Legal counsel in acquisition, protection, and administration of assets

Ithe searching process for products that allow the investors to maximize and protect his real estate investments and other assets, is that we offer the following specialized services. These products are intended to give peace of mind to the investor once he has decided to invest in Costa Rica. Title search guarantees current up to date information of a property

Recorded document search

Aprospective buyer or an investor, who may want a legal opinion before you start negotiations for a property, the RECORDED DOCUMENT SEARCH is your option. Thanks to this useful tool that we have at your disposal, you can learn all the background of a property even before you start negotiating it. Also you will know if the property you are interested in, has the legal disposition for the future development.

Property monitoring:

For those investors, that can’t constantly be checking their properties we offer the property watch on a registry level. Thanks to this service the client can feel safe that he would have an early warning if some try a registry fraud against him, giving the chance to immobilize the property before it is stolen. For more information Contact us.

Protect your assets in Costa Rica

Don’t let the new tax law get you unprepared. Consult with the experts!

Maritime zone regulations in Costa Rica

t Jurex Law we have extensive experience in the legislation that protects the maritime zones of Costa Rica, and the permits for granting the concession of those areas for housing, tourism, agriculture, recreation, industrial or mining purposes.

Our strategic alliance with Consultores Turísticos Asociados, a leader company on the development of tourism projects and condominiums in maritime zones, allows us to provide our clients an efficient and personalized service.

What is a maritime-terrestrial zone?

ccording to the Ley sobre la Zona Marítimo-Terrestre (Diario Oficial La Gaceta, 1977) a maritime zone is:

“The range of 200 meters wide along the entire length of the Atlantic and Pacific coasts of the Republic, whatever its nature, measured horizontally from the line of the high tide and the land and rocks that the sea leaves uncovered during the low tide”.

The 200 meters of the Maritime zone are divided as follows:

• Public zone: 50 meters wide strip from the ordinary high tide, and the areas that are exposed during the low tide (islets, cliffs, natural formations, mangroves and estuaries).

• Restricted zone: strip on the remaining 150 meters

¿For how long the public land concessions are granted?

rticle 48 of the Law defines that public land concessions may be given for not less than 5 years, no more than 20 years.

The respective municipality will request to the Dirección General de Tributación an appraisal of the land to determine the value of the use right. This is established in articles 49 and 50 of the Reglamento a la Ley sobre la Zona Marítimo-Terrestre:

“The annual fees payable by the licensees of the maritime zone will be regulated according to the following table, applied to the respective appraisals”:

• Agricultural use: 2%
• Residential use: 3%
• Hotelier, tourist or recreational use: 4%
• Commercial industrial, mining or extractive use: 5%

Activities prohibited in the maritime zone:

rticle 12 of the Ley sobre la Zona Marítimo-Terrestre, also known as Law 6043, establishes the activities that cannot be performed in areas property of the Costa Rican State, without the proper legal authorization (concession):

1. Exploit the existing flora and fauna
2. Delimit with fences, rails or any other form
3. The construction of buildings or facilities
4. Cut trees
5. Remove products or any other type of development, activity or occupation

mining or extractive use: 5%

What happens if the restrictions are not folowed in the maritime zone:

rticle 13 of the law makes it very clear:

The authorities of the corresponding jurisdiction and the respective municipalities will proceed with the eviction of the offenders and the destruction or demolition of the constructions, renovations or installations. The owner of the building or facility will be charged with the cost of the demolition; all these, as well as other criminal sanctions (jail).

Who cannot receive a land in concession?

• Foreigners who have not resided in Costa Rica for at least 5 years
• Corporations with bearer shares
• Corporations or entities domiciled abroad
• Entities constituted in the country by foreigners
• Entities whose shares, quotas or capital are owned by foreigners in more than 50%

If you have any questions regarding the concession of properties in Costa Rica and its legal procedures, don´t hesitate to contact us today.

Protect your investment in Costa Rica

Estate and Probate

Making a will: The safest and fairest way to inherit your assets

o make a will in advance and in full use of your faculties to determine who will inherit your assets is a responsible action that will ensure a fair treatment for your loved ones and friends, or the institutions supported by you in life.

The Inheritance Law in Costa Rica provides you legal tools to distribute your assets equitably or as you dispose: Money, properties, jewelry, vehicles, objects, business, paintings, etc.

How to make a will?

There are two types: open will and closed will

Open will

• The person (also known as the testator) prepares the will before a notary public and three witnesses
• It is written on a public deed
• The will indicates how to distribute total or specific goods
• It includes the name of the will executor, the person who will manage the assets until they are given to the heirs
• The original document will be send to the Archivo Nacional (National Archives)

Closed will

• It is more personalized: It is handwritten and indicates the assets to be inherit and who are the heirs
• The will is signed in the presence of a notary public and put in a sealed envelope
• The envelope is closed by applying a wax seal to ensure that it will be opened only by a judge, because this kind of will stays with the person and is not stored at the National Archives

Read more about successions through an open or closed will in our article “Making certain by the use of a will, that your most valued assets end in the hands you intended”

What happens if I don’t leave a will?

hen a person dies without leaving a will, it is necessary, in most cases, to turn to a legal advice that provides you four elements: Experience, security, reliability and speed of action.

We talk about speed of action because, as your legal advisers, we must prevent that unscrupulous people may get benefit from the assets.

If there is no will the Costa Rican laws are clear about granting benefits to the direct relatives of the testator, or first succession degree: Spouse, children and parents. To do that, a board of heirs will be created, presided by a judge that will help them distribute the assets as the law requires, to make decisions and protect the interests of them all.

How are the assets distributed when there is no will?

he spouse of the testator receives 50% of the assets only if the assets accumulated by both parties during their marriage (marital assets) correspond to the other 50%.

From the distribution of the 50% of the assets, the other half will be received equally by the children or parents of the testator.

What happens when the person dies without a will and without direct relatives?

he chain of succession, according to the Costa Rican Law, continues with the brothers or sisters, nephews or nieces of the testator, or the State, specifically the Education Board of the places where the testator accumulated its assets.

Successions of foreign citizens in Costa Rica

s a lawyer with over 25 years of experience I have deal with many cases where a foreign citizen dies leaving properties or assets in Costa Rica.

For the successions of foreigners’ assets it is vital to verify that the person made a will in its country of origin and whether it complies with the laws of Costa Rica, in terms of validity. This applies, for example, if the foreigner has family in Costa Rica that can rightfully inherit the assets.

If in the country of origin of the foreigner a sentence related to a will that includes assets located in Costa Rica is dictated, then the Corte Suprema de Justicia (Supreme Court of Justice) is responsible for validating the sentence issued abroad.

At Arturo Blanco Law we present you our specialized service in estate and probate. We are in full capacity to perform the probates as well as a non-testamentary proceeding, also if you are in the process of preparing your estate planning, or creating a trust fund for your loved ones.

Please do not hesitate to ask us about our services in Inheritance Law.

Make your Will today and save problems to your loved ones tomorrow

LEGAL SERVICES THAT MAKE THE DIFFERENCE

Alternative Resolution of Conflicts

n accordance to the new trends of searching for an alternative resolution to conflicts that may arise between individuals and corporation and third parties, is that Lic. Blanco has participated in training courses in Mediation, as well as Conciliation. From a Latin-American program perspective, the training for accreditation in Business Arbitration was specific to the commercial area. A Mediation and arbitration clause shall take into consideration the local uses and legislation.

With these training, we are the option to the new growing group that wants an alternative other than the judicial process, in other to put an end to the legal disputes. We offer this a great option to avoid the long a tortuous path of a slow judicial system in Costa Rica.

What is the Alternative Resolution of Conflicts (RAC)?

t is a system that is given as an alternative (as it is set by its name) to the traditional model of judicial proceedings in Costa Rica. It arises as an option that people have, so that through dialogue and with the presence of a third party that do not form part of the situation, they can reach a mutual agreement and solve the conflict in dispute.  It is also a way to avoid the costs and the time of a judicial process.
This not only seeks to liberate the courts, but, also for a more economical system to solve conflicts in a shorter period of time.
The system gives the possibility of resolving conflicts between different parties without the need of taking them to court, through agreements of forced compliance or, if not, with guarantees for their compliance. The contracts that are signed in this process have no link with a court ruling, but must comply with its statutes. If it does not observe them, the affected person may go to court and formalize a complaint

What is the Mediation and Conciliation?

ediation is a process in which a person (mediator), unrelated to the situation in conflict and that has no personal interests in it, procure that those who have the problem may reach a mutual agreement that is satisfactory for all of them.
But the most important thing of this mechanism is that the owners of the problem are those who resolve it. Each person involved is entitled to speak uninterruptedly so that listeners can understand its position and need.
Once the people or groups come to a covenant about the possible solutions, the mediator must write an agreement and it is signed by all in accordance.

Some advantages are:

• Is quicker
• Is confidential
• Promotes equality
• The agreement is voluntary

What is Arbitration?

rbitration is a mechanism for the alternative resolution of conflicts through which the parts give to arbitrators the power for the solution of a controversy related to affairs of free disposal or those that the law authorizes

Some advantages are:

• Impartiality
• Fitness
• Validity
• Economy
• Immediacy

What happens when a Judicial Collection Procedure takes place?

1. The amount of the debt is increased due to the administrative expenses, charging interests, default interests and lawyer’s fees.
2. All the assets of the debtor are seized; and the salary and bank accounts frozen, until the trial starts.
3. All seized assets are frozen, which means they cannot be sold or transferred to another person, without first liberating the asset from the obligation, which as a consequence means the payment of the debt to the creditor.
4. As part of the seizure, a part of the salary of the debtor will be reduced, month after month, until he pays the debt.  This process can last many years, depending on the salary and the amount of the debt.

For all those reasons, you should never take a legal collection procedure lightly.  It is important to know that a proper and timely legal advice can bring viable solutions to this kind of situations, as much to the creditor as to the debtor.

Get in contact for more information.

Recover your money.  Consult us. We are experts in legal collection!

LEGAL SERVICES THAT MAKE THE DIFFERENCE

To Create a Company in Costa Rica

hat use would it had to create a company with a great capital investment, furniture, industrial implements, machinery, etc., if it doesn’t have permits or licenses; if the commercial operations are not backed up; if the industrial property rights are not protected; if there is no compliance with the tax obligations, with the consequence of receiving a monetary sanction; if the debtors’ obligations are not duly guaranteed; in other words, if your operation is irregular due to lack of knowledge or negligence in the compliance with the valid judicial ruling?

Corporate Law is a specialized discipline which shows the structure from which a company can be formed in order to adjust the organization and its activities to the in-forced judicial norm, due to the complex characteristics that imply its creation, functioning, development and relations with other entities.

To have a complete knowledge of the norms approved by the Costa Rican governmental offices, allows us to achieve the goals you require for the constitution of a corporation.

Corporate law gives us the theoretical and instrumental tools that act directly upon the creation, organization, operation and control of the companies.  The judicial foundation of the entrepreneurial activity is fed by theories, institutions, principles and texts that come from different branches of the law.

Corporate Law is responsible for:

• Labor matters
• Tax subjects and the payment of tax obligations
• Brand registration or copyright
• Intellectual property
• Financing and relationship with banks
• Constitution of companies
• Selling of companies
• Fusions and dissolution of companies
• Deals, agreements and contracts
• Notary and legal advice

Our purpose is to avoid conflicts with the local legislation, facilitating business deals; our goal is to satisfy our clients’ needs, give them an expert and selective service, with flexibility, and overall, a service mentality.

Our corporate law focus is fresh and innovative.  With more than 25 years of experience, we help our clients to manage the implied risks of bringing their business to the country in a safe way, without obstacles and with professional diligence.

Arturo Blanco has a Master’s Degree in Corporate Law, knowledge that allows him to deepen in his legal advice and counseling to local and foreign companies.  His experience as a corporate legal advisor let him guarantee his clients the legality of their commercial transactions and the solidity of their corporate structures, as well as explain them the existing local means to manage a company in Costa Rica.

The process of purchasing a property abroad entails prior knowledge of the applicable law in Costa Rica, how they resemble the U.S. law system and what to expect dealing with such transaction. Knowledge of the local laws, customs and uses is basic. It is for this reason that our services encompass the full scope of services that may be required both by a purchaser, as well as a company or developer who intends to do business in Costa Rica.

Our Real Estate Services and Property Management Include:

Escrow Agreements and Trust Agreements

We prepare the contractual documents and instruction so an independent trusted third party may receive and disburses money and/or documents for the transacting parties, with the timing of such disbursement by the third party dependent on the fulfillment of contractually-agreed conditions by the transacting parties.

Options to Purchase Agreements

With extensive practice in this matter, we bring a balanced relationship between a seller/developer and the person who has the intent to purchase a property.

Title Guarantee

Due diligence and prior property reviews may determine hidden liabilities over properties. We also have direct relations with the major Title companies to secure at the request of a client a Title guarantee in Costa Rica.

Due Diligence Processes

Because the purchase of a property must take into account not only the current information but any prior record that may affect the project, a formal review of the properties registration information, any liens and annotations which may have affected the property is always required. All as a means of securing a purchase that has at hand every aspect that must be considered prior to a purchase.

Financial Structures Setup

When securing a deal, the needs of the buyer and seller are to be met in a contract that is balanced and clear. We are prepared to create legal structures and document financial instruments to secure a purchase.

Condominium Regulations and By Laws

Local regulations differ from those in other countries. Knowing how an HOA works, its regulations and ways of settling disputes is one of our areas of expertise.

Protecting your creations, intellectual property and more

Trademark registration in Costa Rica

n order to offer our clients added value to its products, as well as the possibility to protect their efforts in the creation of new brands, we offer legal advice on “Trademark registration”.

In the field of industrial and intellectual property, we have an extensive experience to carry out the following tasks:

• Prepare, file and give the required follow up to obtain the legal certificate of registration of commercial distinctive brands, commercial names and trademarks, among others.
• Renewals, transfers and changes of names.
• Administrative procedures like appeals and oppositions to registration of trademarks
  

Intellectual Property:

ntellectual Property, stipulates the National Registry of Costa Rica, includes all the creations of the mind, in which intervenes the creativity, originality and personal stamp of each creator: Inventions, literary and artistic works, symbols, names, images, drawings and models used in commerce.

The National Registry is the organism responsible for regulating all the procedures for the inscription of trademarks or commercial names protect and renew them.

What kind of creations can you register as Intellectual Property?

e will explain in detail trademarks and patents; the most common Intellectual Property types in the country.

1. Trademarks:

Any sign or combination of signs capable of distinguishing the goods or services of one person from another, i.e., those signs used by business people to identify and distinguish goods or services on the market. (National Registry)

A trademark may consist of a sign or a combination of several signs, which carry one or more words, personal names, letters, numbers, portraits, labels, shields, badges or bullets, etc.

When is not possible to register a trademark? 

There are absolute prohibitions when registering a trademark, such as not being able to distinguish the product or service, or that it includes false or misleading information about the characteristics of the product.

Relative prohibitions, on the other hand, apply if the trademark to be register is similar or identical to one already registered.

How do you register your trademark? 

Is recommended to get experienced legal advice in this matter, because it is ideal to first execute a study of trademarks (Preliminary study of novelty) to check if a similar or identical trademark has been already presented at the National Registry.

After the study, your legal representative will submit an application for the registration before the Registry of Industrial Property, with other requirements and data of the trademark and its creator: Name, address, details of the brand, products or services where the brand is going to be used, payment of the registration fee, among others.

For how long will your trademark be registered?

For 10 years; the protection applies only in Costa Rica.

2. Patents of invention:

Patents of invention are given to products or procedures in all fields of technology, as long as they are new, have an inventive level and can be applied industrially. (National Registry).

Requirements for your product to be patentable: 

• Novelty: the invention must be 100% new, both in Costa Rica and around the world.
• Inventive level: an invention becomes inventive when it is not obvious or evident.
• Industrial application: the invention must have a specific, substantial and credible utility, explains the National Registry.

How do you register your patent?

Again, the legal advice is recommended in this case, in order to make the corresponding investigation at the Support Center for Technology and Innovation (CATI in Spanish), located in the Industrial Property Registry; here we can check history and backgrounds to determine if a similar invention exists and if it is already registered locally or globally.

After the revision at the CATI, it will be necessary to:

• Submit the Application Form.
• An extensive examination where the examiner will analyze if the invention is patentable.
• Cancel several costs, including a presentation fee.

For how long will your patent be registered?  

For 20 years, and it only applies in Costa Rica.

It is vital that your commercial name or trademark are registered before the National Registry, because unscrupulous people might take advantage and register your invention as their own. Ask today for the legal advice of Arturo Blanco Law, a law firm with over 25 years of service to local and foreign citizens.

Source:
rnpdigital.com

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Save your creations. Register your trademark and inventions