Aragón & Aragón / Guatemala Law Firm

More and more commerce and business people goes to the notaries when they are in need of a corporate legal advisor or personal financial analyst. A growing number of notaries have specialized, and possess a wealth of experience, in corporate law and personal finance. In Aragón & Aragón we are no the exeption. 

Over the years, we had built privileged relationships and transformed most of them with the business community, the notaries have become valuable advisors in every facet of commercial activity.

By continually keeping their knowledge and skills up to date and actively participating in new business activities and technology, notaries can provide valuable assistance to high-tech companies in the same way as they have always enjoyed the confidence of more traditional corporations. In addition, to help resolve the majority of civil or commercial disputes that may face an entrepreneur during the normal course of business, many notaries also have the training and experience needed to act as mediators in civil and commercial matters. In Aragón & Aragón we are not the exception. 

Other notaries are also accredited arbitrators. The notary is an expert in the drafting of contracts and can provide the legal security to you and your company need to ensure that your rights and interests are well protected, while saving you time and money. 
 

YOUR COMPANY: SITUATIONAL ANALYSIS AND OBJECTIVES

To ensure that you are on the right track, your notary will begin with a comprehensive analysis of your company's legal situation. Working together, you and your notary can develop an effective plan of action to help you achieve your objectives. 

An analysis of the basic characteristics of your company's, as an important prerequisite to the establishment of the legal structure best suited to it. Such an analysis is, of course, ideal at the company's start-up stage, but can be done at any time.

As companies grow and change, or as new objectives and projects emerge, new analysis may have to be made on it.

LEGAL STRUCTURES 0F BUSINESS ORGANIZATIONS

 
Taking into account certain unavoidable factors such as the importance of your capital funding, your preferences regarding teamwork and your manager skills, your notary will provide you with a clear explanation of the advantages and disadvantages of the various legal forms available to businesses. He or she will inform you of all the possibilities you can choose from with regard to:

• Sole proprietorship;
• Different types of partnerships;
• Franchising;
• Other forms of association.

Armed with complete, detailed explanations from your notary, you will be in a position to make an informed decision and you will know exactly what the legal and fiscal ramifications of that decision are.

Your notary will now be able to draw up the necessary documents for the establishment or the structural modification of your company, whether in the form of a partnership contract, a shareholder agreement or any other relevant document.

COMPANY FINANCING: MONEY DOESN'T GROW ON TREES!

It takes money to make money. Your company needs sound financial resources to ensure that it develops to its fullest potential. Backed by legal training and a firm’s commitment to the business community, your notary can help you develop realistic financing projects that are perfectly suited to your company. 

Your notary is right at home when it comes to developing an integrated financing plan and selling it to potential financial partners, taking into consideration:

• Sources of funding (shareholder advances, line of credit, morgage loan, equity loan, etc.);
• Guarantees (security on property and personal guarantees);
• Assistance programs and subsidies, where relevant.

 
Through out a company's entire existence, financing retrains a daily concern, as much at the start-up or restructuring stage as at the acquisition or expansion phase. When you reach the point of wanting to transfer your company - to the next generation or to a third party - your notary can help negotiate the financial agreements.

YOUR NOTARY, CONTRACT WRITER EXTRAORDINAIRE!

 
Once the decision has been made concerning the proper legal structure for your project, your notary can immediately begin to prepare the entire document required for the company's incorporation or for a partnership agreement. To follow up on the idea of keeping the company under family control, your notary will also ensure that all the necessary sale and purchase agreements are drawn up and signed

Once your company is equipped with a legal structure perfectly suited to its needs, your notary will then proceed with all the necessary follow-up work and ensure that all relevant licenses and registrations required by law are applied for and received. 

A new corporate structure will often mean reviewing your financial and estate planning strategy. Your notary will go over the terms of your will with you and help you plan your estate in such a way as to ensure the continuity of the business while maintaining a balance between the heirs.

CIVIL AND COMMERCIAL MEDIATION

Sooner or later, in the normal course of your business, a dispute may bring you into conflict with one of your clients or suppliers. Mediation is a way to resolve this kind of problem without having a third party make decisions for you. More and more notaries offer this alternative method of reaching agreement by acting as mediators to help find the right solution for you, and we are not the exception.

Mediation is a versatile, flexible, voluntary process. It requires cooperation and good faith on the part of each concerned party, who must accept the move to mediation with a commitment to arrive at a viable, mutually satisfactory agreement.

The purpose of mediation is to re-establish communication and thus repair the relationship between the parties. It can even help avoid subsequent conflict.

After confirming that the parties wish to submit their dispute to mediation, the mediating notary asks them to sign a mediation agreement, which contains clear definitions of the mediator’s role, the responsibilities of the parties, mediation procedures, confidentiality and fees.

THE MEDIATOR - AN UNBIASED PARTICIPANT

The mediator’s role consists of providing the parties with supervision, support and structure to help them resolve their dispute to their mutual satisfaction.

To accomplish this, the mediator first tries to create an atmosphere that encourages communication. The mediator gathers all relevant information about the dispute to determine the needs and interests of each party. The mediator guides the sessions to foster calm, productive discussions likely to inspire creativity in the search for a solution. Some times this solution is a logical process or a common practice, and not always it concern what the law regulates.

The mediator does not represent either of the parties. He or she is neutral and impartial, offering neither advice nor legal opinion on the subject of the dispute. However, the two parties are perfectly free to request at any time the opinion of a third party for their own advantage. The mediator’s role is not to settle the dispute or impose a solution, because in mediation, it's the responsibility of the parties to resolve their conflict.

Mediators have received specialized training and are required to respect strict professional ethical standards. With the necessary training, and the legal duty to be impartial, notaries are the ideal professionals to act as mediators and help you negotiate a long-lasting,satisfactory agreement.

This and too many other reasons and facts can justify our Notarial occupation.  In the law firm Aragón & Aragón our best ally and peculiar characteristic that difference us with other local firms, is that we give and offer to our clients, personalize and specialize legal services in the different legal matters, from the simple mass to the complex mass. Every doubt, consultation or problem it’s important to us and we give our best effort and experience to prevent future legal illness or solve present legal situation.

Trust us, and you’ll find in us your best business partner, contact us.