Legal Services Mexico

Corporate.

• Management, updating and custody of corporate books;
• Legal advice on foreign investment, negotiation and incorporation of commercial companies;
• Opening of branches and subsidiaries, representative offices and permanent establishments;
• Preparation of bylaws of commercial and civil entities;
• Minutes of the shareholders' meeting and board meetings approval of results of fiscal years, amendments to corporate bylaws, mergers and divisions, consolidation, acquisition, restructuring and granting of powers;
• Processing before notaries and public brokers for the formalization of operations, protocol of minutes, ratification of signatures, certification of documents and preparation of deeds;
• Procedures for dissolution, liquidation, division and restructuring of companies;
• Management and updating of company records and articles of incorporation;
• Preparation of contract projects and operations planning;
• Advice, negotiation and preparation of contracts for the purchase and sale of shares, equities, assets, co-investment contracts (Joint Venture) and agreements related to changes in shareholder control;
• Legal audits (due diligence) for the acquisition of companies;
• Preparation and advice of agreements between shareholders;

Fiscal.

• Planning, negotiation and tax advice;
• Advice on bilateral tax treaties regarding Income Tax, Asset Tax and Value Added Tax;
• Advice on how to proceed in case of audits and / or fiscal reviews, and on the handling of an audit in process;
• Franchise taxes; royalties on trademark exploitation, patents and technical assistance;
• Import tariffs, exports and incentive programs, among others.
• Organization of new businesses;
• Mergers, splits or acquisitions;
• Commercial competitions;
• Corporate reorganizations;
• Home visits;
• Business transfers;
• Legal audits;
• Compensation packages for employees;
• Tax implications in licensing;
• Reviews and visits of the customs authorities;
• Counseling and representation in the procedure before the customs authorities and litigation against the fined credits;
• Tax and administrative litigation;
• Tax consulting on reviews and home visits by SHCP and other administrative authorities.

Labor Service and Social Security.

• Labor and social security audits for start-up companies, purchase-sales, employer substitutions, to detect areas of opportunity within a company, among others.
• Drafting, negotiation and conclusion of individual employment contracts for operational personnel, senior executives, expatriates, professional services, collective labor contracts, among others.
• Drafting, negotiation and conclusion of contracts for the provision of services with outsourcing companies.
• Provide all types of legal labor advice related to the daily activities of the company, as well as in sales, mergers, employer substitutions, employment services, calculation, payment of legal benefits, expatriates working in Mexico and vice versa.
• Preparation and implementation of incentive plans, sales commissions, employee bonuses, benefits, confidentiality agreements, non-competition, Human Resources policies and procedures in accordance with Mexican law.
• Teaching seminars with current topics and of interest to the client in order to train Human Resources personnel.
• Planning, coordination and execution of labor strategies.
• Analysis of benefits granted to companies, in order to determine whether they should be members of the base contribution salary.
• Review of the risk class of the companies and of the determination of the premium in the work risk insurance corresponding to their preponderant activity.
• Attention to citations.
• Planning of strategies and representation of our clients in all types of individual and collective judgments.
• Attention of labor lawsuits throughout the Mexican Republic.
• Processing and substantiation of litigation against resolutions, collections or acts of the IMSS, INFONAVIT or other administrative authorities, in all its instances: Clarification, Nonconformity, Nullity Trial before the Federal Court of Fiscal and Administrative Justice and Amparo Courts; among others.

Migration.

• Processing of authorizations for the internment of foreigners in order to work, invest, study, provide technical advice, hold business talks or live under the economic dependence of family members;
• Processing of authorizations to obtain permanent residence in the country;
• Authorization for foreigners to attend Board Meetings or Assemblies;
• Changes in migratory quality;
• Work permits and changes in nationality, marital status, domicile or activities;
• Obtaining Mexican nationality;
• Challenge of resolutions on immigration before the administrative authorities and federal courts;
• Visa and Work Permits;
• Timely consulting regarding the most appropriate type of visa;
• Collection and review of documents to integrate the application;
• Preparation of the necessary letters for the presentation of the procedure before the migration authorities (foreign embassies and consulates);
• Obtaining work, investment, business, study, professional practices and residence visas in Mexico;
• Obtaining visas to attend conferences and business meetings;
• Obtaining visas to attend conferences and business meetings as well as for artistic, sports and recreational activities;
• Naturalization procedure;
• Certifications before a notary;
• Legalization and apostille procedures for the international use of official documents; among others.

Intellectual Property.

• Background searches and proportion of opinions in relation to trademarks, commercial notices, inventions, copyrights and domain names;
• Preparation, presentation and maintenance of all types of intellectual property rights, both national and international, including patents, industrial designs, copyrights, domain names, trademarks and commercial notices;
• Analysis to determine the state of the art and the patentability of inventions, including advice in relation to biomedical research, biotechnology and health-related aspects;
• Development of strategies to protect intellectual property rights, including those designed to prevent and stop the sale and distribution of counterfeit merchandise, as well as other acts of unfair competition;
• Protection of computer programs, as well as literary, musical, cinematographic, educational, scientific, technical, television and radio programs.
• Protection of confidential information and industrial secrets, including advice for the protection of this type of information in labor relations;
• Preparation of licensing agreements and structuring of technology transfers, technical assistance and royalty payments, providing tax advice related to these activities;
• Management of litigation on intellectual property issues before courts and administrative authorities, including civil and criminal actions;
• Alternative Dispute Resolution Process, including advice on arbitrations related to intellectual property rights;
• Performing audits in relation to intellectual property assets;
• Presentation and processing of applications for registration, conservation and protection of all types of industrial property rights;
• Guide in the structuring of technology transfers, technical assistance and payment of royalties;
• Initiation, defense and appeal of all types of industrial property litigation before administrative and judicial authorities;
• Analysis of designs and drawings;
• Advice and assistance in developing strategies for clients in order to protect their industrial property rights and their operations in Mexico;
• Assistance to the Mexican Institute of Industrial Property in carrying out embargo operations that prevent the distribution and sale of false merchandise; among others.

Foreign Trade.

• Advice on rates of classifications of assets and handling of disputes arising in this regard;
• Consultations on international treaties regarding trade in goods and services;
• Defense of importers against unfair trade practices, including anti-dumping and countervailing rates;
• Advice on the application of Official Mexican Standards (“NOMS”), both in national and imported goods;
• Import and export procedures;
• Advice on aspects of the Free Trade Agreement in North America and other free trade agreements;
• Negotiations, analysis and compliance with NOMS, which are non-tariff regulations that can affect the imports and exports of a company;
• Development of strategies to take advantage of industrial development and administration of export promotion programs that offer special tariff and fiscal treatment;
• Tariff classifications and customs matters in general;
• Analysis and application of rules of origin established in the different Free Trade Agreements for preferential tariff treatment in imports;
• Customs records and import authorizations;
• The application of Free Trade Agreements in foreign trade operations of companies operating in Mexico, including the analysis of the agreements of the World Trade Organization;
• Aspects related to transfer pricing and the coordination of the company's fiscal area;
• Unfair competition procedures, including compensatory quotas, mainly representing importers and exporters;
• Administrative and judicial procedures to challenge customs liquidations, fines and other resolutions of customs authorities; among others.

Civil, Family and Commercial Litigation.

• Preparation and attention of all kinds of civil, commercial and criminal trials;
• Legal audit in order to prevent the commission of illicit and to provide timely information to prevent the updating of scenarios that allow them or their officials to be involved in the commission of punishable conduct;
• Planning strategies to adequately face periods of crisis in companies;
• Preparation and attention of claims and lawsuits of Amparo in civil, commercial and criminal matters, including aspects related to the insurance of movable and immovable property;
• Issues in bankruptcy matters, mainly representing creditors;
• Special mortgage lawsuits;
• Real estate lease trials;
• Family matters;
• Matters before the Federal Consumer Attorney's Office;
• Amparo trials; among others.

Real Estate.

• Advise owners and developers in the acquisition, development and financing of real estate projects, as well as in existing projects;
• Collaborate in the conceptual structure of real estate transactions;
• Represent clients in credit and debt restructuring, including foreclosure and asset disposition;
• Advise creditors and debtors on all issues that arise due to credit restructuring, foreclosure, damage due to default, creditor responsibilities, guarantor's responsibilities and restructuring; among others.

Environmental.

• Advice on inspection visits and administrative procedures in environmental matters;
• Environmental audits to implement improvements and comply with the environmental obligations imposed by Federal, State and Municipal environmental laws;
• Process applications for concessions for water exploitation;
• Hazardous waste management;
• Preparation of Environmental Impact manifestations;
• Processing of permits at Federal, State and Municipal level;
• Preparation of environmental clauses for purchase and sale contracts, mergers and project financing;
• Advice related to soil pollution remediation; among others.

Complementary Services.