hernández castillo & assoc

At HERNÁNDEZ CASTILLO, ABOGADOS we implement legal tools to make your company more competitive in the market, such as:

1. The definition of the type of company and organizational structure to be implemented by virtue of the fact that there are fiscal, labor and corporate implications, depending on the type of company that is carried out;
2. Business development or investments as a natural person;
3. The elaboration of agreements between shareholders, defining the present and future relationship of the partners with the company, and among themselves;
4. The constitution of the company, issuance of shares or social parts and opening of corporate books;
5. Corporate Legal Audit;
6. The preparation of Minutes of Ordinary and Extraordinary General Assemblies of Shareholders, General Assemblies of Partners and Meetings of the Board of Directors or Managers, which are required for the proper functioning of the company;
7. The procedures that correspond to the National Registry of Foreign Investments and the National Commission of Foreign Investments; and
8. The elaboration of General or Special Powers of Attorney to be granted in Mexico or abroad.
9. The planning and drafting of contracts and agreements such as:

• Distribution Contracts.
• Supply Contracts.
• Mercantile Commission Contracts.
• Franchise contracts.
• Exclusive agreements and non-competition.
• Loan and Mutual Contracts, with Mortgage Guarantee, Pledge, with or without interest.
• Opening Contracts for Simple Credit or Current Account.
• Deposit Agreements.
• Commodatum contracts.
• Leasing contracts.
• Transactional Agreements.
• Financial Leasing Agreement.
• Modifying Agreements.
• Compensation agreements.
• Confidentiality and non-competition agreements.
• Assignment of debts.
• Mandates.
• Commercial Commissions and Real Estate Mediation.
• Agency contracts.
• Contract of service.
• Pledge Contract and its registration in the RUG (Unique Registry of Movable Guarantees).
• Trusts.

Immigration Law is linked to the nationality of the foreigner and to the existence of the principle of international reciprocity.

The condition of stay is granted to the foreigner based on the activity that he intends to carry out when he enters the country. It is by virtue of this that the foreigner must comply with the requirements of the Law and its Regulations, in order to obtain the authorization of the Secretary of the Interior through the National Institute of Migration.

We offer advice to foreigners to obtain the condition of stay, depending on the activity they intend to carry out in the country.

The conditions of stay are:

A) Visitors. This migratory status has the following modalities:

• Visitor without permission to carry out remunerated activities.
• Visitor with Permit to Perform Remunerated Activities.
• Regional Visitor.
• Visiting Border Worker.
• Visitor for Humanitarian Reasons.
• Visitor for Adoption Purposes.

B) Residents. This migratory status has the following modalities:

• Temporary resident.
• Student Temporary Resident.
• Permanent resident.

At HERNÁNDEZ CASTILLO ABOGADOS we provide the service for:

• Request and obtain the migratory form that best suits your investment or retirement needs.
• Change of activity or extension of it.
• Change of quality or migratory characteristic.
• Obtain your Temporary or Permanent Residence.
• Advice on the way to enter the country, to carry out the legal acts that are intended, in a correct way and without risk of nullity.

At HERNÁNDEZ CASTILLO, ABOGADOS we provide real estate legal advice with special attention to the factors of value, planning and strategic location, in order for your investments to generate a safe return on the capital employed.

To achieve the above, we advise you on the ideal legal figures to carry out your investment in real estate projects or properties for your retirement.

Our services include:

1. Review of all registration records.
2. Verification of cadastral background.
3. Debts of Contributions.
4. Land Use.
5. Agrarian Regime.
6. Foreign investment.
7. Real estate contracts.
8. Real guarantees.
9. Opinion on environmental matters (density, construction restrictions, etc.).
10. Location of real estate.
11. Real estate verification.
12. Topographic surveys.
13. Rectification of measures.
14. Correction of registration errors.
15. Updating of certificates and cadastral plans.
16. Formal purchase or sale offer, as the case may be.
17. Contracts of Promise of Sale.
18. Deposit Agreements (Escrow).
19. Mercantile Commission Contracts.
20. Negotiation with vendors to establish form and place of payment.
21. Divisions.
22. Unions.
23. Rectification of measures.
24. Condominium Property Regimes.
25. Subdivisions.
26. Environmental impact studies.
27. The elaboration, negotiation and formalization of the contracts necessary for the alienation, acquisition, use or temporary enjoyment and administration of real estate.
28. Constitution or Cancellation of Mortgages or Usufructs.
29. Settlement.
30. Constitution of Trusts:

• In administration.
• Domain transfers.
• Irrevocable Transfers of Domain.
• In warranty.

At HERNÁNDEZ CASTILLO ABOGADOS we advise you on hiring your company's collaborators and on the correct implementation of labor obligations, depending on the internal organization and the activity they carry out.

Our advice on labor matters includes the following:

1. Legal advice on working conditions applicable to the business of your company.
2. Individual or Collective Work Contracts.
3. Contracts for a fixed or indefinite period.
4. Drafting of the Internal Regulation.
5. Attendance Lists.
6. Administrative Records.
7. Calculation of settlements and compensation.
8. Dismissals according to the Law.
9. Minutes of integration of mixed commissions.
10. Social Welfare Plans.
11. Integration of worker files in accordance with the Law.
12. Incorporation of companies to provide outsourcing services.

We also carry out labor audits to verify that employers' obligations are being duly fulfilled within their company.

At HERNÁNDEZ CASTILLO ABOGADOS we help you decide on the appropriate instruments to protect your assets.
We advise you to carry out correctly:

1. Organized succession:

• Testamentary or Succession Trusts.
• Wills.

2. Estate Planning Trusts.
3. Optimization of tax charges.
4. Corporate Planning tailored to your business needs:

• Holdings.
• Goods and services cooperatives.
• Constitution of:
• - Commercial companies in general.

- Civil Societies.
- Civil Associations, Foundations and Private Assistance Institutions.

• Assemblies.
• Board of Directors sessions.
• Agreements between shareholders.

5. Co-ownerships, Joint Ventures and Participation Association Contracts.
6. Strategic corporate alliances.
7. Mergers and divisions.
8. Contracts, Agreements and exit clauses.
9. Legal figures for the protection of assets and preparation of Contracts such as:

• Constitutions of Usufruct.
• Donation Contracts.
• Purchase and sale contracts in their different modalities.
• Mortgages.
• Garment.
• Industrial garment.
• Mutual Agreements and Commercial Loan.

10. Advice to improve the cash flow in your company.

For the protection of your company's intangible assets, at HERNÁNDEZ CASTILLO ABOGADOS we provide the following services:

1. Registration, conservation, defense and protection in all areas of Intellectual Property in Mexico and in any country in the world.
2. Franchise Development.
3. Intellectual Property and Technology Transfer Agreements.
4. Advice to formalize the Industrial Secrets.

In terms of Industrial Property we offer:

• The registration of Trademarks and Commercial Notices, in Mexico and any country in the world.
• The renewal of the Trademark Registration.
• Registration of Patents, Industrial Designs, Utility Models.
• The Register of Denominations of Origin.

Regarding Copyright we provide:

• The registration of Literary Works, Paintings, Photographs, Architectural Designs, Drawings, cartoons.
• The Registration of Television, Radio, Computer, Cinematographic Programs.
• The registration of Reservations of Rights, characters, phonograms, musical groups, characters, titles of periodicals.

At HERNÁNDEZ CASTILLO ABOGADOS we offer litigation services in the event that your matter must be resolved before the courts.

Our areas of specialization in Litigation are the following:

1. Litigation in Commercial Matters.
2. Litigation in Civil Matters.
3. Litigation in Family Matters.
4. Litigation in Administrative Matters.
5. Labor Litigation.
6. Tax Litigation.