In any legal procedure, meeting deadlines is crucial. In most notifications received, the recipient is given a deadline to appear or respond to the document. Therefore, it’s advisable that as soon as you receive the document, you get in touch with your lawyer for proper advice.

A lawyer is a professional who has studied and has the experience and knowledge to guide, represent, and assist in legal matters.

This is determined once the lawyer has evaluated the case and its details. This way, you’ll receive comprehensive advice, and the professional will guide you correctly in any necessary proceedings or situations.

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Mergers and acquisitions are part of a business strategy in which two or more companies merge into a single entity to grow, gain market competitiveness, and strengthen themselves.

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The most common ones are: 1. Complete merger, where companies join to form a new one under a new name. 2. Merger where one entity absorbs the assets of the other and keeps its name. 3. Merger where entities contribute part of their assets to form a new one, without any of the original ones disappearing.

1. A business model that has gained relevance in recent years in Costa Rica and can be used by small, large, or medium-sized entrepreneurs. Through a franchise, the owner of a brand, service, or business, known as the franchisor, grants another person (the franchisee) the right to operate under their brand. The franchisee pays a fee for the brand’s operation and, in return, also receives administrative, financial, and commercial guidance. Some common franchise types include:
   • Food sector franchises: Fast-food restaurants
   • Specialized services franchises: Hotels
   • Beauty and personal care franchises: Beauty salon chains
   • Nutritional supplements franchises.

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The Sociedad Anónima (S.A.) and the Sociedad de Responsabilidad Limitada (S.R.L. or LTDA.) are the most commonly used commercial companies in Costa Rica when one wants to invest in a business or engage in commercial activities.

Partners: At a minimum, a commercial company requires 2 partners to form. Once established, there will be no maximum limit of members, and if necessary, it can remain with just one.

Members: The Sociedad Anónima (S.A.) must have a President, Secretary, Treasurer, and a legal representative (Fiscal) with no legal power. For a Sociedad de Responsabilidad Limitada (S.R.L. or LTDA.), only a Manager is necessary, who, in turn, will be the judicial representative of the company.

Registration: Companies are registered in the Registry of Legal Entities at the National Registry. It will be necessary to specify the activities the company will carry out, provide data such as: full name of the members, copy of the ID, marital status, profession or occupation, and exact residential address. Additionally, specify the total capital of the company, the number and value of shares or quotas, and how they will be distributed among the members.

When registering the company, the payment of the corporate tax, other taxes, and stamps is made in advance.

Domicile: To establish a company, it’s necessary to have a fixed address and an office to receive legal notifications within Costa Rica. If those representing the company do not have a fixed address in Costa Rica and live abroad, it will be necessary to appoint a Resident Agent: a lawyer who will represent the company when required.

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• It’s a method of generating, sending, and storing invoices electronically, reducing paper usage and simplifying accounting and tax processes. The main goal of electronic invoicing is to have a more accurate control of income for self-employed professionals with tax obligations, such as doctors, veterinarians, lawyers, notaries, accountants, engineers, architects, among others, as well as businesses in the country. Tax law seeks to regulate, based on legal principles and norms, the obtaining of income by public entities and oversee taxes and duties in Costa Rica.

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• According to the National Registry: “It’s one of the branches within Intellectual Property aimed at protecting original intellectual creations (…) Copyright protection covers the expressions, the creative, ingenious, original, unique form of the author’s expression, but not the ideas. Ideas are free to use.”

   

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At ERP Lawyers, we have experts in labor matters and can advise you on employment contracts, work schedules, benefits, vacations, severance, document preparation, settlements, and any other situation your company might need assistance with in this area.

• Who is the registered owner, whether it’s an individual or a company.
• If it’s a company, reviewing constitutive agreements and changes, as well as the powers of attorneys for sales.
• Verifying whether the title indeed corresponds to the property being sold.
• Reviewing the topographic plan, including measurements, boundaries, easements, and more.
• Verifying if the property has encumbrances and/or annotations, such as mortgages or liens, easements, and administrative limitations.
• Checking for updated payment of taxes and other municipal obligations.
• Whether any insurance is applicable to the property.
• Whether the property is being purchased with an existing loan.
• Verifying through a Land Use study that the property is suitable for the intended purpose by the potential buyer.
• Reviewing the Regulatory Plan of the area where the property is located to be aware of possible construction limitations.
• Analyzing the availability of basic services in the area: Telephone, electricity, water, cable TV, sewage, and waste collection.
• Existing or potential lawsuits that might affect the property. Whether the property has any lease agreements.
• If the property is part of a condominium, ensuring that condominium obligations are up to date.
• Environmental study of the property, among other considerations.

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How can ERP Lawyers advise me on Real Estate Law?

ERP provides guidance on possessory information when a property title is not registered in the National Public Registry. Law 5,257 establishes specific requirements for a person, with ERP’s real estate legal advice, to submit a document and register the property in the Registry. ERP Lawyers specialize in Law 6,043, which governs property concessions on Costa Rican beaches. We become the right-hand support for individuals or legal entities – Costa Rican or foreign – planning to build a home, hotel, or tourist complex.

ERP is well-versed in national property laws and the guidelines set forth in the Regulatory Plans of Costa Rican municipalities. Therefore, our clients receive comprehensive and timely legal advice to subdivide a property into several lots. This service also applies if the property owner intends to merge multiple properties into one.

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• Unless there is a founded opposition and the need to evaluate evidence, there is no trial.
• Actions to resolve debts: The debtor may face wage garnishment or the foreclosure of properties or vehicles used as collateral for the credit or registered in their name.
• Technological tools: The use of electronic case files was implemented to expedite notifications and procedures related to judicial collection. This system aims to facilitate tracking of the case file for all involved parties.

The claim for judicial collection must contain the following information:

1. Names and roles of both parties: plaintiff and debtor.
2. A brief exposition of the facts.
3. Legal grounds.
4. The request.
5. The sums claimed for both the principal and interest.
6. An estimation.
7. Means for future notifications.
8. Place for notifying the defendant party.

To process a trust, legal advice is necessary, as you’ll need to undergo a study, similar to applying for a loan, detailing your financial history, submitting various documents, and clearly understanding the content of the trust.

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There are different types of mortgages:

1. Fixed-rate mortgage: The interest rate and monthly payment remain fixed throughout the loan.
2. Fixed-rate mortgage with principal payment at maturity: Typically occurs when the lender is a private individual, and the loan term is short (usually one to three years). In this case, the debtor pays only interest during the loan term and repays the principal at the end of the term.
3. Variable-rate mortgage: The interest rate is reviewed every three or six months, or annually, adjusting to market conditions. One of its advantages is facilitating longer repayment periods (up to 30 years or more).
4. Mixed-rate mortgage: It charges a fixed interest rate, usually for 3 or 5 years, and then switches to a variable rate.

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Commonly, companies benefiting from this regime are engaged in the export of goods or services and establish their operations within Industrial Parks, whether located in the GAM or outside it. However, the regulations offer the possibility of obtaining authorization for a company to be installed even outside these Industrial Parks, in which case their operations must be justified, and the investment must be higher.

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Companies engaged in:

• Manufacturing in a strategic sector, and also Supplier to other Free Zone companies: Companies that transform raw materials into finished or semi-finished products, regardless of whether they export or not.
• Commercializing: Companies that do not produce, merely handle, repackage, or redistribute non-traditional merchandise for export or re-export. These cannot be sold in the local market.
• Services in a strategic sector: Companies that provide strategic services to individuals or companies domiciled abroad and/or in the national territory.
• Park administration: Companies dedicated to the administration of parks intended for the installation of businesses under the Free Trade Zone Regime.

Public Procurement refers to the specific regulatory framework that enables certain private entities and Costa Rican public entities to acquire goods and services to achieve their goals and meet public and institutional interests, as long as public funds are used for this purpose. It comprises procedures with different rules depending on the amount of the transactions and is mostly carried out through the Public Procurement System (SICOP).

• Public Work
• Supply
• Donation
• Operative and Financial Leasing
• Services
• Public Trust
• Concession of Public Facilities
• Framework Agreement
• Open Types