The Public Broker

¿Who is the Public Broker?

He is a lawyer in right qualified by the Federal Executive, between the Secretariat of Economy, previous the fulfillment of the requirements that indicates to the Federal Law of Public Brokerage and its regulation.

Functions:

The basic function of the Public Broker is to guarantee the legal security and certainty, exerting a control of legality in the commercial transactions and other matters of federal competition, offering a professional and impartial advising with the obligation to keep the professional secret that imposes the Law, which represents a confidence element for those who use their services; their actuation se circumscribe to the following thing:

• Mediating agent: transmits and interchanges proposals between two or more parts and adviser in the celebration or fits of any contract or agreement of mercantile nature.

• Valuator Expert: Esteem, quantifies and values the bines, services, rights and obligations that are put under their consideration, by private appointment or mandate of competent authority.

• Legal adviser: Adviser legally to the retailers in the activities of the commerce, with a high sense of responsibility and professional ethic.

• Referee: It acts to request of the parts, in the solution of controversies derived from acts, contracts or agreements of mercantile nature, as well as those that suppliers and consumers are between, offering solution to the commercial conflicts by means of a fast, economic and equitable process.

• Federates Public: It acts as Federated Public to point out contracts, agreements and legal transactions of mercantile nature, except being buildings, as well as in the emission of obligations and other titles value; in hypothecs on ships, ships and airships that are celebrated before him, and to point out the facts of mercantile nature.

Also, it acts as federated in the constitution and the other acts anticipated by the General Law of Mercantile Societies, even those in which it is pointed out the organic representation.

Benefits:

1. Personal legal advising on the part of the Public Broker respect to the subject of his interest.

2. It makes agile the commercial transactions by its ample knowledge and experience in the mercantile matter.

3. Protects the interests of its clients because the Broker grants a guarantee to respond to the due exercise of his functions.

4. Es imparcial en todos los negocios en los cuales interviene y está obligado a guardar secreto profesional.

5. Legal value, due to which the acts and policies granted by the Brokers, are instruments public.

6. It can freely agree to the amount of its honoraria with its clients, which allows obtaining the best agreement for both parts.

Scope of Competition:

The Ejective Federal by conduit of the Secretariat of Economy, grants the title of rating of Public Broker to the lawyers in right who have satisfied the legal requirements, to effect to exert the functions settled down by the Federal Law of Public Brokerage and its regulation.

For the effects of the Federal Law of Public Brokerage the national territory is divided in seats, one by each state in favor and another one of the Distrito Federal.

The Public Brokers will be able to exert their functions like mediating agent, Valuator Expert, legal adviser and referee in all the Mexican Republic. When they act like fedatarios they will be able to do solely within the seat for which they were qualified, although the acts that are celebrated before their faith will be able to talk about to any other place.

Obligations:

• To personally exert its function with probity, rectitude and efficiency;

• Be expeditious in the execution of the subjects entrusted;

• Propose the businesses with exactitude, clarity and precision;

• Make sure the identity of the parts that they contract, they agree or they ratify before its faith, as well as of their legal capacity to contract and to commit themselves;

• To orient and to explain to the odorants the legal value and consequences of the acts in question, and keep professional secret in the exercise from its functions.


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