Legal and Judicial Services

We provide professional legal assistance to individuals or companies by national and foreign lawyers authorized to practice in the respective jurisdiction, with the appropriate competencies, to assist in the required matters and specialties, and organize the required legal design considering the different aspects of assignments, consolidating the different elements that make it up, and then proceed to its implementation according to the definition approved by the client and delivery of the same legally installed within the established deadlines. Likewise, identification of the judicial or arbitration actions to be initiated, with their corresponding evidentiary planning and the obtaining of proofs, and implementation of the procedures, follow-up within the available deadlines, and their subsequent collection against the defeated counterpart. The legal company is organized into various divisions, according to the various specialties it covers, covering through them the wide business range, made up of professionals with experience in the matter, with whom in long-term assignments, total economic compensation may be agreed upon or partially different from the traditional money fee, such as success fee payable in money or in participations or other modalities.

We provide advice to national and foreign companies and institutions that market goods and services in the world market. Permanent advice in the treatment of the different cases that arise in relation to the different economic blocks.

Advice for the development of projects with strict adherence to environmental regulations, considering laws, regulations and other guidelines issued by the administrative authority.

Based on a detailed analysis of each project, the aspects that may have an environmental impact foreseen in the regulation are determined to determine the corresponding action. Thus, both projects in the early stages of design and implementation, as well as those already under development, have the appropriate treatment to their requirements, which aims to prevent violations of environmental regulations.

In this way, our services include advice for the preparation of reports prior to filing an application of a project to the environmental authority for its environmental qualification and, in subsequent stages, we provide advice for an adequate and effective fulfillment of the assumed commitments that includes advice necessary to respond to the sanctioning processes initiated by a supervisory body. We advise clients from a wide spectrum of sectors: mining, oil and gas, electricity, industries, telecommunications, agricultural and forestry businesses, biofuel, and renewable energy.

Legal advice on the strategic planning of Water Rights in all types of applications and projects for mining companies, agro-industries, sanitary and drinking water supply companies, electricity generation companies, chemical and fishing industries.

Processing and management of all kinds of applications and filings in all kinds of procedures related to water rights. Obtaining environmental permits. Preparation of legal reports to be presented in court or for planning purposes. Defense of the interests of the client in administrative and judicial instances.

Comprehensive advice to agricultural and forestry producers, we have extensive expertise in rural lease contracts, forestry and agricultural trusts, constitution of the right of forest area, etc.

Incorporation of companies and legal entities of all kinds and types, whether for profit or non-profit, with a broad or specific scope for specific projects and assignments, organization of consortiums and joint ventures, creation of private and public companies, inclusive listed in Stock exchanges, drafting of shareholders’ agreements and joint action agreements.

Elaboration of complex structures with preferred shares, stock options, equity warrants, pledges and equity warrants, subordination of liabilities, dissolution and liquidation of companies. Organization of groups of companies. Complex structures of administration, boards and executive committees.

Powers with different levels of authority and their interaction with the shareholders’ meeting. Withdrawal rights and preferential dividends. We rely on the software Fastcorp specially created to facilitate corporate management.

Engineering services contracts in general, financing real estate and construction projects. Preparation of administrative and technical bases, participation in tenders.

Our professional specialization in the sector allows us to provide advice in the different areas of the real estate activity: purchase and sale of real estate and real estate companies, leases, development and construction contracts, real estate financing. We have a team of lawyers specialized in the legal aspects of all types of real estate with the expertise that the sector requires and with specific knowledge of the legal aspects to be considered.

Comprehensive advice on international tax matters; contracts and operations between parties of different nationalities, either through mergers or acquisitions of local and foreign companies; establishment of companies abroad with favorable tax regimes for the establishment of holding companies; application of treaties to avoid international double taxation in order to optimize the tax and exchange impacts.

We have extensive experience in the field of individual and collective labor law, prevention and management of labor disputes in the most varied range of industries. Likewise, we are experts in dismissal of personnel, representation in procedures before the Administrative Authority of Labor and Social Security and Health, Labor Courts, defense processes, mediation and negotiation with unions, collective agreements, arbitrations, conciliation processes, all this within the standards of competition and efficiency required by the market, clients and up to date with the constant labor reforms experienced by the countries of the region. We provide advice identifying and mitigating risks and legal responsibilities associated with the labor area, conducting Audits, implementing Occupational Health and Safety Systems, designing outsourcing processes and labor intermediation. We provide labor legal advice together with Payroll’s services for remunerations, social security contributions, taxes and Maritime Law declarations. We provide legal advice and assistance to our clients in all areas related to maritime law.

Commercial advice to companies of all nationalities. Our knowledge of the national and international markets, our close proximity to the client and the specialization of our professionals allows us to advise the company in all areas of commercial practice.

We provide advice on economic criminal matters that includes defense in criminal proceedings in the business, banking, exchange and customs fields. We have a team of specialized lawyers with extensive experience in representing individuals and legal entities in criminal actions. We have successfully assumed the defense of defendants, providing a personalized and comprehensive service in complex investigations, for complaints and / or complaints, which have concluded in oral trials, in matters pertaining to Economic Criminal Law (fraud, unfair administration of other people’s assets, improper appropriations, money laundering, tax and social security crimes, foreign exchange crimes, corporate fraud).

We provide advice to national and foreign companies in the Electricity, Mining, Oil and Gas industries and their supplier companies in regulatory matters including conventional and unconventional energy.

Our services are focused on giving our clients a quick and timely advice and guidance regarding the best immigration status of the countries they offer to investors, collaborators, technicians and professionals who wish to emigrate to the different destination countries with the intention of residence or work, individually or with their families.

The main products are: Visas subject to employment contract; Temporary Visas such as, renters, investors, professionals and technicians, paid personnel abroad, consular visas abroad; permanent residence, for applicants and dependents; Visas or changes in immigration status for workers designated by non-domiciled companies; nationalization processes; change of quality and immigration status; and any other proceeding with the aim of obtaining legal immigration and work status for our clients as required.

Management, structuring and drafting of financial agreements of all kinds, both with financial and commercial entities, public or private, national or international. Leasing, confirming, factoring and other similar operations. Establishment of guarantees, subordinated debt, syndication of credits, liquidation of guarantees and lending reorganizations of all kinds. Representation of creditors and national and international negotiations.

We have a multidisciplinary team of highly qualified professionals prepared to provide advice with a comprehensive approach and accompany throughout the entire national or international M&A processes, in its various legal and tax modalities, including notifications to the Financial Authorities and obtaining prior approvals in relation to free competition regulations, coordinating the applicable legal, tax and regulatory considerations that may affect the business strategy and the economy of the target transaction.

The foregoing includes the dissolution and liquidation of companies resulting from the transaction and the allocation of their assets and liabilities, in operations with the generation of good or bad will and their corresponding accounting and tax treatment, such as the reorganization of shareholders and creation of series of shares with different rights and obligations.

We support our clients in the management of foreign investment, either as capitalization of money or in kind, external credit or other forms of capital contributions and their approval by the intervening state agencies.

Approval of remittances of dividends and service of external credits, determination of the applicable taxes in each case, advice in relation to specific regulations of the natural resources sector that may be affected by royalty or specific taxes, thin capitalization rules, regulations of mandatory local participation either with state agencies or with local private ones, representation before the host State.

We have a team of professionals with vast experience in all types of lawsuits on Ordinary and Arbitral Courts, national and international, among others, in civil, commercial, tax and labor matters.

We assist our clients in resolving disputes in the field of contractual and tort liability in the technology, insurance, construction, environment, aquaculture, fishing industries, free competition, etc..

Advice on tenders, bankruptcies, and creditors’ rights, as well as advice to debtors in debt restructuring in court or out of court.

This area of practice includes the investigation -by a team of highly qualified lawyers- of mergers, monopolies, competitive bids. We regularly advise our clients on anti-competitive conducts and assist them in establishing regulatory compliance programs both in their private transactions and in day-to-day matters.

We provide legal advice in national and international operations for the issuance of debt securities, issuance of shares, convertible bonds, financial trusts, stock trading in regulated markets, etc. We maintain a permanent interaction with regulatory bodies.

Our firm offers comprehensive advice to investors, national and foreign, in the development of their activities related to the mining sector.

Advice and support in: Procedures for obtaining mining concession titles, from their preparation to the granting of rights; Mining opposition proceedings; Mining nullity; Processes of negotiation and acquisition of surface rights, such as conventional easements, administrative easements, judicial easements and / or easements of Government or State property; Negotiation and acquisition of mining rights processes; Structuring and review of mining contracts and investment contracts; Management of water use authorizations or other authorizations, permits or licenses to carry out mining activities; Mining Due Diligence; Maintenance of mining rights of mining operators and Monitoring of overlapping applications or mining concessions and Mining Surveillance.

Our Firm has extensive experience in supporting and providing legal advice to fishing companies, national and foreign, in their extractive activities, distribution and commercialization of fishing products.

We provide a comprehensive service in the granting, transfers and any type of business of authorizations, licenses and permits with the fishing sector authorities that include the acquisition, transfer and different procedures with the Maritime Authority. We prepare reports regarding the rules that regulate this activity and the way that they must be complied with by fishing companies. Likewise, we advise and assume the defense of our clients both in judicial and administrative headquarters in sanctioning procedures.

Regarding aquaculture, we assist our clients in the transfer, leasing and relocation of aquaculture concessions as well as the constitution of mortgages. We also provide the necessary advice to comply with sector regulations.

Our team offers global advice on intellectual property. We provide complete services that include registration, renewal and surveillance in all aspects of trademarks, patents, utility models, industrial designs, geographical indications and appellations of origin. We offer support in the filing of patent applications based on the Patent Cooperation Treaty (PCT), through which you can request the protection of an invention by means of a single international application in a large number of countries, which simplifies the previous methods and makes it an efficient and economical system for the client. We also carry out domain registrations and support our clients in the registration of software, as well as confidentiality and nondisclosure agreements.

Our team of professionals supports companies in the management and complete processing required to obtain a health registration by the competent authority. Our Firm works with professionals in the chemical-pharmaceutical area and with biochemists who collaborate, prepare and file the applications for health registration and who are present in all the stages contemplated, until the respective registration authorized by the health authority is obtained.

The advice covers a wide spectrum of products, namely, food, pharmaceuticals, cosmetics, household goods, medical devices, as well as phytosanitary products, fertilizers and amendments used in the control of plant and animal pests.

Actions in the legal context of various Anglo-Saxon or continental jurisdictions to act as trustee or agent for the implementation of specific businesses or transactions, creation of trusts, foundations, trust agreements in legitimate operations in compliance with regulations at the level international. It includes asset and commodity brokerage, especially Latin American mining properties, and their organization to be the subject-matter of listings in Stock Exchanges and subsequent IPO. Acting as Trust Administrators and asset holders.

Our cross-border services unit works in the design and structuring of foreign investments from and to the outside of the respective jurisdiction in the various countries in which Montt Group operates and also from and to other jurisdictions throughout the world and in the main international markets. 

It is also in charge of the negotiation, drafting and review of international contracts in various matters and high levels of complexity, adapting to the needs of each client. Another of the relevant aspects dealt with by the cross-border services unit consists of advising our clients on matters of international taxation, double taxation agreements, their operation and also in the application of the relevant domestic legislation in international tax matters. This practice area also collaborates with clients in their foreign trade operations, both in the import and export of goods and services.