Canadian Law

 

Business, wealth preservation and economic immigration.

Business and Corporate Law

We understand small and medium-sized enterprises (SMEs); therefore, our services embrace corporate and commercial solutions for business and the individuals that own and operate them, including
Setting Up a Business

Incorporation
When incorporating a company, you create a new legal entity called a corporation. In Canada, a corporation has the same rights as a person. Some benefits of incorporating a federal company include the right to use your name across Canada, limited liability, lower corporate tax rates and access to capital and grants.

Preparation and negotiation of Shareholders' Agreements
A shareholders' agreement provides clear and comprehensive guideline for business of company. It is an effective mechanism for dealing with unforeseen problems between shareholders and other parties.

Preparation and negotiation of general and limited Partnership Agreements
A limited partnership allows to own or operate a set of specific assets, e.g. such as a real estate investment partnership. One party, a general partner, has control over the assets and management responsibilities, but also are personally liable. The other parties, limited partners, are generally investors whose personal liability is limited to their investment. A Limited Partnership agreement provides clear and comprehensive guideline for business and its parties.

Preparation and negotiation of joint venture agreements
A joint venture agreement could be ideal for single projects with specific time frame. A special feature of a joint venture is that the members may market the product in their respective market sector without sharing in the profits with other members.

Commercial agreements
• Purchase or sale of a business
• Preparation of Employment Agreements; and
• Preparation of Executive Consulting Agreements
• Commercial real estate leases.

Secured lending transactions
• Prepare Promissory Notes
• Negotiate and prepare loan agreements
• Negotiate and prepare General Security Agreements
• Advise upon personal property security (PPSA) registrations, including purchase-money security interests (PMSIs)

Purchase and sale of a business
• Negotiate and prepare the Purchase and Sale Agreement
• Perform due diligence
• Negotiate landlord consent to the lease assignment
• Advise successor employers under the Employment Standards Act, 2000
• Ensure compliance under the Bulk Sales Act to address the claims of trade creditors
• Close the purchase and sale

Notary Public

Enforcing Canadian documents in Mexico.

Court orders
In Mexico each state has its own independent judicial branch and at the same time there is a federal system. The latest taking care of matters of interest for the whole federation while state branches deal with local matters.

Powers of Attorney
Powers of Attorney in Mexico can grant one or several people authorization to represent you in one or more acts to be held in Mexico, from ownership, management, credit transactions, lawsuits, etc.

Serving Documents in Mexico
Mexico signed The Hague Service Convention, which regulates how to properly service documents and avoid delays in the ongoing process.

Immigration to Mexico

Work permits
When visiting Mexico on a business trip, it is important to define if a work permit is required based on the nature of the visit.

Temporary residence
For those who will work on a project or a series of projects that will extend their visit.

Permanent residence
Thinking about retiring or continuing your professional path in Mexico? We are able to support you through all the steps of the process.

Immigration to Canada

Business and Economic Immigration

1.Temporary Residence

A temporal authorization granted to a foreign national to stay temporally in Canada, either as a visitor or as student or international worker.

I. Work Visa
An authorization for a foreign national who is entering into the Canadian Labour market.

a. International Mobility Program
The IMP allows employers to hire international talent without a LMIA.

i. Inter-company transfer
Business with branches, subsidiaries, parent companies or affiliates in Canada may obtain work permits for executives, senior or functional managers or specialized knowledge professionals in their corporation.

ii. International Agreements, e.g. CUMSA (NAFTA), CPTPP, CETA, etc.
Ideal for international candidates who are originally from countries which Canada has a treaty or a commercial agreement; this option is designed to facilitate the mobility of citizens of the signing countries, including citizens from Mexico, US, Peru, Colombia, Chile, UN, etc., may qualify for simplified work permit procedures

iii. Entrepreneurs/self-employed seeking to Operate a Business
Ideal for candidates with financial capacity, experience and who intend to operate a business in Canada that would create or maintain significant social, cultural or economic benefits and may create jobs for Canadian citizens or permanent residents of Canada.

b. Labour Market Impact Assessment
A Labour Market Impact Assessment (LMIA) is a written confirmation that an employer is in need to fill up a job position and no Canadian worker or permanent resident is available to do the job. As general, an employer may need a LMIA before hiring a foreign worker.

c. Post-Graduate Work Permit
The Post-Graduation Work Permit Program (PGWPP) allows students who have graduated from eligible Canadian to obtain an open work permit to gain valuable Canadian work experience. Skilled Canadian work experience in National Occupational Classification (NOC) skill type 0 or skill level A or B that is gained through the PGWPP helps graduates qualify for permanent residence in Canada through the Canadian experience class within Express Entry.

II. Student Permit
Authorization granted to an individual who has been accepted in a full-time program in a recognized educational institution. Some requirements include proof of financial resources to support him/herself and demonstrate an intention to leave Canada after studies were concluded. A study permit holder is allowed to work up to 20 hours per week, on or off campus. During regularly scheduled school breaks, such summer vacation, an student is permitted to work full-time.

III. Visitor Visa
Authorization granted to a foreign national who is not entering into the Canadian labour market, e.g. tourists or business visitors nor is considering to conduct regulated activities, e.g. full-time students for more than six months.

2. Permanent Residence
Canadian Immigration law offers different ways to immigrate to this country, more than 100 categories, including family, and economic streams, Therefore, a comprehensive assessment should be conducted to determinate the best option for each candidate.

I. Family Stream
Canadian citizens and permanent residents over the age of 18 may sponsor their certain immediate family members for Canadian permanent residence. The sponsor is responsible for financially supporting the sponsored person upon their arrival. The sponsor’s financial responsibility varies depending on the relationship to the sponsored person.

a. Dependent Children
b. Spouse & Common Law
c. Parents and Grandparents

II. Economic Stream

a. Express Entry
Express Entry is an online system that the Canadian government uses to manage applications for permanent residence from skilled workers.

i. Federal Skill Worker
Eligible applicants must demonstrate at least 1 year of continuous work experience within the last 10 years, in a single Skill Type 0, or Skill Level A or B occupation, as defined by the Canadian National Occupational Classification (NOC). The applicant is assessed based on some factors including age, education, work experience, language ability, and adaptability.
 
ii. Canadian Experience Class
In order to be eligible under this category, an applicant must demonstrate at least 1 year of work experience in Canada   within the last 3 years, in any Skill Type 0, or Skill Level A or B occupations and demonstrate sufficient minimum language proficiency in either English or French.

iii. Federal Skilled Trades Class
Under this category, an applicant must have at least 2 years of work experience in the last 5 years in an eligible skilled trade occupation and must meet the job requirements for their trade as set out in the Canadian National Occupational Classification (NOC). Also, the applicant must have an offer of full-time employment for at least one year or a certificate of qualification issued by a Canadian trade authority. Proficiency in either English or French is a requirement.

b. Provincial Nominee Program(s)

FEES

Any consultation is on a hourly rate but we have designed some packages for our clients.

POWER OF ATTORNEY
General and Special Power of Attorney from:
CAD

$170


TIMESHARE CONSULTATION
Consultation and Professionally drafted letter of cancellation from:
CAD

$440


LEGAL DEFENCE
From helping to find the right local attorney to taking care of a defence in Mexico:

TBT


DUE DILIGENCE FOR PROPERTY CLOSING
To review documentation in accordance with the laws of Mexico, from:
CAD

$800


MC Law Firm | Abogados