Capital Markets, Banking and Financial Rights
We have extensive experience offering legal advice regarding financial markets. We have participated in debt placement operations and equity instruments, as well as in public offers of purchase in different jurisdictions, acting in conjunction with foreign firms of great repute in these matters.
Our firm is in permanent contact with the Ministry of Finance and Public Credit, the Bank of Mexico, the National Banking and Securities Commission, the Institute for the Protection of Bank Savings and both stock exchanges in Mexico, the Mexican Stock Exchange (BMV) and the Institutional Stock Exchange (BIVA). On occasion, we have participated in the preparation and review of draft laws, regulations and other applicable provisions, including those related to the establishment and operation of the Mexican Derivatives Market (MexDer) and its Clearing House.
Our lawyers are familiar with the provisions applicable to the practice of financial markets in Mexico and have participated in various transactions. They have designed complex and innovative financial schemes according to the needs of our clients.
We advise all types of financial intermediaries and participants in national and international markets, including investment funds, brokerage firms, investment companies, insurance companies along with credit institutions, brokers and agents of derivative instruments.
We actively participate in various operations involving the National Banking and Securities Commission, the Mexican Stock Exchange (BMV), S.D. Indeval, Institution for the Deposit of Securities, as well as the Mexican Derivatives Market (MexDer). Likewise, our firm advises suppliers and consumers on all types of derivative products and instruments, including interest rates, currencies, capital, credit derivatives, reports and securities financing.
We represent issuers, placement intermediaries, rating agencies, agents and fiduciaries in various offerings and other transactions of securities along with other financial instruments in Mexico, the United States and Europe.
Recently, our advice regarding corporate governance practices has been vital in keeping our clients at the forefront of the financial markets. We work withthem to ensure compliance with the legal provisions applicable in Mexico and abroad, especially the Sarbanes-Oxley Act (Sarabenes-Oxley Act) of the United States of America.
Within Mexico, our lawyers are pioneers in asset securitization programs, since we have participated in the design and implementation of such financial schemes. Likewise, we actively work with different rating agencies in analyzing the legal structure of structured financing.
Examples of cases actively involving our attorneys include, but are not limited to:
- Listing and registration of equity and debt instruments on stock exchanges and listing systems in Mexico, the United States and Europe.
- National and international public and private offerings, both initial (IPOs) and public takeover bids (voluntary and forced), including those whose purpose is the delisting of securities.
- Offers under Rule 144A and Rule S.
- American Depositary Receipts (ADRs) programs.
- Privatizations of government entities.
- Global promissory note and medium-term commercial paper programs.
- Swaps and other derivative financial products, such as futures, options, forward contracts and hedge funds.
Our most recent relevant representations include:
Corporación Geo (Geo Corporation)
- Our team acted as an advisor to Corporación Geo (GEO) and fifteen of its subsidiaries in connection to their judicial debt restructuring. This included a public offer to acquire and exchange their debt instruments listed in both Mexico and the United States.
Controladora Comercial Mexicana (Mexican Commercial Controller)
- Our team acted as an advisor to Controladora Comercial Mexicana, (CCM), in connection to the sale of the shares and assets of its former controlling group through a takeover bid issued by Tiendas Soriana (Soriana Stores). Prior to the takeover bid, CCM was part of a franchise that resulted in the creation of a new public company called La Comer, , which retained part of the retail business that was formerly part of CCM.
La Comer
- Our team acted as an advisor to La Comer during its registration process with the Mexican Stock Exchange, (BMV) participating in all related aspects, including the implementation of all the necessary acts to carry out the aforementioned transaction, in accordance with the agreements reached by the parties in due compliance with all applicable laws and regulations.
Inmobiliaria Ruba (Real Estate Ruba)
- Our team acted as legal advisor to Inmobiliaria Ruba, one of the leading housing developers in Mexico, during the preparation and approval of a stock certificate program, as well as during the first issuance under said program.
- Our team acted as external advisor to Inmobiliaria Ruba, in relation to the second issue under a long-term chirographic stock certificates program.
ABC Aerolíneas (ABC Airlines) (Interjet)
- Our team acted as legal advisors to ABC Airlines (Interjet), during the preparation and approval of a fiduciary stock certificate program. We also acted as external legal advisors to Interjet in connection to the first, second, third and fourth issues under such fiduciary stock certificate program.
Grupo Industrial Saltillo (Saltillo Industrial Group)
- Our team advised Grupo Industrial Saltillo (GIS), a Mexican manufacturing company, during a significant issuance of stock certificates in the United States. The operation involved two issues in the Mexican market.
Grupo ProHabitación (ProHabitation Group)
- Our team acted as external legal advisor to Grupo ProHabitación during the private issuance of stock certificates backed by accounts receivable.