The resolutions of the board of trust protectors in the context of the Mexican private express trust

Abstract

Significant legal uncertainty exists around the validity of resolutions of the board of trust protectors of private express trusts in Mexican law due to its lacunary regulation. By comparing with Mexican corporate law, specifically with the Mexican sociedad anónima (corporation), the conditions for the validity of the board of trust protectors’ resolutions are resolved. The comparison is made with the regulations that apply to the board of directors’ resolutions and their duty or loyalty and care.