New provisions issued under the Law to Regulate Financial Technology Institutions

We inform our clients and friends that Banco de México, the Ministry of Finance and the National Commission of the Retirement Savings System have published rules in the Official Federal Gazzette in connection with transactions with virtual assets by Mexican financial entities, implementation of innovative models to offer financial services and transactions denominated in foreign currency by Mexican crowdfunds.

To read the full newsletter, please download the PDF here.

For further information with respect to the new provisions, please get in touch with your regular contacts at Nader, Hayaux & Goebel.




NHG contributes to Chambers Global Practice Guide: Investment Funds

Our Partners Hector Arangua and Adalberto Valadez contributed to the Chambers Global Practice Guide – Investment Funds, Mexico chapter. The Investment Funds guide provides expert legal commentary on key issues for businesses and this guide covers the important developments in the most significant jurisdictions.

You can download the PDF here or read the full article at Chambers & Partners website.

 




M&A team contributes to The International Comparative Legal Guide to M&A

Yves Hayaux and Eduardo Villanueva contributed to the Mexican Chapter of The International Comparative Legal Guide (ICLG) to M&A.

The Guide covers common issues in M&A laws and regulations, including relevant authorities and legislation, target defences, bidder protection, and mechanics of acquisition – in 54 jurisdictions. You can download the PDF of the article here or read the article on ICLG’s website.




Amendments to the Pension Funds Systems Law

On January 16, 2019, the federal executive branch of the Mexican Government introduced a legislative proposal (the Proposal”) to the House of Representatives (Cámara de Diputados) of the Mexican Congress to amend various provisions of the Pension Funds Systems Law (Ley de los Sistemas de Ahorro para el Retiro). The following are the main amendments introduced by the Proposal:
A. New operating model for Afores.
B. New investment opportunities.
C. Performance Fee.
D. Withdrawal of voluntary deposits.
To read the full newsletter, please download the PDF here.
For further information with respect to the Proposal, please get in touch with your regular contacts at Nader, Hayaux & Goebel.



Plan to promote the financial sector in Mexico

On January 8, 2019, Mexico’s Central Bank (Banco de México), together with the Ministry of Finance and Public Credit (Secretaría de Hacienda y Crédito Público), presented the Plan to Promote the Financial Sector in Mexico (the “Plan”). The following are among the main initiatives of the Plan:

Tax incentives for Initial Public Offerings and interest payments to non-resident holders of corporate bonds
Strengthen the investment regime of the Mexican Pension Funds (Sociedades Administradoras de Fondos para el Retiro) (Afores) and voluntary savings
Changes to the regulation of repo agreements and securities lending
Greater flexibility for financial intermediaries in their repo and securities lending operations

To read the full newsletter, please download the PDF here.

For further information with respect to the plan, please get in touch with your regular contacts at Nader, Hayaux & Goebel.




NHG contributes to 8th edition of the International Capital Markets Review

Julián Garza, Gunter Schwandt and Jenny Ferrón contributed to the The International Capital Markets Review, part of the reputed The Law Reviews series published by Law Business Research.

This multi-jurisdictional guide addresses the comparative law aspect of  international capital markets workload and offers legal practitioners with a reference source.

The guide is now in its 8th edition, and covers 28 jurisdictions in which leading law firms offer the latest insights and regulatory updates.

The Mexico chapter can be downloaded free of charge here. The full book is also available and can be downloaded here.

Further information and instructions on how to purchase the publication can be found on The Law Review’s website.




NHG recognized as Capital Markets Law Firm of the Year 2018 by Best Lawyers

Nader, Hayaux & Goebel is pleased to inform that Best Lawyers, a publication that gathers information from other firms and lawyers, has recognized NHG as Law Firm of the Year 2018 in the practice of Capital Markets. This recognition is determined based on certain factors including comments from other attorneys, coverage and scope of the firm in this area of practice, historical analysis of the winners in Lawyer of the Year and the reputation of the firm as an expert in this area.

Likewise, we are pleased to inform you that Michell Nader, Yves Hayaux and Hans Goebel have been recognized as Lawyer of the Year, in the practices of Project Finance & Development, Insurance Law and Structured Finance Law, respectively.

For the full rankings of Nader, Hayaux & Goebel, visit Best Laywers.




NHG Real Estate team contributes to 2nd edition of The Legal500’s Global Guide to Real Estate

Vanessa Franyutti, Alejandro Rojas and Fernando Castillo contributed to 2018 edition of The Legal 500: Real Estate Country Comparative Guide.

Each chapter of this global guide provides information about the current issues affecting real estate in a particular country and addresses topics such as ownership proof, due diligence, taxes, planning and zoning restrictions, mortgages and environmental contamination as well as insight and opinion on the most common issues in their respective country. The Q&A template for each chapter has been provided by Jonothan Solomon of Clifford Chance.

You can download a free copy of the Mexico chapter here.




Two new partners promotions mark NHG’s solid growth path

Nader, Hayaux & Goebel is pleased to inform that Ana Paula Telleria and José Humberto Rocha have been named Partners of the Firm as of January 1, 2019.

Ana Paula’s practice focuses mainly on securities and capital markets, with significant expertise in secured transactions, including joint ventures, mergers and acquisitions and corporate related matters. She is regularly involved in cross-border transactions in connection with the structuring, development and financing of projects in Mexico.

Ana Paula also specializes in real estate finance and investment. She has a strong background in relevant real estate transactions including business, commercial, industrial and residential developments, tourism and leisure projects (hotels, time-share regimes and mixed-use developments). She has substantial experience advising clients on structuring of CKDs (development capital certificates) and FIBRAs (the Mexican equivalent of a U.S. REIT), private funds and other financial investment vehicles for the real estate sector. Chambers and Partners Latin America has ranked Ana Paula two years in a row as an Associate to Watch in the area of Capital Markets. Ana Paula graduated from Universidad Panamericana, attorney at law (2007) and received her LL.M. from New York University School of Law (2012) with special focus on Corporate Law.

José Humberto is an expert in finance law, counseling domestic and foreign credit institutions and other financial organizations in domestic, cross-border and global transactions, as well as large-scale companies in structuring and restructuring their debt.

As an associate of NHG, he has been the lead attorney in a variety of credit transactions, including innovative and traditional credit facilities secured by different kinds of collateral such as real estate mortgages, security trusts, ship mortgages, tangible and intangible pledges and other corporate guarantees.

José Humberto has strong experience in banking law, corporate finance, mergers and acquisitions, private equity and debt and corporate restructures. He graduated as attorney at law from Universidad Anahuac in 2009 and holds a Master in Corporate Law and a Post-Graduate degree in Corporate Law (summa cum laude) both from Universidad Anahuac. In 2014, he completed his LL.M. at the University of Chicago Law School, and worked as a foreign associate at Proskauer Rose, LLP’s New York office from 2014 to 2015.

The Firm is proud of Ana Paula and José Humberto’s appointments. We are certain that in their new endeavors they will further strengthen the Firm’s capabilities in some of the Firm’s core practices, including capital markets, banking and finance and M&A.

 




Laws, regulations and policies that affect Technology M&A in Mexico

Gunter Schwandt and Jenny Ferrón have contributed to the 2019 Technology M&A publication of Getting The Deal Through, where they describe the laws, regulations and policies that affect the structure and execution of technology M&A in Mexico, along with the due diligence processes of such transactions.

This is the first edition and covers 16 jurisdictions in which leading law firms offer the latest insights and regulatory updates in technology M&A transactions.

The Mexico chapter can be downloaded free of charge here. For further information, please visit GTDT’s website.