Inside Protocol

Following you will find the basic requirements in order to provide you the service you deserve. Each one of the cases we take is unique and unrepeatable, thus we suggest that before closing any deal approach us in order to provide you with an accurate diagnosis, estimate of expenses and processing periods.

Powers of Attorney

Available to you is the mandate of representation, both of entities and individuals, with the necessary and sufficient capacities for each case:

  • Lawsuits and Collections
  • Ownership
  • General
  • Special

As requirement we ask you to provide us with the general information form, both on the grantor and the proxy, together with a copy of your legal IDs (in the case of foreigners we ask for the passport and the form of legal stay in this country) and the description of the capacities to be granted. If there is a real property involved, we ask you a copy of the title deed or document which proof ownership.

In the case of entities, we ask that a copy of the articles of organization is turned in, duly filed with the registry office and the grantor’s personality.

Attestation of Facts

This is the Attestation a Notary Public carries out of the facts or events that occur at a certain place on a certain moment, prior request made to this effect.

As requirements we ask that a form of attestation of facts is filled-in, with the place and the time at which the presence of the Notary Officer is required. The personality of the agent is required, in case the request is made by an entity.

Testaments and Legacies

Testamentary provision or legacy represents a way of planning the administration of your estate for the future. As basic requirement we ask you to fill-in the form of general information for testament which must come attached with a valid legal ID (in the case of foreigner we will ask for the Passport and form of legal stay in this country). In this form you must appoint the following personalities:

  • Heir(s)
  • Legatee
  • The Executor
  • The Tutor
  • The Curator
  • The Testator
  • Marriage
  • Testamentary Trust

Special cases that require 2 witnesses:

  1. When the testator known not how or cannot sign.
  2. When the testator does not know how or cannot read.
  3. When the testator is deaf or blind.
  4. When the testator has no official ID with picture and name (in this case the witnesses must be over 18 years of age).
  5. When the Notary Officer or the testator request it.
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Donations

This represents the disposal of the estate during life and can be in direct line from parents to children and vice versa.

As requirement we ask to be provided with the certificate of birth of the Donee and fill-in general information form both on the Donor and the Donee, together with their official IDs (in the case of foreigners we ask for the passport and the form of legal stay in this country), the deed or document that evidences ownership and the last payment of property taxes.

Probate Trials (first and second stage)

As Notary Office we are able to carry out succession procedures, both Testamentary (when the deceased has left a Testament) and Intestate (when the deceased has not left a Testament) from the first stage, provided that there is no controversy among the heirs and if the last residence of the deceased was the State of Nayarit. As basic requirement we ask to present the certificate of death, testament (if any), certificates of birth of the children of the deceased, certificate of marriage to the spouse and general information form of all of the above mentioned, with their official IDs attached (in the case of foreigners we ask for the passport and the form of legal stay in this country).

For the second stage requested are the title deeds of the properties to be adjudicated.

Judicial Transaction Agreements

In order to elevate your lease to public deed, better known as Judicial or Notarial Transaction, we ask you to provide us with the clauses of your contract or agreement of lease, document which evidences the ownership of the property and fill-in general information form of both lessor and lessee with copy of their official IDs attached (in the case of foreigners we ask for the passport and the form of legal stay in this country).

Repossessed Properties

When there is a debt over a property through a real estate loan, the Borrower when facing the impossibility of continuing to pay recognizes his debt and delivers the property to the Creditor as payment of the said debt. The basic requirements are the personality of the signor in behalf of the Creditor and fill-in general information form of both the Creditor’s agent and the Borrower, enclosing official IDs (in the case of foreigners we ask for the passport and the form of legal stay in this country).

Granting of Pledges

The requirements vary depending on each case. Among the basic requirements for granting a pledge needed is an instruction issued to the Notary Officer, the deed that evidences ownership of the property to be pledged, general information form both of the person with personality to sign in behalf of the Creditor and of the Borrower, with official IDs attached (in the case of foreigners we ask for the passport and the form of legal stay in this country).

Purchase-Sales

In order to draft a deed that formalizes the agreement of sale of a property we need as basic requirement you to fill-in the general information form both of the Seller and the Buyer, attaching official IDs (in the case of foreigners we ask for the passport and the form of legal stay in this country), the deed or document that evidences the ownership and last payment of property taxes.

Condominium Regime

This is the procedure followed when there is the desire to turn one property into several under the concept of a condominium, either horizontal or vertical, in such a manner that all of the properties inside it shall be subject to a Regulation, maintenance fees, etc.

Among the requirements, there are:

  • Official letter of authorization by the municipality
  • Cadaster drawing authorized with cadaster files
  • Deed of ownership
  • Description of the properties and a chart of areas
  • Regulations
  • Property Taxes current of the larger extension land
  • General information form of the appearing parties with their official IDs (in the case of foreigners we ask for the passport and the form of legal stay in this country)
  • In case of an entity, articles of organization, power of attorney and general information of the legal representative

Mortgages

The requirements vary depending on the institution which has granted the loan. Among the basic requirements for a Mortgage there is a letter of instructions addressed to the Notary officer, the title deed that evidences ownership of the property, general information form both of the person with personality to sing by the Creditor and the Borrower with their official IDs (in the case of foreigners we ask for the passport and the form of legal stay in this country).

Cancellation of Mortgages

The requirements vary depending on the institution that has granted the loan. Among the basic requirements to cancel a mortgage there is a letter of instructions addressed to the Notary officer, the deed wherein the loan was recorded, general information form both of the person with the personality to sign the cancellation by the Creditor and the Borrower with their official IDs (in the case of foreigners we ask for the passport and the form of legal stay in this country).

Acknowledgement of Debts

The requirements vary depending on the institution that has granted the loan. Among the basic requirements for the Acknowledgment of Debt there is the letter of instructions addressed to the Notary officer, the title deed that evidences ownership of the property, general information form both of the person with personality to sign by the Creditor and the Borrower with their official IDs (in the case of foreigners we ask for the passport and the form of legal stay in this country).

Trust Agreements

These are usually used for a foreigner to be able to acquire a property in Mexican territory that is inside the country’s restricted area, namely 100 km from any borderline in Mexico, for residential use, provided that the lad is no larger than 2,500 m2.

The Trustee receives the ownership of the property and allows the use and enjoyment of the same to foreigners, prior authorization by the Department of Foreign Affairs.

The trust beneficiary shall hold and enjoy of the use and possession of the property, shall be able to live in it, modify it, improve it, mortgage it, sell it to a person with juridical capacity to do so, transfer the benefits to another person, either individual or entity, and carry out any other act derived from the possession of the property.

The right to appoint one or more substitute trust beneficiaries, who in turn shall receive all of the rights and obligation derived from the trust if the trust beneficiary would die during the lifetime of the trust.

The requirements vary depending on the Trustee Institution; among the procedures related to this subject matter, there are:

  • Trust Agreement Transferal of Ownership
  • Transfer of Trust Beneficiary Rights
  • Change of substitute trust beneficiary
  • Extension of Trust
  • Acknowledgment of Trust Beneficiaries
  • Extinction of Trust Agreement

Among the basic requirements there are the fill-in of the general information form of trust and official IDs (in the case of foreigners we ask for the passport and the form of legal stay in this country).

Articles of Organization

The creation of a Trading Corporation such as a SOCIEDAD ANONIMA DE CAPITAL VARIABLE (Variable Stock Corporation), or a SOCIEDAD o ASOCIACION CIVIL (Civil Company or Association – nonprofit companies), their statutes must be formalized with a Public Instrument.

We need you to fill-in the forms related to company informationgeneral information form of each member together with their official ID, or in the event of foreigners, we will ask for the passport and form of legal stay in this country.

Notarizing Deeds and Minutes

The drafting of the minutes of Assemblies held by Trading Corporations (S.A. de C.V.; S. de R.L., etc.) and of Companies and Civil Associations, at which recorded are the agreements taken by the Members of the same, are afterwards notarized into a Public Deed and filed with the appropriate Public Registry of Property and Commerce.

Among the requirements there are:

  • The Company’s Book of minutes of the assembly
  • The original Minutes of Assembly signed and the attendance list
  • Company’s personality (organization and assemblies)
  • Fiscal Certificates and with each one of the member’s or shareholder’s obligations
  • General information form with their official IDs (in the case of foreigners we ask for the passport and the form of legal stay in this country)

Testimonials

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