General Concepts

Civil Bond: “It is a contract whereby a person (surety) is committed with the creditor to pay on behalf of the debtor, if this does not pay.” Mexico City Civil Code Art. 2794.

Bond for Businesses: Accessory contract by which the Surety Company (Guarantor) is committed with the Beneficiary (creditor) to pay on the Principal’s behalf (debtor) the same amount in the event of he/she do not do it.

Bond’s Characteristics:

  • It is an accessory of a main contract. It cannot exist if there is no original obligation.
  • The guarantor may be obliged to less, but not more than the main debtor.
  • It would be enforceable until the main obligation is liquid.
  • The guarantor could object all of the exceptions attached to the main obligation including the reasons to release the financial guarantee.
  • The guarantor that pays is subrogated from the rights of the creditor with the debtor.
  • The guarantor’s obligation expires at the same time as the debtor’s.
  • Bonding Institution or Surety Institution (Guarantor): Also known as Surety Company, is a stock corporation authorized to organize and perform according to the Insurance Companies and Bonds Law, being their main object the granting of Bonds against payment. Forcing itself to pay to the Beneficiary (creditor) in the event of the Principals (Debtor) default.
  • Principal (Debtor): Natural or Legal Person that is committed with the Beneficiary to fulfill an obligation.
  • Beneficiary (Creditor): Natural or Legal Person or Authority in favor of whom the bail is granted, who demands its compliance, he/she is the creditor of the main obligation that is being granted.
  • Intermediary or Bond Agent: Natural or Legal Person authorized by the National Insurance and Bonding Commission (CNSF) to carry out bond contracting intermediary activities.
  • Joint Obligor: Natural or Legal Person who is obliged in solidarity with the Principal before the Surety Company, to fulfil the obligations.            

Nowadays in Mexico, the Insurance and Surety Companies Law (LISF) recognizes the following Bond Branches and Sub Branches:

Branch I. Fidelity Bonds

Guarantee the payment due to a property felony committed by the Employee against the Employer for any offence like theft, scam, breach of trust or embezzlement. They are classified under:

  • Individual
  • Collective

Branch II. Judicial Bonds

Guarantee the fulfilment of any persons’ duties and obligations within a legal proceeding or resulting from court decisions. They are classified under:

  • Criminal
  • Non-Criminal
  • Protecting motor vehicle drivers

Branch III. Administrative Bonds

Guarantee the fulfilment of the obligations between two parties through requests, contracts, agreements, purchase orders, etc... They are classified under:

  • Construction
  • Procurement
  • Fiscal
  • Leasing
  • Other Administrative Bonds

Branch IV. Credit Bonds

Guarantee the payment related to credit obligations for obtaining Goods or Services. They are classified under:

  • Supply
  • Trading
  • Other Credits
Bond cycle
  • The Bond expires at the same time as the main obligation.
  • With the fulfilment of the main obligation.
  • By its payment.
  • Due to causes for the bail direct extinction (expiration, prescription, compensation, deferrals or unsecured delays, agreements, confusions, novation…)

Essential requirements for the submission of a claim

Conditions that have to be met to apply the proper claim

  1. Existence of a main obligation.
  2. Existence of a Bond policy that guarantees the main obligation.
  3. Unfulfillment by the main debtor (Principal) towards the creditor (Beneficiary), regarding the guaranteed obligation (SuretySurety Company).

The Beneficiary of the Bonds Policy, Endorsements, or Additional Documents must submit its claim to LIBERTY FIANZAS S.A. DE C.V., (henceforthSuretySurety Company) in writing, signing the original at their offices address, branches and designated proxies, and must include at least the following information, in order for the Surety Company to have all the elements for setting its admissibility (complete or partial) or inadmissibility:

  1. Claim Date
  2. Bond policy number related to the received claim
  3. Bond issuing date
  4. Bond amount
  5. Guarantor’s name or designation
  6. Beneficiary’s name or designation and, if needed, their duly credited legal representative’s
  7. Beneficiary’s address to listen and receive notices
  8. Description of the guaranteed obligation
  9. Source contract reference (date, contract number, etc…)
  10. Detailed description of the guaranteed obligation unfulfillment which motivates the Claim submission with documentation as support for the declaration’s verifying, and
  11. Originally claimed amount as the amount in dispute, which would never be greater to the bond amount

The LISF, in the Sixth Title of the Proceedings, Second Chapter, stablishes the BONDS PROCEEDINGS, for the guaranteed obligations enforceability by the Surety Company, which are regulated as stated in the legal framework.

What is a "Carta Tildación"?

In accordance with Article 189 of the Ley de Instituciones de Seguros y de Fianzas, these are the certificates that Liberty Fianzas, S.A. de C.V., issues to mark the marginal affectations registered in the Registro Público de la Propiedad on real estate granted as guarantee derived from the granting of one or several surety policies.

When can the "Carta Tildación" be processed?

When the bonds granted are duly cancelled, without liability for Liberty Fianzas, as long as there are no debts owed by the surety, applicant, indemnitor and counter surety for premiums or any other concept derived from the contracting.

Who can apply for the "Carta Tildación"?

The intermediary broker, principal, obligee claimant, indemnitor and/or any person who proves a legal interest in the property.

What are the requirements for requesting a "Carta Tildación"?

  • Request addressed to Liberty Fianzas, which may be received electronically using the following email This email address is being protected from spambots. You need JavaScript enabled to view it. and/or physically;
  • Document certifying the cancellation of the bond;
  • Certificate of the real estate not older than twelve months;
  • Receipt and/or invoice that accredits payment.

In view of the contingency derived from the state of emergency caused by the Covid-19 disease, can I still carry out this procedure?

Yes, for the ratification of the “Cartas Tildación” due to the sanitary contingency, there are two processes to carry out this procedure:

  1. PUBLIC NOTARY

    According to the needs, there is the option of ratifying the Carta Tildación before the Public Notary 180 of Mexico City, Mr. Luis Eduardo Paredes Sanchez.

    The payment for the ratification with the Public Notary is $3,800.00 mas I.V.A (by Spanish acronym), amount that must be deposited to the following account:

    NOTARIO PÚBLICO 180 DEL DISTRITO FEDERAL, S.C.
    BANK: BANORTE
    ACCOUNT: 0400776879
    CLABE: 072180004007768794

  2. COMISIÓN NACIONAL DE SEGUROS Y FIANZAS

    The process is carried out considering the change of epidemiological indicator published by the corresponding authorities in Mexico City.

    The payment for elaboration is $1,500.00 mas I.V.A (by spanish acronym), amount that must be deposited in the following accounts:

    BANK CLABE ACCOUNT RECEIVES SPEI/TEF AGREEMENT/No.SERVICE
    SANTANDER 014180655022456171 SPEI 1335
    BANORTE 072180005580059479 SPEI 64700
    BBVA 012914002014195012 SPEI CIE01419501
LFIF LISF  
Article Article  
93 279 Claims submitted directly to the Surety Company
94 280 Claims submitted through legal channels (Bonds Special Trial)
94 bis 281 Incident for the guarantee collection before the Legal Authority
95 282 Payment request for the Bonds issued in favor of the Federation, Mexico City, the States and Municipalities
95 bis 283 Late interests and compensations

The grievance procedure for the CONDUSEF is regulated in articles 63, 64, 65, 66, 67, 68, 68 bis, 68 bis 1 of the LPDUSF.

  1. LISF- Insurance Companies and Bonds Law.
  2. LFIF- Federal Act on Guarantee Institutions.
  3. LPDUSF – Protection and Defense of Financial Services Users Law.
  4. CONDUSEF- National Commission for the Protection and Defense of Financial Services Users.
  5. PRINCIPAL - Natural or Legal Person that is committed with the Beneficiary to fulfill an obligation.
  6. BENEFICIARY - Natural or Legal Person or Authority in favor of whom the bail is granted, who demands its compliance, he/she is the creditor of the main obligation that is being granted.
  7. SURETY INSTITUTION – Institution authorized by the Federal Government to grant Bonds against payment
Banner
Liberty Fianzas

Liberty Fianzas is the premier option for your gasoline supply bond needs.

Liberty Fianzas

Liberty Fianzas offers a customized service provided by a team of Surety Experts for your needs.

Liberty Fianzas

Liberty Fianzas has the capacity to issue large bonds with the backing of Liberty Mutual Group.