Our Services
Our clients see us as partners who care about their organizations and missions, and who provide the legal skill, proficiency and knowledge that they need in a timely, efficient, and practical manner.
FIDEICOMISOS
FIDEICOMISOS (ALSO KNOWN AS INDIVIDUAL TRUSTS) Without a doubt, the Fideicomiso is one of the most dynamic legal instruments in Mexico. And by contrast, it’s probably the document least understood by foreigners.
Article 27 of the Mexican Constitution grants to the Mexican Nation ownership of the land and water within the national territory, and provides that the Nation shall have the power to transfer ownership rights to such properties to private individuals, thereby creating private property.
Section I of Article 27 grants the right to acquire the dominion of land and water only to Mexican individuals and companies, and grants the government the discretionary power to grant the same right to foreigners, subject to the conditions that the foreigners agree with the Ministry of Foreign Affairs to consider themselves Mexican nationals with respect to the property acquired and not to invoke the protection of their home governments.
The Fideicomiso is the instrument used by the government to exercise its discretionary power permitting foreigners to acquire ownership rights to real estate property within the “restricted areas” of Mexico, granting the Trustee (a Mexican bank), legal title to the property for a determined period of time. In essence the beneficiary has the same absolute rights to use, benefit and enjoy the property as if it were in fee simple (direct) ownership. Defined under the Mexican Constitution, the “restricted” zone is the band 100 kilometers deep from any Mexican border, and 50 kilometers from any coastline. Because it is so long and narrow, the entire Baja peninsula is considered to be in the “restricted” zone and the Mexican bank trust (fideicomiso) is required for any non-Mexican acquiring residential property.
BUSINESS AND CORPORATIONS
Whether you are looking to establish or maintain an existing legal corporate entity, trust Carmen Nunez to deliver the expert advice you need. Creating a legal corporation in Mexico can present a formidable challenge. We are prepared to work alongside you with qualified, proven legal guidance. In order to select the appropriate corporate structure, you must carefully evaluate the fiscal as well as operational benefits of the planned business project.
Other legal services regarding corporations
- Setting up Mexican Corporations
- Creation of Civil Associations and Societies
- Drafting and Recording of shareholders meeting minutes
- Merger of Mexican Corporations
- Termination of Mexican Corporations
IMMIGRATION SERVICES
As part of our services, we will identify your current situation in order to offer the best option for obtaining immigration documents to foreigners visiting Mexico.
The immigration process in Mexico can represent a significant and time-consuming challenge for foreigners. Having an experienced legal advisor on your side can make all the difference, providing quicker results and less stress for you. Carmen Nunez Law Firm in San Felipe, Baja California has provided full-service business and individual immigration services for over 10 years. Providing personal, timely, and knowledgeable service. Our firm offers representation in cases involving family immigration, marriage visas, start-up investors and work visas, citizenship and more.
Temporary Resident Cards The temporary resident card is best for foreigners who intend to live in Mexico for more than 6 months but less than 9 months. In most cases, the immigration process begins with an interview at your country’s Mexican Consulate and finalizes in Mexico by doing an exchange of your pre-approved visa at the National Immigration Institute (INM).
We can help from beginning to end, by arranging an appointment at the Mexican Consulate and assisting with all the residency requirements, submission of application forms, biometrics, picture requirements, payments and follow up for card pick up.
Permanent Resident Cards The permanent resident card is suited for foreigners who intend to stay in Mexico more than 9 months or indefinitely. In most cases, the procedure has to be started at your country’s Mexican Consulate and finalized in Mexico by doing an exchange of your visa at the at the National Immigration Institute (INM).
We can help from beginning to end, by arranging an appointment at the Mexican consulate and assisting with all the Mexican residency requirements, submission of application forms, biometrics, picture requirements, payments and follow up for card pick up.
Marriage Permit We can assist you with the legal procedure to change from being on a tourist Mexican visa to obtaining residency status through a sibling, spouse, parent, or having child in Mexico.
This procedure also allows a temporary resident to move towards permanent residency, and we are experts on it.
Change of Activity/Employer or Employer’s name A Mexican working visa gives foreigners permission to legally work in Mexico. We have been one of the very few agencies in town to be able to obtain Work Visas for our clients. We can definitely help you with this procedure from start to finish, and guide you with the better pathway to follow to legally work in Mexico.
Extension of Activities or switch of Immigration Status Personalized help with renewals of temporary or permanent residency we can help or change of immigrant status for example switch from temporary residency to permanent residency.
Procedure for Residents to notify changes A temporary resident, temporary resident student or permanent resident who changes marital status, name or nationality, address and place of work must notify the closest immigration office about any of these changes.
Entry/Exit Permit Any foreigner who is traveling outside of Mexico, while having a pending immigration procedure is required to apply for an exit and re-entry permit (valid for 60 days). This permit must be requested at the INM office five days before departure. We can help with the application for it.
Filing report of loss/theft of migratory document before Police Authorities Foreigners who experience the theft, loss or destruction of their temporary or permanent residence card while abroad, must file a Request for Replacement at their closest Immigration office in Mexico.
Mexican Citizenship Process for foreign nationals already residents in Mexico The process of “naturalization” or “citizenship” is optional to foreigners who demonstrate legal residency in Mexico for the last four consecutive years prior to the application date or two years of legal residency if they have a Mexican child or two years of legal marriage to a Mexican. You can also obtain Mexican citizenship if you have Mexican parents.
We are always happy to help you get this process started and hold your hand throughout the entire procedure until your Mexican passport and Mexican ID Card have been issued
Estate Planning & Mexican Wills
While there is no legal requirement to have a Testament or Will executed in Mexico, it often makes sense for people who own property in Mexico to be proactive and draft a Mexican Will.
This is a topic that some people do not like to face, as it makes them think about their own mortality. Unfortunately, if you want to take care of your loved ones or your favorite charity, you must face this issue at some time. We offer Will preparation for foreigners in Mexico, ensuring your property, assets and your beneficiaries are protected.
A Mexican Will provides a quicker transfer of assets to the beneficiaries, in a cost-efficient manner.
If you own property directly in non-restricted areas, or own property or conduct business through a Mexican corporation you must have a Will that is recognized in Mexico to transfer that property or assets.
OUR SERVICES:
Estate Planning
Will Preparation
Will Execution
Will Amendments
Probate Services
MEXICAN REAL ESTATE LAW
Hire a Real Estate Attorney who will provide an Escrow Service in Mexico. We have the experience and the competence to represent you through the entire process.
Our professional team has the knowledge to guide you through the intricacies of the Mexican Real Estate Market while providing you with a familiar format in concluding the transaction and insuring your title. We can provide experienced real estate legal assistance when dealing with Closing and Settlement Services. Ms. Nunez also acts as a closing agent coordinating the sale of a house and other real estate properties. As a closing agent, we guarantee that all documents and records are completed and filed properly.
Escrow is a legal process we used to protect the interests of both the buyer and the seller, acting as an impartial third-party ensuring security for both sides. The seller has assurance the buyer is committed to the purchase by placing money in trust as a deposit. The buyer is protected by ensuring the money is held in trust until the seller provides clear title, and all other stipulations that were included in the contract are complete.
OTHER LEGAL SERVICES
• Trademarks
• Land Zoning and Title Search
• Negotiations, Agreements and Contracts
• Legalization of documents, Apostilles and Official Translations
• Building permits start to finish and acquire your Letter of Liberation (IMSS)
• Registration of Mexican Corporations and Associations before SAT and obtaining RFC’s