Diploma in Corporate Law

General

3 locations available

Program Description

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objective

Know and understand the legal framework of the company, so that it considers the law as a tool in decision making.

Benefits of the program:

  • Know the various legal types with which you can operate as a company.
  • Learn to use law as a tool to make decisions.
  • Understand the tools that the employer has to not be sanctioned by the authorities, in case of breach of the laws.
  • Know the advantages that corporate governance represents.

Addressed to:

General directors of companies, directors of administration and finance who have basic legal knowledge.

Content of the program

The Diploma in Corporate Law consists of six modules , totaling 120 hours of study in total.

Module 1. Legal Framework of the Company (20 hours)

Analysis and evaluation of a comprehensive legal administration that constitutes the central axis of corporate law practice, considering the spectrum of legal acts contemplated in the Mexican legal system and the interrelation with administrative tools.

1. Corporate law

  • Concept
  • Areas of validity
  • Areas covered
  • Corporate law in planning
  • Corporate law in the organization
  • Corporate law in management
  • Corporate law in control

2. Legal types of company

  • The company as a merchant and its obligations, according to the commercial code
  • The company within the constitutional framework reserved for the state or Mexican companies under the foreign investment law
  • The constitutional guarantee of free competition and prohibition of monopolies
  • The merchant as a natural person
  • The merchant as a legal entity
  • The commercial company, its choice, advantages and disadvantages

3. Constitution of the corporation

  • The social contract
  • The corporate bylaws according to the code of best corporate practices
  • Permits for the constitution of a public limited company
  • The permission of the Ministry of Foreign Affairs
  • Special permits
  • Protocol and registration of the articles of incorporation
  • Operation and legal operation of the corporation
  • Powers and powers of the general meeting of shareholders
  • Powers and powers of the administrative body, in accordance with the general law of commercial companies and in accordance with the code of best corporate practices
  • Powers to officials and employees, in accordance with internal organizational development policies
  • The powers and their compliance with the corporate purpose
  • The powers and their conformity with the labor category of the proxies
  • Functioning, powers and duties of the company's oversight body
  • The commissioner
  • Powers and duties of the commissioner
  • The financial opinion of the statement of financial position
  • The report on the fiscal situation of the companies, which are ruled for tax purposes
  • The constitutional guarantee of freedom of activity and analysis of economic activities, reserved for the state or Mexican companies under the foreign investment law
  • The constitutional guarantee of free competition and prohibition of monopolies

Module 2. Commercial Contracts (20 hours)

Considering that in many cases the financial losses that a company suffers are due to deficiencies in the contracts they conclude with third parties (suppliers and customers), in this module, it is sought that, in a practical way, students learn the methodology of effective negotiation of contracts and agreements. As well as structuring and drafting their contracts and agreements so that their operations are more successful.

  • Supply contract
  • Financial lease agreement
  • Factoring Contract
  • Commission contract
  • Distribution contract
  • Franchise agreement
  • The no compete clause

Module 3. The company and its workers (20 hours)

In everyday business practice, compliance and application of the norms contained in the federal labor law constitute the best tool for the administration of human resources. This module will give participants good legal advice and practical teaching material to manage the company's staff.

  1. The field of application of federal labor law, in personnel administration: The individual employment contract. Mandatory; Content and elements; The registration of workers before the RFC of the SAT, IMSS, INFONAVIT and SAR
  2. Comprehensive study of salary and benefits
  3. The integrated daily salary
  4. Comprehensive study of the legal conditions of work
  5. Working day
  6. Weekly and mandatory days of rest, the Sunday premium
  7. Vacation and vacation bonus
  8. Bonus
  9. Participation of workers' profits in companies
  10. Hygiene and safety at work
  11. Obligations and prohibitions to workers and employers
  12. Suspension, termination and termination of employment relationships (rights and obligations that arise)
  13. Calculation of compensation to be paid to workers

Module 4. Tax Regime of the Company (20 hours)

That the participant is familiarized and internalized in the complex Mexican tax system, and can acquire the necessary knowledge for the company to comply with the tax regulations that affect it.

1. Tax legal obligations of the company

  • The obligations of giving, doing or not doing, of the company
  • The contributions to which the company is subject
  • Powers of the tax authorities
  • Service tax administration

2. The income tax

3. Value added tax

4. Tax crimes

Module 5. The Enterprise and Industrial and Intellectual Property (20 hours)

Today, technological innovations move the world and develop the productive capacity of companies. In this module, the participant will know the legal, national and international treatment that this subject receives.

1. Introduction: Difference between intellectual property and industrial property

2. Analysis of the Paris convention on industrial property rights

  • What industrial property and protection rights cover: Patents; Utility models; Brands

3. Trademarks or product brands

4. Service marks

  • Industrial designs

5. Industrial drawings

6. Industrial models

  • Denominations of Origin
  • The industrial and commercial secrets
  • Commercial notices
  • Trade names

7. What does intellectual property cover? Protection rights to: Literary, scientific, musical, scenic works; Advertising, plastic and graphic works; Cinematographic and audiovisual works

8. Computer systems (software)

9. General protection of industrial and intellectual property rights

10. Powers and powers of the Mexican Institute of Industrial Property (IMPI)

11. Powers and powers of the National Copyright Institute (INDAUTOR)

12. Industrial property rights in free trade agreements

13. Licenses and transfer of industrial and intellectual property rights

14. The protection of data held by individuals

15. The valuation of intangible assets. Fiscal approach to industrial property and analysis of the financial information standard, No. 8 (intangible assets)

16. The relationship between industrial property and regulatory law

Module 6. Commercial Contest (20 hours)

In this module the participants will have knowledge of the benefits that this figure gives to the companies that face economic problems and of the legal consequences that can take to a company to face the instance of the mercantile competitions like responsible company and like recognized creditor.

  1. What is the commercial contest
  2. Stages of the commercial contest
  3. Declaration procedure and constitution of commercial insolvency
  4. Effects of the commercial judgment
  5. The conciliation. First stage
  6. Credit Recognition
  7. Bankruptcy
  8. Special Mercantile Contests
  9. Incidents, resources and enforcement measures
Last updated Dec 2019

About the School

El Tecnológico de Monterrey es una institución de carácter privado, sin fines de lucro, independiente y ajena a partidos políticos y religiosos. Fue fundado en 1943 gracias a la visión del empresario ... Read More

El Tecnológico de Monterrey es una institución de carácter privado, sin fines de lucro, independiente y ajena a partidos políticos y religiosos. Fue fundado en 1943 gracias a la visión del empresario mexicano Eugenio Garza Sada. Su labor es apoyada por asociaciones civiles integradas por destacados líderes de todo el país, comprometidos con la calidad de la educación superior y con el desarrollo de México. Read less
Monterrey , Buenavista , Mexico City , Zapopan , Puebla City , Mexico City , Santiago de Querétaro , Mexico City , Tampico , San Luis Potosi , Ciudad Juarez , Leon , Saltillo , Cuernavaca , Toluca , Chihuahua , Aguascalientes , Culiacán , Hermosillo , Tijuana , Morelia , Torreón , Cancún , Heroica Veracruz , Ciudad Obregón , Pachuca , Reynosa , Irapuato , Mexicali , Mérida , Oaxaca , Villahermosa , Nogales , Campeche , Mexico City + 34 More Less