2. Statutory Audit for Companies
3. Commercial Contracts
4. Labor Relations
5. Administrative Matters
6. Business Consulting
7. International Contracts
8. Trademarks and Patents
9. Tax Matters
10. Customs Law
11. Private International Law
12. Profeco (Consumer rights)
13. Real State
* CORPORATE LAW
5. Technology Transfer.
8. Foreign Investment
9. Statutory Audit for Companies
Statutory Audit for companies.
There are many reasons why a company requires a statutory audit, as is a particular event, such as an imputation or suspicion of misconduct on the part of employees or management; changes in management or other key personnel; a proposed merger or takeover another company; consolidation of a new legislation that is significant, or the adopted, and ¬adoption of new governmental regulations; initiation of an investigation or prosecution by the government; a lawsuit against the company; actual loss or very likely caused by a legal risk ¬you previously not perceived, etc. .
However, the majority of statutory audits, must be conducted in the ordinary course of business as part of an effective program of preventive legal profession, whose routine evaluations are usually as objectives among others, to develop or refine legal norms for the company's operations in the country or abroad, taking into account the applicable laws or regulations, or other political considerations, ethical, or economic; assess compliance with the applicable legal standards, such as the compliance with company policies; identify the areas in which the company is exposed to unnecessary legal risks, which requires a qualitative assessment of the structure, policies, procedures, contracts, and Other legal documentation of the company.
The statutory audit through the preventive legal profession recommends corrective measures to reduce or eliminate the risks; confirms if the company receives all the benefits you're entitled to as are the incentives for investment, tax breaks, and so on; evaluates the legal services provided to the office or branch in abroad such as cost, quality, timeliness, level of customer satisfaction, and the appropriate use of legal resources, and so on; reviews transactions or specific events that have led to loss or who have positioned the company in danger, and suggests an action that the remedy, in order to prevent similar problems in the future.
Currently, entrepreneurs and the society require lawyers with a greater preparation, with knowledge of legal engineering, negotiation skills and techniques for lawyers, commercial arbitration, statutory audit for companies, to be in fitness to carry out strategic alliances, mergers and acquisitions between firms, according to the needs of legal consulting growing companies and the society itself.
The business owner must implement in your company on the rise, a program of statutory audit, through preventive legal profession, that would allow you to detect before that there is a legal problem or the violation of a legal provision that should play and that by default of which the authority would impose any penalty, fine, warning, or closure, that would be an impact on the economy of the company and in the image that you have this before the society, its suppliers and clients.
Preventive legal programs are recommended to existing companies or the ones that have an expansion project within a country or toward other countries, as well as multinational corporations with the purpose of establishing legal strategies, by virtue of the functions, acquisitions, joint ventures within the corporations.
The statutory audit is the tool of the preventive legal profession that allows the business to identify potential problems (risks) unnecessary legal that may arise, and allows you to set which are the measures aimed at eliminating or redo these, via the analysis of compliance with its obligations under the laws, regulations, circulars, contracts, and so on, to evaluate effect of establishing priorities and the ways to solve them by reducing the impact on it.
The common perception is still that lawyers must be called only when problems arise more that cannot be solved in any other way. This attitude does not allow companies to identify potentially serious legal problems in their states of training, when the solution could be relatively simple and inexpensive through the exercise of the preventive legal profession, which is an essential component of a good program of care and importance to the legal health of a business or institution.
The backlog of cases pending in almost all the courts, the high cost of legal representation, and the ripper impact of all court proceedings have occurred in civil lawsuits a disillusionment with the litigation as an effective means to resolve disputes and has led to many companies and institutions to realize that the money invested in preventive law programs to reduce the likelihood of legal disputes is a wise investment.
The lawyer of company, that designs and conducts a program of the preventive legal profession, uses the same professional and personal skills that a litigant expert. The analytical ability, knowledge of the issue and of the applicable law, the thoroughness, perseverance, ability to inspire confidence, and to communicate well, either orally or in writing, are features shared by the approach. The trial lawyer, takes the facts as found and then tries to get the best possible result, while the lawyer preventive identifies the desired outcome in advance and then help your customer to create facts that will produce that result.
Among the tools used by many companies to reduce the potential legal risks are the institutional policies and codes of conduct to establish the rules by which employees and representatives of the institution should be governed; educational programs that include seminars, employee handbooks and video presentations to teach the staff policies and codes of conduct of the institution, and to sensitize them in particular situations which could constitute a violation of the laws or institutional policies; rules for structuring operations, drafting documents, and so on; verification of compliance with the legal regulations and institutional policies; identify the areas in which the institution is exposed to unnecessary legal risks; recommend corrective actions; and lobbying and activities of Public relations to improve relations with the government officials and promote changes in the laws that adversely affect the business or activities of the institution.
The statutory audit is the tool of the preventive legal profession that allows the business to identify potential problems (risks), via the analysis of compliance with its obligations under the laws, regulations, circulars, contracts, and so on, to evaluate effect of establishing priorities and the ways to solve them by reducing the impact on it. In accordance with article 172 of the General Law of mercantile companies, it is the duty of every society, under the responsibility of their administrators, the submit annually to the shareholders' meeting, a report that includes at least one report of the managers on the progress of the society in the exercise, as well as on the policies followed by the administrators, and in his case, on the main existing projects; reports financial/accounting in which they are declared, and explain the major policies and approaches to accounting, financial statements at the end of the exercise, changes in the items that make up the social heritage, explanatory notes, and so on, and by circumstances that are ignored, the legal device that is she says, she has been interpreted narrowly, to In sum the compulsory annual report of the administration is constricts to the financial results, becoming omission of an important aspect, as it is the legal status that saved the company.
The statutory audit in a company it is of such importance that includes various items in those areas that you must perform, such as: Corporate Audit; real estate audit; labor Audit; Audit on litigation; Audit on credit, insurance, bonds and guarantees; Audit on permits, licenses, authorizations, and so on.; Audit customs and foreign trade; environmental auditing; certification audit of taxes; Audit in the field of industrial property, and so on.
The advantages of the implementation of the statutory audit of the company, did not end with the information for the assembly of partners, rather, are an essential element of support for the administration, as it possible to detect problems in early stages by facilitating their solution; generates, in your case, and the development of manuals of policies adopted by the administrative staff were not legal, to reduce the possibility of errors with projections judicial or administrative-contentious; provides the opportunity to train to the administrative staff, media controls and even to high-level executives, in topics that traditionally only contemplated in their accounting aspect (for example, social insurance, INFONAVIT, and so on. ); allow the correction or optimization of the contracts, agreements, and in General, legal acts concluded by and in the company; and in the case to be drawn up by an external lawyer, guarantees objectivity, impartiality, and even new perspectives in regard to the internal affairs of the company.
The statutory audit that is practiced in the companies, check licenses, concessions, permits, and so on, the compliance with the payment of taxes; see the affairs and documentation relating to labor relations within the company; with regard to the transfer of technology; trademarks, patents, contracts for the purchase and sale; analysis of the types of claims that gives the company and the best way to be guaranteed this; contracts of association in participation; analysis of Joint Venture; guarantees granted to the company or issued by it; surety and insurance; matters relating to the customs legislation; imports and exports; credit risk; social security; follow-up to litigation; analysis in their legal aspects of strategic alliances with other companies; verifies the environmental laws by Of the company in the state or country in which it is based, the participation and share transfer, and so on, taking into account since then, the magnitude of the company.
The result of the statutory audit is being brought to the notice of the company by what is called "audit report" and "opinion of the statutory audit", which is an information that accurately, technical and concise, contains as main parts the marking of those failures that have been found in the programs and procedures of the audited areas of the company, with an indication of the damage that are estimated to have caused or could cause; the application of the programs in relation to the objectives and policies of the company in each area that is subject to analysis; the recommendation of those cases in which suits you raise, reduce, modify, or delete certain objectives, strategies And policies by be considered unattainable, inadequate, outdated, indicating the reasons for this as well as the information of what it could not be audited and the reasons that prevented them from doing so.
This implies at the same time the delivery of the documents, forms, corrections of legal strategies and assuming that it is recommended that you use to the company in order to avoid or minimize legal risks to the maximum with all the ensuing consequences but should set the company necessary mechanisms to follow up and incorporate the result of the recommendations of the opinion of the statutory audit in each of the areas to which he was subjected, prepare documentation, contracts, and so on, in order to be used in the company and, in a future, establish departmental audits or areas to verify whether they have been met and implemented the recommendations of the audit report.
* CUSTOMS LAW
1. PAMA (Administrative Customs Procedure).
3. PITEX and Manufacturing.
4. Register of importers.
This Law Firm through our house of imports dedicated to trade relations in national and international import and export provides the tools necessary to make the foreign trade the basis of their development through a professional service at the best and lowest cost of the market, with customs agents’ partners throughout Mexico, advisers in logistics, general stores and tax deposit.
We have important strategic partnerships with companies providing dedicated services to the foreign trade, customs agencies, storing, loading-builders, coordinating the service with companies that have a wide experience in the handling and packaging of packaging, packaging and labelling for to get their products to their final destination in perfect condition, in a way that is efficient, safe and timely manner, in accordance with the requirement of our clients by giving the necessary follow-up to each project; guard and custody with general warehouses of tax warehouse that provides the greatest flexibility in the management of foreign trade operations of our clients, allowing release their goods from customs in a shorter period of time, for well check and label subsequently their goods in the home The taxpayer or a verification unit authorized, maintaining absolute control and attention at the reception, customs clearance and delivery of goods, to the extent of the needs of our customers.
The logistical process for the transfer of the goods of transportation - land, sea, air or rail-, is maintained through alliance with different land-transport companies, shipping companies, airlines and forwarders re load, both domestic and foreign with unbeatable shipping terms even the low-volume whose load meets with other customers to consolidate the container, and cheapen the land and maritime freight or air.
The intermediation in its import transactions is one of the main services provided by our trader, that their voter income general importers, as well as the sectoral patterns for those goods subject to the specific sectors, providing the services of customs agency in imports, exports, halted, regime change, storage and transport of their goods, with the following sectoral patterns: Pencils; diapers; textiles; electronics; footwear; toys; tools; rubber; school supplies and desktop; automotive; bikes; locks and padlocks.
* PRIVATE INTERNATIONAL LAW
- Migratory forms (FM2, FM3, FM9/, FMT, FMVC, FMN ).
- Representation before the Office of the Federal Consumer Office
- Administration services, promotion and sale of all kinds of Real Estate.