Wednesday, May 6, 2020
Legal Memorandum - 911 Words
This document presents a framework for developing a legal memorandum concerned with the themes that need to be considered in the companyââ¬â¢s decision to expand to Mexico. There are several legal and ethical areas pertinent to doing business internationally in Mexico. They derive from aspects of both the American and Mexican legal environments as outlined herein. I. Domestic Law A. The FCPA 1. The Foreign Corrupt Practices Act (FCPA) governs the conduct of business operations and activities by American companies engaged in international business (Mundial, 2013). Through the statutory provisions of the FCPA, companies are prohibited from soliciting unfair advantage in their activities by paying bribes or offering to pay them directly orâ⬠¦show more contentâ⬠¦3. Risk factors that promote non-compliance should be understood because failure to strictly adhere to the requisite conditions may result in hefty fines and possible imprisonment. II. Legal Implications of Internationalizing to Mexico A. Implications of the Mexican Legal Environment 1. The decision to expand the business in Mexico means that the company will be subjected to the Mexican legal framework to the extent of its provisions governing international investors. 2. It is essential to understand how the companyââ¬â¢s operations must be tailored in compliance with several aspects of Mexican Law. Critical elements that will be most implicative to the firm are corporate law, labor law, and international trade laws. 3. The Foreign Investment Law underpins Mexican corporate law regarding how it will inform the company structure, governance, taxation, and activities, such as financing that are controlled within the lawââ¬â¢s domain. 4. Additionally, aspects of Labor Law (Mayo, 2014) will be implied in areas, such as employee benefits and trade unionism. 5. Mexicoââ¬â¢s legal environment of the company also includes international trade treaties and the terms that define Mexicoââ¬â¢s membership in international trade organizations, such as NAFTA. B. Advantages and Challenges 1. The legal benefits that arise due to the alignment of the countryââ¬â¢s legal environment with the American context. 2. 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