Practice Areas

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In Etchegaray Abogados we have a deep understanding of the agribusiness chain that represents one of the most important sectors of the Mexican economy, since its activity covers both the primary and the industrial sector.

The team dedicated to “Agribusiness” works with local and foreign clients (producers, distributors, brokers, suppliers, contractors, advisers) engaged in agrarian and livestock production and the development of businesses in related industries. For these purposes, our outlook must be comprehensive. The complexity of the market in the agriculture sector crosses numerous areas of law (commercial, corporate, labor, civil, administrative, contractual, industrial property, company, trusts, asset planning, environmental, tax, credit instruments, banking, among others.)

To respond to the challenges of the sector, companies need independent advice to help improve decision making, to be prepared to detect and capture opportunities and to face a series of operational risks and challenges of agribusiness in Mexico.

Addressing the concerns and interests of our clients requires us to develop a global understanding of each of their businesses and a special understanding when the contingencies and decision making call for it.

The comprehensive services that we offer include helping our clients manage a series of important issues, such as:

Agricultural leases

We provide advice on partnership agreements (sharecropping agreements for agriculture or livestock, joint venture agreements, etc.), maximizing benefits for both producers and owners.

Financing

We assist our clients in incorporating new sources of financing, so they can leverage the business of the sale of agricultural raw materials and planting campaigns, at the same time expanding the base of their investments, with efficient legal structures.

Contracts

We help to draft the contracts and necessary documents to formalize and structure the different stages in the agribusiness chain, from site selection and acquisition of equipment and raw materials, to cultivation, supply, consignment, financing, distribution and marketing.

We have an excellent team of lawyers in litigation, experts in advising and directing all types of civil and commercial proceedings, and in all their appeals, phases and instances before the courts in Mexico.

Our knowledge of our client’s business allows us to defend their legal position in their best interest. With our offices in both Mexico City and Aguascalientes and our international presence through our correspondent partners and/or alliances, we are able to act before many different national and international courts.

In addition to the defense of our clients before the courts, our scope of action includes the drafting of legal reports and opinions on potentially litigious civil and commercial matters, as well as preventive analyses to identify and avoid possible legal risks. We also design and execute the pre-litigation and litigation strategies more in line with the defense of the interests of our clients.

Etchegaray Abogados provides comprehensive advice in companies law to companies in Mexico, from the beginning of their corporate life, to their incorporation, and until their dissolution, advising them throughout on their day to day activities.

We often assist our clients in the design of efficient legal structures to channel foreign investment in specific purpose vehicles or in companies already incorporated through collaboration agreements and corporate controls, to guarantee a healthy relationship among the shareholders and anticipate any potential conflict with extrajudicial solutions.

We often assist our clients in the design of efficient legal structures to channel foreign investment in specific purpose vehicles or in companies already incorporated through collaboration agreements and corporate controls, to guarantee a healthy relationship among the shareholders and anticipate any potential conflict with extrajudicial solutions.

We are the best alternative for advising you in all your corporate legal needs, from the planning of your company to its incorporation, post-corporation and day-to-day transactions.

Corporate Secretary. We offer the services of secretary to guarantee the good standing of the company, through the implementation of solid corporate government practices. Our primary functions include:

  • Opening the corporate books of companies
  • Maintaining the stock registry book of the company and its corporate books in general.
  • Support in the drafting of administrative and board reports, for their presentation by the administrative body in the annual general meeting.
  • Drafting and registration of documents for changes of directors, managers, executives.
  • Drafting and registration of legal powers of representation/powers of attorney.
  • Preparation and registration of files for auditors.
  • Preparation of resolutions of the Board and/or minutes of the Shareholders General Meetings.
  • Management and coordination for the formalization of documents before certifying public officials in Mexico.

Our clients benefit from our creative, innovative and strategic solutions for complying with their corporate governance obligations and thereby keep their companies updated with our corporate secretary services.

The lawyers of this area counsel clients of all sizes, both national and foreign, including before their incorporation or arrival in Mexico, creating the most efficient and effective corporate structures for their businesses. We support our clients during the development of their activities, whether advising in the negotiation of special contracts, or in key transactions for their success, such as financing, mergers, joint ventures and other partnerships.

The area is directed by our founding partner Mauricio Etchegaray. The lawyers of the Corporate Law area advise clients in all stages of the development of their companies and are capable of creating the most appropriate corporate structures for each particular company, including the creation of joint ventures and other business partnerships (with or without foreign investors); and of advising clients on matters related to mergers and acquisitions, financing of all kinds (including structured financing), the securities market, taxes and foreign investment.

The area also provides advice in the negotiation and preparation of all types of necessary agreements and documents, as well as in the drafting of legal reports. Our lawyers have vast experience and are familiar with negotiation practices and have drafting skills to ensure the commercial contracts cover the business requirements of our clients in a legally acceptable manner fully protecting their interests.

A distinctive characteristic of the area is its creativity in handling new, complex issues that may require a fresh look, often devising new legal solutions for particular problems.

We advise our clients as shareholders of companies, top executives, boards of directors and committees on compliance and corporate governance practices, preparing and drafting the necessary material (memoranda, ethics codes, audit policies and shareholder and board of director resolutions).

The legal e-commerce management and advice we provide as e-commerce lawyers is more and more relevant for those companies that market online due to the wide range of constantly changing laws in Mexico regulating economic activity on the internet.

Client – supplier relations, for both internet and private networks, are fundamental tools in the development of commerce today. We advise on electronic contract matters, digital signatures and other technical-legal mechanisms to protect the operations that are migrating from the traditional system to e-commerce.

In particular, we give both contractual and procedural counsel on technology agreements (software licenses, informatics projects and outsourcing, etc.), and we have considerable experience in providing services to companies that operate through the internet (content portals, e-commerce, social networks, etc.), advising on the preparation of the contracts necessary to develop their activities and ensuring compliance with the extensive regulations applicable to this sector.

The team also has considerable experience and knowledge in relation to personal data processing and, in particular, the adaptation of the new regulatory framework and data protection regulations.

We advise sponsors, energy operators, generators, qualified suppliers, qualified users and financers in a broad spectrum of transactions related to the electricity, distributed generation, gas and renewable energies sector. Since it is a legal area that involves different disciplines, we have integrated our team with experts in commercial, regulatory, environmental, financial and tax law.

Our Firm also actively participates in projects linked to the energy sector providing counsel on the development, construction, operation and maintenance of energy installations and plants.

We offer legal advice on starting up operations in the energy sector. In this regard, we have prepared and negotiated energy trading contracts, access to networks, storage, transportation, distribution, sale of energy and supply contracts, among others, in compliance with the Electric Industry Law and the regulations that apply in Mexico.

Our services cover the regulatory aspects of energy activities and the companies that engage in those activities, as well as the processing of administrative authorizations before the CENACE and the CRE, and we maintain an ongoing relationship with the regulatory bodies and the relevant authorities.

We frequently work with complex companies that have been in the same family for generations. Some are directed by siblings and many are consortiums of cousins. The majority are contemplating a transition toward more shareholder complexity, where a group of siblings or cousins will inherit the property jointly and need to understand what it means to be partners in a family consortium and organize themselves to govern their wealth effectively.

Many family businesses have entrusted us with their legal assistance, not only with respect to their own businesses, but also the structuring of the relations of the family with the company and within the family itself.

Providing this broad service we have collaborated in the expansion and consolidation of numerous family businesses.

The relationship between Etchegaray Abogados as advisers and the families for whom we act is unique. We are known not only for technical and legal quality, but also for our discretion and attention to confidentiality. Above all, we have had success in providing a high level of personal attention and service required to meet our responsibilities and satisfy the needs of our clients.

Our services include, among others:

The drafting of Family Protocols
Structuring of Partner Agreements
Restructuring of groups of family businesses
Design of governance structures
Analysis of tax optimization of family businesses and private clients
Succession tax planning

The goal of our immigration services area is to provide professional advice and specialized support in the immigration area to national and transnational companies, and to newly created businesses in the transfer of their executive and technical personnel and their families to Mexico, always safekeeping privacy, giving personalized and reliable treatment resulting in full satisfaction with the services requested of us.

Taking into account the new Immigration law, as well as the implementation of its Regulation, we advise our clients with the selection, management, processing and obtaining of their visas, complying with the legal guidelines for obtaining them and preserving their immigration status.

Other services we offer to our clients through our immigration area include:

  • Visas (for job offers, humanitarian reasons, family unity)
  • Obtaining the record of the employer’s registration in the Single Registry
  • Changes of immigration condition (Temporary Resident and Permanent Resident)
  • Exchange of immigration document
  • Replacement of immigration document
  • Immigration regularization
  • Renewals of visas
  • Permits to leave and return to Mexico
  • Legal Stay Certificates. Appeal
  • Notification of changes to the INM by foreign residents
  • Expansion of deadlines indicated in official notices

We offer comprehensive advice to national and foreign clients in everything related to your intangible assets, including trademarks, know-how, designs, artistic, literary and audiovisual creations, image rights, advertising and marketing.

Our services include the creation, registration and maintenance of intellectual property rights, domain names, management and use of databases.

In the transactional aspect, we provide advice in the preparation and negotiation of contracts for franchise, license, assignment, use and promotion of intellectual property and domain names, and for use, sale and purchase of databases.

We offer complete legal advice to clients specialized in international trade, transportation and logistics.

We support our clients with specific consultations in matters of logistics and transportation, and in foreign trade matters, suggesting solutions with respect to the obstacles companies face during their import and export operations.

We give advice on regulatory and contractual matters related to trucking and logistics. Among other services, we specialize in advising on:

  • Financing, leasing, and sale of vehicle fleets and rolling stock.
  • Concessions and authorizations for transport of goods and passengers.
  • Acquisitions and mergers of transport companies.
  • Goods transportation operators and vehicle leasing.
  • Highway and rolling stock transport insurance.
  • We offer comprehensive legal advice to clients specialized in international trade, transportation and logistics.

In Etchegaray Abogados we provide services to both Mexican and foreign clients so they may participate in the transportation industry in the country directly or indirectly, including the negotiations and defense of their interests before other actors and authorities.

We also offer specialized services and implementation of foreign trade and customs strategies with our clients, primarily in the following sectors and industries: automotive and auto parts, power, mining, toys, food, manufacturing, to mention a few.

We advise important local and international companies in a wide range of sectors such as automotive, pharmaceutical, energy, retail and construction, among others. The team has extensive experience providing advice on labor issues.

Our services offer the maximum versatility and specialty in the legal-labor and human resources area, including, among others:

  • Advice on the day to day business activities.
  • Labor contracts, bonuses and special labor conditions.
  • Remuneration and compensation systems (variable remuneration systems, flexible remuneration, stock and stock options, pension commitments).
  • Internal policies and protocols.
  • Suspensions and terminations of employment.
  • Top management: contracts, special agreements, indemnity and non-compete clauses, termination of top management.
  • Professional artists and athletes.
  • Equality plans.
  • Training plans.
  • Prevention of occupational risks.
  • Due diligence and advice on restructuring processes (purchases, mergers, spin-offs).
  • Legislative news.
  • Negotiation and management with unions for the execution of collective bargaining agreements and their respective resolutions.

In addition, through our labor area we support our clients with the design, promotion and implementation of comprehensive programs on labor, immigration and social security law for their work teams. We know that each client expects objective advice, proven strategies and professionalism, and therefore we offer complete, innovative and timely solutions, as well as practical solutions according to their labor needs, helping them make the best decisions for their businesses.

Our M&A team is expert in the planning and execution of acquisitions, mergers and spin-offs, both internally between companies of the same group, and between independent companies.

The experience of the firm in this area ranges from advising our clients in minority investments in family companies, to the merger or acquisition of control of companies, involving ourselves in the purchase and sale processes and in the negotiation of the agreements necessary for the good outcome of the transactions, participating in the design, selection and implementation of the structure.

We have worked on processes of acquisition, merger or spin-off of all types of companies, businesses, assets or production units, for private and public companies, financial investors and private equity. We also participate in bilateral or multilateral direct negotiation, and in competitive processes and we advise on all the legal aspects and the necessary processes for the proper development of the transaction.

Our specialties include:

  • Comprehensive advice in the due diligence processes of companies;
  • Design and execution of the investment and divestment operations of companies;
  • The preparation and negotiation of stock purchase agreements also known as “SPA”, of investment, participation and similar ones;
  • The documentation of the specific acquisition or merger;
  • The handling of the necessary governmental authorizations; and the negotiation and documentation of any financing;
  • Corporate restructuring, advising on the sale of assets, bankruptcy, financial processes and analysis of guarantees in case of insolvency.

We have extensive experience representing national and international clients, and we offer permanent advice to buyers, sellers and investors in important, complex cross-border transactions.

We participate in highly complex real estate transactions that require great specialization, providing advice in the different areas of real estate activity: purchase and sale of property and real estate companies, leases, promotion and construction contracts, real estate financing and legal configuration of large properties. More than 50% of Mexican territory is ejidal land, the rest is private property. Therefore, it is very important to determine the legal status of the property subject to any purchase and sale transaction.

Our activities include the review and analysis of the ownership history and other documentation; the evaluation of environmental, administrative, agrarian, litigation or any other aspects that could have an impact on the design and validation of the transactions; the generation of strategies to carry out developments of all kinds, as well as the negotiation of the necessary agreements and the follow up on the actions necessary to complete each deal (compliance with conditions, obtaining permits, licenses, authorizations, filings, etc.).

In Etchegaray Abogados, as a multidisciplinary firm, we complement the sectoral experience with advice in the other legal specialties that can be affected. We advise on competitive sale processes or ordinary purchases, sale & lease back transactions, purchase and sale of properties under construction and forward-funding, as well as on the regularization of real estate portfolios for their subsequent sale or for optimization of the assets.

In agrarian matters, we also provide services for the investigation of the legal status of properties in the National Agrarian Registry, the review of ejido files, obtaining parcel certificates and preparation of contacts and minutes in agrarian matters.

Our real estate law area also has a team specialized in property management, where we provide lease administration services (see below).

We invite you to learn more about our services. We have a professional and skilled team to meet your expectations in all matters regarding the sale, lease and management of warehouses, horizontal property and housing.

Below are some of the primary advantages we offer through the comprehensive administration of your lease agreements:

  • The drafting of lease agreements under the current regulations.
  • Personalized attention for the search for the tenant-client or housing-warehouse.
  • Control of collections and payments.
  • Notification to the tenant of the annual increases in rent based on the consumer price index in the case of housing or as stipulated in the lease agreement.
  • Management of the process of returning housing in the initial state in which it was leased.
  • Control of the payment of the rent by the tenant.
  • Management of any incident that may arise on the property or with the tenant.

We provide the legal support necessary for a company to successfully complete its installation process in Mexico. We have extensive experience in these types of processes, with dedicated and professional personnel, who have helped to smoothly install a large number of international companies in Mexico. Our assistance spans from the selection of the type of commercial enterprise to incorporate in Mexico based on the client’s legal and commercial interests, to support in the day to day operations of the companies in the country.

In Etchegaray Abogados we know the installation periods are vitally important for companies, which is why we prepare a detailed timeline of activities together with one common objective: the date of startup of operations.

Our services are developed with an experienced team of professionals helping the investor to get established in our country safely and efficiently, assisting in all stages of the investment / installation process, from the site selection to the startup of the business, ensuring that the company meets its goal on time and in proper form.

Among other things, we support our clients with the incorporation of the company, real estate and environmental due diligence of the site in the project involved, the drafting and negotiation of construction projects or any other related contracts, individual and collective labor agreements, obtaining work visas for expats, logistics and documentary coordination for the import of machinery and equipment, and in general any legal requirement the company needs that ensures its proper installation in our country.

We offer specialized and efficient advice for the design of trusts and the drafting of contracts, based on the specific needs of each client and project.

In Etchegaray Abogados, we support our clients in the creation of security mechanisms with respect to the payment obligations of their borrowers, undertaking to enforce such guarantee in case of default according to the agreed procedure.

For this purpose, Etchegaray Abogados has an independent Trust Institute, duly registered before the National Commission for the Defense of Users of Financial Services (CONDUSEF).

What do we do?

Through our trust entity we specialize in providing trust services focused on pure, patrimonial, food and real estate development guarantee trusts, and escrow services through a trust, having extensive experience in the area.

Among the benefits these types of trusts offer our clients is the establishment of an extrajudicial enforcement procedure, as well as the creation of an autonomous patrimony, in view of the transfer of ownership to the trustee.

You will find more specific information in our section: TRUST SERVICES. If you are interested in our trust services or have any questions you may send us an email to the address: contacto@etchegarayabogados.com

Sectors

Each of our experts knows each sector in depth and implements the highest quality legal services for our clients.

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