Consulting

Assessment and diagnosis for companies seeking to implement a compliance framework, as well as advisory services on the details of this preventive measure across various areas of law, including administrative, corporate, labor, commercial, and criminal. Creation of the necessary corporate bodies to ensure the validity and effectiveness of the compliance framework. Ongoing monitoring after implementation to supervise and refine the methodology.

Implementation

A Regulatory Compliance Plan that will include all the details of the service. A whistleblower channel for employees to report alleged criminal or suspicious practices. A Code of Ethics that will outline the policies, standards, and institutions related to compliance. Implementation of Compliance Officers at the different corporate levels of the company, whose powers will be determined as appropriate.

Agriculture and Rural Development

Handling the processing of permits and authorizations related to rural activities, as well as defending rights before competent courts. Obtaining financial support for the sector, management, and securing benefits for projects and investments in those areas.

National Waters and Maritime Law

Permits, concessions, and authorizations in maritime law and the use, exploitation, and utilization of national waters. Litigation in the tourism sector. Litigation regarding national water concessions. Challenging against fines and sanctions in the field.

Environmental

Procedures in environmental matters, permits and authorizations, environmental complaints, defense of environmental projects, and challenging environmental fines and sanctions. Strategic litigation in environmental matters, including administrative remedies, administrative litigation, amparo proceedings, class action lawsuits, and the State's patrimonial liability.

Concessions and Public Bids at the municipal, state and federal levels

Integration of the necessary economic and legal documentation based on the invitation to tender or call for bids. Negotiation and execution of contracts derived from competitive biddings with all three levels of government. Litigation and defense related to the adjudication decision, the concession contract, or the development of the competitive bidding itself, against tenders, third parties, or authorities.

Public Contracting and Works

Negotiation and execution of public works contracts with all three levels of government. Action and defense in cases of non-compliance by authorities. Challenging of fines and sanctions in this area.

Construction and Urban Development

Processing of federal, state, and municipal licenses and permits. Compliance with construction regulations in accordance with the applicable Mexican Official Standards. Administrative litigation in defense of construction projects and real estate developments, protection and prevention against possible closures or fines by any administrative authority. Challenging of fines and sanctions in this area. Lawsuits for the land use increase in population density and land development potential. Challenging fines and penalties in this area and subject matter.

Regulatory Compliance

Advisory and implementation of all acts and documents required by Mexican Official Standards and by all three levels of government according to the line of business. Challenging of fines and sanctions in the patrimonial matters of the State.

Energy and Sustainable Development

Obtaining permits and authorizations for projects involving clean energy, sustainable development, contracting with administrative authorities, energy regulation, and regulatory compliance in energy matters to avoid contingent liabilities due to non-compliance with Mexican Official Standards. Challenging fines and sanctions in the field. 

Compensations Against Administrative Authorities

Procedures for State Liability in cases where the client suffered damages that they were not obligated to bear regarding their property or rights, as well as holding Public Servants accountable for irregular activities to obtain fair economic and moral compensation.

Regularization of Ejidal and Communal Properties

Securitization and regularization of ejidal, communal, and rural properties. Obtaining community ownership of ejidal properties. Disincorporation and subdivision of ejidal lands for productive, tourist, industrial, and residential developments. Deed registration of properties disincorporated from the ejidal regime. Sale of national lands, legal resources for nullification of titles, and/or their revocation.

Agrarian Litigation

Representation before agrarian authorities and entities. Litigation before agrarian and amparo courts arising from agrarian disputes.

Commercial and Agricultural Companies

Strategy based on creating commercial companies focused on agricultural, forestry, livestock, and aquaculture activities. Agrarian contracts. Tax analysis and planning.

Civil Litigation

Prevention and legal defense for the enforcement or termination of civil contracts. Lawsuits related to eviction and acquisition of real estate. Legal protection and judicial representation of professional partnerships and charitable organizations. Voluntary jurisdictions. Foreclosure lawsuits and debt restructuring. Filing of injunctions for new and dangerous works.

Amparo Proceeding

Defense of the client against responsible authorities whose unconstitutional actions have violated their human rights. Strategic constitutional litigation. Temporary suspension of actions by authorities. Challenge of laws, fines, and sanctions deemed unconstitutional.

Corporate Advisory and Company Formation

Planning the legal structure for creating commercial companies and professional partnerships that best fit the client’s needs. Incorporation of commercial and civil entities, with the corresponding modalities. Execution of all acts related to holding shareholder´s meetings, as well as their publication with the competent authorities. Preparation of corporate books and share certificates. Representation of partners and shareholders in meetings and negotiations. Designation of responsibilities, structure, and execution of agreements by the governing body.

Contracts

Drafting of all documents required to be implemented under the Federal Law on the Protection of Personal Data Held by Private Parties. Agreements for the acceptance of personal data usage and confidentiality.

Mergers and Acquisitions (M&A)

Legal due diligence of the business model to be executed. Drafting of contracts, minutes of shareholder´s meetings, and agreements related to the business, as well as their formalization before a notary and registration with the competent authorities. Evaluation of assets and liabilities subject to the transaction.

Specialized Companies

Everything related to the creation, authorization, and operation of specialized companies in the banking and financial sector, specifically Multiple Purpose Financial Institutions (SOFOM) and Popular Financial Institutions (SOFIPO).

Personal Data Protection

Drafting of all documents required to be implemented under the Federal Law on the Protection of Personal Data Held by Private Parties. Agreements for the acceptance of personal data usage and confidentiality.

Estate Planning and Prevention

Prenuptial agreements. Creation and execution of estate administration trusts. Advising on and formalization of wills. Judicial request for family assets (unseizable and imprescriptible).

Family Litigation

Obtaining divorces with various grounds. Lawsuits related to child support, family arrangements, custody, and parental authority. Testamentary or intestate successions and everything related to inheritance distribution. Judicial and administrative procedures related to adoptions. Jurisdictional and administrative requests for gender and name changes.

Regulatory tax advisory and compliance

National and international tax consulting. Tax audit and compliance. Requests for tax refunds at the federal, state, and local levels. Advisory on transactions involving Transfer Pricing. Financial and tax planning to achieve a lower taxable base.

Tax Litigation

Filing various forms of administrative defense, such as administrative remedies, administrative contentious lawsuits, and amparo proceeding. Timely response to tax audit procedures conducted by agencies at all three levels of government. Alternative dispute resolution methods, including proceedings before the Taxpayer Defense Attorney’s Office, among others. Defense before the Federal Administrative Justice Court against: tax credits determined by federal tax authorities and against authorities for classifying a company as EFOS (a company issuing simulated invoices) or EDO (a company deducting simulated operations). Litigation against tax determinations due to issues like permanent establishment identification, Base Erosion and Profit Shifting (BEPS), digital business audits, and justification of business purpose in corporate networks, among others. Base Erosion and Profit Shiting, supervision of digital companies and justification of business reasons in business network, among others.

Contractual

All types of contracts arising from the real estate project, whether in its preliminary stage, during its execution, or after its development. Creation of companies and associative contracts that serve as a legal vehicle. Creation and execution of real estate management trusts. Condominium regime and its assemblies.

Regulatory

Obtaining governmental procedures and permits required by law. Compliance with regulations related to urban law, such as labor, environmental, civil protection, among others. Administrative remedies to improve the legal condition of the property in accordance with due legal process.

Real Estate Litigation

Legal representation against authorities, private associations, unions, condominium owners or neighborhood associations. Lawsuits for the population increase of land use and the potential of a property for real estate development. Litigation for the shielding of licenses, as well as defending their legality. Contesting fines and penalties in this area and subject matter.

Planning in the election of commercial structures

Subsidiary Companies, Branches or Representative Offices. Incorporation of Mexican companies with foreign capital. Establishment and execution of asset management trusts. Notices before the corresponding authorities. Advice for the incorporation of foreign companies.

Advice on collective labor relations

Collective Bargaining Agreements and review of the legitimacy of unions in various branches. Representation of workers at the local and federal level. Labor, union, psychological, medical, education, property, social security and other advice to workers. Alliances with trade union representation bodies in various countries. Representation of workers before the employer and authorities.

Advisory in Individual Labor Relations

Individual employment contracts in their various forms, subcontracting, and service agreements. Collective Bargaining Agreements and review of the legitimacy of unions. Internal Labor Regulations and their registration. Creation of job descriptions, safeguard agreements, non-disclosure agreement, code of ethics, payroll receipts, vacation schedules, vacation bonuses, and overtime pay, among other documents.

Labor Compliance

Implementation of all applicable regulations according to Mexican Official Standards that apply in relation to the company's activities. Creation of joint health and safety commissions, as well as the preparation of documents evidencing compliance with the policies.

Conflict Resolution

Negotiation and ratification of agreements with workers. Advice and execution of strategies for the defense of individual lawsuits.

Prevention

Derived from the commercial activities that are carried out within a business, a methodology is developed and implemented to prevent non-compliance by third parties for each specific case, with the aim of mitigating risks and possible legal contingencies.

Commercial Litigation

Prevention and legal defense for the fulfillment of commercial obligations arising from domestic and international operations. Recovery of past-due loan portfolio through judicial and extrajudicial procedures. Precautionary measures to guarantee the development of a process and its claims. Negotiation and settlement of disputes through the judicial route. Resolution of jurisdictional disputes related to breaches of social agreements, assembly agreements, dividend distribution, accounting, etc. Procedures before the Consumer Protection Agency, the National Commission for the Protection and Defense of Financial Service Users, among others. Insurance litigation, representing or defending insurers. Judicial representation in insolvency proceedings of the company, also known as Commercial Bankruptcy.

Regulatory

Assessment of the immigration department (if applicable) and all processes handled by the client in this area. Applications and acquisition of all necessary permits and licenses for a Mexican legal entity to hire foreign personnel. Advisory and execution of all processes related to obtaining immigration statuses (visas, residencies, etc.). Management and support for all types of notarial acts conducted by Mexican embassies or consulates abroad (powers of attorney, successions, apostilles, among others). Coordination of translations by official experts.

Prevention

Identification and implementation of methodologies to prevent circumstances that can be classified as criminal acts and cause a patrimonial and/or reputational detriment, whether they arise internally by partners, workers and administrators or externally by customers and suppliers.

Litigation

Representation of the client in all contentious matters involving the victim, defendant or injured party, including the following:

a.- Property crimes, such as fraud, breach of trust, fraudulent administration, theft, among others.
b.- Financial crimes, such as money laundering and money laundering, banking and the stock market, among others.
c.- Fiscal crimes committed by tax authorities, such as the Fiscal Prosecutor's Office and the Financial Intelligence Unit, among others.
d.- Crimes related to the exercise of public service.
e.- Intellectual property crimes.
f.- Crimes against urban development.
g.- Environmental crimes.

Amparo proceedings aimed at protecting the Client's fundamental rights.

Lawsuits related to the National Asset Forfeiture Law. Extradition advisory for international proceedings.

Prevention

Professional services in the area of Money Laundering Prevention and Terrorist Financing (ML/TF) for financial institutions or non-financial companies, as applicable, provided by Compliance Officers and Auditors duly certified by the National Banking and Securities Commission (CNBV), such as:

• Audits
• Risk analysis and implementation.
• Training and courses.
• Policies and Manuals in the area.
• Submission of notices and reports.