Areas of Practice

AREAS OF PRACTICE

At Rivadeneyra, Treviño & De Campo, S.C., we are committed to helping our domestic and international clients develop their projects efficiently by integrating our areas of practice to offer them legal solutions tailored to their company’s sector.

Consult the services we can provide you in each of our areas of practice.

LEGAL AUDITING

Legal audits have become one of the best prevention tools for companies, since a thorough study of corporate documents helps to identify potential contingencies that could affect a business.

At Rivadeneyra, Treviño & De Campo, S.C., we bring together all of our specialized areas to analyze, identify, and diagnose your company. The diagnosis we deliver will show the areas of opportunity for your company, whether related to labor, environmental, administrative, corporate, intellectual property, or contractual matters, among others.

Our analysis will not only acknowledge the potential risks, but also the solution to those risks.

The Legal Auditing Area carries out the following activities:

Qualifying the legal status and corporate status of companies.
Identifying areas of risk through the analysis of corporate documents, procedures, licenses, at-risk contracts, and legal compliance in other areas of the law.
We bring together all our specialized areas to analyze, identify, and diagnose your company.

FOREGIN TRADE AND CUSTOMS

At Rivadeneyra, Treviño & De Campo, S.C., our Foreign Trade Area can offer you specialized consulting and advising for your import/export operations, with the primary objective of obtaining the maximum customs and tax benefits based upon the applicable foreign trade legislation.

The Foreign Trade and Customs Area carries out the following activities:

Counsel on foreign trade matters and customs-related administrative procedures.
Export and/or competitiveness stimulation programs such as IMMEX and PROSEC.
Administration of the ‘Anexo 24’ Inventory Control System.
Import/Export Projects and Permits – Import/Export permits from the Secretariat of the Economy, Secretariat of Health, and Secretariat of Agriculture, among others.
Registration with the General and Sector-Specific Importer Registries of the Secretariat of the Treasury and Public Credit.
Comprehensive Logistical Services – Bonded warehouses; customs agencies; domestic and international carriers; Accredited Verification Units (UVA).
Handling of foreign trade taxes (IGI, IGE, DTA, and VAT, among others).
Legal defense in foreign trade matters.

Counseling and application for registration with the Company Certification Scheme under the VAT-IEPS, Authorized Economic Operator, and Certified Commercial Partner formats.
Counsel and handling of C-TPAT certification.
Search for clients and/or suppliers abroad or in the domestic market.
Preparation of fixed-asset inventories and information cross-checking against commercial orders and/or invoices, in order to accredit the legal stay and possession of foreign-origin merchandise.
Correct use of the applicable Free Trade Agreements and Treaties.
Acknowledgement and proper application of rules of origin.
Correct application and filling out of certificates of origin.
Preventive and corrective foreign trade audits, both in print and electronic formats.
Foreign trade training programs focusing on any of the aspects mentioned here or requested by the client.
Counseling and application for registration with the Company Certification Scheme under the VAT-IEPS, Authorized Economic Operator, and Certified Commercial Partner formats.
Counsel and handling of C-TPAT certification.
Search for clients and/or suppliers abroad or in the domestic market.
Preparation of fixed-asset inventories and information cross-checking against commercial orders and/or invoices, in order to accredit the legal stay and possession of foreign-origin merchandise.
Correct use of the applicable Free Trade Agreements and Treaties.
Acknowledgement and proper application of rules of origin.
Correct application and filling out of certificates of origin.
Preventive and corrective foreign trade audits, both in print and electronic formats.
Foreign trade training programs focusing on any of the aspects mentioned here or requested by the client.

We can offer you specialized consulting and advising for your import/export operations, with the primary objective of obtaining the maximum customs and tax benefits based upon the applicable foreign trade legislation.

COMPLIANCE AND MONEY LAUNDERING PREVENTION

Compliance consists of establishing proper and sufficient policies and procedures to encourage high ethical standards and good corporate practices that adhere to the applicable legislation and standards, to ensure that a company (including its directors and employees) knows and complies with same, thus combatting illicit activities.

The Compliance and Money Laundering Prevention Area carries out the following activities:

Support for training directors and employees on compliance with standards and legislation and with good corporate governance practices.
Support with the documentation of risks and/or vulnerable activities.
Support with the documentation of mechanisms for overseeing, supervising, and auditing legal compliance in the areas where risks have been identified.
Support with the preparation of communication campaigns for all company personnel (officials, employees, and union members).

Support with the preparation and/or adaptation of a company’s Code of Ethics.
Support with the preparation and implementation of whistle-blowing channels.
Training courses and workshops regarding the identification of risks and the prevention of criminal liability.

Our attorneys analyze the proposed operations of your company in Mexico to identify the applicable requirements to be fulfilled.

CONTRACTS

This division of the Corporate Law Area specialized in contractual operations. Our principal objective is to give our clients the security and confidence that their matters and business will be reviewed in a timely, professional, and orderly manner by expert attorneys who understand the various way to operate in Mexico and who will present a tailored strategy for any of your commercial operations. We will strive to structure a contract in the best way possible to ensure the proper defense of your interests.

With respect to franchises, we develop a legal package that integrates this successful business model. The franchise contract is the key element of this system, and thus requires preparation by an expert. Our specialized attorneys serve as part of the external legal staff for many franchises, and are in charge of presenting the legal model to investors and negotiating the entire system, including follow-up on the timely fulfillment of obligations, obtaining of bonds, application of sanctions, etc.

The Contracts Area carries out the following activities:

Advising regarding contract law.
Preparation of all manner of contracts and agreements (civil, commercial, banking, etc.).
Development of draft agreements, letters of intent, and proposed contracts.
Preparation of high-risk contracts.
Preparation of atypical contracts.
Administration of contracts and legal documents in general.
Preparation of all manner of legal opinions regarding contractual operations.
Legal auditing of contract operations.
Legal development of purchase orders.
Preparation of terms and conditions for the purchase and sale of products and services.

REGULATORY LAW

The Regulatory Law Area covers all governmental actions, and thus it is important to be familiar with, understand, and interpret such actions in order to know what obligations and rights your company has with respect to the three levels of government (federal, state, and municipal).

Our attorneys analyze proposed or existing operations to identify the requirements, licenses, and permits your activity requires, in order to establish the best strategy for your operations with respect to the authorities.

In similar fashion, we negotiate and manage before the applicable authorities any administrative procedures that may be brought against your company based on its operation.

The Regulatory Law Area carries out the following activities:

Advising and preparation of documentation to obtain concessions, licenses, and permits from the three levels of government.
Preparation and filing of reports and records with the applicable federal, state, and municipal government agencies.
Preparation and presentation of reports and registrations with federal, state, and municipal agencies.
Advising with respect to natural resources.
Administrative litigation.
Appeal proceedings.
Nullification proceedings.
Injunction petitions.

CORPORATE LAW

The Corporate Law Area offers to its domestic and international clients various legal services required by small, medium, and large companies.

Our attorneys are prepared to advise clients on matters ranging from the chartering of all manner of civil and commercial partnerships and corporations, advising entrepreneurs on how to keep their corporate books current, and giving specialized legal counsel to determine the best manner for increasing capital stock, developing merger or break-up processes, and carrying out share purchase or sale transactions, among other aspects.

They also provide detailed counsel on corporate legal matters to document all manner of shareholder agreements, negotiations with shareholders and investors for the chartering of corporations, and the formation of corporate governance structures and the reform thereof.

We also participate actively in shareholder meetings and board meetings to recommend how best to conduct same.

In addition, we participate in the process of formally recording agreements with notaries in order to expedite such procedures to the benefit of our clients.

Constant practice and the ongoing education of our attorneys allows us to serve clients whenever they so require, from the commencement of their business through the changes and adaptations required by the day-to-day life of the company.

The Corporate Law Area carries out the following activities:

Chartering of commercial corporations and civil partnerships.
Corporate bookkeeping in accordance with the General Commercial Corporations Act.
Preparation of regular and special shareholder meeting minutes.
Issuance of share certificates, indentures, and special actions.
Preparation of corporate book entries.
Formation of consortiums.
Transformation, merger, break-up, and liquidation of corporations.
Mergers and acquisitions.

TAX LAW

Periodic reforms and new tax burdens require taxpayers to stay updated in order to avoid non-compliance and the risk of being subject to sanctions.

Tax audit proceedings are becoming ever more frequent and complicated. The technological tools available to the authorities are quite sophisticated and, together with the cross-checking of data with financial institutions and other taxpayers, allow them to quickly and accurately determine a taxpayer’s fiscal status.

For this reason, our clients need timely and professional assistance in tax matters in order to have legal certainty and security with respect to their decisions regarding their companies and business operations.

The Tax Law Area carries out the following activities:

Comprehensive tax consulting.
Analysis of fiscal legislation in order to determine the constitutionality thereof.
Review, planning, and strategy regarding fiscal contractual operations.
Nullity claims before the Federal Court of Administrative Justice.
Administrative appeals before fiscal and social security authorities.

Fiscal and administrative injunction proceedings.
Consulting in fiscal and social security matters.
Procedures before fiscal and administrative authorities.
Fiscal advising regarding loan operations, share capital increases, and contributions for future capital increases (integration of support documentation).

REAL ESTATE LAW

Over 50% of Mexican territory is held by agrarian communes (ejidos), with the remainder being private property. For this reason it is highly important to research the legal status of a property subject to a purchase or sale operation.

Our goal is to ensure that you, as buyer or seller, have the greatest legal certainty possible before, during, and after the purchase or sale operation.

Our attorneys are highly specialized to perform the preparatory work for the legal conversion of the property the client wishes to acquire.

The Real Estate Area carries out the following activities:

Legal counsel on the acquisition of all manner of real property located within restricted zones (coastlines and border zones).
Development of all manner of trusts for acquiring all types of real property.
Investigation of the legal status of properties through the National Agrarian Registry.

Review of basic agrarian commune (ejido)
Preparation of settlement recognition meeting minutes and adoptions of full domain.
Obtaining of land certificates and property titles.
Preparation of contracts regarding ejido property (assignment, usufruct, disposal, etc.).
Negotiation for the purchase of ejido land and private property.

INTERNATIONAL PRIVATE LAW

We are specialists in international transactions, whether from Mexico outward or vice versa. We handle the requirements of all manner of international transactions, including international contracts, international consortia, the use and protection of intellectual property in any country, etc.

We have over thirty years of experience helping foreigners to get established in Mexico.

The Industrial and Intellectual Property Area carries out the following activities:

Negotiation of international contracts, including distribution and purchase/sale contracts.
Negotiation and documentation of international transactions.
Representation of foreign companies in Mexico.
International consortia.

LABOR AND SOCIAL SECURITY LAW

The Labor Law Area offers our clients the necessary support for hiring, administration, and termination of labor relations with their personnel.

Our attorneys are prepared to provide ongoing counsel in preventive, corrective, or contingent phases, with the capacity to address individual, collective, or administrative matters before the labor authorities and social security institutions.

The principal mission of our Labor Law Area attorneys consists of anticipating any conflict that could arise with the labor authorities, social security institutions, unions, and even the workers themselves, collaborating proactively with our clients to review the documentation that supports existing labor relations and the level of compliance with the applicable obligations derived from the various legal ordinances regarding general working conditions, training and formation, and even safety and hygiene. These efforts include the preparation, registration, and application of internal labor rules and the management of the joint committees regulated by the Federal Labor Act.

We also have the capacity to represent our clients before the country’s Federal and Local Conciliation and Arbitration Boards to address and follow up on individual and collective labor proceedings, whether due to unjustified termination, labor contract rescission, death of a worker, payment of benefits, conciliation, separation, calls for strike, and proprietorship demands, among others, as well as to support the execution, negotiation, and review of collective bargaining agreements with unions that represent our client’s personnel.

The Labor Law Area carries out the following activities:

Consulting services in labor law and social security matters.
Collective and individual labor law.
Prevention of labor conflicts and risks.
Litigation and special procedures before the labor courts.
Training regarding Mexican labor law.
Planning and implementation of labor strategies and structures.
Compliance with internal labor obligations and regulations.

IMMIGRATION LAW

Processing, obtaining, renewal, and conversion of immigration forms for temporary and permanent residency so that our foreign clients may remain in the country legally.

We support companies by processing immigration applications for their directors, advisors, legal representatives, and technical specialists, as well as their families. We normalize the migratory status of persons who lack the necessary documentation to accredit their legal stay in the country. In addition, we process dual nationality applications and all the processes a foreigner needs to reside in the country on a temporary or permanent basis.

The Immigration Law Area carries out the following activities:

Obtaining Employer Registration Certificates.
Updating Employer Registration Certificates.
Authorization of Employment Offer Visas.
Authorization of Family Reunification Visas.
Change of migratory status to Temporary Resident for Family Reunification.
Change of migratory status to Permanent Resident for Family Reunification.
Change of migratory status from Temporary Resident Student to Temporary Resident with Work Permit.

Change of migratory status from Temporary Resident to Permanent Resident.
Conversion of Multi-Purpose Migratory Form to obtain a Temporary Resident Card.
Conversion of Multi-Purpose Migratory Form to obtain a Permanent Resident Card.
Replacement of migratory documents due to loss, theft, or damage.
Notification of change of place of employment.
Notification of change of address.
Notification of change of nationality.
Notification of change of civil status.
Normalization of migratory status due to expired documentation or unauthorized activity.
Normalization of migratory status to Temporary Resident for Family Reunification.
Application for Exit and Return Permit.
Request for Migratory Status Certification

MERGERS AND ACQUISITIONS

We counsel in the field of corporate law regarding commercial company mergers, be it through acquisition or the creation of a new company. We also counsel in the field of corporate and contract law regarding the acquisition of commercial companies through the purchase of shares or assets, all in accordance with the respective corporate by-laws, the General Commercial Corporations Act, and other applicable commercial legislation.

This process is implemented by way of a legal due diligence process in which all areas of Rivadeneyra, Treviño & de Campo, S.C., participate to determine the status and risk of the companies subject to merger or acquisition.

We oversee compliance with all statutes applicable to all areas of the client’s project to ensure the elimination of any legal risk during the installation process.

INTERNATIONATIZATION

In the current global market a company’s performance can not be limited only to the domestic market. Entering international markets, however, demands extensive planning and resources.

Rivadeneyra, Treviño & de Campo, S.C., has the experience needed to provide consulting services and counsel for the strategic development of company internationalization.

Accompanying our clients at every step, from planning through execution, we provide logistical, legal, and tax solutions that provide support to the internationalization strategies in the destination country, thus offering security and confidence for our clients by placing in their hands our network of contacts to help them access the target market. We have strategic alliances in several countries to support your internationalization plans.

The Internationalization Area carries out the following activities:

Scheduling of tailored business agendas and proper follow-up on same.
Coordination for participation in domestic and international business expos.
Commercial Missions: Organization and scheduling of technical or commercial visits for specific corporate groups in Mexico and abroad.
Follow-up on prior commercial introductions
Market research and studies.
Analysis of the competition.
Search for distribution channels.
Selection of distribution networks for marketing your products.
Identification of partners for investment projects and commercial contacts.

FOREGIN INVESTMENT

We have a team of proactive attorneys with ample analytical capacity and a refined sense of commitment to orient our clients regarding compliance with Mexican legislation, specifically the Foreign Investment Act and the Regulations thereto, to ensure fulfillment of all obligations inherent to their business activity.

The Foreign Investment Area carries out the following activities:

Guidance for the investments planned by our foreign clients.
Advice for complying with the legal provisions to which their commercial activity is subject.
Advice for foreigners regarding how to acquire real estate in restricted areas within Mexico.
Registration with the National Directorate of Foreign Investments.
Procedures with the National Registry of Foreign Investments.
Preparation of proposals and applications.

LITIGATION

When our clients face legal problems at the individual or corporate level, we advise them to determine the best solution to protect their legal and economic interests. We are specialists in handling high-risk matters.

The Civil, Commercial, and Criminal Litigation Area carries out the following activities:

Civil and Family Matters.
Criminal Matters.
Commercial Matters.
Amparo
Injunction Proceedings.
Commercial Mediation and Arbitration.
Insurance and Warranty Bonds.
Procedures with the Federal Consumer Protection Agency (PROFECO) and the National Commission for the Protection and Defense of Financial Service Users (CONDUSEF).

INDUSTRIAL AND INTELLECTUAL PROPERTY

The competitive advantage of a business depends to a large extent on its trademarks, which is why our attorneys are prepared to ensure the protection, proper and timely registration, and management of our clients’ trademarks, thus protecting their most valuable assets.

The experience of our Intellectual Property Area attorneys provides our client the confidence and tranquility they need to fulfill their objectives. The ongoing education of our attorneys updates their skills on an ongoing basis, giving them the technical and practical knowledge needed for comprehensive professional development, thus allowing them to work as a team with our clients, helping them to better understand their needs and feel that their most important asset, their intellectual property, is continuously protected.

The Industrial and Intellectual Property Area carries out the following activities:

Searches for existing trademarks, advertising slogans, and patents.
Registration of patents, drawings, industrial models, invention improvements, trademarks, commercial notices and names, designations of origin, and plant varieties.
Change of denomination for plant varieties.
Agreements for the licensing and assignment of rights to use industrial property, plant varieties, technical assistance, and technology transfers.
Registration of intellectual works and reserves to protect copyrights.
Contracts for the editing of literary works, phonograms, and videograms.
Protection of industrial and intellectual property rights through the administrative courts.
Litigation concerning any aspect of intellectual or industrial property.

CROSS BORDER INVESTMENT

Mexico attracts a large flow of direct foreign investment, much of it in the manufacturing sector. As a result, many companies come to Mexico in order to access the domestic market and/or benefit from the international commerce derived from multiple treaties and trade agreements and from Mexico’s privileged geographical location.

The Cross-Border Investment Area provides the necessary legal support to successfully establish companies in Mexico. We have extensive experience with business start-up procedures, and our dedicated and professional personnel have helped to install many international companies in Mexico in a satisfactory manner.

At Rivadeneyra, Treviño & De Campo, S.C., we are aware that the duration of start-up processes is vitally important for a company, which is why we prepare a detailed timeline of activities together with the client with a common objective: the operations start-up date

Our services are provided by a team of experienced professionals who help investors to establish operations in Mexico in a secure and efficient manner, addressing every phase of the investment and installation process, from site selection through plant start-up. We ensure that the company fulfills its objective on time and in good form.

Our services cover all pre-operations aspects such as site selection, management of governmental incentives for investing at the federal, state, and municipal levels, drafting and signing of agreements with the authorities, and all legal aspects required by the project, such as chartering the company’s Mexican affiliate, due diligence analysis of the site’s legal and environmental status, negotiation and drafting of construction and other related contracts, as well as individual labor contracts and collective bargaining agreements, obtaining of work permits for foreigners, coordination of logistics and documentation for importing machinery and equipment, and in general any legal requirement the company needs to ensure the proper start-up of its project in Mexico.

We oversee compliance with the statutory provisions applicable to all facets of the project, thus ensuring the elimination of all legal risks during the installation process.

AREAS OF PRACTICE

LEGAL AUDITING

PRACTICE AREAS