Being one of the main areas of practice of the firm, our lawyers have taken all types of commercial transactions covering one or several jurisdictions. We have assisted numerous clients in the planning, negotiation and implementation of mergers, acquisitions, spin-offs, joint-ventures, financing and guarantees, dissolutions and liquidations among other general business transactions. Our experience in this area ranges from multimillion-dollar mergers and acquisitions in different jurisdictions, international joint-ventures and financing agreements with creditors or third-party guarantors residing abroad, to national and local licensing agreements, distribution agreements, structures and assistance to our customers in their routine operations.
Due to the complexity and the broad spectrum of issues that arise in any commercial transaction, our area of commercial transactions is constantly supported by specialists from our various practice areas, such as our corporate law & corporate governance, human resources and social security, administrative law, tax law and, especially securities & finance.
The types of guarantee rights provided for in Mexican legislation and the formalities for their improvement differ substantially from those regulated by the laws of the United States and the United Kingdom. Our team of securities and finance has extensive experience and a full knowledge of the complexity involved in a financial transaction that takes place on a daily basis.
This represents a significant advantage for our clients, since the procedures and requirements vary considerably depending on their jurisdiction, and they depend to a large extent on the nature of the guarantee involved.
In Mexico, except for certain specific cases, extrajudicial acts or resources of self-help are not allowed. A plaintiff requires to proceed judicially in order to be able to enforce a guarantee on real estate or chattels. Such plaintiff must take formal legal actions to recover possession or proceed with an embargo.
The procedural steps to enforce liens before the courts in Mexico depend on the nature of each security right, and whether the debtor is insolvent or continues to operate in a normal manner. Our firm also has experience in this type of procedure.