NHG advised Grupo O’Donnell in the structuring and placement of structured notes (certificados de capital de desarrollo) or CKDs in the Mexican Stock Exchange (Bolsa Mexicana de Valores) issued through an issuing trust (fideicomiso) with an initial issuance of MXN$400 million plus additional commitments, through a capital call mechanism, for a total committed issuance amount of MXN$2 billion (approximately US$100 million) with the purpose to create a private-equity fund to invest, from time to time, in industrial real estate and urban infrastructure.

This placement represents the first structured notes issued by O’Donnell, and it also involved the participation of two coinvestors controlled by O’Donnell.

Very honoured to have our partners Yves Hayaux du Tilly and Luciano Perez as speakers representing Mexico at the 3rd Annual (Re)Insurance LatAm Regulatory Conference organised by The American Inssurance Association (AIA), The American Council of Life Insurers (ACLI), Association of Bermuda Insurers and Reinsurers (ABIR), Reinsurance Association of America and hosted by Carlton Fields.

Yves gave a briefing and update on economic and regulatory developments in Mexico and Luciano talked about recent legislative and regulatory developments and related challenges and opportunities impacting retirement security products in Mexico.

Partners Yves Hayaux du Tilly and Luciano Perez participated at the XV World Congress of AIDA 2018 wich took place in Brasil from October 11 to 13th.

Yves participated in the session of the Reinsurance Working Party to give a presentation on parametric (re)insurance in LatAm and legal issues and developments on performance guarantees and credit (re)insurance; he also gave a presentation in the session of the Working Party on State Supervision of Insurance, on new criteria of CNSF in Mexico on the obligations of foreign reinsurers when taking reinsurance from Mexican cedents and inherent regulatory risk.

Likewise, Luciano gave a presentation on the legal aspects of environmental insurance policies in Mexico for the Working Party session on Environmental Insurance.

For the 6th consecutive year, the Mexican Chamber of Commerce in Great Britain, in partnership with The Law Society and The Bar Council hosted the Lex Mex Conference, which took place on 2 October 2018 at Bernard’s In Hall, Gresham College in London. Nader, Hayaux & Goebel, which is one of the founding member and a strong supporter of the Chamber, was proud to sponsor the event.

LexMex was conceived to foster closer relations between English and Mexican legal professionals to discuss legal developments in Mexico, opportunities of collaboration within legal professionals, and exchange innovation and best practices within the legal profession. LexMex has become the ideal platform for UK barristers and solicitors to meet with their leading Mexican colleagues .

After five successful editions of LexMex, this year for the first time The Law Society, the Bar Council and the Mexican Chamber of Commerce in partnership with ANADE, BMA and INCAM organised a very successful English Legal Week in Mexico City.

Initiatives such as LexMex and the British Legal Week in Mexico are contributing to help English and Mexican lawyers in working together across a range of practices, such as fintech, oil and gas, maritime, international arbitration, corporate governance, anti-money laundering, and financial regulation, and in the development of the international practice of English and Mexican lawyers. In this 6th edition, LexMex managed to have as guest of honour Justice Luis Maria Aguilar Morales, President of the Mexican Supreme Court of Justice.

Participating as speakers in LexMe included H.E. Julian Ventura Mexican Ambassador to the United Kingdom and Northern Ireland, Nigel Baker OBE MVO Head of the Latin Americas for the Foreign and Commonwealth Office, the Presidents of the three main Mexican bar associations (colegios de abogados) ANADE, Barra Mexicana, and Ilustre y Nacional Colegio de Abogados de México, Amanda Pinto QC, Chair of the International Committee of the Bar Council, and representatives of Mexican Law firms such as Guerra González y Asociados, Marván González Graf y González Larrazolo, Malpica Iturbe, Buj y Paredes and Nader Hayaux and Goebel.

Simon Davis, Vice president of the Law Society, The Hon. Justice Mac Gowen, and Lord Brennan QC Senior associate member of Matrix  updated the English and Welsh solicitors and barristers on legal developments in Mexico in sectors such as litigation, insolvency and bankruptcy, employment and social security, project finance, capital markets and financial services, as well as the expectations on the upcoming administration of President elect Andrés Manuel Lopez Obrador, challenges to the rule of law and international judicial collaboration.

LexMex concluded with a dinner at the Grange City Hotel.

On the Mexican Chamber of Commerce in Great Britain

The Mexican Chamber of Commerce in Great Britain (MexCC) was formed in 2011 with the support of key stakeholders in the bilateral relationship to represent the Mexican private sector in the UK, support Mexican investors, businesspeople and traders enter the UK market, and UK investors, businesspeople and traders interested in doing business in Mexico and raise Mexico’s profile as a business partner, promoting Mexico as an investment and trade destination. The MexCC is a non-for-profit private sector organization funded by its members and sponsors consisting of businesses from entrepreneurs to multinational corporations across a range of sectors like, energy, financial services, food & drinks, infrastructure, insurance, etc. The MexCC works in coordination with both Governments, their respective Embassies and promotion agencies, as well as with other private sector organisations in Mexico and the UK, and is the authoritative voice of the Mexican private sector before the international business community in London. For more info please visit: http://www.mexicanchamberofcommerce.co.uk/

We are pleased to announce that Partner Alejandro Mendiola Díaz, head of Nader, Hayaux & Goebel’s Antitrust practice, was appointed as Chairman of the Best Practices Committee of the Economic Competition Commission of the International Chamber of Commerce México (ICC México). We wish him the best of luck in this new endeavour.

Julián Garza and Luciano Pérez contributed the Mexico chapter in Getting the Deal Through 2018 of its Public M&A edition.

Specialist contributors summarise the M&A transactional requirements and procedures governing publicly listed companies in their jurisdictions, covering such areas as: types of business combination, applicable legislation, filings and public disclosure requirements, substantial shareholding regulations, duties of directors and controlling shareholders, shareholder rights of approval and appraisal, hostile transactions, break-up fees and frustration of additional bidders, governmental influence on transactions, conditional offers, minority squeeze-out, cross-border transactions, waiting and notification periods, tax issues and labour and employee benefits.

The chapter on Mexico can be downloaded here.

Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Public M&A 2018 (Published: August 2018). For further information please visit www.gettingthedealthrough.com

Julián Garza and Gustavo Díaz from the Telecoms team at Nader, Hayaux & Goebel contributed the Mexico chapter in Getting the Deal Through 19th edition of its Telecoms & Media guide.

Covering policy and licensing, regulation of services, competition and mergers, Telecoms and Media summarises the main issues related to T&M regulation and policy in a global context: government policy, WTO Basic Telecommunications Agreement commitments, fixed, mobile and satellite services, radio frequency requirements, next-generation mobile services, authorisation timescales and fees, modification and assignment of licences, radio spectrum assignment, cable networks, local loop access, internet regulation, broadband penetration, interconnection and inter-operator disputes, charges and tariffs, customer terms and conditions, media licensing, content and advertising restrictions, exclusivity and ownership restrictions, unsolicited and intercepted communications and competition and merger control.

The chapter on Mexico can be downloaded here.

Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Telecoms & Media 2018 (Published: July 2018). For further information please visit www.gettingthedealthrough.com

Héctor Arangua, Adalberto Valadez and Oscar Vázquez have contributed the chapter on Mexico in the Latin Lawyer Reference on Oil and Gas.

The Reference provides answers to key legal and regulatory questions in Latin America in relation to the energy sector, with a special focus on Oil and Gas.

Contributing editor is Carlos Albarracín, partner at Milbank, Tweed, Hadley & McCloy LLP.  A PDF  of the article can be downloaded here.

The lead partners of our Insurance and Reinsurance team published an article on the Insurance and Reinsurance sector in Mexico. Yves Hayaux-du-Tilly L and Luciano Pérez participated in Thomson Reuters’ Q&A guide to insurance and reinsurance law in Mexico.

The Q&A gives a high level overview of the market trends and regulatory framework in the insurance and reinsurance market; the definitions for a contract of insurance and a contract of reinsurance; the regulation of insurance and reinsurance contracts; the forms of corporate organisation an insurer can take; and the regulation of insurers and reinsurers, including regulation of the transfer of risk. It also covers: operating restrictions for insurance and reinsurance entities; reinsurance monitoring and disclosure requirements; content requirements for policies and implied terms; insurance and reinsurance claims; remedies; insolvency of insurance and reinsurance providers; taxation; dispute resolution; and proposals for reform. Finally, it provides websites and brief details for the main insurance/reinsurance trade organisations in Mexico.

To compare answers across multiple jurisdictions, you can visit Thomson Reuters’ Insurance and Reinsurance Country Q&A tool.

Partners Javier Arreola and Vanessa Franyuti wrote the Mexican chapter of the sixth edition of The Government Procurement Review.

They gave an update on the legal framework governing how the Mexican government and state-owned enterprises acquire goods, services, contract public works or otherwise partner with the private sector has undergone considerable amendments and additions in recent years to improve procurement practices and processes, combat corruption and bid rigging, and to introduce new mechanisms facilitating the implementation of projects in conjunction with the private sector.

The entire publication can be downloaded here.