. economy
- Membership of USMCA and many other agreements
- Substantial industrial base
- Prudent fiscal and monetary policies
- Free-floating exchange rate
- Adequate foreign exchange reserves
- Large population and relatively low labour cost
- High dependence on the U.S. economy
- Rising criminality linked to drug cartels and trafficking, high corruption level
- High income disparities widened by the crisis and lack of universal social protection
- Weaknesses in transport, health and education
- High informality in the economy (56%) and the job market
- Narrow tax base, with tax revenues representing 18% of GDP, depleted sovereign funds
- Oil sector and PEMEX undermined by years of underinvestment
Activity will decelerate in 2022
Partly due to the disappearance of the favourable base effect, Mexico´s growth momentum is expected to lose steam in 2022. In addition, GDP should still be roughly 2% below its pre-pandemic level by the end of the year. Activity should still be led by household consumption (66% of GDP), as remittances from expatriates (4% of GDP in 2021) remain strong - fuelled by a still heated U.S. job market – and as the local job market has gradually improved. These effects should prevail over the sticky high inflation (at 8.7% YoY in August 2022), made worse by the war in Ukraine. This conjecture, alongside the tightening monetary policy in the U.S., has led the central bank to calibrate its benchmark interest rates to the upside. Furthermore, exports (38% of GDP) should also expand, despite the growth deceleration in the U.S. The sound performance of foreign sales is underpinned by higher oil prices (crude oil accounts for 6% of total sales) and by the assumption of a gradual alleviation in global supply chain disruptions, which would notably benefit automotive exports (34% of total sales) that have suffered. Meanwhile, private investment is expected to underperform amid tightening global financing conditions and due to the government´s controversial policies. The latter includes the 2021 legislation that strengthens the role of state-owned power utility company CFE at the expense of private firms. Indeed, in July 2022, the U.S. and Canada requested, separately, consultations with Mexico under their USMCA trade deal over the latter’s energy policy. If an agreement is not reached, the demanding countries could request a resolution panel, which could prompt retaliatory tariffs.
External and fiscal deficits to remain benign
The current account deficit is not expected to vary significantly in 2022. The trade deficit (0.8% of GDP in 2021) should widen, since import growth will outpace the rise in exports, on the back of a higher energy trade deficit (1.9% of GDP). More specifically, Mexico is a net oil importer (fuel imports outweigh crude oil exports) and this imbalance will increase in 2022, as a side effect of the sharp rise in energy commodity prices. Conversely, the services account deficit (0.9% of GDP in 2021) should slightly narrow, driven by the travel surplus improvement (amid the lifting of COVID-19 related restrictions and the higher number of U.S. visitors), which should prevail over the higher freight costs. The primary and secondary balances should remain broadly stable. While the former account will keep a wide deficit (2.6% of GDP, notably due to profit and dividends repatriation by foreign firms), the latter surplus should remain robust thanks to remittances. On the financing side, net foreign direct investment (2.5% of GDP) should comfortably cover the external account shortfall. In addition, external debt (excluding FDI-related one) stood at 36.4% of GDP in March 2022 (15.1% of GDP for the part owed by the public sector). Overall, Mexico should keep its solid external position supported by foreign currency reserves of USD 203 billion (covering roughly 5 months of imports) and a preventive USD 50 billion Flexible Credit Line with the IMF (renewed for two years in November 2021).
Concerning the fiscal accounts, the government is expected to generally maintain fiscal discipline during the second half of its mandate. The nominal deficit will remain broadly stable in 2022. Oil revenues have registered an acute growth in 2022, driven by higher prices of the commodity (reaching 4.8% of GDP in the 12 months up to June 2022). Nonetheless, this windfall has been melted down by the suspension of gasoline excise tax to smooth fuel price increases. Furthermore, the 2022 budget includes spending on state-owned oil company Pemex (tax burden reduced from 54% to 40% and a capitalization worth roughly 0.2% of GDP) and President Obrador´s key infrastructure projects, including the Mayan Train and the Dos Bocas refinery.
Lack of legislative consensus undermines the chances of passage of constitutional amendments
The leftist President Andrés Manuel López Obrador, who took office in December 2018, has maintained a large popularity (approval rating stood at 67% in August 2022). This has occurred despite the challenging landscape faced, including the COVID-19 pandemic, the more recent sharp pick-up in inflation, and the recurrent drug cartel related violence. Moreover, his Morena party won four out of the six regional governments contested in June 2022 (bringing the total number of Morena governments to 19 out of 31). Still, the ruling government coalition has the highest representativeness in Congress, holding 277 seats in the Lower House (out 500) and 72 (out of 128) in the Senate. Nonetheless, this slight simple majority is not enough to pass Obrador´s key reforms, such as the nationalization of the energy sector and the electoral reform (both would require a two-third majority). Regarding the former matter, in April 2022, Congress voted down a major electricity reform, which would have tightened the state control over the power market. Nevertheless, in the same month, the Supreme Court upheld a law passed by lawmakers in 2021 that changed electricity dispatch rules to favour CFE over private producers. The electoral reform bill sent to Congress in April 2022 aims to create a new federal electoral authority to replace the National Electoral Institute (INE) and eliminate state electoral bodies. It also seeks to reduce the size of Congress and state legislatures, while establishing that electoral judges be elected by citizens. Finally, federal funding for political parties and general election spending would be narrowed. Nonetheless, the bill has little chance of reaching the needed support of the opposition lawmakers.
Last updated: September 2022
Debts are commonly paid in Mexico by cheques, wire transfers and – in some special cases – credit cards. Corporate payment processes are governed by companies’ internal policies. Most companies request supporting documentation from the other party before proceeding with a transaction (e.g. the company’s articles of incorporation, or its tax identification, known as the Registro Federal de Contribuyentes). The documents most frequently related to commercial transaction are invoices, promissory notes, and cheques. Promissory notes are unconditional promises, in writing, to pay a person a sum of money. In Mexico, this document is normally used as a guarantee of payment from the buyer. It is signed by the legal representative of the buyer – and hence, the debtor – for an amount which is superior to the total amount of the debt. Promissory notes and cheques also serve as certificates of indebtedness. Once buyers possess the relevant information, they can proceed to make payments by wire transfer or cheque, with both methods taking approximately ten to fifteen working days. Wire transfers are more common, as cheques can be post-dated, thus presenting the risk that buyers will issue cheques that they cannot finance.
In terms of debt collection, original invoices act as proof of the acceptance of the debt and the establishment of a commercial relationship between the parties. According to commercial and civil laws, the commercial agreement is sealed by two elements: an object (in this case the product or the service), and the price of the object as agreed by the parties. Even in the absence of a written agreement, an invoice provides both of these elements. Invoices are therefore the most effective form of proof in a lawsuit situation, as they show that the parties made a sale agreement and have a reciprocal obligation to pay the price agreed and to deliver the goods or provide the service.
In 2014, the Mexican Tax Authorities (Servicio de Administraci Servicio de Administración Tributaria) ruled that all invoices must be electronic, with an XML file. They must also be verified by the tax authority system in order to be validated. The tax authority also requests electronic confirmation when the creditor receives payment, along with a receipt in an XML file as legal confirmation. These new requirements entered into force in December 2017. The goal of these changes is to limit the amount of fraud cases and ghost companies, both of which are prevalent in Mexico.
Before entering into legal proceedings in Mexico, creditors normally attempt to contact their debtors via telephone. A written letter is sent to the debtor, in which the debtor is notified of the amount of the debt and the creditor’s intentions to negotiate payment terms, other steps include a visit to the debtor by a collection specialist. During this visit, the collection specialist will attempt to develop a more detailed perspective on the debtor’s situation. The specialist will endeavour to ascertain if the company is still in business and if it has assets (such as real estate, merchandise or other rights) that could be seized in the event of a legal process.
When creditors initiate collection actions with an amicable phase, it is common for debtor companies to disappear altogether. This means the discontinuation of commercial activities that could potentially enable the payment of sums due.
When entering into commercial export relationships, companies are advised to ensure that all documentation conforms to Mexican law. A lack of correct information and documentation opens exporters up to the possibility of fraud committed by Mexican companies and reduces the likelihood of successful debt recovery during the amicable phase.
The Medios Preparatorios a Juicio Ejecutivo Mercantil is a pre-legal process takes place when there is an invoice as a proof of the pending payment and of the commercial relationship. Creditors request that the judge obtains a citation from the debtor or its legal representative. He then obtains the confession and acceptance of debt from the debtor, as well as the pending payment. As the confession before the judge is an executive document, the creditor is then able to initiate the Summary Business Proceeding legal process. This pre-legal process takes approximately two or three months. There are subsequently three types of proceedings that can be initiated against debtors:
Summary Business Proceeding
This legal process takes place when there is a Certificate of Indebtedness (promissory notes, cheques or legal confessions before the judge by the debtor or its legal representative). The process begins with the phase of citation, when the creditor initiates the lawsuit by requesting that the debtor pays the total amount of the debt due. If the debtor does not have sufficient funds, the creditor can request that some of its assets be seized. These assets can include real estate, merchandise, bank accounts, industrial property rights and trademarks, to be used as a guarantee against the total amount of the debt. Once the assets are seized as a guarantee of the debt, the legal process continues until the judge renders his final resolution. Then, if there is no negotiation or payment, the creditor can initiate the auction of assets to recover the debt. This legal process takes approximately six to eighteen months, although this can vary from case to case.
Ordinary Business Proceeding
Ordinary Business Proceedings are the most time consuming procedure in Mexican commercial law. They can take place in the absence of a Certificate of Indebtedness, which means that the only proof of a commercial sale between the parties is the commercial agreement with invoices. In this type of process, assets can only be seized as a guarantee of the total amount of the debt when the judge has rendered his final sentence condemning the debtor to make payment. This legal process takes approximately one to two years.
Oral proceedings take place when the total amount of the debt does not exceed EUR 31,856.68. As with Ordinary Business Proceedings, assets can only be seized as a guarantee of the total amount of the debt when the judge has rendered his final judgment condemning the debtor to pay the amount due. This process takes approximately four to six months. On May 2, 2017, Mexican congress made a modification which ruled that all commercial disputes be processed through Oral Proceedings, with no limitations on amounts, with effect from January 25, 2018.
Enforcement of a legal decision
A judgment is enforceable as soon as it becomes final. If the debtor does not comply with the judgment, the creditor can request a mandatory enforcement order from the court, in the form of an attachment order, sale of specific assets, or liquidation of the company. This takes between six months to two years.
Foreign judgments can be enforced through exequatur proceedings. The court will verify that certain requirements are fulfilled, prior to recognising the foreign decision. The court establishes whether the foreign court had jurisdiction to decide on the issue and whether enforcing the decision will not conflict with Mexican law or public policy.
Out of court proceedings
With the approval of creditors holding 40% of the debt, debtors can constitute a “pre-packaged” reorganisation agreement. This enables the court to issue an insolvency declaration and declare the company in concurso mercantile.
Liquidation can only be requested by the debtor itself, but the debtor can be placed into liquidation as a result of its failure to submit an acceptable debt restructuration proposal to its creditors through the concurso mercantile proceedings. A liquidator is appointed and given the responsibility for managing the company, selling its assets and distributing the proceeds to the creditors according to their rank.