Mexican Legal Services
BECAUSE WE UNDERSTAND BOTH CULTURES
WHO WE ARE
For more than 15 years Hermes has practiced Mexican law.
Hermes has been granted a permit as a Practitioner of Foreign Law (with regards to Mexican law exclusively) by the Law Society of British Columbia however, he is not a member of the same (Law Society Rule 2-33).
Before moving to Canada, Hermes was an active member of the National Association of Corporate Counsel (ANADE), being the Vice-President of the Information Technology and Protection of Personal Data Committee and a member of the Financial Markets Committee.
We walk you through the Mexican culture.
AREAS OF PRACTICE
Business, Corporate & Commercial
Compliance & Anti-corruption
Real Estate & Timeshare
Privacy & Data Protection
We bring our vast experience in and thorough knowledge of Mexican corporate legal services.
We are engaged in drafting and negotiating civil and commercial agreements and contracts to effectively protect our clients’ business interests.
We also provide advice regarding foreign investment structures, incorporation of subsidiaries as well as the establishment of branches in Mexico.
We represent and provide ongoing advice to buyers, sellers, and investors in important domestic and complex cross-border transactions.
BUSINESS & CORPORATE COMMERCIAL
We provide comprehensive legal advice to our clients to navigate the anti-corruption and anti-money laundering legal frameworks in Mexico and Latin America so that they can fully meet the applicable legal requirements and properly introduce their internal control mechanisms.
By using a risk-based approach, we minimize the risk of facing potential liabilities, litigations, or arbitrations.
Mexico is among the most attractive countries to invest in.
However, some activities are banned to international investors while others require compliance with specific thresholds, either by percentage or amount.
We have advised foreign investors in the creation of the ideal legal structure to comply with Foreign Investment Law.
In addition, we make our network available to facilitate joint ventures, strategic partnerships and development of new products.
Today, inventions, trademarks and copyrights can be today the core of a business, among its most valuable assets.
We help our clients register, protect and fully benefit from such intangible assets in Mexico. We are skilled in searching and preparing Mexican legal opinions on the availability, registrability, and protectability of trademarks, trade names, and related rights.
We also negotiate and draft licenses and franchise agreements, as well as other commercial transactions involving transfers or authorizations of rights.
The Mexican real estate market is one of the most attractive in the world because of the country’s weather, its welcoming people, and beautiful beaches.
While buying real estate in Mexico might seem similar to how it is done in Canada or the United States, it is not the same, even with the help of a realtor.
We help our clients in the negotiation and preparation of agreements for the acquisition or lease of Mexican real estate and timeshares, including beach and border zone trusts.
Our goal is that our clients understand every single step in the process when purchasing or renting real estate or timeshares in Mexico.
PRIVACY & DATA PROTECTION
The compliance with laws regulating the collection and use of personal information in Mexico has become a key concern for the Mexican private sector and government.
We provide comprehensive advice for the implementation of obligations regarding privacy and security measures in Mexico.
We prepare the privacy notice, data inventory and risk analysis. We conduct personal data protection audits and also analyze databases, the company’s flow of information, and the treatment of personal data to assess compliance with the Mexican law.
POWERS OF ATTORNEY IN MEXICO
Whether you are buying a real estate property or doing business in Mexico, if you need to grant a Power of Attorney (POA), please bear in mind that there are different types of POA in Mexico and you/your company may not want to grant broad legal authority than your attorney needs. We strongly recommend you seek Mexican legal advice.
CANNABIS REGULATION IN MEXICO
On March 10, 2021, the House of Representatives (Camara de Diputados) of Mexico took up the approval of the Federal Law for Cannabis Regulation.
The House of Representatives approved many of the provisions previously discussed and approved in the Senate. However, in accordance with the legislative process in Mexico, these changes will have to return to the Senate for discussion and approval.
The following are the most relevant changes introduced by the House of Representatives:
The change of scope of the law regulate the production of cannabis instead of its various uses;
A new permits/licences system for the production and distribution of cannabis is created, including a licence that would cover from cultivation to the sale to the final consumer;
The production of cannabis for self-consumption would be subject to a permit;
The Ministry of Health and the National Commission Against Addictions (Comisión Nacional contra las Adicciones), among others, will be the authorities with the power to regulate and control of cannabis.
This represents the effort to finally pass the Federal Law for Cannabis Regulation.
RESELLING A TIMESHARE IN MEXICO
If you are planning to resale your timeshare in Mexico, you need to consider the following steps:
Once the seller of a timeshare membership has found a purchaser, the seller must notify the Resort about this potential sale/purchase. Please do not sign any document unless you get the Resort’s prior written authorization.
The Resort has the right to authorize the sale/purchase of the timeshare membership before its execution. The rule of thumb is that any transaction without the Resort’s authorization will be considered void.
Normally, timeshare memberships are assigned/sold to individuals, not entities.
Once the Resort is notified, the Resort has 2 options: to deny the sell/purchase transaction or to authorize it.
If the transaction is authorized, then the seller and the purchase can execute a written agreement and sign additional formats provided by the Resort. Then, the purchaser and seller should send these documents over to the Resort so that it updates its records with the new owner’s information.
Normally, the monies for the type of transactions should go from the purchaser’s account to the seller’s account directly. Do not pay/disburse any fees upfront.
Please always bear in mind the following:
Membership must be fully paid and current with the maintenance fee and or administrative fee so that the seller can assign/sell his/her membership.
to reach out to a Mexican lawyer to get Mexican legal advice. Most importantly, the Mexican lawyer should not be recommended by the purchaser – as there is a conflict of interest. If the lawyer is in Mexico, request, at least, 3 opinions from past clients. If the Mexican lawyer is not in Mexico, request further information like registration with the local law society, and check background, brochure, etc.