Ricardo Erlin Amaya – Page 2 – Legal Representation Mexico LLP

How a Mexican Lawyer Can Help You

Leave a Comment / Uncategorized / By Ricardo Erlin Amaya

Business lawyers can help you in your business from A to Z on the legal side

If you are starting in the business world or have never had business lawyers before in your businesses here are some examples of ways that a business lawyer can help you.

· Starting a business: The business lawyer can help you with incorporating your business, doing your minute books, and drafting your first shareholder’s agreement, that’s really the first time you should be seeing a business lawyer.

· The second time you will need a lawyer in relation to your business will probably be for your minute book, business lawyers can evidently help you with updating your minute book, making your dividend declarations, drafting resolutions for you, fixing the ledges in your book, your registries, etc. This is a more simple type of work, but it is a point that’s really important that it is done properly, you should have a minute book for your business, and if you do, it should be updated by a lawyer regularly

· Hiring your first employee or first client: here you should really have proper contracts drafted

· Lease revisión, drafting, and negotiation: when you get your first lease, a business lawyer can revise and negotiate the leases for you, or to drop the leases for you; depending on the nature of the business, if we are dealing with the landlord so, for example, a client that’s in real estate who has multiple buildings across the city we will typically draft all their leases for them and we will negotiate it for them as well; on the other hand if we are dealing with a client that’s for example in the retail industry and they have stores across the city, then we will receive copies of all their leases and we will revise and negotiate the leases for them.

· Contracts: Every time that you sign a contract you should have it revised by a lawyer, a business attorney can help you in multiple different ways, we can draft the contracts for you, we can revise them for you and we can negotiate them for you, it’s really important that you see a lawyer at this stage, this is where people will fault the most, they will either make verbal contracts with people, or they will go ahead and draft their own contracts by using templates that are online. Have a lawyer properly draft your contracts, when your contracts are properly drafted, you have a lot more security and you can ensure that you´re essentially preventing from having future problems in your business.

· Loans to get more capital: It could be in several different ways, you might need a loan in your business, so maybe you are getting a private loan from another individual or from another business or maybe you´re getting an investor for the first time in your business, a corporate attorney would draft all your transactions for you, so here you would look at maybe a share purchase agreement, a shareholders agreement and maybe some other agreements as well, maybe a loan or convertible debentures.

· Shareholders disputes: You should have a business attorney for a shareholders dispute or any type of transaction divulging out of the shareholder’s agreement; If you have more than one partner in the business, it is very likely you have (or you should have ) a signed shareholders agreement when you incorporated; it is possible that throughout the life stage of the business, there may have been some sort of dispute between the business partners. If there is ever a dispute we would use the shareholder’s agreement to draft up the contracts related to that dispute.

· Closing the business: Business lawyers can help you from A to Z, on the Z stage you want to dissolve your business, maybe the business is not profitable or they never had business activities and don´t plan to anymore in the future, you can contact a lawyer and the lawyer can close off the business for you. We make sure that it is properly closed and everything is properly filed

· Advisory role: Here you can think of a lawyer that’s actually your outside general counsel, some of our clients hire us on a long-term basis and we do all their legal work for them. When you are dealing with this type of lawyer, you will typically be able to get advice on just about anything in your company, for example, if you want to sign this deal, how should this be done? or for the first time in your business, you maybe need some sort of professional or a different type of professional, you can always ask your lawyer and they can refer you to the right people. An attorney will also tell you how transactions should be done or how certain things should be structured according to Mexican laws and regulations, and obviously if you have any doubts about how certain procedure is done, it is our job to advise you on what the process is, you can always ask your lawyer.

It is fundamental to trust your lawyer, in all of these stages, if you have a lawyer that you don´t trust, the relationship is not really going to be great, it´s important for you to have a lawyer that you can call and say: I don´t know how to do this thing, can you help me? And when you have that type of relationship with your lawyer, it’s going to be a lot easier for the two of you to do business together and also a lot better for you, because you will be able to get a lot better legal advice.

Leasing in Mexico?

Leave a Comment / Blog / By Ricardo Erlin Amaya

Leasing is a popular way to acquire real estate or other types of property in Mexico. Through a lease contract, the tenant (lessee) obtains the right to use a property owned by the landlord (lessor) for a specified period in exchange for a payment. Lease contracts in Mexico are subject to specific regulations that govern the terms and conditions, rights, and obligations of the parties involved. In this article, we will provide an overview of the main provisions of Mexican lease contracts and their legal framework.

Types of lease contracts:

The Mexican Civil Code recognizes two types of lease contracts: residential and commercial. Residential lease contracts refer to properties used for dwelling purposes, while commercial lease contracts apply to properties used for business, commercial, or industrial activities.

Terms and conditions:

Mexican lease contracts must comply with certain mandatory provisions established by the Civil Code. Some of the essential terms and conditions that should be included in a lease contract in Mexico are:

– Identification of the parties involved, including full name and address

– Description of the property, including location, size, and condition

– Term of the lease agreement, specifying the start and end dates

– Rent payment, frequency, and method of payment

– Expenses that will be the responsibility of each party, such as taxes, maintenance, repairs, utilities, and insurance

– Security deposit to be paid by the tenant to guarantee the fulfillment of its obligations

– Provisions regarding improvements, modifications, or alterations to the property

– Restrictions on the use of the property

– Termination clauses, such as early termination, default, and breach of contract

– Renewal or extension options, if applicable.

Rights and obligations of the parties:

Mexican law prescribes specific duties and responsibilities for both the lessor and lessee concerning lease contracts. Some of the most important rights and obligations of the parties are:

– The landlord’s obligation to deliver the property in good condition and repair, and to maintain it accordingly during the lease term.

– The tenant’s duty to use the property according to the agreed purpose and not to assign, sublet, or use it for illegal activities.

– The tenant’s obligation to pay the rent and other charges stipulated in the contract.

– The landlord’s right to inspect the property and check its condition periodically.

– The landlord’s obligation to return the security deposit at the end of the lease term, deducting any outstanding amounts that the tenant owes.

This is why hiring the services of a Mexican law firm can be incredibly beneficial for foreigners moving to Mexico.

Contract Lawyer

Leave a Comment / Blog / By Ricardo Erlin Amaya

As a Law firm, we work with a variety of individuals, professionals, and small to medium enterprises, on a range of commercial transactions including sales of business, leasing, and shareholders agreements, contracts form the foundation of any business, so it’s important that the contract documentation is right the first time and is tailored to your business needs, we often see business relying on verbal agreements which are not recorded in writing or outdated contractual documentation, while this seems to be more cost-effective, disputes, legal action, and a poorly drafted contract, will cost you more in the long run.

Engaging a Lawyer to draft or review a contract saves you time and money in the long run, and offers you peace of mind that you can focus on running your business.

Here at Legal Representation Mexico, we draft clear and straightforward contracts which detail the rights and obligations of the parties and minimize the risk of disputes and legal actions.

We focus on protecting your business now and in the future.

When you come in for your first consultation, we will discuss your contract or legal issue with you and provide some initial advice, if you want to engage us from there, we will provide you with a cost agreement that outlines what we would do for you and the likely cost of our services.

If you need assistance with drafting or reviewing a contract or require advice, then please contact us.