At the federal level, the sale of non-deeded timeshares in Mexico (or “servicio de tiempo compartido”) are primarily governed under a set of administrative regulations titled “Norma Oficial Mexicana NOM-029-SCFI-1998” (“NOM”). These rules, first adopted in 1999, have been undergoing a legally mandated updating process since 2007.
While widely reported that an amended NOM is already in effect, effectuation has in fact been suspended until October 14, 2010. Moreover, some new and significant provisions were added to the draft initially circulated on May 17, 2010. As a consequence, the Ministry of the Economy has opened a second comment period that expires on September 27, 2010. Drafts of the Norma Oficial Mexicana NOM-029-SCFI-2010 (“Proposed NOM”) and its approved and proposed amendments can be reviewed at the following websites:
Original Proposal: http://dof.gob.mx/nota_detalle.php?codigo=5142965&fecha=17/05/2010May 17 Version: http://dof.gob.mx/nota_detalle.php?codigo=5151924&fecha=15/07/2010Current Review Version: http://dof.gob.mx/nota_detalle.php?codigo=5153589&fecha=29/07/2010
If it becomes effective in its current form, the Proposed NOM differs in some substantial ways from its predecessor:
The scope of the changes presented by the Proposed NOM raises several issues that are worthy of consideration. Issues of particular concern may include the following:
The comment process implemented by the committee charged with updating the NOM appears to be effective. For example, Baker Hostetler and Enriquez, Gonzalez, Aguirre y Ochoa, S.C. submitted joint comments in 2008 related to what we believed to be a practically unworkable timeshare plan termination process. Subsequent drafts of the Proposed NOM were revised to reflect our concerns.
If you are interested in submitting your own comments to the Proposed NOM, please note that the current comment period expires on September 27, 2010. Comments must be made in Spanish and can be submitted by either regular mail, fax or email as follows:
Comité Consultivo Nacional de Normalización de Seguridad al UsuarioInformación Comercial y Prácticas de ComercioAvenida Puente de Tecamachalco #6Colonia Lomas de TecamachalcoSección FuentesNaucalpan de Juárez53950, Estado de México
Facsimile: 55 20 97 15
If you have questions about the Proposed NOM or how it may impact your business, please contact David Waller (
Subscribe to Baker Hostetler’s Hospitality News
 Proposed NOM, §§188.8.131.52 & 184.108.40.206. Proposed NOM, §5.5.19. Proposed NOM, §§220.127.116.11, 18.104.22.168 & 5.6.3. Proposed NOM, §5.5.14. Proposed NOM, §9. Proposed NOM, §4.6. Note deletion of §§3.7 & 8 of the NOM. Proposed NOM, §5.1.1. Compare §12 of the NOM to Proposed NOM, §9.
Baker & Hostetler LLP publications are intended to inform our clients and other friends of the Firm about current legal developments of general interest. They should not be construed as legal advice, and readers should not act upon the information contained in these publications without professional counsel. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you written information about our qualifications and experience. © 2010 Baker & Hostetler LLP