PRACTICES

Administrative, Tax and Customs Litigation

The lawyers in the Administrative, Tax and Customs Litigation team have a high degree of specialization in the attention of officious administrative procedures or compulsory pronouncement, such as audits and inspections carried out by administrative authorities to monitor compliance of obligations.

In addition, we specialize in the litigation of administrative acts that are adverse to the legal and patrimonial interests of our clients. To accomplish it, we benefit from several instruments provided by law, being conciliatory procedures, administrative consultations, appeals, nullity and “amparo” actions.

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Legal Advice related to the fiscal, administrative, customs and foreign trade field.

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Administrative, fiscal litigation (federal domestic taxes, social security contributions and foreign trade taxes), and customs.

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Amparo trial in Administrative and tax matters.

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Support and advice on legal compliance as well as in the process of on-site regulatory audits practiced by government examiners.

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Administrative procedures before federal, state and municipal authorities (administrative consultations and defenses, procedures for return and compensation of government charges, audits and inspections of federal and local administrative authorities acting under collaboration agreements).

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Filing administrative appeals related to authorizations and permits pertinent to federal, state and municipal administrative authorities.

Civil and Commercial Litigation

The lawyers that make up our Civil and Commercial Litigation section have extensive experience in dealing with judicial and extrajudicial disputes (alternative dispute settlement, private negotiations, and private arbitration).

We distinguish ourselves by implementing strategies and measures aimed to promptly, effectively and successfully conclude the legal issues in civil and commercial law matters of our clients. To accomplish it, we implement cutting-edge methods and approaches to enter negotiations, lobbying, judicial and extrajudicial proceedings to satisfy the legal and patrimonial interests of our represented and clients.

 

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    Compliance.

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    Execution of credit titles, executive titles and guarantees.

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    Lease disputes.

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    Mortgages

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    Corporate disputes.

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    Execution of trusts.

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    Prescriptions.

    Labor Law

    The lawyers who head the FCA Labor Law area have a high degree of professional specialization and a preventive philosophy to avoid and reduce the risk of labor contingencies to which our represented and clients are exposed. We offer and implement preventative measures of corporate nature that range from the analysis of the corporate structure, to the restructuring of contractual relationships with the suppliers and collaborators of our clients.

    In addition to the above, we are experts in the employer’s defense before the administrative and judicial authorities regarding conflicts or controversies of which they are subject, for which, we use innovative, effective and cogent methods and strategies of labor litigation.

     

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    Design and implementation of strategies to reduce risks and labor lawsuits.

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    Review and, if appropriate, restructure labor instruments.

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    Comprehensive monitoring of ordinary and extraordinary inspections carried out by the Department of Labor (Secretaría del Trabajo).

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    Conciliations and attention to summons before the Office of Labor Defense (Procuraduría de la Defensa del Trabajo).

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    Employer defense.

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    Labor union negotiation.

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    Pro-bono services to employees in vulnerable conditions.

    Corporate Law

    We are specialists in providing corporate services to Mexican and foreign corporations, advising them on the incorporation, merger, split-off and transformation of companies; design and implementation of Corporate Governance and Best Practices, counterweights and allegiance policies, agreements between partners; constitution of trusts, joint venture contracts and any other legal mechanisms that prevent conflicts with our client stakeholders, as well as legal and patrimonial contingencies in the development of their businesses.

    Our firm offers services of analysis, structuring or restructuring of the corporate platform of companies, guaranteeing the legal efficiency for business performance, according to the company’s applicable law.

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    Design of legal structures for companies.

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    Public Faith Services by the Commercial notary number 78 of Jalisco, who is also Name Partner of the Firm, Daniel Castillo.

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    Design and implementation of corporate governance.

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    Drafting, review, negotiation and formalization of all types of contracts.

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    Formulation of corporate instruments (shareholder meetings, board meetings, notice of meeting and minutes)

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    Timely follow-up of corporate acts, verifying compliance with the provisions established in the applicable regulations, in order to prevent unnecessary contingencies and litigation.

    Anti-Money Laundering and Compliance (Financial Law Standards, Anti-Money Laundering Law and International Corporate Standards.)

    In our section on Prevention of Money Laundering and Compliance, headed by specialized lawyers, we take care on fully advise our represented and clients who are obliged subjects in the terms of the laws and AML in strict sense, in a preventive as in a corrective approach.

    In order to achieve this, we implement mechanisms to comply on schedule with the general norms and internal provisions to which our clients are bound, considering international treaties and actions regarding AML, as well as domestic standards.

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    Filing reports to the authorities of the financial Mexican system (CNBV and CONDUSEF.)

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    Advice for the design, implementation or strengthening of risk models through a Risk Assessment Methodology of Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT).

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    Preparation and update of policies, measures, criteria and Internal Procedures for the Prevention and Identification of Operations with Resources of Illicit Origin. (Compliance Manual).

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    Review of controls to assess compliance with national regulations and international standards.

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    External audit regarding AML/CFT.

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    Advice on the compliance of obligations related to “Vulnerable Activities” in compliance with AML law.

    International Corporate Law and Foreign Investment

    Our international corporate law section, leaded by specialized lawyers, has a high degree of preparation in international trade agreements, foreign and cross-border rules and standards (specially from North America) as well as their effects and transcendence in the Mexican legal system.

    Our services are focused in implementing and improving corporate structures and groups of companies of our clients in Mexico and other countries, as well as structuring the legal entities or agreements suitable for our Mexican clients to conduct business abroad and/or with foreigners.

    Likewise, our foreign investment area has the experience to advise our clients in legal and normative compliance for foreigners who do business and investments in Mexico, either through Mexican or foreign companies, trusts and any other type of entity.

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    Draft, review, negotiation and formalization of all kinds of international agreements, with the possibility of providing such services in English.

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    Advice on legal compliance regarding Foreign Investment.

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    Certified translation of documents from the Spanish-English languages ​​and vice versa.

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    Incorporation of entities in the United States of America, as well as monitoring and documenting corporate acts thereof.

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    Advice on international taxation, especially in the application of Conventions for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income that Mexico has celebrated with other countries.

    Intellectual Property

    FCA Fernández y Castillo Abogados has a team of law professionals trained and experienced in the planning and execution of legal strategies focused on contingency prevention and the wide and precise protection of distinctive signs, inventions, and copyright. 

    In terms of distinctive signs, we offer a full range of services ranging from a trademark application in Mexico to the management of business trademark portfolios in Latin America, the United States, Canada, and Europe. 

    The lawyers who make up the Intellectual Property department are distinguished by the implementation of technical-legal knowledge and innovative ideas, which has allowed them to obtain registrations with a high degree of difficulty, even successfully achieved the declaration of notorious and famous trademarks in Mexico. 

    Our services are oriented to assist our clients in a personalized way in order to correctly guarantee each of the industrial and copyright property rights granted to them by the Law, guaranteeing them to obtain at all times the exclusive prerogatives and privileges of: 

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    Registration of trademarks, slogans and trade dress

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    Trademark portfolio management and other intellectual property rights 

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    License and franchise agreements

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    Assignment of rights

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    Declaration of Notorious, reputed and famous trademarks.

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    Madrid Protocol for the International Registration of TradeMarks

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    Reply to authority requirements

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    Third-party oppositions

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    Requests for an administrative declaration of invalidity and revocation

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    Registration of patents, utility models and industrial designs

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    Registration of artistic and literary works, as well as the reservation of rights

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    Advice to artists, musicians and creative professionals from all areas

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    Custom-made contracts

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    Contracts for artistic representation

    Phone numbers:

     (+52) 33 3610 1817

    (+52) 33 3610 2365

    Our offices are located at

    Av. Royal Country 4650 Piso 17
    Puerta de Hierro, CP: 45116
    Zapopan, Jalisco