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In Mexico, trademark registrations grant the trademark holder the exclusive right to use the registered trademark for the exploitation of certain specific products. This means that no one may use such logo, name, sound or any other element or any other similar element in a confusing manner, without the authorization of the holder (for the products or services indicated). Trademark is any sign perceptible by the senses and capable of being represented. The following may be registered: denominations (names), letters, numbers, figurative elements and color combinations, holograms, three-dimensional shapes, the name of a natural person, sounds and smells, among other elements. In Mexico, trademarks are regulated by the Mexican Institute of Industrial Property (IMPI) and their registration is requested to it. The most common trademarks are the following: Nominative: a name that may contain letters, numbers and/or symbols. Unnamed: designs, images, figures or logos. Mixed: A name + a logo that includes the name in the design. Trademark registration in Mexico is for 10 years and must be renewed within 6 months prior to or after the 10th anniversary of the grant. Additionally, 3 years after the grant of the trademark, a notice must be filed notifying the IMPI that the trademark is being used, this notice is called notice of actual and effective use and must be filed within three months following the third anniversary of the grant of the trademark. The registration can be done online at the following page by Mexicans or residents in Mexico who have CURP (either personally or through a representative with CURP): https://eservicios.impi.gob.mx/seimpi/ The cost for the online trademark registration application is: $2,813.77 (two thousand eight hundred and thirteen pesos 77/100 M.N.) pesos per application if filed online (for each class applied for). To carry out the registration of your trademark you must do the following: 1) Once you have the name and/or logo to be registered, you must decide for which products or services the trademark will be used and once you have them, look them up in the following page to know which class/s apply to those services (you must file an application for each class): https://www.wipo.int/classifications/nice/nclpub/en/fr/ 2) Once you have the name and/or logo and the classes in which you intend to register them, perform a previous search in the following pages: https://acervomarcas.impi.gob.mx:8181/marcanet or https://marcia.impi.gob.mx/marcas/search/quick. 3) If there are no similar marks that can be confused with the name/logo you intend to register in the same class, you can proceed with the registration with the peace of mind that it is likely that you will be granted the registration. 4) Create an account at IMPI with your CURP and enter the online trademark section at: https://eservicios.impi.gob.mx/seimpi/. In order to fill out the application you will need the following information: 1. Name, nationality and address of the person who will be the owner of the trademark. In case of being a legal entity, you must indicate the data of the company. 2. Address of the commercial, industrial or service establishment (in case it is different from that of the trademark owner). 3. List of specific products or services to be protected with the trademark. Once you fill out all the information, proceed to pay and finally sign with your CURP. The process takes about 6 months to be resolved. You can follow up on it at: https://acervomarcas.impi.gob.mx:8181/marcanet, once you find the file, at the bottom you will find a section that says "Trámite" and in the "ver detalle" section you can click on the magnifying glass symbol where you will find the IMPI communications. #BLPAdvisors #Thelegalstartupforstartups #Tiplegal

The Social Security Law regulates that in Mexico all workers are subject to insurance before the IMSS, that is to say, in Mexico all workers must register before the IMSS - Mexican Social Security Institute, regardless of whether they are temporary or permanent workers: "Article 12. The following are subject to insurance under the mandatory regime: I. Persons who, in accordance with Articles 20 and 21 of the Federal Labor Law, render, on a permanent or temporary basis, to others of a physical or legal nature or economic units without legal personality, a paid, personal and subordinate service, whatever the act that gives rise to it and whatever the legal personality or economic nature of the employer, even when the latter, by virtue of a special law, is exempt from the payment of contributions". Article 8 of the Federal Labor Law defines a worker as a natural person who performs subordinate personal work for another natural or legal person. Therefore, in Mexico it is considered that there is an employment relationship when there is any human activity, intellectual or material, in which there is subordination. Subordination is an essential element to prove the existence of an employment relationship. This is evidenced when a hierarchical superior (employer or its representative) has the power to issue orders regarding the matter, efficiency, place and time in which the work activity must be performed, and the employee is obliged to perform the work activity in accordance with the orders received, provided that they are related to the contracted work. In other words, there is subordination whenever an employer establishes all the characteristics of how a service must be rendered and the worker accepts and complies with them. Likewise, although subordination is the main element to determine the existence of an employment relationship, there are other elements that may determine the existence of the same, for example: - Place of work - Specific working day - Specific consideration (salary) - Receipt of all or most of the income by a single person or entity. In Mexico, social security includes access to health services, insurance for occupational risks and accidents, pensions, childcare and credit, among other benefits. In the case of having workers who are not registered with the IMSS, they could demand payment of the contributions that were omitted (since part of the social security is paid by the employer and another part by the workers through withholding). Additionally, in the event of an audit, the Mexican Social Security Institute may detect such omissions, which could result in credits, surcharges, updates and penalties, among which we consider the following as the most relevant: Fine: Fine equivalent to between 40 and 100% of the omitted quotas: "Article 304. When the employers and other obligated parties carry out acts or omissions, which imply non-compliance with the payment of the fiscal concepts established in Article 287, they will be sanctioned with a fine of forty to one hundred percent of the omitted concept." "Article 287. The fees, the constituent capitals, their updating and surcharges, the fines imposed under the terms of this Law, the expenses incurred by the Institute for improper registrations and those it has the right to demand from non-entitled persons, have the character of tax credit." Offenses: Generally the last resort of the state, however, criminal action may be exercised at any time. Fraud to the social security regimes: "Article 307. The crime of defrauding the social security regimes is committed by employers or their representatives and other obligated parties who, with the use of deceit or taking advantage of errors, omit totally or partially the payment of employer contributions or obtain an undue benefit to the detriment of the Institute or the workers..." "Article 308. The crime of defrauding the social security systems shall be punishable with the following penalties: I. With imprisonment from three months to two years when the amount defrauded does not exceed thirteen thousand minimum daily wages in force in the Federal District; II. With imprisonment of two to five years when the amount defrauded exceeds thirteen thousand minimum daily wages in force in the Federal District, but not nineteen thousand minimum daily wages in force in the Federal District, or III. With imprisonment from five to nine years, when the amount defrauded exceeds nineteen thousand minimum daily wages in force in the Federal District." Generic offense: "Article 311. A sanction of three months to three years of imprisonment shall be imposed on employers or their representatives and other obligated parties who: I. Do not formulate the registration notices or provide the Institute with false data evading the payment or reducing the amount of the employer contributions, to the detriment of the Institute or the workers, by a percentage of twenty-five percent or more of the tax obligation, or" #BLPAdvisors #Thelegalstartupforstartups #Tiplegal

The book The 48 Laws of Power was written by Robert Greene, an American writer and graduate of UC Berkeley - Classical Studies. In his youth, Robert Greene struggled to find what to do with his life. In interviews, he has stated that before turning to writing, he worked at over 80 different jobs including a pet store, selling parking tickets, being a truck driver, working in a warehouse, and being a paralegal. In 1995 he published his first book - The 48 Laws of Power, which has sold millions of copies and has become a bestseller. This book analyzes the workings of power in politics, business and personal relationships, providing a guide to achieving power and influence. Today Robert is considered an expert on the dynamics of power. Several celebrities have declared to be admirers of Robert Greene, among them: 50 cent, Drake, David Beckham and Dov Charney among others. Robert Greene's books are based on the teachings of various historical figures and events. Some of the characters analyzed in this book are: Napoleon Bonaparte, Sun Tzu, Machiavelli and Casanova, among others. The 48 laws of power that are analyzed in this book are the following: Don't overlap your objectives with those of your superiors. Do not reveal too much about yourself. Learn to say less than necessary. Always say less than necessary. Adapt yourself to the mood of the people around you. Court those in power. Get others to do the work for you, but always take the credit. Make people depend on you. Use your enemies to get what you want. Don't compromise with anyone. Learn to stay awake. Become an actor. Face your enemies directly. Plan all your actions to the end. Make people come to you: use bait if necessary. Use absence to increase respect and honor. Keep others in temporary ignorance. Don't build fortresses to protect yourself; isolation is dangerous. Know who the fool in the room is. Don't commit to anyone who doesn't deserve it. Play on people's need to believe in something to create an alternate reality. Use the devil's advocate tactic: question everything. Find the weak side of others and use it to your advantage. Change the way you act to fit the world. Make people depend on you to solve their problems. Use selective kindness and generosity to disarm your victim. Make others come to you; use bait if necessary. Take action boldly. Plan ahead for the future. Make your accomplishments look easy. Control the options: before making a decision, create a list of options and evaluate their pros and cons. Play on people's need to believe to create an alternative reality Discover the value of silence and solitude. Pay generously to those who deserve to be paid. Aspire to greatness. Use distraction to create confusion and avoid confrontation. Learn to keep secrets. Think long term. Generate controversy: Any kind of publicity is good, even bad publicity. Generate controversy to attract attention and keep it on you. Don't play lone wolf: Act like a spy in your own organization. Create groups of people and use their collective energy to achieve your goals. Avoid choosing a successor: If you choose a successor, you will weaken yourself. People will align themselves with him or her instead of you, making you vulnerable. Get used to infidelity: Don't be surprised or offended by the infidelity of others. There are always people willing to betray you. Be prepared and be careful. Learn to retreat: Knowing when to retreat is as important as knowing when to move forward. Don't stay in one place too long or leave too soon. Create an aura of mystery: Don't reveal everything about yourself. Create an air of mystery that draws people to you. Defeat your enemies without fighting: If you can defeat your enemies without fighting, do it. Often, the best way to win is not to fight. Don't compromise: Don't compromise for nothing. If you compromise, you lose your power. Don't overdo gratitude: Too much gratitude makes you look weak. Show gratitude, but don't overdo it. Be bold: Be bold and take risks. If you are afraid to do something, do it anyway. Fear is paralyzing and keeps you from achieving your goals. #Recomendedbooks #BLPAdvisors #Thelegalstartupforstartups

For Mexican purposes, the Article 4 of the General Law of Mercantile Corporations ("LGSM") regulates that all corporations that are incorporated in the forms provided by the Law are deemed to be mercantile corporations. As we have already seen in previous entries, the General Law of Mercantile Corporations regulates the following corporations: I.- Sociedad en nombre colectivo; II.- Sociedad en comandita simple; III.- Sociedad de responsabilidad limitada; IV.- Sociedad anónima; V. Limited partnership by shares; VI. Cooperative society (it only refers us to its special law), and VII. Simplified joint stock company. The foregoing means that even if the company is not actually intended to carry out commercial activities, if it is constituted in the forms provided above, it will be deemed to be a commercial company. The relevance of the foregoing lies in the fact that there are certain companies that are not in the commercial but in the civil sphere. These companies are companies whose main purpose is not to make a profit, i.e., to obtain profits from the exchange of goods. The two clear examples of civil societies are the civil society (for example, a school that aims to earn money but not through trade but through the services it provides) and the civil association that can earn money but whose main purpose is another (for example, a foundation). In the event that a foundation or school constituted as an SA or S de RL would like to claim that it is not a commercial company and that its laws should not apply, it will have to prove it, since the Law will consider that it is a company that corresponds to the field of commerce. In practice, it would be necessary to transform the company or, if possible, dissolve it and create a new one. On the other hand, the LGSM establishes in the same Article 4 that corporations may perform all acts necessary for the fulfillment of their corporate purpose, except for those expressly prohibited by law and the bylaws. For such purpose, it is worth clarifying what the corporate purpose and the bylaws are. Corporate purpose: By corporate purpose in Mexico, we must understand the activities that are intended to be carried out through the company. The corporate purpose is very relevant in Mexico, since the corporation can only perform the acts necessary for the fulfillment of its purpose and all other acts will be null and void, since the corporation does not have the capacity to carry them out. As mentioned in the previous entry, capacity is the ability to be the holder of rights and obligations and to exercise them through a representative (capacity to enjoy) or by oneself (capacity to exercise). In the case of corporations, they only have capacity of enjoyment with respect to the purposes stated in their corporate purpose and all the accessory acts that may be related to such activities. In other words, corporations may only enter into rights and obligations that are related to the purpose set forth in the bylaws. In some countries, such as the United States and Colombia, the object may be indeterminate. "If nothing is expressed in the articles of incorporation, it is understood that the corporation may engage in any lawful activity." The same is established in the Model Law proposed by the OAS for the simplified joint stock company in which it is allowed to express that the company may carry out any commercial or civil activity, lawful, for profit. http://www.oas.org/es/sla/ddi/docs/Ley_Modelo_sobre_la_Sociedad_Acciones_Simplificada.pdf In my opinion it should be regulated in Mexico the possibility of having an indeterminate object, since, I consider that the obligation to declare an object generates more problems than benefits. Bylaws: The bylaws are the rules of the corporation that are agreed upon at the incorporation of the same and that can be modified by agreement of the partners or shareholders at a later date. The bylaws are generally found as articles or clauses in the articles of incorporation and regulate aspects such as the corporate purpose (generally the first article), the corporate domicile, the capital, the form of entering or leaving the corporation as a partner or shareholder, the meetings, the administration and dissolution of the corporation, among other matters. The bylaws, as long as they are not contrary to the Law, are the maximum rule regarding the operation of the corporation and must be fully complied with. It is worth mentioning that each company may have different bylaws. In Mexico it is customary for bylaws to be extremely extensive compared to other jurisdictions. I believe there is room for improvement in this area as well. #BLPAdvisors #thelegalstartupfostartups #LearningLawin3mins

This book is a gem on negotiation. Never split the difference was written by Chris Voss, a former FBI hostage negotiator who after taking one of Harvard's most prestigious courses on negotiation realizes that the empirical knowledge he has gained from his work has given him invaluable techniques for negotiation. Through exciting cases of hostage negotiation, Chris explains some of his best tricks. Some of the lessons learned from this book are as follows: 1) Learn to mirror - By mirroring we repeat what the other person is telling us, giving the feeling that we are listening, we generate empathy and we get the person to keep talking and revealing important information. 2) Label emotions - Once you identify your counterpart's emotions, label them out loud, this way you will generate an atmosphere of security and allow the counterpart to explain his or her emotions. It is very important to understand that we are always negotiating with people and they are driven by emotions. 3) Look for a first no - At the beginning of the negotiation look for your counterpart to say no so that they feel they have control and power over the decision, the idea is that the initial no leads to a negotiation in which the counterpart feels satisfied and consequently achieve a yes with security of the counterpart and not by meaningless kindness. 4) Look for the counterpart to confirm that a certain premise is correct - By the counterpart referring to what you say is correct means that he has voluntarily analyzed what you say and confirms his understanding. Unlike what you say is correct, saying it is correct confirms that you are under the same understanding about a certain premise and allows you to open channels of communication on that basis. 5) Use inexact amounts, they give more confidence and appear to be more thought out. For example $5,718 instead of $5,000. 6) Link situations to emotions - State that your offer is that way because of something related to something that generates emotion. 7) Seek to exploit your counterparty's risk aversion - Parties are more willing to agree to avoid a loss than to make a profit. 8) Ask questions that include How? or What? In this way we encourage the counterparty's creativity so that he/she can show us the way to close the negotiation and generate a sense of control. Avoid yes or no questions, as this could feel like a crossroads for the counterpart and destroy trust, and no relevant information is obtained. 9) Analyze if your counterpart's words correspond to his tone of voice and body language to ensure that he is not lying to you, likewise, try to have your counterpart confirm a point three times (it is difficult to act out a lie three times), finally, identify #BLPAdvisors #Legalstartupforstartups #Recommended reading

As stated in previous posts, the first step to be able to hire a foreign worker in Mexico is that the company that will hire the worker is registered in the employer registry before the National Immigration Institute, if you have not read it here we leave you the link: https://www.blpadvisors.com/es/post/c%C3%B3mo-puedo-contratar-trabajadores-extranjeros-en-m%C3%A9xico If your employer is already registered in the registry and the certificate is up to date (remember that the certificate must be updated every year by presenting the acknowledgement of the annual tax return), you can start the procedure to obtain a temporary residency by job offer. This procedure consists of three steps: 1) Approval of the application for temporary residency by job offer in Mexico by the National Institute of Migration. The first step consists of obtaining the authorization by the INM regarding the request for temporary residence by offer of employment. In order to carry out this step it is necessary to carry out the following: Collect the following documents: * Form filled out electronically that must be printed and signed by the legal representative that is accredited in the employer's certificate (be careful, only authorized representatives can sign in the certificate, if it is a new representative, you must first update your certificate and then you can proceed with this procedure). You can find this form at: https://www.inm.gob.mx/tramites/publico/solicitud_internacion.html *Official identification of the registered employer's representative. Original and copy. * Written document in which the company offers employment to the worker signed by the registered representative of the company, with the following requirements: - The logo must come on the writing (¨leaf letterhead¨). - The following must be indicated: The occupation according to the National Occupation Classification System or the one that in its moment replaces it. It can be consulted at: https://www.snieg.mx/Documentos/Normatividad/Vigente/SINCO_2019.pdf That the job offer is for one year. Place of work (address). Amount of remuneration (how much you will earn monthly). * Employer's registration certificate, duly updated. Copy. *Passport of the worker in favor of whom a visa is requested. Copy. * Payment of $219.00 mxn that can be made at the window with credit or debit card. Once you have all the documents you must go to the corresponding offices of the National Institute of Migration, in Mexico City, you can find them at Av. Ejército Nacional Mexicano 862-1er. piso, Polanco, Polanco II Secc, Miguel Hidalgo. To obtain an appointment, you will have to wait in line for approximately 2 hours and you should arrive around 6 a.m., once you have the corresponding appointment, you will be given a time to return the same day or the following day to present the process (different people can request an appointment and present the process, you must take into account that the person who presents and requests the appointment must be authorized in the format indicated in the first paragraph). In case the process is favorable, you will be sent an email to the designated email address with the visa approval. It is important to take into account that generally the password to open the document is not sent, so you may have to click on I forgot my password to obtain it and be able to enter. 2) Consular interview and visa stamping. Once you obtain the visa authorization from the INM, you must schedule a consular interview at the consulate of your choice (outside of Mexico). Initially we do not recommend you to schedule appointments in Guatemala. Keep in mind that appointments open on a weekly basis and fill up very quickly. In order to schedule an appointment, you will need the documentation that was mentioned in numeral 1, as well as the address and marital status of the foreigner. You can schedule your appointment at the following link: https://citas.sre.gob.mx/ As a general rule, the appointment must be scheduled within 30 days after the authorization granted by the INM takes effect (see step I). However, at the time of writing this post the deadlines are suspended, we suggest not to trust. At the appointment you must present the following: * Submit the visa application form duly filled out. You can find the form at the following link: https://embamex.sre.gob.mx/panama/images/formatos/solicitudesp.pdf English: https://embamex.sre.gob.mx/panama/images/formatos/solicituding.pdf * Valid passport, in original and copy; * A photograph with the face visible and without glasses, in color, passport size, whose measures must be 32 millimeters x 26 millimeters, with white background and front view; * A simple copy of the visa authorization issued by the National Institute of Migration (NUT). * Printed citation. * Document that accredits legal stay in the country where the procedure is being carried out. * Payment of fees $51.00 USD - Can be paid directly at the consulate. * Copy of employer's certificate. * Copy of legal identification of the company's representative. For the interview, it will be essential to study perfectly all the information in the job offer letter. 3) Exchange of visa for temporary residence card and obtaining CURP (Unique Population Registry Code). Once the consular interview is carried out, the consulate will stamp a visa in the foreigner's passport to be exchanged within 30 calendar days of entry into the country. However, at the time of writing this post the deadlines are suspended, we suggest not to trust. In case that instead of stamping the visa it is established that the application must be reconsidered, it is most likely that the visa will be denied, you must wait for the Institute to deliver an official letter rejecting the visa and resubmit it. When entering the country it is important to tell the immigration office that you are going to exchange your visa, so that the official signs or stamps the visa at the entrance. * Form to request migratory procedure of stay filled electronically, which must be printed and with autographed signature of the foreigner. You can find the form in the following page: https://www.inm.gob.mx/tramites/publico/solicitud_estancia.html * Passport of the foreigner with visa stamped. Original and copy. * Multiple Migratory Form that you can find in the following link: https://www.inm.gob.mx/spublic/portal/inmex.html Not to be confused with pre-registration. The FMME is downloaded once registered where it says generate FMM, in registration history. The pre-registration is often not required, but if possible you should also print it. To generate FMME it is not necessary to fill in all the information, you must go directly to registration history. First you click on generate and then you can download it in download FMM. * Basic form duly filled out and autographed and signed: This form can be found at: https://www.inm.gob.mx/static/vun_tramites/Formato_basico.pdf The basic form is generally not requested in the CDMX. * Payment of fees, temporary resident for one year $5,108.00 mxn (can only be requested for more years after renewal). The payment can be made directly at the window at the time of the exchange. Once you have all the documents you must go to the corresponding offices of the National Migration Institute, in Mexico City, you can find them at Av. Ejército Nacional Mexicano 862-1er. piso, Polanco, Polanco II Secc, Miguel Hidalgo. To obtain an appointment, you will have to wait in line for approximately 2 hours and you should arrive around 6 a.m., once you have the corresponding appointment, you will be given a time to return the same day or the following day to present the procedure (different people can request an appointment and present the procedure, you must take into account that whoever presents and requests the appointment must be authorized in the format indicated in the first paragraph). Once the procedure has been successfully submitted, you will be given or sent to the designated mail an official letter that you must present along with your passport (without the need for an appointment) at the corresponding offices of the National Immigration Institute where you can process your CURP, they will take your biometric data and will give you your residency card. #LegalDoubts #BLPAdvisors #Thelegalstartupforstartups

In the book Venture Deals you will be able to discover, in language accessible to all types of people, the functioning of the investment processes related to venture capital, from a legal and business perspective. Written by: Jason Mendelson - Former attorney with the prestigious firm Cooley LLP and director of several investment funds and; Brad Feld - Venture Investor. His text addresses topics such as: How to raise money? Economic and control terms in term sheets. Negotiation tactics. Common issues at various stages. Letters of intent. Legal information that every entrepreneur should know. #Blpadvisors #Thelegalstartupforstartups. #ReadRecommended

In Mexico, the first thing you need to do is to obtain the employer's registration certificate from the National Immigration Institute, for which you must submit a series of documents including: * Form filled out electronically that must be printed and signed by promoter. You can find this form at: https://lnkd.in/est8szSd. Be careful with its filling, since, for any error in the format your procedure will be denied (it is possible that they will allow you to go out to correct it and resubmit it the same day but it is complicated) and, in case you need to make any change you will have to submit a new procedure. 📣 Take into account that the representatives that you indicate in the form, will be the only ones that will be able to sign the letters of offer of employment that will have to be presented in order to obtain the temporary residence card of a worker and, in case you want to add new representatives, you will have to present a new procedure. ⚠ * Articles of Incorporation or the public instrument evidencing the legal existence of the legal entity, as well as its modifications. Original and Copy * Public instrument stating the type of power of attorney or mandate and the powers conferred to the legal representatives or to the attorneys-in-fact if the articles of incorporation do not contain them. Original and Copy * Current official identification of the legal representative or attorney-in-fact. Original and Copy * Proof of domicile in the name of a legal entity, whose date of issue does not exceed thirty calendar days. Original and Copy. It can be lease and CSF. * Proof of registration in the RFC, Original and Copy. * Proof issued by the competent authority, on the presentation of the last tax return. Original and Copy * List of employees and their nationality. Original * Payment of fees = $346.00 Once you have all the documents you must go to the offices of the National Institute of Migration, in Mexico City, you can find them at Av. Ejército Nacional Mexicano 862-1st. floor, Polanco, Polanco II Secc, Miguel Hidalgo. To get an appointment, you will have to wait in line for approximately 2 hours and you should arrive around 6 a.m., once you have the corresponding appointment, you will be given a time to return the same day to present the procedure (different people can request an appointment and present the procedure, you must take into account that whoever presents the procedure must be authorized in the format indicated in the first paragraph). Once you submit your application (which may take between 2 and 3 hours), you will be given a certificate. With this document you will be able to start the application process for temporary residency due to a job offer. The certificate will have to be renewed every year, presenting proof of filing of the annual tax return. #Legalquestions #BLPAdvisors #Thelegalstartupforstartups

Definition of Company: Corporations are entities with legal personality (the law recognizes them as persons) and patrimony (being considered persons they have their own assets, rights and obligations, unrelated to those of their partners/shareholders), which arise from the union of the efforts and resources of two or more persons for the realization of certain purposes. Benefits: The advantage of partnerships is that they allow the members that create them to distinguish between the resources and efforts that will be dedicated to their own affairs and those that will be destined to the specific project for which the partnership is created. Additionally, they allow to concentrate and manage all the activity related to the activity or business in a clear manner. Likewise, in some cases they limit the liability of the shareholders and/or partners in case of losses or bankruptcy. That is to say, in some corporations, the partners or shareholders are only liable up to the amount they are obligated to invest in the corporation, so that in case of bankruptcy, those who the corporation may owe can only be charged with the assets that belong to the corporation and not with the personal assets of the members of the corporation (such as their homes). Classification: Within the partnerships we find two main types of partnerships classified by the matter that regulates them: Civil partnerships - Whose main purpose is not the obtaining of profits through the exchange of goods (commercial speculation purpose). Civil partnerships are regulated in the Civil Code. Within these we find: Civil partnership. - They have a predominantly economic purpose but their main purpose is not commercial speculation. For example, a medical clinic or a school (their purpose is to earn money, but we do not think of them as merchants buying objects at a price to resell them at a higher price). Civil association - Their purpose is not primarily economic (For example, a neighborhood or parents association, they can make some money with the sale of certain products or events, but their main purpose is to take care of the interests of the neighborhood or students, not profits). Trading companies - Whose main purpose is to make profit through the exchange of goods and/or services. In Mexico Mercantile corporations are regulated by the General Law of Mercantile Corporations, published on August 4, 1934. The corporations recognized by the General Law of Mercantile Corporations are: I.- Sociedad en nombre colectivo (general partnership) II.- Limited partnership III.- Limited liability company IV.- Joint-stock company V.- Limited partnership by shares VI.- Cooperative society (Regulated in the General Law of Cooperative Societies) VII.- Simplified joint stock company.

How do I know if I can hire someone as a service provider or if I should hire him/her as a worker? In Mexico, the difference between a worker and a service provider is that the former performs his activities in a subordinate manner and the latter in an autonomous manner. The concept of subordination is a bit ambiguous, however it is understood that someone works in a subordinate manner when there is power of command over him, that is, there is a boss who instructs the worker on how to perform his activities. Additionally, there are some criteria to determine whether or not there is an employment relationship, such as: performing the activities exclusively for the benefit of a person or company, a fixed consideration regardless of the activities performed, a work schedule and/or a work place. If the relationship with the person performing the activities meets one or more of the characteristics described above, you have a true employment relationship. In this case, even if your contract says otherwise, the worker has the same rights as if he/she were hired under a labor contract and your risks are even greater in case of a lawsuit. Some criteria we use to determine if you are truly a service provider: Autonomy to decide how to perform the work. That you provide your activities for more than 4 companies and none of them represents more than 25% of the income. That he/she has assistants. That it earns according to the activities performed. That it carries out the activities with its own tools and materials. That it does not have to provide services permanently at the client's office. That he/she does not have a timetable. As a general rule, service providers may charge in the following ways: - Simplified Trust Regime (Resico): They give you an invoice and you pay the following: ISR: Between 1% and 2.5%. The company retains 1.25% and pays it to SAT. VAT: 16% (When they are professional services, that is to say that they require a title, two thirds of VAT is withheld, that is to say 10.6667% and it is paid directly to SAT, only one third is deposited). - Salaried employees: Only the CSF is required, they do not have to submit an invoice, the company withholds ISR and pays it directly to SAT. ISR is paid: From 1.92% to 35% depending on the amount. It does not generate VAT. - Individual with business activity (No Resico): You must be given an invoice and it is generated: VAT: 16% is withheld 10.6667% when they are professional services. ISR: From 1.92% to 35% - 10% is withheld when they are professional services. Workers do not generate VAT and ISR is withheld (between 1.92% and 35%). Additionally, social security and Payroll Tax (3% in CDMX) must be paid, which can increase the cost of the worker up to 50% Aprox. of what he/she actually receives. Write us your #dudalegal #BLPAdvsisors #thelegalstartupforstartups

Any company in Mexico that collects personal data for commercial or disclosure purposes is required to make a privacy notice available to data subjects. The protection of personal data is regulated by the FEDERAL LAW FOR THE PROTECTION OF PERSONAL DATA HELD BY INDIVIDUALS, published on July 5, 2010. What is the privacy notice? A physical document, electronic or in any other format generated by the responsible that is made available to the owner, prior to the processing of personal data... What is personal data? Any information concerning an identified or identifiable individual... What is sensitive personal data? Those personal data that affect the most intimate sphere of its owner, or whose improper use may give rise to discrimination or entail a serious risk for the owner. In particular, sensitive data are considered those that may reveal aspects such as racial or ethnic origin, present and future health status, genetic information, religious, philosophical and moral beliefs, union membership, political opinions, sexual preference. What should the privacy notice contain? I. The identity and address of the person responsible for collecting them; II. The purposes of data processing; III. The options and means offered by the data controller to the owners to limit the use or disclosure of the data; IV. The means to exercise the rights of access, rectification, cancellation or opposition, in accordance with the provisions of this Law; V. If applicable, the data transfers to be carried out, and VI. The procedure and means by which the data controller will inform the owners of changes to the privacy notice, in accordance with the provisions of this Law. In the case of sensitive personal data, the privacy notice must expressly state that such data is concerned. How should the owner of the personal data be informed? The privacy notice must be made available to the holders through printed, digital, visual, sound or any other technology formats, as follows: I. When the personal data has been obtained personally from the holder, the privacy notice must be provided at the time the data is collected in a clear and reliable manner, through the formats by which it is collected, unless the notice has been provided previously, and II. When the personal data is obtained directly from the holder by any electronic, optical, sound, visual, or any other technology, the data controller must provide the holder immediately, at least the identity and address of the data controller, the purposes of the processing, as well as provide the mechanisms for the holder to know the full text of the privacy notice. #Tiplegal #Blpadvisors #Thelegalstartupforstartups

The book E myth is one of the Bibles that every entrepreneur should know. In this book, the entrepreneur can fully identify how lonely and overwhelming it can become to carry out the entrepreneurial dream. Michael E Gerber invites us to reflect on the difference between three major roles in the company, the technician, the entrepreneur and the manager. He warns us that the worst boss that can exist is sometimes ourselves and vindicates the concept that in order to be an entrepreneur we must learn to work in the business and not for the business. In this book, we find the recipe to prevent our business from consuming us and guides us to create a replicable business model. And myth guides us in the implementation of processes and manuals as the essence of any successful business, as well as in the establishment of clear objectives and the delimitation of roles. A recommended book for anyone looking to liven up their path to a successful business that operates as a living organ. #Tuesday #RecommendedReading. #BLPAdvisors #Thelegalstartupforstartups