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For our Firm it is very important that each of our clients has timely and quality legal advice according to their particular needs.
For this and reason, we have developed self-assessment tools that aim to identify compliance with companies’ obligations and the possible risks and contingencies arising from their activities. The report produced by these tools allows us to detect and prioritize areas of opportunity to recommend preventive and corrective measures in a weighted manner.
The reports may also be used to delve into sensitive issues and thus formulate and implement compliance plans and programs, as well as to make historical comparisons, which are recommended at least once a year. This allows both officials and advisers from each area to measure risk mitigation and to use opportunity areas throughouttime.
Assessments
Self-diagnosis tools that allow the identification of possible risks and contingencies in a specific legal area, in such a way that they support decision-making and preventive or corrective measures by the company. Recommended to be carried out annually, or every time there is a substantial change in your company in a legal area.
Environmental
The environmental assessment seeks to identify risks within the company in the various axes that compose up the environmental obligations, such as:
- Waste Management (hazardous, special management, urban solid)
- Emissions to the atmosphere
- Environmental impact national waters
- Analysis of the status of the company regarding agribusiness
This assessment, in addition to measuring risks, will allow the identification of opportunity areas to improve the environmental efficiency of the company, and to be in compliance with the applicable legislation.
Antitrust
The antitrust assessment seeks to identify the level of potential risks in terms of compliance with the antitrust legislation, the level of policies and preventive measures, and the opportunity areas within the field.
With this assessment, the company will be able to determine those areas in which it is convenient or necessary to implement preventive and corrective measures, develop or update legal compliance programs that include policies, guides, training plans and monitoring systems; and where applicable, identify the need to carry out a more in-depth review and evaluation in certain aspects.
Tax
The tax assessment is intended for the company to carry out a self-assessment and analysis of its compliance and knowledge of tax impacts in different areas, such as contributions from partners, agreements between related parties, capital increases, mergers, acquisitions, contracts, among others.
With this assessment, possible risks derived from current and/or past audits can be evaluated, in addition to the requirements by the authority.
Immigration
The tax assessment is intended for the company to carry out a self-assessment and analysis of its compliance and knowledge of tax impacts in different areas, such as contributions from partners, agreements between related parties, capital increases, mergers, acquisitions, contracts, among others.
With this assessment, possible risks derived from current and/or past audits can be evaluated, in addition to the requirements by the authority.
Foreign Trade
With the foreign trade assessment, it will be possible to verify the level of compliance of the company, as well as the officers’ knowledge that in three different areas:
- Regulations and restrictions on foreign trade matters, including international treaties and programs
- Infrastructure, equipment and internal procedures to ensure compliance
- Risks derived from audits or past/existing litigation
Through a traffic light indicator, the client will be able to visualize the level of compliance of the company in each of these items, as well as recommendations for corrective actions to mitigate any related risk.
Note: It is extremely important that this assessment is carried out by the person in charge of the foreign trade area within the company.
Compliance
The compliance assessment has the purpose of evaluating the level of compliance within the company in regards to personal data protection, anti-corruption and money laundering.
Derived from the applicable legislation in the aforementioned matters, there are obligations for companies such as: establishing money laundering policies and an integrity manual, submitting data privacy notices that comply with what is required for each case, submitting reports of invalid activities before the SAT, among others.
Through a traffic light indicator, the client will be able to visualize the level of compliance of the company in each of the areas, as well as recommendations for corrective actions to avoid risks, fines and other sanctions for the company and its collaborators.
Real State
The real estate assessment aims to identify in a practical and efficient way the status of the company in the following areas:
- Legal ownership or possession of the property in which it carries out its activities
- Fulfillment of obligations in relation to the occupation and operation of the property
- Identification of periodic obligations regarding the use and operation of the property
- Services that the property has
- Use of the property according to its business and location
- Identification liens or domain limitations on the property
This assessment will allow the company to identify opportunity areas within the legal ownership or possession of the property, as well as the development of operations in its plant and/or establishment.
Intellectual Property
The intellectual property assessment seeks to identify those intangible assets that can be protected in Mexico, or, if appropriate, to determine if they have been properly maintained (renewals, payment of annuities, etc.).
With this assessment, the company will be able to determine existing risks in case of improper or unauthorized use of industrial property rights of third parties, such as: trademarks, patents, or copyrights (software, music or images).
Corporate
The purpose of the corporate assessment is to identify the status and level of compliance in which the company is, regarding its legal-corporate obligations inherent to its day-to-day operations, in accordance with the provisions of the different laws that regulate companies in Mexico, such as:
- The General Law of Commercial Companies
- The Income Tax Law
- The Federal Tax Code
- The Foreign Investment Law, among others
This assessment will allow the company to know, among other things, if it has an appropriate corporate governance in accordance with is specific needs and circumstances, as well as to identify the need or convenience of carrying out statutory, organic or any other modifications, in compliance with the applicable legislation.
Labor
The labor assessment allows to verify the level of compliance in terms of employer obligations that the company has, in the following areas:
- Discrimination and workplace harassment
- Free syndication
- Use of outsourcing
- Risk commission schemes
- Updating of compliance processes to the NOMs
Employer obligations can lead to fines from MXN $ 22,250.00 to MXN $ 4’450,000.00, and on some occasions, with a multiplier that is applied per employee affected by their working conditions.
Cybersecurity
Check Ups
Self-diagnosis tools that allow the identification of possible risks and legal contingencies in a particular matter of relevance. Check Ups arise as a response to reforms or substantial changes in the legal landscape to which a company must consider an agile reaction.
National Waters
With the assessment of national waters, it will be possible to verify the level of compliance related to the obligations to which the company is subject in relation to that established in the National Water Law. Additionally, the validity and status of the concession titles and the permits that may be held can be verified.
This assessment will allow the client to identify possible risks that may exist in the event of anomalies in the hydraulic installations.
NOM 035
The NOM 035 assessment seeks to identify the psychosocial risk factors within the company in accordance with the standard, pointing out those items that require immediate attention.
With this assessment, the company will be able to determine specific actions to comply with Mexican legal provisions, and thus avoid fines that can reach up to MXN $ 535,350.00.
Security and Health at Work
The purpose of the assessment of safe return to work is to identify the level of compliance of the company with the provisions issued by the health and labor authorities regarding the reopening of businesses and their administration for the protection of workers and users, consequently of Covid-19.
With this assessment, the company will be able to determine its compliance through a traffic light indicator, which will allow the design of immediate corrective plans.
Our Dashboards
Contract Management Dashboard
This control panel allows a general visualization of the contracts that your company has concluded with its clients and suppliers, the development of statistics for the measurement of compliance and/or renewal, as well as the possibility of including the documents referring to the initial proposal and final versions of the contracts.
Litigation Management Dashboard
This control panel is an ideal tool for a practical visualization and management of the litigation matters that your company has, since it allows you to follow up on the lawsuits at each procedural stage and filter them based on amounts, status, dates and other customizable criteria.
Corporate Dashboard
This control panel is designed for companies or business groups with a significant number of officers and proxies to carry out the company’s operations. The visibility of both the powers of attorney and the current bylaws are needed, as well as their up-to-date corporate books digitally.
The satisfaction and trust of our customers is our measure of success
The firm has solid experience in advising organizations particularly in Corporate Law, Tax, Labor, Foreign Trade and Real Estate.
— The Legal 500
Cuesta Campos has always been pro-active in providing timely and pertinent information to help us set our operation right. We have already been able to verify through our operations that what they advised us to do was right and is indeed effective in protecting our interests.
— Pascal Auburtin, VP y Director General, EFI Automotive
Cuesta Campos has kept us safe from legal risks, they work under preventive principles and anticipate potential liabilities.
— Flex Mexico
They have a great capacity of response and ingenuity, excellent quality standards and a great knowledge in local regulation.
— Chambers and Partners
The service is excellent with fast and reliable responses and, above all, they use simple, understandable language to explain legal terms.
— Chambers and Partners
Different sources point out that the lawyers are ‘very knowledgeable and take the initiative in matters, always following up without being requested.
— Chambers and Partners
Cuesta Campos offers an excellent and personalized service, with a great business vision.
— Chambers and Partners
Different sources point out that the lawyers are ‘very knowledgeable and take the initiative in matters, always following up without being requested.
— Chambers and Partners
His team is recognized for representing multinational clients in acquisitions in Mexico, as well as for his experience in legal audits in anticorruption, and the firm advises a remarkable list of clients with a high global impact.
— Chambers and Partners