Understanding Electronic Signature Legality for Investment Contract in Mexico

How to eSign a document: electronic signature legality for Investment Contract in Mexico

Throughout history, nations have risen and fallen,   but few have reached the pinnacle of power that  the United States achieved in the 20th century.  With an economy that outstripped all rivals  and a military might that stood unchallenged,   the United States emerged from World War  II as the undisputed global superpower.  The collapse of the Soviet Union in 1991 only  cemented America's dominance. While rising powers   like China and India have made strides, they still  trail far behind the United States, particularly   in the military realm, where the US accounts  for nearly 40% of global military spending.  While the balance of power continues to  shift thanks to technological advancements,   such as the growth of the internet and the rise  of artificial intelligence, the fundamental   drivers of power - economic, military, and  political - remain firmly in America's grasp.  But just as the 20th century was defined  by the emergence of the United States,   the 21st century offers the same opportunity to  others. And there’s one country that is perfectly   positioned to begin its own meteoric rise to the  top of the world stage. And it just so happens   to share a border with the United States. That’s right, today we’re going to look   at how Mexico can, and perhaps even  will, overtake the United States.  Mexico doesn’t often appear on the lists of the  world’s superpowers, but despite its complex   origin marked by struggles, conflicts, and periods  of political turmoil, has emerged as a notable   so-called “middle power” on the global stage. Mexico has undergone significant changes and   transformations since gaining independence from  Spain in 1821. The country has experienced periods   of political instability, economic growth  and decline, and social and cultural change.  In the early years after independence, Mexico  struggled to establish a stable political or   economic system. On multiple occasions  Mexico defaulted on foreign debt and   experienced erratic governance by a series of  military dictators and authoritarian factions.  To make matters worse, in 1846 the United States  declared war on Mexico, where Mexico ultimately   lost the territory of modern California,  Arizona, New Mexico, Nevada, Utah, and   parts of Colorado, Wyoming, Kansas, and Oklahoma. Such instability hindered Mexico's international   engagement. Although it forged diplomatic ties  with influential nations such as France, Britain,   the United States, and Spain, Mexico  remained relatively isolated and   underdeveloped until the late 19th century. Under the rule of Porfirio Diaz, however,   Mexico began to develop. Diaz has a complicated  history and reputation, with some likening him   more to a dictator than an elected leader. He  took power in 1876 and would stay in office   for 31 years. Compare that to the United States  longest serving president, Franklin Roosevelt,   who was elected to serve four terms and spent over  12 years in office. Interestingly both leaders'   long tenure led their countries to adopting  rules that term limited future presidents to   ensure no one could ever serve that long again. Regardless of how future historians would look at   Diaz, it can’t be argued that under his rule,  Mexico began to rapidly develop. Diaz's era   saw the modernization of infrastructure, with an  economic growth rate averaging 3% annually. This   growth was remarkable for the time and was on  par with some industrializing European nations.  By the early 1900s, Mexico had experienced  substantial economic growth, driven by investments   in infrastructure and natural resources, such as  oil. However, this prosperity was overshadowed by   political corruption and authoritarian rule,  leading to widespread inequality and unrest.  In 1910, those tensions reached a boiling  point and the Mexican Revolution began,   leading to the ousting of Diaz and in 1911  he was finally forced to resign from office.  In the post-revolutionary period, Mexico took  deliberate strides towards democratization and   enacted policies that were meant to improve  the lives of its citizens. This culminated in   President Lázaro Cárdenas’ decision to nationalize  the oil industry in 1938, which included the   seizure of US, British, and Dutch property. This  resulted in international boycotts of Mexican oil   products and other hostile trade policies in  the years leading up to the Second World War.  But once the war broke out, Mexico's  alignment with the Allied cause and   subsequent settlements with the foreign oil  firms brought it back into good standing   with much of the international community. In the years following the Second World War,   Mexico continued to struggle  politically and economically.  The 1960s and 1970s, however, saw the emergence  of social and political movements that challenged   government abuse and demanded greater political  freedoms. During this period, Mexico's GDP growth   fluctuated around 3-4%, a rate comparable to  the United States' growth of around 3.5-4.5%   in the same period, but failed to translate  into broad-based social progress in Mexico.  By 1976, foreign debt levels had soared to  unsustainable heights, leading to a financial   crisis that compelled the government to adopt  austerity measures and seek intervention from   international bodies, including the International  Monetary Fund. This situation led to the Peso's   devaluation and the privatization of  previously nationalized industries.  In subsequent years, the government launched an  ambitious series of reforms aimed at controlling   inflation, which had peaked at over 158% in  1987, and enticing foreign investment. This   included initiatives such as the establishment  of the Mexican Stock Exchange and adherence   to the General Agreement on Tariffs and Trade. This strategy of foreign economic integration and   cooperation culminated in 1994 with the signing  of the North American Free Trade Agreement (NAFTA)   with the United States and Canada, which created  a free trade zone between the three countries.  While these reforms supported Mexico’s  recovery from its debt and economic crisis   and spurred economic growth, they also led  to significant political disillusionment and   unrest among the country’s poor. But while the 20th century,   which included periods of growth, repression,  unrest, and inequality, made Mexico the country   it is today, the 21st century marked its  true arrival on the international stage.  Since 2000, Mexican society has experienced a  mix of progress and challenges. Mexico has made   significant strides in reducing poverty rates,  improving access to education and healthcare,   and expanding social programs. However, the  country still faces significant challenges   related to inequality, crime, and discrimination. Despite some progress in reducing poverty rates   which decreased from 44.4% in 2010 to 41.9% in  2018, the country still has one of the highest   levels of income inequality in the world. In  fact, its Gini coefficient, a measure of income   inequality, stood at 0.48 in 2018, significantly  higher than the OECD average of 0.32. ing   to the World Bank, in the same year, the top 10%  of the population in Mexico accounted for over 42%   of the country's total income, while the bottom  40% accounted for less than 10%. In contrast,   in the United States, the top 10% accounted  for around 30% of the country's income,   and in Norway, the top 10% accounts  for 27.5% of the country's income.  Crime is another major social challenge in  today’s Mexico. The country has one of the highest   homicide rates in the world, with a staggering  25 homicides per 100,000 inhabitants in 2022,   compared to the global average of around 6.2.  Drug-related violence and organized crime are   significant factors in this alarming  figure. For example, in 2019, nearly   35% of homicides were linked to gang violence. Kidnappings have also risen in recent years,   reaching a peak of 1,323 reported cases in 2019.  Although that number has gone down substantially   in 2022 to 506 reported cases, these statistics  still underline the complexity and persistence   of the crime problem in Mexico, and the  ongoing struggle to find effective solutions.  Discrimination is also a significant  social issue in Mexico. Indigenous   people and Afro-Mexicans continue to  face discrimination and marginalization,   particularly in terms of access to education,  healthcare, and employment opportunities. Mexican   women and members of the LGBTQ+ community also  face significant discrimination and violence.  In 2000, Mexico experienced a significant  shift in political power with the election   of Vicente Fox of the National Action Party.  Fox's election marked the first time in over   70 years that the Institutional Revolutionary  Party was not in power. Fox's administration   emphasized the need for democratic reforms  and increased government transparency.  Successive administrations under  Felipe Calderon, Peña Nieto,   Andres Manuel Lopez Obrador and now Claudia  Sheinbaum, have articulated diverse priorities,   from democratic reforms and transparency to  economic liberalization and social equity.  But in recent years, Mexico's political  landscape has been marked by tensions   between the federal government and state  governments, particularly those led by   opposition parties. On top of that, Mexico  has seen a rise in political violence,   including the assassination of politicians  and candidates during election seasons.  But during all of this political change,  Mexico's economy has continued to evolve.   Its proactive engagement in regional and global  trade agreements, including NAFTA as well as over   40 other trade pacts, has led to an increase in  trade, foreign investment, and economic growth. Another factor contributing to Mexico's economic  success is its strategic location. As a gateway   between North and South America, Mexico has access  to major markets and transportation networks,   making it an attractive destination for  trade and investment. The country has   leveraged this geographic advantage to  develop an internationally competitive   manufacturing sector, in industries such  as automobiles, electronics, and aerospace.  So while Mexico has faced many,  many challenges during its history,   its growing prosperity and influence are an  early indication of its future prosperity.  Now, let’s look at the ways Mexico is poised to  climb the global ladder, and why you might be   referring to it in the same breath as the United  States, China, and Germany in the near future.  The first big reason Mexico is set to  rise has little to do with Mexico at   all though, it has to do with its competitors. You see, many of Mexico’s competitors are   currently facing challenges  due to economic instability,   political uncertainty, and war. Among them are  Brazil, Argentina, South Africa, and Russia.  Brazil, a major competitor for foreign investment  and trade, has faced significant political unrest   following the election of Luiz Inacio Lula da  Silva in October 2022. Lula, who was convicted   of corruption in 2017 but saw those charges  annulled in 2021, subsequently defeated incumbent   Jair Bolsonaro. In the wake of the election,  Lula has been met with significant criticism,   claims of election fraud, and rumblings of  military or public uprisings. This uncertainty   is to the benefit of Mexico which, despite its own  issues, remains relatively stable and therefore   attractive to foreign investors and businesses. Meanwhile Argentina, whose wheat output and   manufacturing sectors are long-time  competitors with those of Mexico,   has faced a series of challenges that have  hindered its development in recent years,   the biggest of which has been a prolonged economic  crisis, characterized by high inflation, currency   devaluation, and debt default. All of which  have been exacerbated by political instability,   corruption, and a lack of effective governance. The COVID-19 pandemic has also had a significant   impact on Argentina, exacerbating existing  economic and social problems and leading   to a decline in foreign investment and tourism. All of these factors combined, present Mexico with   an opportunity to fill the void left by Argentina  in key agricultural and manufacturing sectors.  From Argentina we now turn to South Africa. South Africa, a world-leading exporter of   commodities, continues to struggle with  economic inequality, racial unrest,   and low growth. These issues have only been  exacerbated by the economic stagnation brought   on by COVID and the publicity of government  corruption at the highest level – most notably,   the corruption scandal and subsequent resignation  of former president Jacob Zuma, which led   to widespread protests throughout the country. This unrest and uncertainty can play into Mexico’s   hands, allowing Mexican commodity exporters to  win over concerned importers who have previously   done business with South African firms. Lastly, we turn to one of Mexico’s   major oil and gas competitors, Russia. Russia’s oil and gas output historically   dwarfs that of Mexico, but it has recently  taken steps to its own detriment, creating an   opportunity for the Mexican oil and gas industry. With its invasion of Ukraine in Spring 2022,   Russia has become – at the very least – a  controversial state to do business with.   In the immediate aftermath of the invasion,  sanctions by the United States, European Union,   and others have resulted in reduced oil revenues,  the departure of more than 1,000 multinational   corporations, significant flight of educated  youth, and an economic contraction of 2-3%.  With the conflict likely to continue in the  coming years, Mexico is presented with an   excellent opportunity to take advantage by  addressing global demand for fossil fuels.  In contrast to these countries, Mexico is  in a relatively better position to succeed.   Despite being hit by the pandemic, Mexico's  economy has been showing signs of resilience,   with its GDP growing 3.1% in 2022. It has a diverse economy that is not   heavily dependent on any one sector. Its economy  is driven by industries such as manufacturing,   tourism, and services, which are expected  to continue growing in the coming years.  Furthermore, Mexico has a young and  growing population that is increasingly   educated and skilled. This provides  the country with a strong workforce   that can contribute to the growth of the economy. These factors mean that Mexico is well-positioned   to succeed in the current global economic  conditions. While other large economies   may be struggling, Mexico's resilience and  potential for growth make it an attractive   destination for foreign investment and a  potential leader in the global economy.  Another of Mexico’s huge advantages  has nothing to do with its economy,   but is an inherent advantage built into the  very land of the country itself - its geography.  Mexico is located in a strategic position, sharing  borders with the United States to the north and   several Central American countries to the south.  This geographic location makes it a key player in   trade between the Americas, with easy access to  both the Pacific and Atlantic Oceans. In fact,   Mexico's total trade with the United  States reached over $790 billion in 2023,   making it the U.S.'s biggest trading  partner, outpacing both Canada & China.  This strategic location has already  helped Mexico develop into one of the   largest manufacturing hubs in the world,  outpacing countries like Brazil and India.  Mexico also has a diverse and rich landscape, with  many unique ecological regions that are ideal for   tourism and agriculture. For instance, Mexico  is home to stunning beaches, tropical forests,   arid deserts, and snow-capped mountains. In 2019,  it attracted over 45 million tourists, ranking   7th globally in international tourist arrivals. Another advantage comes from Mexico’s coastlines,   which span more than 9,300 kilometers,  making it an ideal location for shipping,   fishing, and tourism. In comparison, Brazil's  coastline is approximately 7,491 kilometers long. Mexico has several major ports, including  Veracruz, Manzanillo, and Lazaro Cardenas,   which facilitate trade with other countries.  Moreover, Mexico's beaches and coastal towns   attract millions of tourists every year, providing  a significant source of revenue for the country.  Mexico is also rich in natural  resources, including oil, gas,   silver, and other minerals. In the mining sector,  Mexico is the world's largest producer of silver,   contributing 23% of global output. These  resources provide Mexico with significant   economic potential, with opportunities for energy  production, mining, and other industries. These   industries are supported by its location, easily  being shipped to trade partners across the globe.  And there’s something else lurking under  Mexico’s soil that gives it a huge foot up on   many other countries - its huge energy resources. Mexico is a major producer and exporter of oil and   gas, with significant reserves of both fossil  fuels. ing to the US Energy Information   Administration, Mexico had proven oil reserves  of 7.3 billion barrels as of January 2022,   which ranks it as the 18th largest oil reserve  holder in the world. In addition, Mexico has   significant shale gas reserves, estimated at over  600 trillion cubic feet, which could help fuel the   country's economic growth and development. First and foremost, the energy sector is a   major contributor to Mexico's GDP, accounting for  over 6% of the country's total economic output.   As an important player in the global energy  market, Mexico can use its energy reserves   to generate significant foreign exchange  earnings that can help fuel economic growth.  Mexico's energy reserves can also help the  country become more energy-independent,   reducing its reliance on foreign  oil and gas imports. This can help   stabilize the country's energy  supply and reduce its exposure   to fluctuations in global energy prices  that hit other countries much harder.  Additionally, Mexico's energy reserves can help  drive the development of other industries in   the country. For example, the petrochemical  industry can benefit from the availability of   raw materials such as natural gas, which can  be used as feedstock to produce chemicals,   plastics, and other products. And while it might sound strange,   Mexico's energy reserves can actually be a key  driver of innovation and technological advancement   in green energy. Mexico has the opportunity to  invest the revenue from oil and gas revenues into   the development of renewable energy sources, such  as wind and solar power, which can help reduce   the country's carbon footprint and contribute  to global efforts to combat climate change.  By strategically managing its energy resources and  investing in renewable energy sources, Mexico can   harness the potential of its energy reserves to  ensure stability in the short term and promote   diversification and development in the long term. But oil and natural gas aren’t the only things   coming out of Mexico’s ground that give it a  huge advantage. It also has one of the most   diverse agricultural sectors in the world, with  a wide range of crops and livestock produced   throughout the country. ing to data from  the World Bank, the agricultural sector accounted   for 3.7% of Mexico's GDP in 2020 and employs  approximately 13% of the country's population. Additionally, Mexico is the world's  12th largest agricultural exporter,   with exports of agricultural products totaling  $37.5 billion in 2019, ing to the UN   Food and Agriculture Organization. It’s the world's largest producer of   avocados and limes, and is a major producer of  other fruits and vegetables such as tomatoes,   strawberries, and mangoes. Mexico is  also a significant producer of livestock,   with a large beef and dairy industry, as well as  poultry and pork production. This diversity of   output is advantageous for a couple reasons. First, just like with oil, it makes Mexico   less vulnerable to supply and demand shocks. For  countries who focus on a single crop or a select   few crops, a sudden blight or natural disaster can  cripple their economy. While other countries may   import significant amounts of various crops and  food products, Mexico can largely sustain itself.  Then there’s the increase the agricultural  industry brings to Mexico’s trade partner base,   allowing it to benefit politically  and economically from further   integration into the global economy. And all of these natural benefits are   enhanced by one of Mexico’s true secret  weapons - which are all the advantageous   trade deals it's making with other states. Trade agreements and conditions play a   crucial role in setting any country  up for success in the global economy,   and Mexico has a well-established network of trade  agreements with more than 40 countries which have   increased Mexico's access to foreign markets,  creating opportunities for Mexican businesses   to export their products and services. Trade agreements like NAFTA have been   particularly important, as it has facilitated  trade between Mexico, the United States,   and Canada. Additionally, Mexico has signed  several other free trade agreements with countries   in Latin America, Europe, and Asia, further  expanding its access to international markets.  These trade agreements have played a significant  role in attracting foreign investment to Mexico,   with data showing that foreign direct investment,  or FDI, inflows to the country have increased   since the implementation of such agreements.  ing to the United Nations Conference   on Trade and Development, Mexico's FDI inflows  reached $29 billion in 2020, making it the fourth   largest recipient of FDI in Latin America. By providing a stable and predictable trade   environment, trade agreements have helped to  reduce the risk and uncertainty associated with   foreign investment. As a result, many foreign  companies have chosen to invest in Mexico,   particularly in manufacturing and  other export-oriented industries. All of these innovations and advantages  have led to something Mexico hasn’t   really seen before - a dynamic middle class. Mexico's middle class has been growing steadily   in recent years, The Organization for Economic  Cooperation and Development (OECD) also reports   that Mexico's middle class grew by 12 percentage  points between 2008 and 2018, reaching a total of   42.7% of the population. In addition, the World  Bank notes that Mexico has seen a decline in   poverty rates in recent years, with the poverty  rate falling from 41.9% in 2008 to 36.1% in 2018.  This growing middle class will drive consumer  spending, which is a key driver of economic   growth. As more Mexicans join the middle class,  they are likely to have more disposable income,   which they can spend on a range of  goods and services. This can create   opportunities for businesses in sectors such  as retail, entertainment, and hospitality.  A larger middle class can also help to promote  innovation and entrepreneurship. In a time when   the Middle-class in other countries are shrinking,  a growing number of Mexicans are now going to   have greater access to education and training,  which can help them to develop new skills and   start their own businesses. This can create new  opportunities for employment and economic growth,   while also driving innovation and  competitiveness in the economy.  But perhaps Mexico’s biggest advantage in the  coming years won’t be one of its own strengths,   or the decline of a similarly sized country. No,  it might be due to the fall of a giant… China.  As China's manufacturing costs continue to  rise and concerns over corporate espionage,   anti-competitive practices, and the  treatment of Uighurs persist, many   companies are already looking to, or currently  are, moving operations to alternative markets.  Mexico's proximity to the United States,  combined with its relatively low labor costs,   could make it an attractive option for  companies looking to relocate their   manufacturing operations. This could lead to  increased foreign investment in Mexico and the   creation of new jobs in the manufacturing sector. China's decline could lead to a shift in global   trade patterns, as other countries seek to  fill the void left by China. Mexico could   benefit from this shift if it is able to  increase its exports to other countries,   particularly in the Americas. Mexico has already  signed a number of free trade agreements with   countries in the region, which could help  to facilitate this shift in trade patterns.  Its decline could also lead to a  decrease in geopolitical tensions,   particularly in the Asia-Pacific region.  This could have a positive impact on global   trade and economic growth, which could benefit  Mexico and other countries around the world.  While it is too soon to determine China’s fate,   it is clear that its decline could  benefit Mexico in a number of ways. While all of these factors have the potential  to propel Mexico to the top of the economic   and geopolitical food chain, Mexico’s continued  growth and future prosperity are not assured.  We must consider the risks to Mexico’s  rise that threaten to cement its position   as a middle power. Let’s consider some risks: The first that comes to mind is the prevalence   of drug cartels and organized crime in Mexico. Mexican government estimates indicate that there   are between 200,000 and 500,000 people involved  in organized crime in the country, putting the   country’s future at risk in a number of ways. Nothing stunts development more than violence.  The various cartels currently operating in  Mexico are regularly involved in violent   conflicts with each other and with government  forces, leading to a high level of violence and   insecurity in many parts of the country.  In 2018 alone there were more than 36,000   recorded homicides in Mexico; this doesn’t  even consider non-lethal acts of violence!  Another problem exacerbated by organized  crime is corruption. The cartels routinely   use their considerable wealth and  power to corrupt government officials,   police, and other institutions. The cartels also have a significant   impact on the social fabric of Mexico, often  operating in marginalized communities. This   strategy exploits the poverty experienced in  these communities, as they recruit new members   through coercion and imbed cartel operations in  local businesses and community organizations.   These operations contribute to persistent  social inequality, violence, substance abuse,   and reduced social cohesion which have knock  on effects throughout the economy and beyond.  Another cause for concern is the perceived  attempts to undermine democratic institutions   by Mexico’s current president. Mexican President Andres Manuel Lopez   Obrador has come under scrutiny from some  observers who believe that his actions and   policies have threatened Mexican democracy. One major concern is that Lopez Obrador has   centralized power in the presidency,  reducing the power of other government   institutions and weakening checks and balances. Furthermore, Lopez Obrador has made statements   criticizing the judiciary and seeking to reduce  its independence. This can weaken the rule of   law and undermine confidence in the judiciary's  ability to provide fair and impartial judgments.  There are also concerns that Lopez Obrador's  polarizing rhetoric and actions are creating   a more divided political environment. This  can make it more difficult to find consensus   on policy issues and can undermine trust in  democratic institutions. However, some argue   his attack on the judiciary is not an attempt to  consolidate power, but instead reform a judiciary   plagued with corruption. The recent election  of Claudia Sheinbaum as Mexico’s new president   supports the notion that many Mexicans approve of  Obrador’s methods, as she ran on a platform that   looked to continue many of his policies. Moving forward, it is important for all   stakeholders in Mexican democracy to  work together to find solutions to these   challenges. This includes government officials,  civil society groups, opposition parties,   and ordinary citizens. By finding ways  to address these concerns while upholding   democratic principles, Mexico can continue to  build a strong and prosperous democracy that   serves the needs of all its citizens And while we have already looked at   Mexico’s opportunity to overtake competing  nations struggling economically, socially,   or politically. It goes without saying that  Mexico is also vulnerable to the same issues,   and that opportunities may arise for other  nations to benefit from Mexico’s failures.  Mexico faces competition from several other  countries that could threaten its economic   growth and development. The recent detente  between the US and Venezuela, for instance,   has the potential to threaten Mexico's fossil  fuel industry. Venezuela, as one of the largest   oil-producing countries in the world, has vast  reserves of crude oil and natural gas. However,   political instability and economic  mismanagement have caused Venezuela's   oil production to decline in recent years. If Venezuela were to overcome – at least   in part – its current economic crisis  and political image, it represents a   significant threat to Mexico’s oil and gas sector. Another competitor that poses a significant threat   to Mexico is China. China's manufacturing industry  has become a global powerhouse in recent years,   producing a wide range of goods at a low cost  and making it a major player in global trade.   This increased competition from China could  potentially result in a loss of market share   and decreased economic growth for Mexico,  particularly in sectors such as textiles,   electronics, and auto parts. Like Venezuela, China’s threat   to Mexico is reliant on its ability to  traverse its current economic issues   and its success in rehabilitating its image  in the eyes of the international community.  And then of course there’s Canada, the US's  second-largest trading partner. While Canada   and Mexico have a strong economic relationship  with the US, they are in competition for   access to the US market, which is a crucial  source of demand for both countries' exports.  Canada has a highly developed technology  sector and is a major producer of natural   resources such as oil and gas, while Mexico  has a strong manufacturing sector and is a   major producer of automobiles and auto parts. While Canada and Mexico have thus far resolved   trade disputes amicably and settled on their  own pieces of the American import demand pie,   instability in Mexico or improved efficiency  in Canada could upend the current equilibrium,   propelling Canada past Mexico in the  international political and economic order.  While the likelihood of all these  scenarios coming about is low, Mexico   is still vulnerable. If one of these rival powers  – let alone multiple – are capable of overcoming   their own issues, it could spell significant  trouble for Mexico’s bid as a world power. So while Mexico has enormous potential to become  a global economic and political powerhouse,   thanks to its large and dynamic  workforce, abundant natural resources,   and a strategic location at the  crossroads of North and South America,   to fully realize this potential,  it must address many challenges.  Other powers – both emerging and  declining – remain in contention   for economic and political power, and  Mexico must meet this competition head on.  Additionally, Mexico must address its underlying  issues with crime, corruption, and inequality.   This will require significant efforts to  strengthen the rule of law, combat corruption,   and promote greater economic and social inclusion. If successful, these efforts could help Mexico to   achieve sustained economic growth  and greater political influence,   and there’s no telling what Mexico might achieve  and where its economic and political ceiling is.  It might even emerge as a true rival to  the United States on the world stage.