C&R has extensive experience in administrative matters and governmental procedures. We regularly advise clients in the analysis and preparation of administrative contracts; assistance in bidding processes; Public-Private Participation Projects (PPP/PPS); in obtaining concessions, licenses, authorizations and permits before governmental agencies, as well as several compliance issues deriving from recent structural reforms enacted by the Mexican government. The legal team of C&R is highly skilled in the special laws regulating industries, including aviation, telecommunications, infrastructure, energy, oil and gas, automotive, health-care and pharmaceuticals, food and beverages and consumer products. Our expertise also comprises pre-merger or pre-acquisition notifications to governmental regulatory entities, such as those involving antitrust and regulated activities with foreign investment.
C&R has extensive experience in Antitrust and Competition Practice advising clients on all matters including authorization procedures and notification of merger control, antitrust per-se and rule of reason monopolistic activities and several types of proceedings before the competition authorities.
C&R has experience advising clients engaged in the aviation industry specialized in commercial and private aviation, manufacture and maintenance of aircrafts and its components, airports law, among others. The experience of C&R in aviation law includes the drafting and negotiation of lease, acquisition and financing of aircrafts, recovery of goods, aircraft registration, obtain and fulfillment of obligations by concessions and permit holders, just to name a few. C&R’s Aviation Law section has been recognized by Chambers & Partners and Who’s Who Legal for several years.
Through C&R’s members and “Of Counsels”, and the development of their professional and academic activities, C&R follows closely the modifications to aviation legal framework, as well as the relevant projects in the subject-matter, such as the construction of the new international airport in Mexico City (NAICM). C&R is currently advising the National Chamber of Air transports (CANAERO) in analyzing the effects to the Mexican aviation industry of the new bilateral services agreement concluded between Mexico and USA. Also C&R is participating in a major acquisition of aircrafts representing the seller and aircraft depositary of the aircrafts. C&R is considered as a top law firm in Aviation Law in Mexico recognized by its deep knowledge of the industry and legislation. C&R and its members are recurrent speakers in seminars or conferences organized by national and international institutions such as ICAO, Mexican Bar Association (BMA), International Association of Young Lawyers (AIJA) and law schools.
C&R has a premier corporate practice advising domestic and foreign clients in a wide range of transactions, investments and ventures. Our expertise ranges from due diligence investigations, M&A, split-off, dissolution and liquidation of entities, divestitures, strategic alliances, (joint ventures) incorporation of new or special investment vehicles for project finance transaction or start-ups, restructuring and stock and asset transactions, shareholders agreements, just to mention a few. In addition to handling the day to day corporate matters of corporations, we have experience in designing and negotiating diverse business arrangements, minority protection rights schemes and other legal implications involved in completing specific transactions.
C&R’s energy law practice focuses on representing Mexican and foreign clients in the gas, oil and electricity sectors. C&R services in this area include advising to governmental entities, investors, operators and financial institutions in connection with public and private bids to obtain permits and concessions, process to obtain concessions and other licenses, oil and gas exploration, extraction and development projects, all regulatory related matters and power generation projects.
C&R’s practice includes registration, opposition, cancellation, general counseling, due diligence analysis and protection of any IP rights. Our expertise also includes license and franchise agreements, infringement-challenging studies and interference with trademarks, trade names, copyright, industrial secrets, Internet/domain names and other IP rights. We also assist clients in obtaining world-class service and assistance in the registry and protection of their IP rights in foreign countries.
We represent clients on a wide range of matters involving labor and employment issues. We have considerable experience drafting and negotiating employment contracts, representing national or foreign employers, including expatriates and senior executives, in order to protect and regulate the confidentiality, non-competition, labor benefits, and other items of relevance or concern of multinational companies.
C&R’s objective has always been to provide preventive advice to clients and minimize their exposure to litigation. We also counsel clients on appropriate structures, depending on their needs and business plans for operating in Mexico, including negotiation and drafting of collective bargaining agreements with unions.
C&R has experience in representing both lenders and borrowers in financial transactions for project finance. C&R is specialized in cross-border transactions, international financings and secure transactions. We have ample experience in all types of financing transactions, from letter of intent to syndicate loans, secured and unsecured transactions, collateral packages and financial leases. C&R’s experience in this area includes the financing of investments in telecommunications, real estate, infrastructure, acquisition of equipment and other specialized industries.
C&R also has experience in representing consortiums, developers, and financial institutions in connection with project finance transactions in the areas of gas, electricity and infrastructure, among others.
C&R advises on all legal aspects of acquiring, selling, constructing and financing of commercial, industrial and residential real estate projects. Our Firm’s expertise in this area also comprises the setting up of real estate trusts agreements, drafting and negotiation of lease agreements for commercial or industrial purposes, incorporation and regularization of condominium ownerships, as well as tourist projects. The legal services provided by C&R in real estate law include the design and organization of legal structures for the operation and management of real estate, including real estate located in the “restricted zone” and the obtaining of the corresponding licenses and permits.
The practice of C&R in Telecommunications includes regulatory advice on behalf of foreign and Mexican companies providing telecommunication services such as telephone, trunking, GPS and value-added services. The areas in which C&R has extensive experience comprise government contracting procedures, obtaining and compliance of concessions and permit obligations, regularization of telecommunications sites and its components, drafting, negotiating and registration of agreements before the corresponding authorities, and in general all telecommunications procedures.
With the purpose of modernizing the energy sector in Mexico, without privatizing the State-owned companies dedicated to the production and profit of hydrocarbons and electricity, at the end of the year 2013, the Mexican government set forth the basis of the energy reform by amending the Federal Constitution in this subject-matter. In accordance with such amendment, on August 11, 2014, were published in the Federal Official Gazette: i) the Hydrocarbons Law, ii) the Electric Industry Law, iii) the Geothermic Energy Law, iv) the Law of the Coordinate Controlling Agencies in the Energy Sector, v) the Petroleos Mexicanos Law, vi) the Federal Electricity Commission Law, vii) the Hydrocarbon Income Law, viii) the Law for the National Agency of Industrial Safety and Environmental Protection of the Hydrocarbon Sector and ix) other amendments to various laws, e.g. the Foreign Investment Law.
The aforementioned published laws establish the terms in which the private sector, whether domestic or foreign, may perform energy related activities and investments, which were beforehand prohibited. Such participation will be defined through the “Rounds” as commented below, being Rounds One and 0.5 the opportunities for private participation in the energy sector.
Round Cero. The majority of the proven reservoirs were assigned to Pemex for its exploitation.
Round One. Pemex and the private companies, including foreign companies, may compete in tenders corresponding to this round, which has already initiated.
The Ministry of Energy estimates to assign to the private sector 169 areas which include profound waters, non-conventional resources, shallow waters, heavy oils, Chicontepec and land reservoirs for hydrocarbon production and exploration in Mexico.The aforementioned areas represent an estimate of 3,782 million crude oil barrels.
It is expected that in November 2014 the draft of the terms for the public tenders will be published. It is also estimated that the final terms for the tenders will be released in February-April 2015.
Round 0.5. Pemex will announce the sectors in which it will associate with third parties to increase its production. These projects include mature fields (land and marine), extra heavy crude reservoirs, gas development and profound waters.
As mentioned, the Energy Reform represents an opportunity for private investment, whether domestic or foreign, in various hydrocarbon exploration and exploitation activities.
Chacón & Rodríguez, S.C., was selected as winner of the 2014 M&A Awards as Mexico’s Aviation Law Firm of the Year by Acquisition International.
The 2014 M&A Awards are sponsored by Al Global Media, Acquisition International Magazine and DealFlow Source.
The winners of the 2014 M&A Awards are determined by three factors: (i) the number of votes received; (ii) in-house research; and (iii) supporting documents provided by nominees. To read the Press Release issued by Acquisition International Magazine and the details of the methodology used click here.
Chacón & Rodríguez / Yingke Mexico participated in the 3rd Sino-Foreign Economic and Trade Projects Exchange Conference held last December 14th, 2012, in Beijing, China. This conference was hosted by China Association of International Trade and supported by the Chinese Ministry of Commerce.