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Real State and Development Law

Our firm has extensive experience in dealing with both national and foreign investors in the Real Estate and Development in Mexico (See testimonials). Whether dealing with an individual buyer or an institutional investor, we have the experience necessary to secure and advise you on your Real Estate or Development project. Our experience is not only limited to the private property sector of Mexico but also in dealing with agrarian (ejido) land transactions.

 

Foreign Investment

Understanding the restrictions that exist on foreign investment is paramount in deciding whether or not to open up your business in Mexico.

Unfortunately we have seen many investors start operations in Mexico without even knowing if the activity they are involved in is restricted or not. Obviously this is devastating for a business when they find out that what they are doing is prohibited.

Our firm has experience in not only dealing with the legal requirements set out by the foreign investment laws but we also provide ongoing consulting and ancillary services to our clients who are doing business in Mexico. Our staff includes some of the very few foreigners licensed to practice law in Mexico. We understand first-hand what it is to be a foreigner doing business in Mexico.

Federal Zone Concessions and Land
Gained from the Sea

If you have land that borders on a federal zone (beaches, rivers, lakes, creeks, highways or lagoon) you need to be aware of your rights and obligations to use that land. You should also be aware of the rights of third parties to use and enjoy that land even if you own the land bordering it.

Mexico’s federal government will grant concession rights to exclusively use and enjoy certain types of federal zone properties to those who apply for it.

Acquiring the concession to use the federal land that borders your property is an easy way to increase the value of your land and reduce the risk of someone else coming along and using this land.

Often times natural events create extra land that is neither on your title or part of the federal zone. This “no mans land” under certain circumstances can be acquired by the property owner that borders it. We have successfully acquired thousand of extra meters of beach from land for our clients, increasing the value of their investment dramatically.

Our firm provides a full range of federal zone services including acquiring of concessions, permits, transfers of concessions, dispute resolution, concessions administration and procedures to acquire rights to Lands Gained from the Sea.

Tax Law

We have saved our clients hundreds of thousands of dollars in taxes. Properly navigating the multiply tax laws of Mexico as well as good experience in litigating tax issues is required in doing business in any country. Our team of attorneys, along with associate accountants, fiscal advisors and litigators have the experience necessary to navigate these waters.

Tax planning is not only for multinational corporations but also for the home owner that wants to look for legal solutions to reduce their tax exposure and capital gains in Mexico.

We have extensive experience in audits, tax deduction, tax exemptions, the granting of tax incentives as well as fighting illegal or undo taxes and in many cases having unjust tax payments returned to our clients.

Inmigration Law

If you are a foreigner and going to live and work in Mexico, you need to have the necessary immigration documentation. Mexico offers several types of working and non-working visas.

Before you choose a visa you should know what the pros and cons are of each type. We can assist you with selecting and acquiring the type of visa that best fits your needs. The type of visa you have can affect the car you drive and the amount of taxes you pay. Getting the right type of visa the first time will save you a considerable amount of time and could also save you a considerable amount of money.

Trusts (Fideicomisos)

Trusts in Mexico are principally used by foreigners to acquire rights to property in Mexico’s restricted zone (50 kilometers from beach and 100 kilometers from borders) for residential use and as lending agreements. Our firm has extensive experience in setting up and modifying trusts in a manner that best suits the parties involved. We can also assist you in setting up master trusts and in negotiation with the banks that serve as trustees.

 

 

Agrarian Law

We have extensive experience in dealing with Agrarian land matters. Any foreigner investing in Agrarian land, be it an ejido, an agrarian community or any other type of agrarian community, must understand that they are not dealing with private property but with agrarian property whose law and customs are very distinct.

Since the 1992 modifications to Mexico’s constitution, agrarian communities (including ejidos) can now elect to take their properties out of the agrarian community and convert them to private property. We have successfully assisted many ejidos with going through the regularization procedures. We also have extensive experience in advising on ejido matters, coordinating ejido meetings, negotiations with ejidos, conversion of common use lands, negotiated with ejidos, litigating maters concerning ejido rights and in general dealing with ejidos and agrarian laws.

Corporate Law

We offer of full range of corporate law services including setting up corporations, partnerships, non-profit and charitable organizations, mergers, spin-offs, registration of minutes and minutes book maintenance, annual and extraordinary meetings, board meetings and minutes, granting of powers of attorney, government filings and permits, as well as administrative assistance needed to maintain a Mexican corporation in good standing.

Besides general maintenance of corporations, we can provide you with assistance and legal counsel regarding corporate law, shareholders rights and obligations, administrator obligations and liabilities and in general provide counsel to either the individual shareholder, administrator, board of directors or the corporation regarding corporate law matters.

If you are not sure of the standing of your corporation with the government, we can run the necessary searches or conduct the necessary studies to determine any pending business the corporation has to do to be in good standing as well as assist you to rectify any late or absent permits or authorizations.

Contracts and Negotiations

An improperly done agreement is the biggest cause of civil litigation and/ or loss of investment in Mexico. The best advise we give our clients it to make sure their agreement takes into consideration the legal aspects of the business at hand. Too many times foreigners will sign agreements in

Spanish without fully understanding the legal implications of what they are signing. When this happens, the outcome of the agreements is often not favorable for the investor. We recommend that any time you sign an agreement in a foreign country you understand the intent of the agreement as well as the legal ramifications of the entire agreement.

We have assisted foreigners and Mexican nationals all over Mexico in negotiating and signing the types of agreements that best fit the intent of the parties. We have experience in dealing with several types of legal agreements including property sales, purchase agreements, rental agreements, leasing agreements, mortgages, lines of credit, bonds, construction agreements, government contracts, labor agreements, stock agreements, corporate merger agreements, conciliation agreements, joint ventures, stock

options and many others.

Dispute Resolution, Litigation, Arbitration, Mediation, Negotiation and Mitigation

Avoiding litigation and unnecessary legal costs is important to everyone.

However there are times when legal advisors are required to resolve a dispute.

In these situations we can assist you in understanding the dispute resolution procedure in Mexico as well as mitigate the risks involved with any type of dispute resolution procedure. If there is no other solution but litigation, our firm has the experience you need to present the strongest case possible and acquire positive results.

Environmental Law

In today’s world environmental law affects just about every type of investment.

Making sure your investment complies with these laws is important in order to avoid fines, delays and even criminal prosecution. We can assist you in determining how the environmental laws of Mexico will affect your business and assist you in acquiring the necessary permits and entitlements to carry out your operations.

If the environmental authority takes action against you, we can also defend you and your investment from improper application of the law.