Public Mercantile Brokerage.

Among the advantages offered by this firm, unlike other providers of legal services, is that we have the exclusive availability to provide professional services of mercantile brokerage, as legal specialists in the field of Commercial Law. The Public Mercantile Broker stands as a lawyer authorized and qualified by the Federal Authority, sworn with public mercantile faith through out the Ministry of Economy. In order and compliance with the Public Mercantile Broker Federal Law and its regulations, he provides authenticity, certainty and legal security to any legal mercantile act or event attested under his faith. The essential function of the Public Mercantile Broker is to guarantee and secure legal certainty, exercising a legal control over the commercial transactions and many other federal businesses, at the same time he provides professional and impartial counsel and he is obligated to retain professional secret established by the law. This way he turns out to be a key instrument to insure compliance with the Mexican law, since he allows the commercial improvement by attesting all operations in a way that implies efficiency. He can also act in the Federal level in almost all of his functions except those that imply his acting giving faith, in this last case he can only act within the Federal District in which he is authorized. It has been said in previous occasions that the Public Mercantile Broker is considered as a Public Notary to act in mercantile operations, nevertheless the Public Mercantile Broker stands for much more functions such as mediator, arbitrator, and valuator. The Public Notary does not have the authorization to apply these last functions. This way within the Mercantile Broker´s faculties we can emphasize on the following: 1. Public Attester a.The difference between a document not officially recorded and a notarial deed is the intervention of a mercantile broker. Our clients have already benefited, because they know the contracts, agreements, acts and events in which our mercantile broker has been involved, they have no longer a non official recorded document instead they have the instruments that give public proof at trial and which have convenient execution. b.What does this mean? It represents "saving time and money, increasing legal certainty by allowing with this notarial instrument to initiate an executory mercantile process that allows the presentation of the petition together with the seizure of property sufficient to guarantee payment of the obligation. On the other hand, unofficial documents only give place to a regular mercantile trial on condition of longer duration, complexity and without the possibility of confiscating assets, which hinders the economic recovery of the investor or company. c. How to achieve greater legal certainty? In coordination with teams of experts, in the corporate area of our firm, we set clear and precise objectives, establishing preventive strategies. Our experience has enabled us to compare the effectiveness between what could be a case of a Pledge of Shares vis-a-vis a Security Trust or secure obligations of receivable accounts from a third party or public entity, through various mechanisms with irrevocable guarantees; hold mortgages on vessels, ships or aircrafts or the credit rating and financing or equipment, as reflected in the mercantile broker’s policy. At the firm, we are professionals and experts in designing what the client requires, for example, demarcate liabilities and risks, to limit damage to their benefit amounts through the formalization of minutes of shareholders meetings and counseling sessions on the broker’s policies, ratifying acts regularly and setting maximum penalties of monetary damages, replacing general and un-foreseen damages which, by way of prevention, are analyzed by our area of litigation. d.What’s the appropriate legal vehicle to incorporate? Unlike other providers of legal services, the legal advice from our firm operates in an integrated manner, i.e. in this case, the corporate section participates along with the brokerage service, assisted by the litigation section, and supported by our international experience This allows us to jointly plan, design and expedite the legal process ideal for our clients “doing business in Mexico”, through a legal concept tailored to their specific needs. The global perspective that our firm has over legal business, makes is possible to suggest to our clients, the creation of innovative schemes for both Mexican and foreign investors. In coordination with other law firms and tax specialists, domestic and in other countries, we analyze federal laws, state, and international treaties to design the appropriate legal means to Mexico. Our international focus has allowed us to hire lawyers who have lived, studied and practiced abroad, bilingual, who interact with our clients to understand the concept of "doing business in Mexico." Together we work on the analysis of international treaties of double taxation and the similarities or differences with foreign companies’ or individuals’ actions, trade associations, operations, administration and monitoring, financial reporting, protection of minority rights, vetoes, dispute resolution, arbitration clause or jurisdiction and competition with the granting of general or limited powers, which are frequent topics of analysis, among the various areas of the firm. In summary, with leading-edge issues in business, we are experts in drafting bylaws, participation in partnerships, shareholder agreements, drafting clauses and the tailored means, without having to go to an outsider notary public, resulting in a considerable reduction of time and costs. 2. Mediator Agent The mercantile broker transmits and exchanges offers and business proposals between two or more parties, suggesting mercantile negotiations, and rendering advice on their performance to achieve clarity and precision, guarding professional secret, party names, or the operation nature while the mercantile transaction or business is still running and therefore waits for completion. 3. Valuator Expert Through this function it is vested by operation of law, the mercantile broker estimates quantified and valued goods, services, rights and obligations which are submitted to him by a private appointment or by a competent authority. The mercantile broker is legally empowered to value judicial and extrajudicial, among others, the following goods: a) Entire companies for purposes of strategic alliances via mergers, acquisitions, partnerships or ventures; b) The tangible assets: real estates and constructions, residencies, warehouses, industrial buildings, special facilities; c) The chattel properties: stocks, shares, machinery and industrial equipment, commercial and for service and accessories, cars, airplanes, boats, and d) Intangible Assets: royalties, commissions, trademarks, trade names, licenses for use, commercials and home rights, franchises, among others. The valuations made by the broker are valid proof of full legal matters and taxation. 4. Legal Counselor The mercantile broker provides advice and council to all traders inside the formal commerce activities, with a highly sense of responsibility and professional ethic, because he stands as a professional lawyer. 5. Arbitrator He acts when the parties request the controversy solving by means of a voluntary agreement and without the necessity of attending the judicial procedure, which generally implies a long, tedious and expensive procedure. This way he offers a fast, effective and equal process. He can also act as an arbitrator in a mercantile conflict both national and international.