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Basham, Ringe y Correa, S.C. Queretaro, Mexico Office Profile

 

Basham, Ringe y Correa, S.C. 
Queretaro, Mexico



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About this office:

Basham, Ringe y Correa, S.C. is one of the largest and one of the leading international full- service law firms in Latin America. Basham draws upon nearly a century of experience in assisting its clients in conducting business throughout Mexico and abroad. The firm's clients include prominent international corporations, many of them in the Fortune 500 list, medium- sized companies, financial institutions and individuals. The firm's large group of lawyers and support staff are committed to maintaining the highest professional and ethical standards. Constantly exposed to the international legal system, many of Basham, Ringe y Correa's lawyers and other professionals have completed graduate studies at foreign universities and have worked at companies and law firms abroad. The firm's members speak English fluently. The specialisation and development of each department of the firm, the co-ordination and support among the different practice areas, and the in-depth knowledge of markets and economic trends provides its clients with innovative, complete, and timely solutions to their concerns. It is because of these qualities and values, that its clients have continued to entrust their legal affairs to Basham, Ringe y Correa for many years, some for many decades.

The firm's lawyers actively participate in worldwide associations, as well as in international transactions, something which has promoted the exchange of information and experience. This in turn improves the firm's growing capacity to serve its clients by constantly adjusting to the dynamics of the global business environment. Basham, Ringe y Correa is aware that each client requires objective counselling, experience, professionalism and trustworthy people. The firm's lawyers are well-known leaders in their respective fields of specialisation and are committed to providing legal services at the highest standards of quality.

The firm is also able to provide complete accurate legal translations of laws and documents to ensure that our clients have a full understanding of their Mexican operations.

Finally, the firm actively encourages the participation of all of its lawyers in Pro Bono work for charitable institutions and not-for-profit organizations, among others.

Full Service Law Firm.

Practice Areas

Aerospace

The Aerospace Practice Area of our firm is specialized in providing services to OEM's, PRIMES, MRO's and Providers that directly or indirectly carry on operations in Mexico.

Our specialists have a great deal of experience in providing the following services:

· The Aerospace Practice Area of our firm is specialized in providing services to OEM's, PRIMES, MRO's and Providers that directly or indirectly carry on operations in Mexico.

· Our specialists have a great deal of experience in providing the following services:

· Incorporation of companies, opening of representative offices and branches, association agreements and joint ventures.

· Installation of clusters.

· Installation of maintenance and assembly plants.

· Advice on tax, foreign trade, and customs matters focused on the aerospace industry.

· Advice on environmental protection related to the industry.

· Advice on long-term agreements.

· Advice on purchase orders for industry products.

· Advice on the protection of designs and innovations in parts and processes for the aerospace industry.

· Advice on new creations - patents, industrial designs, utility models and distinctive signs, trademarks, slogans, license agreements for the use of new creations and distinctive signs.

· Applications and other transactions at the Civil Aeronautics Bureau.

· Advice on Mexican official standards and TSO's.

· Advice on obtaining certification of construction, assembling, design and aeronautics construction processes carried out in Mexico whose products are intended for the United States (BASA).

· Obtaining certificates of production approval issued by the Communications and Transportation Department

Administrative, Privatizations & Biddings

Although Mexico is working to simplify its regulatory framework, as in any modern society many aspects of doing business are governed by a mixture of statutes, regulations, and official practice. Mexico has also been reducing the direct participation of government in business, leading to the privatization of many companies and operations previously government owned. Finally, as a result of better government practice, the requirements of free trade treaties, and privatization, bidding for government procurement, and public works projects has assumed increasing importance. Basham, Ringe y Correa offers services, not only in assisting clients in complying with administrative laws and regulations in these areas, whether federal, state or local, but also in defending clients against government decisions which infringe the rights guaranteed by law and Mexico's Federal Constitution.

The practice group offers the following services in this area, among others, advising on:

· Government audits, demands, and penalties

· Expropriations and illegal occupation of property

· Licenses, concessions, and permits

· Administrative relief against government decisions

· Nullity actions related to state and federal laws

· Amparo proceedings against legislation

· Litigation before state and federal administrative tribunals

· Public bidding, invitations to bid, and direct awarding of public contracts, state, federal, and international

· Complaints against irregularities in public acquisitions, public works, and awarding of public contracts

· Public servant liability

Aviation & Airports Law

Global air transportation has developed greatly during the last few decades and aviation law has had to adjust to the constantly changing environment. In Mexico, in particular, the legal framework governing aviation has undergone significant alteration, especially in the past ten years, including, for example, the privatization of airports. Basham, Ringe y Correa has responded to the challenge by establishing the Air Law Practice Group to advise clients on a wide range of air transportation matters and related issues, whether of a regulatory or purely commercial nature.

The practice group offers the following services in this area, among others, advising on:

· Selling, purchasing, financing and mortgaging aircraft frames and engines

· Obtaining approval of technical aspects of aircraft operation, including manuals, certificates and licenses

· Regulatory proceedings and related litigation

· Air charter drafting and related disputes

· Aviation liability issues

· Air cargo claims

· Corporate and planning issues related to operating in Mexico

· Negotiating and preparing agreements with airports for providing airport services, leasing installations, and supplying fuel

· Insurance and re-insurance

· Aircraft registration

· Mexico's regulatory framework including obtaining licenses and permits to provide airport services and national and international air transportation

· Negotiating and obtaining the use of air space, landing rights, and airport gates

· Preparing contracts and other documents relating to cargo and passenger service

· Litigation related to air transportation matters

· Aircraft ground handling issues

· Aviation accidents

· Legal risk management analysis and control

Antitrust

The modern era of antitrust/competition law in Mexico began in 1993 when the Federal Economic Competition Law became effective and inaugurated a new age in the regulation of economic competition in Mexico. The law governs behavior in many areas of interest to clients, including mergers and acquisitions, joint ventures and strategic alliances, unfair competition, distribution and dealer agreements, to name a few.

Antitrust regulation now touches virtually every aspect of doing business in Mexico and plays an increasingly key role, not only in transactions of a purely domestic nature, but also international transactions affecting Mexico.

The Antitrust Practice Group of Basham, Ringe y Correa has been advising clients on antitrust issues since the Federal Economic Competition Law came into force. The group works closely, not only with clients, but very often with their team of international lawyers in order to ensure coordinated compliance with antitrust regulations in all jurisdictions affected by the matter in question.

The practice group offers the following services in this area, among others, advising on:

· Preparing and filing notifications to the Federal Competition Commission

· Antitrust litigation, whether civil or regulatory

· Antitrust compliance in general

Banking & Finance

The recent development of the Mexican economy has created the necessity for Mexican companies to raise funds from different sources, something which has resulted in the development of the Mexican financial system and has turned Mexico into an attractive destination for the placing of foreign funds by foreign financial institutions and private equity funds. Basham, Ringe y Correa has broad experience and offers several services in the financial, banking, and securities sector to domestic and foreign financial institutions, private and public companies, and private equity funds.

The Practice Group offers the following services in this area, among others, advising on:

· The structuring, negotiating, and documenting of loans and other financial transactions, including venture capital and lease financing.

· The creation of security interests such as mortgages, pledges and guarantee trusts, as well as the creation of personal guarantees.

· Due diligence reviews on corporate, real estate, and financial matters of local corporate borrowers in connection with financing and security interests.

· Syndicated loans.

· Local and international loans and financing.

· Debt restructuring.

· Installment sales and retention of title sales.

· The organization, legal auditing, and regulatory compliance of financial entities, including banks, mutual funds, multi-purpose financial institutions (SOFOMES), securities brokers and dealers, insurance companies, bonding companies, and Mexican affiliates of foreign financial institutions.

· The registration of banks and financial, insurance and re-insurance companies and their representative offices.

· Investment and financing by private equity funds.

· Initial public offerings and private offerings.

· Regulatory compliance and corporate governance of public issuers.

· Registration with the National Registry of Securities and the International Quotation System.

· Issuing shares, bonds, debentures and commercial paper.

· Portfolio securitization, asset backed securities (CDO) and structured credit products.

· Project finance.

· Legal risk auditing to Banks and other financial institutions

Civil & Commercial Litigation

While Mexico is generally not as litigious as some countries, litigation is nevertheless a fact of life that faces many clients doing business here. Aware of this, the Litigation Practice Group of Basham, Ringe y Correa is tough, capable and responsive to the challenges of an increasingly sophisticated litigation environment.

While our litigation team is experienced in all aspects of litigation, whether civil or commercial, in all federal and state courts in Mexico, we recognize that litigation is usually viewed by clients as a last resort. For this reason, working closely with lawyers in other practice areas of the firm, our litigators try to anticipate problems before they result in a dispute. When a dispute arises, we make every effort to resolve it prior to litigation, providing objective advice and creative solutions.

At Basham, Ringe y Correa we appreciate the disruption and the cost, both in time and money, that litigation can cause. When it cannot be avoided, we try to minimize the disruption and manage the litigation as efficiently and economically as possible. We keep our clients informed and on top so that they manage the litigation, not the other way around.

The practice group offers the following services in this area, among others, advising on:

· Preliminary investigation and analysis of claims and defenses

· All aspects of litigation before all courts and tribunals in Mexico

· Amparo proceedings

· Bankruptcy and reorganization proceedings

· Enforcing foreign judgements in Mexico

Consumer Protection

The Federal Consumer Protection Office has wide jurisdiction in the area of consumer protection with the result that often clients find themselves caught up in disputes in fields as diverse as product labeling, deceptive advertising, warranty protection, and product liability, to give just a few examples. It is important, therefore, for clients to be able to navigate through this area and if problems arise, be able to count on good advice and capable representation.

The Consumer Protection Group at Basham, Ringe y Correa helps clients in this field, working with lawyers in other areas of the firm to keep clients out of trouble, and if problems arise, advising on how to deal with them.

The practice group offers the following services in this area, among others, advising on:

· Official product standards

· Product liability

· Preparing and registering standard form contracts

· Inspections, closures and product seizures

· Filing complaints and claims

· Problems arising from publicity and unfair competition

· Conciliation and arbitration

· Administrative proceedings, including appealing decisions and the imposition of penalties

Corporate, Contracts & Foreign Investments

Basham, Ringe y Correa's Corporate, Contracts, and Foreign Investment Practice Group assists Mexican and foreign clients in a broad range of corporate, commercial and business transactions. As members of one of Mexico's leading law firms, our corporate lawyers have the experience, knowledge, and judgment required to effectively manage all transactions, from the simplest to the most complex, with speed, efficiency, and success.

The practice group offers the following services in this area, among others, advising on:

· Foreign Investment negotiation and structuring

· Incorporation of companies and limited liability companies

· Opening of subsidiaries and branch offices of foreign companies

· Joint ventures and shareholder agreements

· Commercial contracts

· Construction contracts

· Approvals and permits from all levels of government

· Corporate restructuring, conversions, dissolutions and liquidations

· Corporate record maintenance

Criminal Litigation and Counseling on Crime Prevention

We basically attend to matters related to business situations, supported by professional investigators and specialized examiners in various sciences. Consequently, we benefit from broad experience in combating crimes of patrimony, of industrial and intellectual property, as well as the defense against crimes related to the environment and when companies are threatened by extortionists.

Within our different services we undertake the following activities:

· Preparation and attention to all classes of demands, complaints, and criminal processes for actions that affect companies, their officers, and the relations between them and third parties.

· Support and consulting in the defense of employees and companies in the step of preliminary investigation and criminal processes at the local and federal level.

· Legal auditing for businesses with the purpose of preventing the commission of illicit acts against them and providing information aimed at preventing the development of scenarios that may involve them or their officials in criminal conduct.

· Planning strategies to properly deal with periods of crisis in companies.

· Preparation and attention to demands and judgments of amparo of a criminal nature, including aspects related to protection of personal and real property.

· Attention to criminal processes, both federal and in local jurisdictions.

· Attention to extradition proceedings before competent administrative and judicial authorities.

Some of our achievements, of which we are proud, are:

· We were the first law firm which obtained a conviction for forgery of pharmaceutical products in Mexico.

· We developed guidelines for the implementation of the General Ecological Balance and Environmental Protection Law (Ley General del Equilibrio Ecológico y la Protección al Ambiente), which led to amendments of the Law. In fact, our defense arguments in a criminal case were analyzed by a reputable university in Mexico.

· We set a binding precedent in a case heard by Mexico's Supreme Court, which enhanced victims' rights in the country.

· We brought the first criminal trial for violation of trade secrets in more than two decades.

· We have successfully represented hundreds of companies operating in the country, including those manufacturing consumer-products, pharmaceuticals, automotive and chemicals.

· We have obtained the release of persons unfairly convicted and sentenced to terms of more than one hundred years, for crimes they did not commit.

· We have pioneered legal advice in Mexico on the application of the U.S. Foreign Corrupt Practices Act and the UK Bribery Act.

· We have seriously undermined criminal conduct, due to the successful results that have represented millions of dollars for our clients, and also hundreds of persons have been imprisoned.

· We have significantly fought extortions at national level, claiming sums that in the aggregate have exceeded US$2 billion, including situations that, at the beginning, did not involve a specific amount. We do not hesitate in facing up illegal business using detention facilities.

· We are the representatives in Mexico of ICC Fraudnet, the largest organization in the world of lawyers seeking to recover illegally obtained funds, in addition of being, the Mexican law firm member of Lex Mundi, the largest association of independent law firms in the world.

· Our pro-bono work has been extensive and many organizations that every day fight for a different country are silent witnesses of our work. Currently and among the ways that benefit a community that has given us so much, we are providing legal assistance in a case filed with the Inter-American Commission on Human Rights in Washington, representing a person whose sole "crime" has been to be poor and who was unjustly sentenced to 68 years in prison.

· In summary, we have successfully represented persons who unjustly suffer a criminal justice system, because they are either the accused or the victims.

Environmental

The Environmental Law area at Basham, Ringe y Correa, S.C. offers its clients creative solutions regarding matters in environmental agency, litigation, legal advice and inspection.

The firm has been a pioneer in the incorporation of a specialized group of lawyers and technicians with a great deal experience at a national and international level, who provide our

clients with a comprehensive solution to their inquiries. In addition to an attorney being in charge of a specific matter, a group of specialists is formed from several legal areas and from other complementary disciplines, such as engineers, biologists, and others whose experience and knowledge allow them to enrich our legal advice and representation of our clients, providing them with complete solutions to their needs.

The attorneys in environmental law at Basham, Ringe y Correa, S.C. offer their knowledge and

know-how to our clients on the interpretation and application of environmental regulations...

We direct our clients in the preparing, managing and obtaining of environmental permits and

authorizations from all three levels of government, including environmental risk and impact. In addition, we have the experience necessary to carry out environmental inspections that allow our clients to employ the necessary actions to comply with environmental regulations...

In general, we offer our clients comprehensive, high-quality legal advice, with many years of experience in environmental law and the responsibility resulting from it. Our work includes consulting and litigation in environmental law and the handling of environmental liabilities in company activities.

Some of the services we offer are:

· Assistance in legal proceedings filed with various environmental authorities, including legal advice and the representation of our clients in inspections and administrative procedures, and counsel concerning the compliance with legal obligations imposed by...

· Carrying out environmental inspections in order to identify obligations concerning a specific company, identifying ways to improve, and providing the necessary tools to assure adequate compliance with environmental laws. As a result of such inspections, and in order to guarantee continuous compliance with environmental laws.

· The handling of permits and authorizations for carrying out activities regulated by environmental provisions, including, among others, environmental impact declarations, waste-management plans, risk studies and accident-prevention plans, and obtaining concessions for the use of national waters and the dumping of water waste, and in general the use of natural resources.

· Consulting and assistance in the negotiation of contracts and agreements related to environmental responsibilities and obligations.

· Environmental litigation at a federal, state and local level, including legal counsel and

representation of our clients in all types of administrative procedures, such as audits, the complying with information requirements, imposed penalty procedures, confirming criteria about the interpretation and application of environmental laws, and in general, any administrative remedies...

· We also provide our clients with legal guidance and representation in administrative actions for annulment in environmental law with the Federal Tax and Administrative Court, the State Administrative Courts and of the Federal District, as well as Amparo proceedings against federal laws, rulings issued in administrative remedies or court proceedings, and also administrative acts issued by environmental authorities.

Foreign Trade, Customs and Regulatory

Basham provides legal and technical advice in all types of tax and customs proceedings and litigations, and the development of import-export strategies under the various customs regimes, export promotion programs, assessment of duties (both general and preferential), administrative-law proceedings against international unfair trade practices (dumping, subsidies, and safeguards) and and actions against government investigations to determine origin of goods imported under preferential tariff treatments, procedures to release payment of antidumping duties, compliance with non-tariff regulations and barriers, authorizations, permits, notices, etc. Our lawyers are thoroughly experienced in the interpretation and application of treaties and agreements signed by Mexico.

In this area the Firm offers the following services, among others:

· Registration of companies in the General Importers' List (Padrón General de Importadores).

· Tariff classification of imported and exported goods.

· Customs valuation of imported goods.

· Advice in the preparation of certificates of origin.

· Determination, processing and obtaining of certificates of compliance of goods with mandatory Mexican Official Standards ("NOMS") at the point of entry, lobbying on behalf of our clients with federal authorities to modify or create NOMS, as well as non-tariff regulations and barriers, including notices, permits, and authorizations from federal authorities to import and export goods.

· Actions against rulings issued by custom authorities during and after customs clearance.

· Preventive and corrective customs audits.

· Export IMMEX programs.

· Negotiations to eliminate and/or reduce duties on imported goods.

· Registration of companies in sector promotion programs (PROSEC).

· Processing and obtaining the Eighth Rule (created by the Mexican Government as a mechanism that exempts raw materials, that are not produced in Mexican territory, from the payment of import duties).

· Bonded warehouses.

· Advance rulings on foreign trade treaties for goods and services.

Consumer Protection

Basham is at the forefront on supplier-consumer and authority-supplier relationships; thus, our lawyers have considerable experience and enjoy great recognition in this area.

In this area the Firm offers the following services, among others:

· Opinions on preparation and registration of contracts of adhesion.

· Preparation and handling of claims.

· Challenge of administrative rulings and penalties.

· Conciliation procedures.

· Procedures against infractions to the law.

· Comparative advertisement and unfair competition procedures.

· Advice on application of NOMS with respect to mandatory consumer information, as well as negotiation and lobbying with authorities to modify or issue new NOMS.

· Inspections to verify compliance with NOMS related to consumer information.

· Notices on marketing that consist of collecting cards and/or games of chance and contests.

· Closing down of business premises and immobilization of goods.

We have pioneered in the Product Liability concept as a concept not contemplated by statute law, providing specialized guidance and advice to our clients on this matter.

Health / Regulatory

In the health area, we provide expert advice and keep our clients informed on changes in the applicable standards and regulations that must be complied with by manufacturers, suppliers, warehouse companies and importers, among others, in the manufacture and sale of medicines, medical devices, food, alcoholic or non-alcoholic beverages, tobacco, cleaning products, beauty care and/or toiletries, fertilizers, pesticides, toxic substances and other similar products subject to health regulations.

The Firm offers the following services, among others:

· Audits to determine compliance with health standards and regulations.

· Advice on legal requirements to manufacture, supply, distribute, trade and import products subject to health regulations.

· Obtaining rulings.

· Administrative-law proceedings on health matters, negotiations with health authorities and appeal against administrative-law rulings.

· Processing and obtaining health notices, permits, and registrations with the Federal Commission for Protection against Health Risks ("COFEPRIS"), and other competent health authorities.

· Obtaining authorizations to advertise products subject to health regulations.

· Advise on application of NOMS, as well as negotiate amendments thereto or issuance thereof.

· Lobbying with government authorities and entities.

Franchising

Franchises have become a strategic element in the business development plans of many small, medium and large companies. Many names familiar throughout the world have established franchises in Mexico and the trend is accelerating. Basham, Ringe y Correa provides a broad range of advice to both franchisors and franchisees in every phase of franchising.

The practice group offers the following services in this area, among others, advising on:

· Establishing franchises

· Preparing franchise agreements

· Franchise financing

· Providing assistance in employment and human resources matters

· Negotiating and preparing technical assistance, trademark and other intellectual property agreements

· Dispute resolution

Health

As global inter-dependence increases and public awareness in Mexico of the importance of more care in protecting public health grows, the health regulatory regime in Mexico is becoming ever more complex. Basham, Ringe y Correa has responded to this trend by establishing a Health Practice Group to help clients comply with health requirements, working closely with those in related practice groups in the firm.

The practice group provides advice on virtually every aspect of health law and monitors developments in the area in order to keep our clients informed of changes in the legislative and regulatory framework. The group can furnish information concerning the regulations that must be complied with, and the permits that must be obtained by manufacturers and importers, for the preparation and sale of food, alcoholic and non-alcoholic beverages, tobacco, cleansers, cosmetics, and medicines as well as fertilizers, pesticides, toxic substances, veterinarian and other similar products also subject to health regulation.

The practice group offers the following services in this area, among others, advising on:

· Obtaining health permits from and registration with the Department of Health for foods, beverages, drugs and other products

· Filing or defending administrative proceedings, negotiating with health authorities, and appealing government rulings

· Obtaining permits to advertise products and services subject to health regulations

· Obtaining authorizations for importing health regulated products to be sold in Mexico

· Assisting in internal audits to measure compliance with health regulations

· Official health standards

· Obtaining advance rulings from health authorities

· Lobbying of government officials and agencies

Immigration

Increasing foreign investment in Mexico, as well as its being an attractive retirement destination, have increased the number of expatriates living in Mexico, both requiring compliance with immigration regulations in order to live and work here. The influx of expatriate employees affects most multinational companies operating in Mexico since most have at least some foreign nationals working in their Mexican subsidiaries.

The Immigration Practice Group of Basham, Ringe y Correa is experienced in all immigration matters, from obtaining visas for expatriates working in Mexico to obtaining residency status and citizenship. The group is skilled in assisting expatriates in resolving any immigration problems during their stay in the country, including the temporary importing and re-exporting of household furniture and effects and obtaining visas for spouses and children. The group often works in close coordination with the Labor Practice Group to ensure that the complete employment needs of clients are met.

The practice group offers the following services in this area, among others, advising on:

· Obtaining visas to work, invest, conduct business, attend business meetings, provide technical assistance, study or otherwise live and/or work in Mexico

· Obtaining permanent resident or citizenship status

· Importing household furniture and effects as well as motor vehicles

· Obtaining passports and visas for Mexicans travelling outside Mexico

· Transacting changes of nationality, marital status, domicile and authorized activities in Mexico

· Challenging decisions of the Immigration Service before administrative tribunals and federal courts

Intellectual Property

The Intellectual Property Practice Group of Basham, Ringe y Correa is one of the largest and most important in Mexico and is dedicated to the protection of some of the world's most famous trademarks, patents and copyrights. The practice group is built on the foundations of an intellectual property practice that predates the founding of the firm in 1912 and many of our intellectual property clients have been with the firm continuously since that time.

The firm provides legal assistance in connection with patents, industrial models and designs, trademarks and names, slogans, copyrights, and all other related legal matters and has the on-staff experts, including a chemist, a biologist, engineers, and translators, needed to provide technical assistance. The services of the firm in intellectual property are very broad and encompass all aspects of intellectual property including developing strategies, advising on tax issues, carrying out civil, administrative and criminal litigation, and developing measures to protect intellectual property rights and prevent piracy.

The practice group offers the following services in this area, among others, advising on:

· Preparing, filing, maintaining, and enforcing all types of intellectual property rights, national and international, including patents, copyrights, and trademarks

· Preparing technical analyses to determine if inventions are patentable

· Analyzing industrial designs and drawings

· Developing strategies to protect intellectual property rights including those designed to prevent the sale and distribution of counterfeit merchandise

· Protecting computer programs and literary, musical, educational, scientific and technical works

· Protecting confidential information

· Licensing and structuring technology transfers, technical assistance, and payment of royalties

· Litigating in intellectual property matters before courts and administrative authorities, including civil and criminal actions

Labor, Employment & Social Security

Under the concept of Labor Sustainability, Basham designs, promotes, and implements complete employment, immigration, and social security programs for our clients and their work force.

Our experience and knowledge of labor law, results in being able to respond effectively while maintaing high standards of quality regarding employment issues facing our clients. The firm focuses on adding value to employment matters in the areas of:

· Human capital

· Profitability

· Stability

· Social responsibility

· Comprehensive planning

The firm provides our services to national and multinational companies and institutions engaged in a wide variety of businesses, helping them to optimize their human and material resources by adding value by what we do.

The firm is aware that each client expects to receive objective advice, proven strategies, and professionalism. We therefore offer innovative, timely and complete solutions, as well as practices that fit our client's specific needs to help them to make the best decisions for their business.

Our daily practice in the Labor Area, as well as the fact that we are a renowned law firm, have allowed us to create and maintain close contact and collaboration with various government agencies and other organizations in the labor field, both at the federal and state levels, as well as with a variety of international organizations.

Government agencies such as the Labor Ministry, The Federal and State Conciliation and Arbitration Labor Boards, as well as public opinion leaders recognize our firm as one of the best in this field.

The firm has been chosen as the Mexican representative for the global alliance network of labor lawyers, IUS Laboris, which allows us access to information, strategies, resources and best practices from other firms around the world.

Basham's Labor Area has been recognized in several national and international forums, among them, Latin Lawyer, HierosGamos, Chambers Latin America and Who's Who Legal, being distinguished as one of the best labor practices in Mexico and Latin America.

We have maintained our leadership by contributing to many global publications, such as "Getting the Deal Through," "Doing Business," and "Practical Law Company," among others.

"In our daily practice we have worked for more than 96 years contributing to social, economic, and political changes that benefit Mexico, its companies, institutions, but above all, its people"

SERVICE PORTFOLIO

Basham Labor is made up of thirty lawyers, all experts in employment, social security and immigration matters. Some of the specialized services we provide are:

CONSULTING AND LITIGATION

CONSULTING

· Preventive advice in labor matters.

· Due diligence reviews in order to avoid future labor liability.

· Individual employment agreement preparation.

· Collective agreement negotiation.

· Planning for expatriates working in Mexico and Mexicans working abroad.

· Advice on inspections carried out by the Labor Ministry.

· Creation and implementation of compensation plans for employees, both at the local and international levels.

· Strategies for personnel transfers in corporate restructuring.

· Confidentiality and non-competition agreement preparation.

· Review and update of human resources' procedures and policies, as well as of internal labor regulations.

· Digitalization of labor administrative controls with legal force (advanced electronic signature).

· Drafting and registration of training programs.

· Formation, registration, and operation of employee-employer committees.

· Profit sharing advice.

· Strategies for the termination of employment agreements.

LITIGATION

· Strategies for the defense of companies against individual and collective labor claims.

· Representation of clients regarding labor actions throughout Mexico.

· Information to clients on the status of labor litigation.

· Negotiations with unions.

SOCIAL SECURITY

CONSULTING

· Compliance with social security obligations.

· Advice on calculation of basic salary used for determining social security contributions.

· Training in compliance with tax obligations.

· Review and determination of work risk premiums.

· Challenging social security tax assessments by the IMSS and INFONAVIT.

LITIGATION

· Administrative proceedings, annulment actions, and amparo appeals against tax assessments issued by the IMSS and INFONAVIT.

· Significant reduction in amounts payable for improper social security assessments.

IMMIGRATION

VISAS AND WORK PERMITS

· Advising on the most appropriate type of visa

· Obtaining visas for:
- Work
- Investment
- Business
- Studies
- Professional practice
- Residence in Mexico
- Assistance at conferences and business meetings
- Carrying out artistic, sports and recreational activities

· Naturalization proceedings.

· Importing of household goods and automotive vehicles.

· Naturalization.

· Notices to immigration authorities of change in marital status, address and authorized activities.

· Marriage and adoption permits.

· Administrative appeals in immigration matters.

· Legalization and apostille proceedings for the international use of official documents.

Shipping Law and Ports Law

With Mexico's growing integration into the global economy and the resulting increase in imports and exports by sea, Mexico's ports have assumed more importance and with this, maritime law has taken on greater significance. As a result, Basham, Ringe y Correa has also seen an increase in its maritime law practice. The firm's Maritime Law Practice Group advises clients on a wide range of maritime transportation matters and related issues, whether of a regulatory or purely commercial nature.

Our practice group offers the following services in this area, among others, advising on:

· Acquiring, constructing, leasing, registering, and financing ships

· Navigation and the carriage of people and goods by sea

· Representing clients in regulatory proceedings and related litigation

· Preparing charter parties, bills of lading and other documents relating to cargo and passenger service

· Public and private procurement and competitive bidding involving ports

· Ship's liens and mortgages

· Towage, pilotage, collisions, and salvage

· Resolving international jurisdictional disputes involving shipping

· Legal risk management and limitation of liability

· Obtaining navigation permits

· Insurance and reinsurance

Mergers & Acquisitions

Basham's M&A Expertise

At Basham, we are committed and prepared to assist our clients in closing deals.

M&A

Buyside Representation

Sellside Representation

Joint Ventures

Strategic Partnerships and Alliances

Tender Offers & Exchange Offers

Restructurings

Spin-Offs & Divestitures

LBOs & Buyouts

Buybacks & Other Equity Transactions

Auctions

Mining

Our Firm offers services related to the mining industry, representing various national and multinational companies in this sector. Our Firm has actively taken part in mining development projects in Mexico, advising clients on obtaining mining concessions from the federal government, as well as on the purchase of mining companies. Experience, added to close contact with the government agencies involved, enables our Firm to offer clients efficient and rapid service.

OUR MINING EXPERIENCE

· Obtention of Permits & Authorizations;

· Project Finance;

· Specialized Administrative Litigation;

· Due Diligence on Mining Companies;

· Regulatory Matters Advice;

· Environmental Advice;

· Drafting Contracts

· Voluntary audits

· Incorporating mining companies and registering them with the Public Mining Registry;

· Obtaining and renewing mining concessions;

· Purchase and sale of mining companies;

· Temporary use or the expropriation of surface rights over mineral claims;

· Tax & corporate restructures of mining companies;

· Real Estate matters affecting mining projects, including agrarian lands.

Oil & Gas

Basham, Ringe & Correa, S.C. is a leading full service law firm in Mexico; with presence in Monterrey and Queretaro, our firm is dedicated to steering national and multinational companies in providing services related to the oil & gas sector, obtaining authorizations and permits, and sale or supply of equipment to individuals and to governmental entities, as well as purchasing companies or assets of the sector. In addition, the lawyers and engineers in our group work closely with those in other areas in the Firm in advising clients with respect to oil & gas projects.

Our experience has been extended over the years; nowadays our firm is proud to handle oil & gas projects in which we advise investors from the design & financing of infrastructure and oil & gas projects to its duly execution in compliance with Mexican laws (LNG & LPG projects; secondary petrochemicals; pipelines; platforms, etc).

OUR OIL & GAS EXPERIENCE

· Consortiums applicable to bidding processes;

· Drafting Contracts;

· Environmental Advice;

· Bidding Procedures;

· Specialized administrative litigation;

· Obtention of Permits & Authorizations;

· Regulatory matters advice;

· Project Finance

· Due diligence to companies in the energy sector;

· Advise & support in projects for the transportation, storage and distribution of natural gas, as well as LPG & LNG projects;

· Advise in the compliance of environmental & administrative laws and regulations by companies that participate in the energy sector.

Power and Renewable Energies

Basham, Ringe & Correa, S.C. is a leading full service law firm in Mexico; with presence in Monterrey and Queretaro, our firm is dedicated to steering national and multinational companies in providing services related to power & clean energy projects development from renewable energy sources. We have a dedicated energy team that understands the different schemes by which investors can invest in our country in power generation. In such regard, we obtain authorizations and permits, and sale or supply of equipment to individuals and to governmental entities, as well as purchasing companies or assets of the sector. In addition, the lawyers and engineers in our group work closely with those in other areas in the Firm in advising clients with respect to power projects.

Our experience has been extended over the years; nowadays our firm is proud to handle power & clean energy projects from the design & financing of infrastructure to its duly execution in compliance with Mexican laws (co-generation; self-supply; independent power producers'; exportation schemes, etc.).

OUR RENEWABLE & POWER ENERGY EXPERIENCE

· Drafting Contracts;

· Environmental Advice;

· Advice in the record of projects as Clean Development Mechanisms

· Specialized administrative litigation;

· Obtaining of Permits & Authorizations;

· Regulatory matters advise;

· Project Finance;

· Due diligence to companies in the energy sector;

· Advice in the compliance of environmental and administrative laws and regulations by companies that participate in the energy sector;

· Bidding procedures;

· Advice in projects related to the supply, construction and/or render of services; and

· Advice and support in self-generation, co-generation, independent generation, small scale generation projects and exportation of electrical energy.

Privacy and Data Protection

The current and amazing development of information technologies entails significant advantages for economic growth, data exchange (including personal data), improvement in the quality of life, as well as in administrative, social and cultural activities. However, the improper use of such technologies may cause important financial losses, serious risks for human safety and may also threaten privacy and adversely affect informative self-determination rights.

Basham, Ringe y Correa, S.C. has created a privacy and data protection practice responding to the need of protecting one of the most important assets of a company, such as its information, as well as to the recognition of the protection of personal data as a fundamental right of individuals and a company's constitutional obligation to safeguard it.

The lawyers of this area are specialized and qualified to help our clients achieve a balance between the appropriate data protection and the smooth conduct of their normal activities. Our firm is in a position to provide clients with updated and high quality legal advice on a timely basis.

Our legal services in the privacy and data protection area are, among others:

· Advice and guidance on properly complying with personal data protection statutes, including areas such as labor, social security, banking, financial, health, and consumer protection.

· Advice in connection with the management of a company's information.

· Drafting and implementing privacy policies.

· Drafting and implementing privacy notices, as required by law.

· Preparation of information flow charts to correctly furnish privacy notices to employees, suppliers, customers, etc.

· Advice and guidance on the way in which applications with respect to ARCO rights should be handled and answered. (ARCO rights stand for access, rectification, cancellation and objection rights).

· Data protection litigation filed with administrative authorities and courts of law.

· Advice and guidance on drafting and implementing codes of conduct and good practices.

· Recommendations for blocking and deleting personal data.

· Advice on national and international transfers of data.

Real State

Real estate development in Mexico is often a more complex process than that found in other countries due to Mexico's unique history, resulting in, for example, communal property (ejidos), and constitutional restrictions on the ownership of land by non-Mexicans, all of which may affect client real estate projects. At Basham, Ringe y Correa, our Real Estate Practice Group knows the pitfalls and how to deal with them. The firm acts for a variety of clients in all phases of real estate development throughout Mexico including structuring, negotiating, and implementing the buying, selling, leasing, and financing of commercial, industrial, tourist, and residential developments.

The practice group offers the following services in this area, among others, advising on:

· Negotiating and preparing agreements related to property development for commercial, industrial, residential, and tourist projects

· Land use and zoning issues

· Preparing purchase and sale agreements

· Negotiating and preparing leases

· Negotiating and preparing agreements related to industrial, commercial, tourist and residential developments, including condominiums

· Arranging rights-of-way and other easements

· Preparing options and rights of first refusal

· Arranging trusts for non-Mexicans acquiring land along the cost or border zones

· Investigating and registering property in public property registries, including preparing reports on title

· Acquiring water supply and waste water discharge authorizations

· Expropriations

· Representing clients in dealing with federal, state and local agencies with respect to regulatory compliance

· Removing land from communal property (ejido) control

Shipping Law and Ports Law

With Mexico's growing integration into the global economy and the resulting increase in imports and exports by sea, Mexico's ports have assumed more importance and with this, maritime law has taken on greater significance. As a result, Basham, Ringe y Correa has also seen an increase in its maritime law practice. The firm's Maritime Law Practice Group advises clients on a wide range of maritime transportation matters and related issues, whether of a regulatory or purely commercial nature.

Our practice group offers the following services in this area, among others, advising on:

· Acquiring, constructing, leasing, registering, and financing ships

· Navigation and the carriage of people and goods by sea

· Representing clients in regulatory proceedings and related litigation

· Preparing charter parties, bills of lading and other documents relating to cargo and passenger service

· Public and private procurement and competitive bidding involving ports

· Ship's liens and mortgages

· Towage, pilotage, collisions, and salvage

· Resolving international jurisdictional disputes involving shipping

· Legal risk management and limitation of liability

· Obtaining navigation permits

· Insurance and reinsurance

Tax

Consulting & Litigation

Every business plan or model must comply with domestic and international tax provisions. For this reason, Basham, Ringe y Correa, S.C. assists our clients in meeting their tax obligations, under the Law.

Aware of our clients' concerns regarding the frequent amendments to tax provisions, Basham,

Ringe y Correa, S.C. offers a wide range of tax planning services to maximize the efficiency of their transactions.

Accordingly, we relentlessly strive to find synergies between our clients' business plans or models and the tax provisions. We know every clients expects objective advice, sound strategies and commitment from their advisors. For this reason, we offer comprehensive and innovative tax solutions.

In light of the level success Basham, Ringe y Correa, S.C. has achieved in Mexican courts. The Firm is very highly regarded among public officials, including, judges and justices from the Supreme Court.

Our tax attorneys have pursued graduate tax studies in domestic and foreign universities. Likewise, they actively participate in domestic and foreign professional associations. This blend of academic and practical experience makes them true leaders in the market.

Basham's leadership in taxation is widely spread both nationally and internationally. For example, in 2010, the firm was recognized in the tax area as the "Best Tax Litigation Firm in Mexico" by the International Tax Review.

TAX PLANNING

· Domestic and international tax planning.

· Due-Diligence.

· Corporate reorganization.

· Mergers, spin-offs and acquisitions.

· Global solutions.

· Solid alliances with foreign law firms.

· Tax consulting.

· Tax incentives.

TAX LITIGATION

· Application for reconsideration.

· Nullity actions.

· Customs Litigation.

· Constitutional Litigation.

TAX AUDITS

· Review of auditors and tax reports by tax authorities and tax filings.

· Union objections.

· Tax audits.

PROCEDURES WITH TAX AUTHORITIES

· Rulings, permits and authorizations.

· Following of tax requirements (tax compliance).

· Unilateral or bilateral APA's.

GOVERNMENT AND FOREIGN CHAMBERS

· Congress tax consultants.

· Tax consultants within the following chambers:
- The Mexican Chamber of Commerce.
- The British-Mexican Chamber of Commerce.
- The French-Mexican Chamber of Commerce.
- The Italian-Mexican Chamber of Commerce.
- The Chamber of Commerce of Israel.
- The American Chamber of Commerce.
- Nordic Chamber of Commerce.

Telecommunications

During the last few years, the face of communications in Mexico has changed dramatically with the communications sector, previously closed to private or foreign investment, now increasingly open, although foreign investment is still limited by law. In spite of the limitations, the result of change has been a substantial increase in foreign investment and involvement in communications. Basham, Ringe y Correa has responded to the increasing need for specialized legal services in this area by establishing a Telecommunications Practice Group consisting of lawyers committed to providing leading edge counseling as well as keeping abreast of changes in the regulatory environment.

The practice group is also in the forefront in Mexico in acting for technology and internet related clients and their projects, working in coordination with lawyers in the Intellectual Property Practice Area of the firm.

The firm offers the following services in this area, among others, advising on:

· Obtaining permits, licenses and other authorizations, including public or private network service, satellite, radio, paging, cellular, television (broadcast, cable, multipoint, multichannel distribution, systems), long distance or local telephone, data transmission, among others

· Regulatory proceedings

· Legal frameworks for local and long distance telephone and other communication services such as internet and E-mail

· Rates, cross subsidies, government regulation

· Tax and intellectual property aspects of telecommunication

· Acquiring, operating and financing communication facilities

· Public network interconnection agreements with national and foreign telecommunication networks

· Public and private procurement and competitive bidding

· Licensing, manufacturing and distribution of technology and telecommunication products and services agreements

· Controlling pirating in electronic business

· Internet activity including advertising, development of software, gateways, and licenses

· Harmonizing telecommunication equipment

Trucking and Railroad

Trucking is by far the most important means of shipping goods in Mexico, both in serving the national market and in importing and exporting. In the last few years, and as a consequence of NAFTA, the Mexican legal framework governing land transportation has been considerably modified in order to, among other things, allow foreign investment to take part in international land transportation beginning or ending in Mexico. Reflecting the need for substantial investment in surface transportation, new toll superhighways have been built, railroads privatized, and private industry generally has assumed an increased role, often taking over functions previously left exclusively to the government. Much, though still remains to be done. The Land Transportation Group of Basham, Ringe y Correa advises clients on a wide range of land transportation matters and related issues, whether of a regulatory or purely commercial nature.

The practice group offers the following services in this area, among others, advising on:

· Regulatory frameworks including international operations

· Regulatory proceedings and litigation related to transportation

· Obtaining permits and concessions for operating public and private transportation services

· Obtaining licenses or concessions for the construction and operation of railroads, highways and bridges

· Acquiring, operating, and refinancing of transportation vehicles and facilities

· Preparing contracts and bills of lading as well as other documents relating to cargo and passenger service

· Courier services

· Insurance issues

Trusts

While the concept of a trust under Mexican law is not precisely the same as under a common law legal system, nevertheless the trust is a legal structure recognized and actively used in Mexico.

The practice group offers the following services in this area, among others, advising on:

· Acquiring real estate in the border zone and along the coast

· Building transportation networks such as highways, ports and airports

· Carrying out commercial, industrial, residential, and tourist developments

· Estate planning

· Insurance

· Securing loans and other obligations

· Administering pensions, savings funds, and other employment related payments

· Administering the use of shares, securities, and other negotiable instruments

· Succession and estate planning



 


Statement of Practice Summary:
Aerospace; Administrative, Privatizations & Biddings; Aviation & Airports Law; Antitrust; Banking & Finance; Civil & Commercial Litigation; Consumer Protection; Corporate, Contracts & Foreign Investments; Criminal Litigation and Counseling on Crime Prevention; Environmental; Foreign Trade, Customs and Regulatory; Health / Regulatory; Franchising; Health; Immigration; Intellectual Property; Labor, Employment & Social Security; Consulting and Litigation; Social Security; Shipping Law and Ports Law; Mergers & Acquisitions; Mining; Oil & Gas; Power and Renewable Energies; Privacy and Data Protection; Real Estate; Tax; Consulting & Litigation; Tax Planning; Tax Litigation; Tax Audits; Procedures with Tax Authorities; Government and Foreign Chambers; Telecommunications; Trucking and Railroad; Trusts.




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