Information regarding the increase in the overnight interbank interest rate.

The purpose of this informative note is to inform our clients about the increase in borrowing costs to a record high of 10% (ten percent), as announced by the Governing Board of the Mexican Central Bank (Junta de Gobierno del Banco de México) on November 10th, 2022, aimed at maintaining the pace with the US Federal Reserve’s most aggressive tightening campaign in years, as the United States is Mexico’s main export market.

Background

Currently, economies all around the world have been struggling due to various situations that have been occurring lately, with a particular focus on the geopolitical conflict and on the COVID-19 global pandemic; two (2) of the most significant events that have contributed to the Mexican Central Bank (Banco de México) increasing the target for the overnight interbank interest rate by 75 (seventy-five) basis points to 10% (ten percent), effective November 11th, 2022.
In addition, a vast number of central banks globally have continued to raise their reference rates, which are expected to remain at high levels, such as the Federal Reserve raising the target range for federal funds by 75 (seventy-five) basis points for a fourth consecutive time.

An important factor to keep in mind is that the Mexican Central Bank (Banco de México) often takes into consideration the actions of its US counterpart when deciding to raise its own monetary policy rates, ever since diminishing the gap between the American and Mexican governments’ rates may lead to destabilizing outflows of its own capital.

According to the Mexican Central Bank (Banco de México) inflation is still projected to reach a 3% (three percent) target in the third quarter of 2024 (projections subject to risk).

Key factors in raising the target for the overnight interbank interest rate:

In this regard, key global risks directly affecting the Mexican Central Bank’s (Banco de Mexico) monetary policy include:

a) COVID-19 global pandemic.

b) Persistence of inflationary pressures.

c) Intensification of geopolitical turmoil.

d) Tight monetary and financial conditions.

On the upside, the Mexican Peso’s recent appreciation is one positive sign for Mexico’s economy, with the Mexican Central Bank (Banco de México) highlighting its “greater resilience compared to that of other currencies”.

Authors:

Gerardo Gallego Díaz de Leon (Partner) and Patrick Seaver Stockdale Carrillo (Senior Associate).

Crowdfunding for Real Estate Projects

We are pleased to share our recent contribution to the third edition of “Revista Industria Legal”.

Rodrigo de los Rios published on the topic of Crowdfunding for project financing, which has emerged as an innovative model and a viable alternative to finance real estate projects.

The full article is available here (available in Spanish only).

Monetizing Victory: Enforcement of Judgments in the United States

As one of the world’s leading commercial centers, where many foreign businesses maintain significant assets, the state of New York is a frequent forum for the recognition and enforcement of judgments rendered by courts outside the United States. At the same time, the legal and procedural aspects of judgment recognition in the U.S. generally, and in New York in particular, may be unfamiliar and perhaps counter-intuitive to many non-U.S. lawyers and business persons. This article provides an introduction that we hope will provide context and clarity for those interested in this critical phase of the litigation process.

The following article is based on a webinar recently presented by Juan Miguel Martínez Mendieta of the Mexico City law firm of Ibarra del Paso y Gallego and Jeffrey Greilsheimer and Eric Lindquist of the New York law firm of Fox Horan & Camerini LLP.

The article can be downloaded here

Ibarra, del Paso y Gallego contributes to the 6th edition of The Real Estate M&A and Private Equity Review

For real estate investment trusts (REITs), the covid-19 pandemic has been a tale of two cities, of boom and bust, with the seismic changes in the world leading to strength in some sectors of commercial real estate and huge market dislocations and disruptions in others.

In general, companies with assets that service the digital economy – cell towers, logistics and industrial properties, and data centres – benefited from the pandemic’s acceleration of the digital economy. However, several traditional sectors continued to confront difficult issues involving liquidity, rent collection, dividend payouts, disclosure and guidance, as well as navigating the uncertain and sometimes shifting guidance from regulatory authorities regarding the timeline of reopening.

This global picture holds true in Mexico as well, where real estate M&A and real estate private equity (PE) investment operations have been uncertain for many of the parties involved.

In this sixth edition of the Law Review’s Real Estate M&A and Private Equity Review, Carlos Ibarra, Rodrigo De los Ríos and Alejandra Gutiérrez provide an updated overview of the market and recent transactions, offer a detailed picture of the legal frameworks and deal structures for such transactions, and also look forward to what the future might bring in the years to come.

The article on Mexico can be downloaded free of charge here. To purchase the book,  please visit The Law Review’s website.

Amendments to the Financial Institutions Law in Mexico

We have published a note to provide our clients a summary regarding several amendments published on September 09, 2021, in the Official Gazette of the Federation concerning the General Provisions referred to in articles 115 of the Financial Institutions Law in connection with article 87-D of the General Law of Auxiliary Credit Organizations and Activities and 95-bis of such law, applicable to multiple-purpose financial companies. (the “GP”).

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Summary of reforms to Mexico City’s Civil Code

Decrees were published on 4 August 2021 in the Official Gazette of Mexico City, reforming and adding various legal provisions to the Civil Code of Mexico City and the Law of Notaries for Mexico City, in the areas of testamentary matters and the use of electronic media.

These decrees seek to harmonize existing laws with the implementation and use of electronic media in the new culture of digitalization, mainly due to the effects caused by the SARS-CoV-2 virus.

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Quarterly update notice for the second quarter of 2021

In connection with reporting obligations with the National Registry of Foreign Investments (Registro Nacional de Inversiones Extranjeras) (the “RNIE”), we would like to remind you that next Wednesday, July 14th, 2021, is the deadline to file the quarterly update notice for the second quarter of 2021 (the “Notice”).

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Directors and Officers Liabilities and Insurance

Directors and officers, of a commercial entity, are subject to certain liabilities resulting from their acts and decisions taken within a day-to-day business.

The purpose of this article is to determine the responsibilities and consequences arising from the activities performed by the directors, statutory auditors, and officers within a Mexican corporation, and mention the insurance coverage available in the Mexican market.

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Reforms in the area of Advertising Contracting

On April 30, 2021, the Chamber of Deputies approved the opinion of the Law for the Transparency, Prevention and Fight against Undue Practices in Advertising Contracting. Below we detail the current problems, the regulatory proposals and our conclusions in this regard.

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