GD Legal provides:
a) Title Opinions & Research.- In order to secure a legal acquisition of a property, it is advisable to perform an extensive legal research in order to determine that seller is the legitimate owner of the land subject matter of the operation, and therefore, purchaser can comfortable and sure that after closing the client should not have any problem related with title granted.
b) Legal Advice on Negotiations, Acquisitions and Lease Agreements.- In addition, GD Legal provides legal services related to reviewing, drafting, negotiating and executing all type of agreements required for real estate transactions, such as lease or purchase of industrial buildings, through the whole process until final closing and formalization of contract before Notary Public.
It is required for all companies to have legal advice on labor matters in order to prevent labor disputes or confront them in trial with all efficiency needed, provide adequate evidence or, in the worst case scenario, to reduce employer’s costs, since Federal Labor Law provides broader protection for employees.
Some of the ways to prevent disputes or reduce risks can be reached by having labor contracts executed in accordance to Law, Interior Work Rules, Auditions of Labor Workplace conditions and by reviewing the measurements of employee’s assistance control, among others.
Sometimes it is necessary to defeat administrative rulings before the Federal Tribunal of Fiscal and Administrative Matters, whether they are tax resolutions entered by any administrative government unit such as the Mexican Internal Revenue Service (SAT), Environmental Protection Agency, Social Security Institute, among others. In addition, it may be advisable for a company to file Constitutional Claims in Fiscal matters in order to defeat unconstitutional fiscal provisions published on a yearly basis by the SAT.
a) Prevention Phase.- There are times that companies would like to secure a way to collect in the future an unpaid loan or price of sale that they are planning to perform, preventing future disputes and delays in its collection. In certain cases, it is also needed to investigate if the matter is even “enforceable” in case of controversy, which in turn allows our client to make better decisions on time.
b) Litigation.- In other cases, when extrajudicial arrangement is not reached, it is required to file the corresponding actions in Court in order to enforce collection of accountancy receivables due by debtors.
GD Legal gives legal advice in order to prevent environmental irregularities, or when a company is subject to an inspection and investigation procedure by an environmental protection agency, such as the Federal Environmental Agency or any State Environmental Agency. In addition, GD Legal gives legal advice to defeat resolutions and sanctions imposed by such government agencies.
When a foreign company or individual expects to create a company or engage in a transaction in Mexico, it is required to first analyze the possibilities or restrictions provided under the Law in order that such transactions can be carried out correctly. It is important to highlight that any Mexican company having foreign investment in its equity capital stock, has certain reporting annual obligations that shall be met.
a) General Corporate Matters.- It is important to keep a company’s shareholders meeting minutes book duly updated, which can be achieved by having at least one annual meeting whereby shareholders appoint, ratify or removes to the Sole Administrator or the Board of Directors, and also financial statements are approved, among other corporate matters. In addition, it is also important to keep shareholders registry book updated, including the corresponding certificates of stock held at the company.
Among other corporate matters, this firm also provides the legal services needed to draft corporate minutes to grant powers of attorney, increase of company’s capital stock, modification or extension of corporate purpose, change of name, and others.
b) Extraordinary Corporate Matters.- In addition, when you are planning to acquire control over a company and/or shares of stock, it is important to prepare and execute the correct agreements and even due diligence procedures are required, whereby this firm carries out a strict research and analysis of corporate documents, assets and other items of the target corporation in order to determine that in fact purchaser may be entitled to dispose and legally acquire the interests expected.
We write frequently about this topic on our blog. If you would like to read more please click here.
GD Legal also gives legal advice on issues related with trademarks, patents, industrial secrets, commercial names, improvements, industrial designs and inventions.
Industrial & Intellectual Property Rights
When foreigners come to our country to collaborate in a Mexican enterprise, they should have an Immigration permit, otherwise, they could be subject to deportation by Mexican Immigration Department.
Depending on the foreigner’s nationality, there are cases where a foreigner is not allowed to enter into Mexico without having a previous permit; therefore, our firm can carry out the corresponding procedures to obtain such permits in order to avoid any delays in such foreigner’s entry.
GD Legal gives legal advice when an investor acquires a property or obtains any kind of interests over real estate located within agricultural or ejido regime boundaries. In the majority of the cases, the performance of a due diligence that allows you to have certainty of the rights subject to transaction or have a vision of feasibility for the disincorporation of a land from an agricultural or ejido regime.
We help you secure your pre-establishment contracts, joint ventures, NDAs, initial hirings, founder and co-founder agreements. Everything from your idea to the MVP, launch, scale and exit/IPO.
GD Legal also helps high net worth individuals and family offices structures run and manage legal issues and plan their states.