Functions and Responsibilities of the Commissioner in a Mexican Commercial Company

Introduction

In the context of Mexican companies and commercial companies, the figure of the commissioner plays a fundamental role in supervising and controlling the financial and legal management of the entity. Its role is essential to ensure transparency and compliance with society's legal and fiscal obligations. In this article, we will explore in detail the roles and responsibilities of a commissioner in a Mexican commercial company.

Commissioner's Definition and Requirements

The commissioner is a regulated figure under article 164 to 171 of the General Law on Mercantile Companies. To hold the position of commissioner, certain requirements must be met, such as being a Mexican citizen, having full legal capacity and not having been convicted of serious crimes.

Main Duties of the Commissioner

1. Surveillance and oversight: The commissioner is responsible for supervising and supervising the management of the company's directors. This includes reviewing financial statements, accounting, and other records to ensure that they are kept in order and in compliance with applicable laws and regulations.

2. Report to the General Assembly: The commissioner must submit regular reports to the general meeting of shareholders, detailing his observations and recommendations in relation to the company's financial and accounting operations.

3. Internal control: Contribute to the establishment and maintenance of adequate internal control in the company, identifying areas of risk and proposing improvements.

4. Verification of legality: The commissioner must verify that the decisions and actions of the company are in accordance with the law and corporate statutes. In addition, you must ensure that tax and labor obligations are met.

5. Accountability: The commissioner also plays an important role in accountability, since he may be called upon to testify before regulatory or judicial authorities in the event of irregularities or disputes in society.

Legal Responsibilities

The commissioner is a key figure in the legal responsibility of society. You must act with honesty, diligence and loyalty in the performance of your duties, and you are subject to civil and criminal liability in case of negligence or complicity in the company's illegal activities.

Conclusion

The commissioner in a Mexican commercial corporation plays a critical role in supervising and controlling the entity's financial and legal management. Its functions and responsibilities guarantee transparency, legality and compliance with the company's obligations, contributing to its proper functioning and to the trust of shareholders, partners and authorities. It is essential that companies choose qualified and ethical people to fill this position, thus ensuring adequate corporate governance.

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