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International Banking & Finance – Mexico

posted 4 weeks ago

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Mauricio Junquera Fernández

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Junquera Legal: Experience & Expertise in Banking & Finance

Junquera Legal is a Mexican law firm with a solid reputation and international presence. It stands out for its dynamic and modern approach, providing comprehensive legal advice to companies and entities in a wide range of legal areas.

In the banking and financial areas, Junquera Legal is positioned as a reference thanks to:

• Team of experts: It has a team of highly trained lawyers specialised in banking and financial law. Their in-depth knowledge of the regulations and practices of the sector allows them to offer personalised and strategic solutions to their clients.
• Wide range of services: The services they offer in this area include:
     o Advice on banking transactions: From credit and financing structuring to credit risk management.
     o Debt restructuring: Helping companies renegotiate their liabilities and find sustainable financial solutions.
     o Banking disputes: Representing clients in litigation related to financial products, unfair terms and other disputes.
     o Banking compliance: They ensure that their clients comply with applicable banking and financial rules and regulations.
• Comprehensive approach: They offer a comprehensive service that covers all stages of the life cycle of a financial product or service, from its design and structuring to its implementation and dispute resolution.
• In-depth knowledge of the sector: Their lawyers have extensive experience and specialised knowledge of Mexican banking and financial regulation, as well as international best practices.
• Focus on complex transactions: They specialise in providing legal advice on complex financial transactions, such as M&A, debt issuances, infrastructure projects and project finance.
• Dispute resolution: They have a team specialised in resolving disputes related to the financial sector, both through negotiation and litigation.
• Compliance: They advise their clients on compliance with the rules and regulations applicable to the prevention of money laundering, financing of terrorism and protection of personal data.
• Innovation: They keep abreast of the latest trends and developments in the financial sector, which allows them to offer innovative solutions tailored to the needs of their clients.
• International presence: Thanks to its correspondent offices in Mexico and abroad, Junquera Legal is able to advise clients with cross-border operations and in diverse markets.

What distinguishes Junquera Legal in banking and finance?
• Experience: Their track record in the industry allows them to anticipate the challenges and opportunities faced by their clients.
• Strategic relationships: They maintain close relationships with the main financial institutions, regulators and competent authorities, which allows them to offer their clients strategic and personalised advice.
• Preventive approach: In addition to resolving conflicts, they focus on preventing them through proactive advice.
• Adaptability: They keep abreast of regulatory changes and market trends to offer innovative solutions.

In summary, Junquera Legal is a law firm that offers a wide range of services in banking and financial law, with a personalised and results-orientated approach. If you are looking for specialised legal advice in this area, Junquera Legal may be an excellent choice.

Our firm has a track record of more than 35 years providing first-class legal advice to national and international clients. Our solid reputation has been built on a foundation of rigorous academic training, extensive practical experience and an unwavering commitment to excellence.

Training & Experience:
• Multidisciplinary team: Our team is comprised of lawyers highly specialised in various areas of law.
• Excellent academic background: Our lawyers hold degrees from the best national and international universities, which allows us to offer an innovative and updated approach to the most complex legal challenges.
• Practical experience: We have participated in numerous high-impact transactions and litigations, both in Mexico and abroad, which has allowed us to develop a deep understanding of local and global markets.

Professional Affiliations:
• Memberships in prestigious associations: We are active members of leading national and international bar associations.
• Participation in committees and working groups: Our lawyers actively participate in committees, working groups and events of these associations, allowing us to keep abreast of the latest trends and developments in the legal field.

Awards & Recognition:
• Recognition for publications: Our lawyers have published numerous articles and studies in prestigious legal journals, positioning us as benchmarks in our areas of specialisation.
• Awards and distinctions: We have been recognised by various publications and international organisations as one of the leading law firms across numerous national and international rankings.

Outstanding Case Studies:
• We have represented differing clients in complex M&A transactions involving multiple jurisdictions. Our advice allowed us to close the transactions in record time and with highly satisfactory results for our clients.
• We have achieved landmark rulings in several litigations, establishing an important precedent in Mexican jurisprudence.

Client Focus:
Our focus is on providing customised and strategic solutions that meet the specific needs of each client. We are characterised by our proactivity, our commitment to excellence and our ability to build lasting relationships based on trust and transparency.

Vision for the Future:
We continue working to consolidate our position as one of the leading law firms in Mexico and internationally, expanding our presence in new markets and deepening our specialisation in emerging areas of law, as well as maintaining alliances in differing countries and continents.

At Junquera Legal, we are specialists in legal advice in the banking and financial sector in Mexico. Our in-depth knowledge of Mexican regulation, experience in differing branches of law and our practice in cross-border transactions allow us to provide innovative solutions to our domestic and international clients. We stand out for our ability to manage complex transactions in differing banking sectors, which is key to Mexico’s economic development.

 

Our work methodology is based on:

  • Exhaustive analysis: We conduct a detailed analysis of the needs and objectives of each client.
  • Strategy design: We develop customised strategies that minimise risks and maximise opportunities.
  • Implementation: We accompany our clients in the implementation of the designed solutions.
  • Follow-up: We carry out a continuous follow-up to guarantee the fulfillment of objectives and adapt to market changes.

In which areas are we experts?

  • Our areas of banking expertise are the following: Banking & Financial Regulation, Regulatory Compliance, Licensing & Authorisations, Regulatory Supervision, Regulatory Changes, Financial Products & Services, Financial Instruments, Banking Contracts, Investment Products, Structured Finance, Capital Markets, Public Offerings, M&A, Corporate Restructuring, Derivatives Market, Investment Banking, Financial Advisory, Business Valuation, Disputes & Litigation, Banking Litigation, Consumer Claims, Mediation & Arbitration, Real Estate & Finance Law, Real Estate Finance, Mortgages, Real Estate Leasing, Financial Technologies (FinTech), FinTech Regulations, Smart Contracts, Cryptoassets, Cryptocurrencies, Private Banking & Wealth Management, Estate Planning, Probate, Foundations & Trusts. 

Why choose us?

By relying on Junquera Legal, our clients obtain:

  • Legal certainty: We guarantee that all our actions comply with current legislation.
  • Confidentiality: We treat all our clients’ information with the utmost confidentiality.
  • Efficiency: We work efficiently to achieve results within the established deadlines.
  • Results: Our goal is always to exceed our clients’ expectations.

If you are looking for a trusted legal adviser in the banking and financial sector, do not hesitate to contact us.

As a law firm, our clientele is as diverse as the legal needs that arise in today’s dynamic business and financial world. However, we can identify some recurring profiles that characterise our typical clients:

  • National and international companies: From small and medium-sized companies to large multinational corporations, which require comprehensive legal advice in their daily operations and strategic projects.
  • Financial institutions: Banks, insurance companies, investment funds and other financial entities that need legal support in the structuring of financial products, regulatory compliance and dispute resolution.
  • Investors: Both individual and institutional investors seeking advice on investments, M&A and estate planning.
  • Entrepreneurs: Startups and emerging companies that require legal support in the creation and development of their businesses, including IP protection and obtaining financing.
  • Technology startups: Companies in the technology sector that need advice on such issues as data protection, smart contracts and cryptocurrency regulation. 

What do our clients look for in us?

  • Experience and expertise: Our clients value our deep experience in banking and finance law, as well as our ability to provide customised solutions to their specific needs.
  • Proactive approach: We seek to anticipate the legal challenges our clients may face and provide strategic advice to protect their interests.
  • Long-term relationships: We build strong and lasting relationships with our clients, based on trust and transparency.
  • Service excellence: We are committed to providing high quality, efficient and personalised service.
  • Global vision: Our international presence allows us to advise our clients in cross-border transactions and emerging markets.

What sets us apart?

  • Multidisciplinary team: We have a team of lawyers highly specialised in various areas of law, which allows us to offer comprehensive and coordinated advice.
  • Client focus: We put the client at the centre of everything we do, listening to their needs and working closely with them to achieve their goals.
  • Technology: We use the latest technologies to optimise our processes and improve the efficiency of our services.
  • Innovation: We are always at the forefront of legal and technological changes, which allows us to offer innovative solutions tailored to our clients’ needs.

In short, our clients are companies and individuals who are looking for a reliable partner to accompany them in their projects and legal challenges. We distinguish ourselves by our expertise, our personalised approach and our ability to provide innovative and effective solutions.

Main Problems & Complexities:

  • Constantly evolving regulation: The financial sector is subject to dynamic and constantly changing regulation, both nationally and internationally. This requires constant updates by our lawyers to ensure that our clients receive accurate and up-to-date advice.
  • Complexity of transactions: Financial transactions are often highly complex and involve multiple jurisdictions, differing types of financial instruments and a large number of stakeholders. This requires a multidisciplinary approach, as well as close coordination between separate legal teams.
  • Technologisation of the financial sector: The increasing adoption of financial technologies (FinTech) poses new legal and regulatory challenges. It is essential to keep abreast of these innovations in order to be able to advise our clients effectively.
  • Confidentiality and data protection: Protecting our clients’ confidential information is a top priority. Ensuring compliance with data protection regulations is a constant challenge.
  • Risk management: Financial transactions inherently carry a certain level of risk. It is essential to identify and mitigate these risks to protect our clients’ interests.

How we help overcome them:

  • Multidisciplinary team: We have a team of lawyers specialised in differing areas of banking and financial law, which allows us to address the complexities of transactions in a comprehensive manner.
  • Continuous training: We invest in the continuous training of our lawyers to ensure that they are up to date with the latest trends and developments in the sector.
  • Technology: We use advanced technological tools to manage information efficiently and securely, and to stay connected with our clients around the world.
  • Strategic relationships: We maintain close relationships with regulatory authorities, financial institutions and other stakeholders, allowing us to stay abreast of regulatory changes and anticipate challenges.
  • Proactive approach: We take a proactive approach, anticipating potential problems and providing customised solutions to our clients.
  • Professional ethics: We strictly comply with professional codes of ethics and confidentiality standards, ensuring the protection of our clients’ interests.

Ultimately, our goal is to provide our clients with legal advice of the highest quality, enabling them to make informed decisions and achieve their business objectives.

As a law firm, we are pleased to share some of our most notable achievements of the past year:

  • Expansion of our practice: We have significantly expanded our market presence, serving a growing number of domestic and international clients. This expansion has been driven by our ability to provide innovative and customised solutions to our clients’ needs.
  • Consolidation of our position in key sectors: We have deepened our expertise in strategic sectors, such as technology, energy and finance, which has allowed us to consolidate our position as a benchmark for legal advice in these industries.
  • Market recognition: We have been recognised by prestigious legal publications and international organisations as one of the best law firms. These recognitions reflect our commitment to excellence and the quality of our services.
  • Participation in high-impact transactions: We have advised our clients in numerous large transactions, such as M&A, debt issuances and infrastructure projects, which has contributed to strengthening our reputation in the market.
  • Developing new practice areas: We have expanded our service offering, incorporating new practice areas, such as technology law and data protection, enabling us to respond to our clients’ changing needs.
  • Strengthening our client relationships: We have consolidated our relationships with our existing clients and established new strategic alliances, demonstrating our ability to build lasting relationships based on trust and collaboration. 

These achievements have had a positive impact on our market position:

  • Increased visibility: Our growing reputation and market successes have brought us greater visibility and recognition in the legal sector.
  • Attraction of new clients: Our ability to offer innovative and customised solutions has attracted new high-profile clients.
  • Consolidation of our team: We have attracted talented lawyers and professionals who share our vision and values, which has allowed us to strengthen our team and improve our ability to serve our clients’ needs.
  • Positioning as opinion leaders: Our participation in industry events and our publications in legal journals have positioned us as opinion leaders in the field of banking and finance law. 

We are convinced that these achievements are the result of our commitment to excellence, our ability to adapt to a changing environment and our dedication to our clients.

Below are some of the main challenges we have faced and how we have addressed them:
• Adapting to telework and new forms of collaboration: The pandemic accelerated the need to adopt new ways of working, such as telecommuting and virtual meetings. We have invested in technology and collaboration tools to ensure the continuity of our services and maintain fluid communication with our customers.
• Managing uncertainty: Market volatility and regulatory uncertainty have demanded greater agility and responsiveness on our part. We have developed protocols to closely monitor changes in the legal and economic environment, and have adapted our strategies to provide our clients with proactive and timely advice.
• Prioritising health and safety: The health and well-being of our employees has been our top priority. We have implemented safety measures in our offices and have encouraged telecommuting whenever possible.
• Workload management: The crisis has generated increased demand for legal services in certain areas, such as financial restructuring and dispute resolution. We have optimised our internal processes and hired additional staff to cope with this increased workload.
• Supporting our clients: Many of our customers have faced significant challenges as a result of the crisis. We have worked closely with them to find customised solutions to help them overcome these difficulties.

To overcome these challenges, we have taken the following measures:
• Investing in technology: We have invested in technological tools that enable us to work more efficiently and collaboratively, regardless of geographic location.
• Strengthening customer relationships: We have maintained constant communication with our clients to better understand their needs and expectations.
• Developing new practice areas: We have identified new business opportunities and expanded our service offerings to adapt to changing market needs.
• Fostering a culture of innovation: We have fostered a culture of innovation within our firm, which has enabled us to develop new solutions and adapt quickly to change.
• Adapting our business models: We have reviewed our business models to ensure their long-term sustainability and our ability to meet future challenges.

We are convinced that these challenges have enabled us to grow and strengthen our market position. We have demonstrated our ability to adapt to changing environments and provide innovative solutions to our customers.

Impact on our workload:

  • Increased demand for legal advice: The need to renegotiate contracts, restructure transactions and address commercial disputes has generated a notable increase in demand for our services.
  • New areas of specialisation: We have seen growth in such areas as customs law, international trade and international dispute resolution, as our clients seek solutions to navigate this new global environment.
  • Increased complexity of issues: Disruptions in supply chains have resulted in more complex legal situations, requiring in-depth analysis and customised solutions.
  • Increased litigation: Commercial disputes related to breach of contract, damages and force majeure have become more frequent.

Effects observed in capital markets:

  • Increased volatility: Uncertainties generated by global disruptions have increased volatility in financial markets, impacting our clients’ investment and financing decisions.
  • Increased credit risk: Companies with supply chains highly exposed to disruptions have faced increased credit risk, which has made access to financing more difficult.
  • Restructuring and bankruptcy: The inability to meet financial obligations has led to an increase in corporate restructurings and insolvency proceedings.
  • New investment opportunities: Despite the challenges, we have also seen new investment opportunities in sectors that have benefited from the current situation, such as technology, healthcare and sustainability.

How have we adapted to these changes?

  • Strengthening our teams: We have invested in hiring specialised lawyers in such areas as international trade, customs and dispute resolution.
  • Developing new tools and technologies: We have adopted technological tools to improve our efficiency and responsiveness, facilitating remote collaboration and access to global information.
  • Adapting our services: We have expanded our range of services to address new customer needs, such as supply chain resilience consulting and risk management.
  • Establishing international networks: We have strengthened our relationships with law firms in other countries to provide our clients with global and coordinated advice.

In short, global disruptions have transformed the business and financial landscape, creating new challenges and opportunities for our firm. By adapting to this new environment and offering innovative solutions to our clients, we have been able to consolidate our position in the market.

We believe FinTech has the potential to radically transform the banking and finance landscape in the following ways:

  • Increased financial inclusion: FinTechs are facilitating access to financial services for traditionally underserved populations, such as the unbanked and small businesses, through their more agile and less bureaucratic business models.
  • Personalisation of services: By leveraging large amounts of data, FinTechs can offer highly customised financial products and services tailored to the specific needs of each customer.
  • Cost reduction: FinTech business models, based on technology and automation, enable significant reductions in operating costs, resulting in more competitive rates for consumers.
  • New business models: FinTechs are developing new business models that challenge traditional banks, such as crowdfunding, peer-to-peer lending and mobile payments.
  • Increased efficiency: Technologies used by FinTechs, such as blockchain and AI, make it possible to automate processes and improve operational efficiency.
  • Greater transparency: FinTechs promote greater transparency in financial transactions, thanks to the use of such technologies as blockchain. 

However, we also identify some challenges and risks associated with the growth of FinTechs:

  • Cyber risks: By handling large amounts of sensitive data, FinTechs face increased cyber risks.
  • Regulation: The rapid evolution of FinTech poses significant regulatory challenges, as existing regulations may not be sufficient to cover all new business models.
  • Consumer protection: Ensuring that consumers are protected from abusive practices and have access to effective dispute resolution mechanisms is critical.

In conclusion, FinTech is driving a profound transformation in the financial sector, offering new opportunities and posing new challenges. We believe that collaboration between traditional banks and FinTech will be key to building a more innovative, inclusive and efficient financial system. As a law firm, we are committed to helping our clients navigate this new environment and take advantage of the opportunities offered by the FinTech revolution.

Our firm has extensive experience in the international arena, which gives us a significant competitive advantage. We have advised clients on a wide range of transactions and projects globally, which has allowed us to develop a deep understanding of the laws, regulations and business practices of various countries. This experience allows us to offer our clients customised and efficient legal solutions, reducing risks and maximising opportunities in an increasingly globalised business environment.

 

Our international network of contacts and our ability to manage complex projects allow us to provide our clients with a comprehensive and high quality service. From negotiating contracts to resolving cross-border disputes, our lawyers are equipped to meet the most complex legal challenges anywhere in the world. In addition, our cultural adaptability allows us to work effectively with clients and partners from differing backgrounds and perspectives.

Our country has proved to be a solid destination for FDI, thanks to several factors, among which the following stand out:

  • Free trade agreements: The extensive network of trade agreements that Mexico has signed with various countries has facilitated access to new markets, and has generated a more favourable business environment.
  • Strategic geographic location: Our geographic position, which gives us access to North American & Latin American markets, makes us an attractive logistics and manufacturing hub.
  • Labour costs: Although this factor has varied over time, Mexico continues to offer skilled labour at competitive costs compared to other countries.
  • Structural reforms: The reforms implemented in recent years, in such areas as energy, telecoms and finance, have generated new investment opportunities.

Regarding the interest of foreign financiers in local companies, we have observed a significant increase in recent years. This interest has focused mainly on such sectors as: 

  • Renewable energy: The transition to a more sustainable economy has boosted investment in renewable energy projects, such as solar and wind.
  • Infrastructure: Infrastructure projects, such as the construction of roads, ports and airports, have attracted strong interest from foreign investors.
  • IT: The Mexican technology sector has experienced exponential growth, generating investment opportunities in startups and established companies.
  • Manufacturing: Despite global challenges, the manufacturing sector remains attractive for foreign investment, especially in such industries as automotive and aerospace.

Foreign financiers have shown particular interest in:

  • M&A: The consolidation of companies in strategic sectors has generated numerous investment opportunities.
  • Venture capital: Mexican startups have increasingly received venture capital investment, especially in such sectors as FinTech and e-commerce.
  • Infrastructure projects: Large-scale infrastructure projects have attracted financing from multilateral development banks and investment funds.

However, it is important to mention that the investment landscape has evolved and presents new challenges:

  • Political and economic uncertainty: Changes in the political and economic environment can generate volatility in the markets and affect investment decisions.
  • Competition from other countries: Mexico faces increasing competition from other emerging countries for foreign investment.
  • Regulation: The constantly evolving regulatory framework may generate uncertainty for investors.

In conclusion, Mexico remains an attractive destination for foreign investment, but it is essential that the country continues to implement public policies that promote investment, innovation and economic growth.

As a law firm, ensuring well-informed advice to clients based in other jurisdictions or operating abroad is a top priority. To this end, we implement a series of strategies and rely on specialised resources that allow us to offer a high-quality service tailored to the specific needs of each client.

 

The following are some of the actions we take:

  • International collaboration networks: We have established strong relationships with law firms in various jurisdictions, which allows us to have local experts with in-depth knowledge of the legal and cultural particularities of each market. This network makes it easier for us to coordinate cross-border projects and obtain specialised advice in real time.
  • Exhaustive research: Before starting any project, we conduct a thorough investigation of the applicable legal framework in the jurisdiction in question, taking into account the latest legislative and jurisprudential updates. This allows us to identify potential risks and design sound legal strategies.
  • Cultural adaptation: We are aware of the importance of cultural adaptation in international legal advice. Our lawyers are trained to work with clients from differing cultures and understand the particularities of each market.
  • Use of technology: We use advanced technological tools to facilitate communication and collaboration with our international clients and partners. Video-conferencing platforms, cloud-based document management and translation systems allow us to work efficiently and securely.
  • Continuous monitoring of the legal environment: Keeping abreast of changes in the international legal environment is essential to provide timely and accurate advice. We subscribe to specialised publications, participate in international seminars and congresses, and maintain constant communication with our partners abroad.
  • Risk management: We identify and assess the legal and commercial risks associated with our clients’ international operations, and design strategies to mitigate them.

By combining these elements, we ensure that our clients receive comprehensive legal advice tailored to their specific needs, regardless of their geographic location.

Our main objectives are as follows:

  • Market consolidation: We seek to strengthen our position in the current market, deepening our relationships with existing clients and expanding our portfolio of services.
  • Strategic expansion: We will evaluate opportunities to expand our geographic or sectorial presence, as long as they are aligned with our overall strategy and allow us to offer added value to our clients.
  • Technological innovation: We will invest in new technologies and digital tools that allow us to optimise our internal processes, improve efficiency and offer a more personalised service to our customers.
  • Talent development: We will encourage the professional development of our team through continuous training programmes and growth opportunities within the firm.
  • Social responsibility: We are committed to contributing to the development of our community and promoting sustainable business practices. 

In terms of changes in the way we work, we are exploring the following possibilities:

  • Work flexibility: We will implement more flexible work policies that allow our lawyers and collaborators to reconcile their personal and professional lives.
  • Remote collaboration: We will explore the possibility of working remotely to a greater extent, taking advantage of information and communication technologies whenever possible.
  • Agile methodologies: We will adopt more agile and collaborative work methodologies to improve the efficiency and quality of our services.

We believe that these objectives will allow us to adapt to the constant changes in the legal environment and continue to be a benchmark in the sector.

Mexican authorities have recently implemented several reforms to the regulatory framework of the financial sector. These modifications are aimed at modernising the financial system, protecting consumers and promoting competition. Below is a summary of the main reforms and their implications:

 

Securities Market Law & Investment Funds Law

  • Simplification of securities registration: The aim is to facilitate the access of small and medium-sized companies to the securities market.
  • Introduction of hedge funds: A specific regulatory framework is created for these financial instruments.
  • Elimination of requirements for SAPIB: The obligation for Stock Exchange Investment Promotion Corporations to transform into Stock Exchange Corporations is eliminated.
  • Implications: These reforms may generate new investment and financing opportunities, which in turn may demand new legal services.

 Credit Institutions Law

  • Protection of personal data: Credit institutions are prohibited from requesting access to private information in digital devices, except to comply with legal obligations.
  • Criminal penalties: Criminal penalties are established for those who impersonate financial intermediaries without authorisation.
  • Implications: These amendments require greater attention to personal data protection and fraud prevention.

Provisions of the National Banking & Securities Commission (CNBV)

  • Adjustment to large exposures: Provisions related to exposures to sovereigns and their central banks have been modified.
  • Implications: These modifications may affect the risk management of banking institutions.

Regulation of Derivative Transactions

  • Modifications to regulation: Banco de México has adjusted the regulation applicable to risk management in derivative transactions.
  • Implications: Financial institutions must adapt their risk management practices to these new provisions.

Law to Regulate Financial Technology Institutions (FinTech)

  • Ongoing Impact: Although not a recent reform, this law is still relevant, and its implementation may generate significant changes in the financial sector.
  • Implications: It is required to keep updated on regulatory developments in the FinTech sector in order to provide adequate advice.

Implications for Law Firms

These reforms imply a series of challenges and opportunities for law firms:

  • Constant updating: It is essential to keep abreast of new regulations and their implications.
  • Specialised advice: It is necessary to provide specialised advice to clients on regulatory compliance, data protection, risk management and new business opportunities.
  • Development of new practice areas: The reforms may generate new practice areas, such as advising on FinTech or in the structuring of investment funds.

In summary, the Mexican financial sector is constantly evolving, which requires lawyers to continuously adapt and be proactive in identifying new business opportunities.

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