Timeshare Scams targeting owners in Mexico

Posted Posted in English

Are you a timeshare owner in Mexico and you have been contacted by a potential buyer? You should read this to avoid being a victim of timeshare scams.

Timeshare, also known as “vacation ownership”, “holiday ownership” and “interval ownership” is a blooming industry. According to the ARDA,  it continues to lead the hospitality sector with a 10.2 Billion market and 80.8% average occupancy  just in the United States, but also, the numbers of timeshare scams have increased in the last year.

Today  an important market to acquire and resale a timeshare is available but also, the numbers of victims of timeshare scams have raised; according to Consumer Report, an independent non-profit organization, timeshare owners have been targeted by scammers

You might want to sell it due economic reasons or because your lifestyle has changed; nevertheless, you should consider the following steps before  you are another victim timeshare scams:

  1. Full disclosure; as any other transaction, you should get full disclosure about any party involved in the deal including, potential buyer, agents, attorneys; timeshare scams usually do not provide clear information.
  2. Due diligence; before, sending any personal and sensitive information, you should review all related documentation, including letters of intent, contracts, agreements promotional materials, etc. Timeshare scams are fishing for personal and sensitive information, including bank information;
  3. Keep track; you should request that any promise or offer is in writing. Timeshare scams will try to avoid leaving a paper trail.
  4. Do not signing any document until you have been advised by your attorney. Timeshare scams are designed to mislead educated people with not legal experience.
  5. Do not send nor receive money until you have completed the previous steps. Timeshare scams will ask for several small amounts until you realize you ara facing a substantial economic loss.

Please keep in mind that timeshare scams are very sophisticated structures designated to mislead intelligent and well-intentioned people like you; therefore, you should get help from a seasoned professional in the industry to avoid a be a victim of a timeshare scam.

Since 2007 we have been assisting Canadians dealing with legal needs in Mexico including timeshare scams.

Have you been asked to sale your timeshare in Mexico? contact me now  before is too late.

Cannabis in Canada

Posted Posted in English

What is Cannabis?

Cannabis is a drug derived from the family of plants that includes hemp. It can be smoked or eaten. Use of cannabis produces a mild sense of euphoria, as well as impairments in judgment and lengthened response time. Although the plant’s use e is illegal in most parts of the world, the plant has shown to have some potential for medical use, particularly as a palliative for glaucoma and disease-related loss of appetite and wasting, as is often seen in cancer, AIDS, and other illnesses.

On April 2017 the canadian federal government presented the law project (Cannabis Act, Bill C-45) to legalize marihuana with recreational purposes, they hope it’ll be approved by the month of July this year.

The implications of this are varied and would have all sorts of repercussions in different fields, such as commerce, health, public policy etc.

Regulation

Even though this is a federal regulation each province will be responsible for deciding the model for distribution and selling of the product. Up to now, 5 of the 10 provinces have developed a legal framework regarding the sell of the product

The federal government will be in charge of regulation and authorization, with the approval of this law they hope to have concrete results in three different areas; first, reliable quality controls for the population and that can help the politics of public health; second: an important economic impact when formalizing a million dollar industry and thirdly, decriminalization of social conducts widely accepted in Canada.

If you’re interested in planting and harvesting for personal consumption , you can have a maximum of four plants each with a height of no more than 100 cm.

Share this blog post if you found it useful and do not hesitate to contact us at info@mclawoffice.ca if you have any doubts or questions!

 

 

Five reasons to own a timeshare in Mexico

Posted Posted in English, Mexican Law, Mexican Lawyer, Mexico Practice

Did the word timeshare make you cringe? Unfortunately, they have a terrible reputation around the globe because of bad management and misuse.

What is a timeshare?

It is an agreement in which you share the costs and use of a home, cabin or condo with other people. That means when you buy a timeshare you are buying the right to use the shared property and paying the costs for such rights; therefore, with proper aid they could be an incredible budget friendly vacation option.

Why Mexico?

  1. It has 9 of the 11 ecosystems in the world, making it one of the most bio-diverse countries in the world.
  2. The rules for ownership are quite clear and simple.
  3. Mexico has 34 sites that are world heritage.
  4. It has one of the richest cultures in the world with over 56 different indigenous groups.
  5. Mexican cuisine is also part of the World’s heritage.

If you are considering  a timeshare you should observe these Do’s and Don’ts

  1. First of all, get full disclosure from the service provider before signing any document;
  2. Read carefully and get a translator; contracts must be drafted in Spanish; English translations do not have legal effects and they are made for courtesy purposes only; most of all, make sure that any promise is part of the written contract;
  3. Ask for the cancellation policy; each contract must contain a cancellation clause without penalty if it is exercised within 5 business days after it was signed; in conclusion, ask for an exit door;
  4. Get a clear description of the services, fees, schedule, payments;
  5. Get full information about warranties, fines and penalties;
  6. Ask for permits and licenses to conduct business in Mexico; the service provider must show that it is authorized to conduct business in accordance the Mexican law;
  7. Get a copy of the contract and ask for independent legal advice before you sign it; contracts must be in accordance with the NOM029-SCFI-2010 and previously registered before the Mexican Protection Consumer Agency, PROFECO

Timeshare could be a reliable option  to have access to a “dream vacation” with an affordable investment; however, sometimes they could be a real nightmare for those trapped by obscure and unreasonable terms. Fortunately, Mexican law provides remedial options and we have assisted our clients to keep their good credit, avoid outrageous penalties and get their money back.

Enforcing Canadian Documents in Mexico

Posted Posted in English, Español, Mexican Law

Enforcing Canadian documents in Mexico is a three-step process.

As general rule legal documents issued in accordance with foreign law shall be considered valid within Mexico if some formalities were observed.

The following list was prepared to guide you in the process of enforcing foreign legal documents in Mexico:

  • You should provide written conformation that a foreign documents were produced in accordance with applicable laws; in other words, that it was granted according to the laws of the country in which they happened;
  • Canadian legal documents could be enforced in Mexico if they have been authenticated by a competent public authority in the jurisdiction of origin and legalized by the proper Mexican Consulate;
  • Documents written in English or French must be translated to Spanish by a certified translator in Mexico.

Please bear in mind that in some cases Federal and State regulation must be followed; therefore, proper guidance will save you time and headaches.

Since 2014,  we have assisted Canadian clients to enforcing foreign legal documents in Mexico; including birth and marriage certificates, powers of attorney and corporations by-laws.

Should you have any questions or comments please do not hesitate to click here.

This E-commerce Do-List May Help to Protect you Business

Posted Posted in #EntrepreneurZone, English

E-commerce is a fundamental tool for entrepreneurs

If you are receiving information, having on-line payments or engaging in communications with the public, you must observe several requirements in accordance with Canadian law.

We have prepared this do-list to assist entrepreneurs to deal with their busy work-schedule:

  • Yous should be aware of Canada´s Anti-Spam Laws;
  • You should properly identify your business on your website and developing mechanisms for obtaining consent and unsubscribe options;
  • You should have a tailor-made Privacy Policy and posting it on your website;
  • You should post a notice on your website and mechanisms to obtain users´consent must if your website is using cookies;
  •  you should follow Payment Card Industry Security Standards, particularly,  having a proper information security policy and a vulnerability management program.

This list may help you to protect your operations; however, if you do not observe those obligations your business might be affected in a negative way due to possible penalties, law suits, etc.

We, at #MCLawOffice, are devoted to assist entrepreneurs to achieve their goals with cost-effective legal services to protect their business ideas.

We have developed our “Pre-set-service packages” with flat fees for basic legal needs, including #E-commerce.

If you would like to received more information from us, including a 5% discount for your “E-commerce pre-set package”, complete the following form now.

 

 

 

Corporate Criminal Liability In Mexico

Posted Posted in English

The criminal justice system in Mexico is changing and corporations must be prepared to deal with unknown challenges in the Mexican business landscape.

In 2016 a new federal code for criminal proceedings will be adopted nation-wide with innovative features with respect of the criminal liability and sentencing of corporations. For first time, companies could be subject of formal prosecution and seizing of assets. A corporation responsible of a criminal offence might face fines and other penalties including suspension, dissolution or prohibition to conduct business, etc. This new reality may have a direct impact not just to operative teams but also to C-level officers and shareholders; therefore, companies should take a proactive approach to prevent possible prosecutions.

We have designed a 2-day program to help companies and their teams to understand these changes and assist them to acquire a comprehensive toolkit to be prepared and in compliance with Mexican law.

If you would like to get further information please do not hesitate to contact us at:

info@mclawoffice.ca

New Rules to Incorporate a Limited Liability Company in Mexico

Posted Posted in English

On March 14th, 2014 was published on the Mexican Official Gazette a new set of rules to incorporate Mexican companies; one of the major features of this law reform is the creation of a brand new category of limited liability corporations: Sociedad por Acciones Simplificada or S.A.S.

This new legal entity shall be a share company owned by one or several shareholders; this is a remarkable step because before it was a mandatory minimum of two shareholders to incorporate and conduct business as limited liability entity. Another improvement is the process of incorporation; now, a company could be incorporated electronically trough the Ministry of Economy and could take few days rather weeks.

This category is designed to support small and medium-size business up to five million Mexican Pesos. This law reform is a decisive action to facilitate and encourage investment and entrepreneurship.

Timeshares in Mexico: Do’s and Don’ts

Posted Posted in English

If you are considering to get into a timeshare program you should observe these 7 steps:

  1. You are entitled to get full disclosure from the service provider before signing any document;
  2. Read carefully; contracts must be drafted in Spanish; English translations do not have legal effects and they are made for courtesy purposes only;
  3. Ask for the cancellation policy; each contract must contain a cancellation clause without penalty if it is exercised within 5 business days after it was signed;
  4. Get a clear description of the services, fees, schedule, payments;
  5. Get full information about warranties, fines and penalties;
  6. Ask for permits and licenses to conduct business in Mexico; the service provider must show that it is authorized to conduct business in accordance the Mexican law;
  7. Get a copy of the contract and ask for independent legal advice before you sign it; contracts must be in accordance with the NOM029-SCFI-2010 and previously registered before the Mexican Protection Consumer Agency, PROFECO

Timeshare could be a reliable option for families to have access to a “dream vacation” with an affordable investment; however, sometimes they could be a real nightmare for those trapped by obscure and unreasonable terms. Fortunately, Mexican law provides remedial options and we have assisted our clients to keep their good credit, avoid outrageous penalties and get their money back.

What to Do in Cases of Grievous Body Harm or Death in Mexico

Posted Posted in English

Mexico is one of the most important destinations for Canadians. According to the Canadian Embassy in Mexico, more than 2 million Canadians visit that country every year; therefore, chances that a Canadian could be injured during a visit are possible; hence, I would like to share with you some recommendations to mitigate, as much as possible, an unfortunate situation:

  1. When you book your trip make sure that you obtain travel insurance, including medical and funeral expenses. Please keep in mind that medical care could be very expensive in a foreign jurisdiction and also, funeral expenses could be over $15,000 USD to repatriate human remains to Canada.
  2. If you are involved in an incident that causes grievous body harm or death, as soon as possible, contact your consulate; you are entitled to obtain consular assistance.  If you need information about Canadian consular offices in Mexico just click here.
  3. If you are requested to provide an official statement or declaration, either as witness or person of interest, by law you are entitled to be assisted by proper interpreter or official translator. Do not sign any document without properly understanding the wording written on it.
  4. If you are requested to sign any legal document, either a waiver or release you should do it only after obtaining proper legal representation.