Legal and Judicial Services

Montt y Cía S.A. is a member of Montt Group, a Latin American chain with a presence in all the countries of the Latin American Region and Canada. It was created by its founding partner and current president Santiago Montt V. in 1974 with the purpose of offering comprehensive professional services to entrepreneurs and companies in different areas of specialization of law, especially foreign investment, extractive businesses, corporate law, technology of the information and in general the complete universe of legal services. Necessary for the successful development of their businesses that include legal services, consulting, tax advice, among others.

A committed attitude oriented to the delivery of services without border limits, has allowed us to consolidate a privileged position in the Latin American Region, to become a business facilitator in the market and to become a platform for the entry of new players.
One of the bases of our proposal is the delivery of comprehensive services, for this the formation of multidisciplinary teams is a key factor that has been reflected in the consolidation of a collaborative corporate culture. This way of doing things allows us to forge relationships based on trust between our professionals and with our clients.

With 46 years of experience and our own offices established in 9 countries in Latin America and Canada, our desire is to search for solutions quickly, understanding that in our days «time is of the essence» with the aim of building long-term relationships with our clients.

“Unlike the traditional approach, in which legal advice and other related independent
consulting services are rendered separately, our lawyers and non-legal specialists work in
a coordinated manner. This allows us to provide a comprehensive service based on a
complete vision of the issues and needs that arise from the transactions, businesses and
operations of our clients, whether individuals or companies.”

Santiago Montt V.

Fundador

Legal Services

We provide professional legal assistance to natural persons 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 the assignment, consolidating the different elements that comprise it, as soon as to proceed to its execution 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 probative planning and obtaining evidence, 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 that it covers, covering through them the wide business range, made up of professionals with experience in the field, with whom in long-term assignments it may be possible to agree on modes of total economic compensation or partially different from the traditional money fee, such as success fee payable in money or in participations or other modalities.

Foreign trade

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.

Environmental law

Advice for the development of projects with strict adherence to environmental regulations, contemplating 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 the entry of the presentation of a project before 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 necessary advice 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.

Agricultural and Forestry Law

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

Corporate law

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 consortia and joint ventures, creation of closed and open limited companies, even 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 stock guarantees, 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 have Fastcorp software specially created to facilitate corporate management.

Water Law

Legal advice on the strategic planning of the Water Use Rights in all types of requests and projects, both for mining companies, agro-industries, sanitation and drinking water supply companies, electricity generation companies, chemical and fishing industries.
Processing and management of all kinds of requests and presentations in all order of procedures related to water rights. Obtaining environmental permits. Preparation of legal reports to be presented in court or for planning purposes. Defense in administrative and judicial headquarters of the interests of the client.

Real Estate Law – Engineering and Construction, EPC and EPCM Contracts

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: buying and selling 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.

International Law (FTA's and Double Taxation Agreements)

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 agreements to avoid international double taxation to optimize the tax and exchange impact.

Labor Law and Payroll

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 competence 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, contributions, taxes and Maritime Law declarations. We provide legal advice and assistance to our clients in all areas related to maritime law.

Commercial Law

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

Economic Criminal Law

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 human and legal persons in criminal actions. We have successfully assumed the defense of defendants, providing a personalized and comprehensive service in complex investigations, for denunciations and / or complaints, which have concluded in oral trials, in matters pertaining to Economic Criminal Law (scams, unfair administration of other people’s assets, appropriations misconduct, money laundering, tax and social security crimes, foreign exchange crimes, corporate fraud)

Energy and Natural Resources

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.

Expatriates and residence permits

Our services are focused on giving our clients quick and timely advice and guidance regarding the best migratory status of the countries offered 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 your family. The main products are: Visas subject to a work contract; Temporary Visas such as, rentiers, investors, professionals and technicians, paid personnel abroad, consular visas abroad; Definitive Residences, for owners 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 management that pursues the immigration and labor regularity of our clients according to the requirement.

Financing

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 liabilities, syndication of credits, liquidation of guarantees and credit reorganizations of all kinds. Representation of creditors and national and international negotiations.

Fusions and acquisitions

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 process, in its various legal and tax modalities, including notifications to Financial Authorities and obtaining of prior approvals in relation to free competition regulations, coordinating the applicable legal, tax and regulatory considerations that may affect the business strategy and 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.

Foreign investment

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, mandatory participation regulations, local either with state agencies or with local private ones, and representation before the receiving state.

Litigation and Arbitration

We have a team of professionals with vast experience in all types of lawsuits before Ordinary and Arbitral Courts, national and international, among others, in civil, commercial, tax and labor matters. We assist our clients in resolving conflicts in the field of contractual and extra-contractual liability in the technology, insurance, construction, environment, aquaculture, fishing, free competition, etc. industries. Advice on tenders, bankruptcies and creditor rights, as well as advice to debtors in restructuring debts in court or out of court.

Free competition

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

Capital Market

We provide legal advice on national and international operations of 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.

Mining

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 formulation to the granting of rights; Mining opposition proceedings; Mining nullity; Processes of negotiation and acquisition of superficial rights, such as conventional easements, administrative easements, judicial easements and / or easements of fiscal 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 the holders of mining activity and Monitoring of overlapping requests or mining concessions and Mining Surveillance.

Fisheries and Aquaculture

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 before the fishing sector authorities that include the acquisition, transfer and different procedures before 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.

Entregamos asesoría identificando y mitigando riesgos y responsabilidades legales asociados al área laboral, realizando Auditorias, implementando Sistemas de Seguridad y Salud en el Trabajo, diseñando procesos de outsourcing e intermediación laboral. Brindamos asesoría legal laboral conjuntamente con los servicios de Payroll de remuneraciones, aportes, impuestos y declaraciones Derecho Marítimo. Brindamos asesoramiento y asistencia jurídica a nuestros clientes en todos los ámbitos relacionados al derecho marítimo.

Intellectual property

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

Trust Services

Cross Border Transactions

Our cross-border services unit works on the design and structuring of foreign investments from and to outside 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.
She 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 that the cross-border services unit deals with consists of advising our clients in matters of international taxation, double taxation agreements, their operation and also in the application of 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.