Business Start-up, Compliance and International Trade

Yes – we will incorporate your Mexican companies efficiently and quickly (and yes, we can offer to take care of that at a fixed rate). Let us advise on the best Mexican vehicle that suits your needs, work in its appropriate structuring, and adopt any particular business governance and compliance language which your business has setup as a global standard. We will also prepare all the minutes and resolutions which are needed for that transaction, and we will certainly take care and custody your corporate books and records for you. We can draft your Privacy Policy and your Anticorruption Policy in terms of the applicable Mexican laws. Need an import/export program? Let us help. Taking advantage of NAFTA or USMCA? Let us advise you. We also maintain (and, if required, update) your company in good standing year after year.

Our firm only practices Mexican law. Attorneys in our U.S. Representative Office in Houston are only authorized to practice Mexican law, and are not authorized to practice Texas law.

Services and related transactions

  • Designing, creating and implementing specialized corporate bylaws and shareholders’ agreements in connection with special economic and corporate rights, such as tag-along and drag-along rights, special voting rights, as well as share transfer restrictions, non-compete and non-solicitation obligations, among others.
  • Advising and designing a Mexican Investment Promotion Company (SAPI) for a US-based company who was formalizing a joint venture with a Mexican partner.
  • Designing, creating and implementing corporate structures for foreign companies and individuals with operations in Mexico, or planning to start operations in Mexico.
  • General legal advice to a number of U.S.-based companies in connection with their agreements related to the companies’ start-up operations in Mexico.
  • General import/export advice, application filing, follow-up and day-to-day legal compliance to a number of Mexican companies under this respective import/export and incentives programs.
  • General legal advice to an important Asian-based company in connection with its business start-up in Mexico, within a number of different areas of law.

Registration in the General Importers’ Registration, and the Specific Sectors’ Importers’ Register.

  • General import/export advice, application filing, follow-up and day-to-day legal compliance to a number of Mexican companies, or Mexican subsidiaries of foreign companies, under this respective import/export and incentives programs.

Advising in the Availability and Access to the Import & Export Incentives’ Programs Available in Mexico.

  • General import/export advice, application filing, follow-up and day-to-day legal compliance to a number of Mexican companies under this respective import/export and incentives programs.
  • General advice to Trafocomp OY on several matters related to its Mexican business start-up, including import/export programs, operating permits and immigration issues.

Business and Tax Planning and Structures.

  • Advising on potential joint liability for taxes between JV partners or between buyer and seller in an acquisition transaction.
  • Designing, creating and implementing corporate structures for foreign companies and individuals with operations in Mexico, or planning to start operations in Mexico.
  • General legal advice to an important Asian-based company in connection with its business start-up in Mexico, including certain pre-operative aspects in Mexico, and its tax structure.
  • General legal advice to a number of U.S.-based companies in connection with their agreements related to the companies’ start-up operations in Mexico.
  • General advice to Trafocomp on several matters related to its new operations in Mexico, including import/export programs, operating permits and immigration issues.

Advising in the Application of Immigration Permits.

  • General advice to Trafocomp OY on several matters related to its new operations in Mexico, including import/export programs, operating permits and immigration issues. 

Data Privacy Law.

  • Advising and designing tailor-made Privacy Policies for compliance with data protection regulations in Mexico and advising national and international companies in the implementation of such policies in accordance with their own operations.
  • Counseling on how to deal with ARCO (access, rectification, cancellation and opposition) rights under Mexican regulations, whether as data controller or data owner.
  • Analyzing and advising on potential data protection breaches and conflicts under Mexican law and the GDPR as it pertains to Mexican operations.
  • Drafting and negotiating different kinds of agreements dealing with the transfer of personal data or with data privacy issues.
  • Review of data privacy policies and data protection compliance of potential target companies as part of wide range due diligence processes.

Anti-Money Laundering.

  • Designing and implementing compliance policies for international and national companies carrying out vulnerable activities in Mexico, pursuant the applicable regulations.
  • Review of catalogues and applicable filings in terms of the applicable anti-money laundering regulations of potential target companies as part of wide range due diligence processes.
  • Design of compliance and filing policies for companies exposed to potential vulnerable activities in Mexico, in compliance with Mexican law.

Anticorruption Compliance.

  • Drafting and implementing anticorruption policies, or “integrity policies”, for a number of national and international companies for their operations in Mexico.
  • Revision and adaptation of global anticorruption compliance programs of a number of international companies for their compliance with applicable Mexican regulations.
  • Designing and counsel on the implementation of internal whistleblower and reporting systems, ethics codes and other policies and mechanisms to ensure their compatibility with Mexican law.
  • Review of anticorruption compliance policies of potential target companies as part of a wide range of due diligence processes.
  • Advised Archer Well Company in its review of certain of its Mexican partner’s operations under the FCPA provisions, and supported in designing a compliance mechanism and its implementation, including negotiations with the counterparty for documentation of an agreement between the parties.
  • Advised U.S. and U.K. based private and public companies in the implementation of anti-bribery provisions in the agreements in which they are parties, related with their direct or indirect operations in Mexico.

* For confidentiality purposes, we do not disclose the names of our clients in all representative transactions which are referenced above and within each of our practice areas.