The corporate area seeks to provide comprehensive service to our clients, offering counsel in the incorporation of companies and corporate updates, corporate transformations, mergers, acquisitions, spin-offs, dissolution and liquidation.
We provide outstanding commercial law consulting services, as well as preparation of all types of commercial contracts with the involvement of corporate and litigation attorneys to ensure the validity of those contracts will be affirmed before a judge or arbitrator.
The firm has specialists versed in all aspects of the Mexican Financial System, able to issue opinions on all topics in this field of law, and to prepare the legal instruments necessary for carrying out financial transactions, most importantly, documents relating to: a) Passive debt transactions, b) Active debt transactions and their respective guarantees, including trusts, and c) Service transactions, including the implementation of structured transactions and derivatives.
The firm is Mexico’s most specialized with respect to Multiple Purpose Financial Institutions [Sociedades Financieras de Objeto Múltiple (SOFOMs)]. The firm expertly handles legislative clarifications issued by the Ministry of Finance and Public Credit of Mexico, the National Banking and Securities Commission, the National Consumer Financial Protection Commission, the Central Bank of Mexico and the Attorney General’s Consumer Protection Office. The firm offers the necessary legal counsel regarding the recent financial reform, as well as in matters relating to various commercial law reforms, commercial corporations and in commercial corporation matters and the Public Record of Assets in Guaranty (RUG).
The firm’s attorneys have presented in several forums, on topics including: Multiple Purpose Financial Institutions (SOFOMs), Investment Promotion Companies, the Mexican Financial System, including the legal aspects of Financial Leasing, Operating Leasing, Factoring and Loans, comparative Latin American Financial Law, Anti-Money Laundering and Anti-Terrorism Financing, Trusts, Government Credits, Fraud Prevention, RUG, Antibribery, the Fintech law, etc.
The Tax Advisory services offered by our Firm include:
1. Tax consulting services: Tax advice focused on financial sector and market, and in any type of commercial and industrial transactions; Tax planning ; National and international corporate restructurings; Application of Double Taxation Conventions; Tax advice for infrastructure projects and, for real estate projects; Tax advice on the start-up of operations within the country; Estate planning; Due Diligence on legal-tax matters.
2. Tax representation in front of the authority.
3. Administrative procedures in front of PRODECON.
The firm has specialists in the analysis and interpretation of administrative law as it applies to our clients’ individual cases. Additionally, the adequate management of queries and applications before various Federal Ministries, in particular the Ministry of Finance and Public Credit, including the National Banking and Securities Commission and the National Consumer Financial Protection Commission, Environment and Natural Resources, Foreign Affairs, Communication and Transports, and the Ministry of Economy.
REAL ESTATE LAW
The firm has specialist in real state matters, including applications before administrative authorities, counsel and implementation of the proper documentation for the acquisition and sale of properties, for the construction and development of properties, legal structuring of investment in real state, including trusts and placement of debts in the stock market.
COMMERCIAL, TAX AND ADMINISTRATIVE LITIGATION
The law firm VALENCIA DEL TORO & PROFESSIONALS, S.C., provides legal services relating to the resolution of litigated disputes to its clients in coordination and association with the law firm SPECIALIZED LEGAL CONSULTING, S.C.
In this area we offer client counsel and representation in coordination with other law firms, for all types of commercial proceedings. Special attention is given to the judicial collection of credits or loans, in addition to our extrajudicial debt collection efforts. The firm has vast experience in several areas of credit collection, including: unsecured loans, mortgage or pledge guaranteed loans, working capital loans and fixed asset loans, factoring, operating and financial leases, trusts, etc.
We also represent our clients, in tax and administrative, local and federal proceedings, before the Federal District Administrative Court, the Federal Tax and Administrative Justice Court, etc.
The firm is autorized by BANOBRAS in Infraestructure Proyects. The firm is highly specialized in the execution of Infrastructure projects, including the construction of hospitals, roads, schools, prisons, government buildings, parking lots, water treatment plants, and sanitary landfills (exploitation and compilation of carbon credits; waste transport and deposit).
VALENCIA DEL TORO & PROFESSIONALS, S.C. has the experience necessary for execution of Mexican Stock Market debt issuance. Additionally, the firm provides expert legal opinions relating to public placement in the Mexican Stock Market of securities, debt and capital, drafting opinions in house, as well as in coordination and association with the law firm Specialized Legal Consulting S.C.
The firm has wide experience in carrying out diverse corporate and operational legal audits, such as company acquisition audits (Due Diligence). Additionally, the firm is specialized in the performance of contract and loan file audits, as well as Anti-Money Laundering and Personal Data Protection audits.
PERSONAL DATA PROTECTION
The firm has specialized in the analysis and interpretation of the Federal Law for Protection of Personal Data in Possession of Individuals and the Regulations thereto, allowing us to provide counsel to our clients regarding this new legal area in Mexico, whether in the implementation of privacy policies and attainment of consent, or in the legal and operational verification, in coordination with other consulting firms, of the creation of policies for the protection of personal data in physical and electronic archives and compliance therewith.
VALENCIA DEL TORO & PROFESSIONALS, S.C. is highly specialized in this area, providing counseling to our clients in the implementation of identification policies, user and client awareness, operations reports, and, of course, in the interpretation of related legislation, including the Federal Law for the Prevention and Identification of Resources and Operations of Illicit Provenance, and the Ministry of Finance and Public Credit General Rules concerning this area. Of particular importance is our client counsel relating to compliance with National Banking and Securities Commission, Financial Intelligence Unit and Tax Administration Service filing requirements. This legal firm has 4 employees certified by the National Banking Commission and with 2 attorneys certificated by the Association of Certified Anti-Money Laundering Specialists (ACAMS).
The firm places special emphasis on the development and implementation of Corporate Governance by means of proper integration of administrative and oversight bodies, as well as of committees necessary for proper corporate functioning, while maintaining decision-making agility.
ANTI-CORRUPTION AND FRAUD PREVENTION
The firm provides counsel to assisting clients with the elaboration and implementation of anti-corruption programs and policies, to prevent and combat corruption. Besides, provides counsel to its clients in internal and external fraud prevention for the safeguarding of its economic well-being. Additionally, the firm advises on the preparation of codes of ethics and behavior and anticorruption guidances.