It is not necessarily required the incorporation of a company in order to carry on business in Mexico. However in many cases, a company represents the appropriate legal vehicle to minimize the risks and costs for those individuals that are carrying on business in Mexico. It is also a reasonable strategy to protect the personal patrimony of those individuals that are members of such entities.
There are different types of legal entities in Mexico; both for business and non-profitable activities.
Choosing the right type of entity that fits your needs and interests is essential as it will give you the adequate platform to achieve the pursued objectives (commercial or non profitable).
The selection of the type of legal entity that is adequate for your interests and needs require a corporate planning fully integrated both to the legal aspect and the fiscal structure that results more appropriate to such entity and its members.
Furthermore, once the legal entity is organized, in order to guarantee its good standing and administration, the implementation and execution of practical and effective operational systems and policies is required. This is not only to comply with the statutory and legal dispositions, but also to ensure that the “day-to-day” corporate operations and transactions are effectively contributing to the achievement of the purposes for which the entity was created.
In this order of ideas, it is also recommendable to carry out periodical legal audits to evaluate the corporate status, in order to confirm if the statutory and legal dispositions have been duly complied and the purposes of your business or activity have been met. This is also to indentify and in its case to neutralize or to correct whenever possible, any real or potential risk or contingency that could negatively affect the entity and its members.
At Lozano Abazan & Associates we have ample experience in corporate matters and related areas to provide legal assistance and support in Corporate matters that include:
- Corporate legal audit and risk assessment on corporate status
- Incorporation, organization and operation of mercantile and civil companies and non-profit associations, including corporate design and structuring fully integrated to the legal-tax aspects
- Reorganization and up date of corporate structure and registries
- Corporate Meetings, organization and assistance
- Board Meetings, organization and assistance
- Elaboration and integration of Minutes, corporate and board meetings
- Elaboration, integration and maintenance of Corporate Statutory registries – (Corporate Books: Meetings, Partners or Shareholders, etc.)
- Elaboration, integration, submission and maintenance of Corporate Law registries – (Foreign Investment Registry, Foreign Affairs Secretary, Public Registry, Municipality, etc.)
- Minutes notarization assistance
- Due diligence (title to shares/interests and corporate assets including real estate)
- Acquisitions, including:
– Shares/Interests Purchase and Sale agreements
– Corporate assets Purchase and Sale agreements, including real estate
- Commercial Contracts, Negotiations, Drafting and Amending (when applicable) including:
– Joint Ventures
– Bond (Guarantee)
– Employment and Services
– Mercantile Commission
- Legal assistance on corporate procedures related to:- Foreign Investment
– Social Security
– Intellectual and Industrial Property
– Environmental law
– Administrative matters:
o Solicitude and acquisition of permits, licenses and authorizations
o Interaction with public institutions (authorities and government)
o Interaction with Banks
o Interaction with clients and suppliers
- Mergers and Spin Offs
- Dissolution and Liquidation