Próxima Conferencia en el ITESM Campus Santa Fe
Fecha: Martes 23 de septiembre de 2010 de las 16:00 a las 21:00

About the speaker: Rafael Giménez.- Giménez & Asociados Abogados, SC, (Corporate Lawyer and director of the firm) graduated from Universidad Iberoamericana, Specialist in Mercantile Law graduated from Escuela Libre de Derecho, Mentor of “Young Entrepreneurship for Mexico”.  Is often consulted and interviewed for main Law themes in Mexico, recently “The Pemex Franchise Legal Case in the United States” for Proceso and Vertigo magazines and El Universal and La Jornada newspapers, “The Iphone Applications Copyright Case” and “ Bicentenario Trademark” for El Economista. He is counsel and member of the Board of Directors of National and Foreign Companies actually investing in Mexico.  He is author of the blogs: Derechocorporativo.com.mx, Registrodemarcas.co and Franquiciasenmexico.com

Topics

18:00 – 18:10 Introduction to the Foreign Investments in Mexico.- a) Historical Context; b) Nowadays Context.

Content: The London Bank of Mexico and South America Ltd (1864) case and the interest of other foreign companies in Mexico; The Foreign Investments restriction Mexican policy before 1991; The new policies since 1991 and the Foreign Investments Law publication.

18:10 – 18:20 Some facts about the Mexican Legal Framework.- a) Mexican Constitution; b) Foreign Investments Law; c) Immigration Law.  Content: Comments about the legal framework for a Foreigner Investor.
18:20 – 18:30 Activities that are allowed for Foreign Investors.- a) Restricted activities; b) Investment restricted activities to a specific percent of foreign and national investment; c) Activities that are allowed to foreign investors.

Content: Description, Brief summary regarding the  allowed activities to Foreign Investors and penalties.

18:30 – 19:30(19:30 – 19:50)19:50 – 20:50 Different ways for a Foreigner to invest in Mexico.- a) Representative Office, Branch, Mexican Companies formed with foreign investments; b) Strategic Alliances and Co-investments; c) Franchises;  Content:1)      Explanation/ Description about  different mechanisms that a Foreign Company or a single person may choose to invest in Mexico, pros and cons of each one;

Recess

2)      Discussion about practical case (attached) about a Foreign Company that is considering the possibilities to invest in Mexico with different points of view: a) Foreign Affairs; b) International Business; and c) Law.

In order to solve the case, students we’ll be ask to divide in groups of eight with partners of the same career. It is imperative to solve the case before we start the class.

 20:50 – 21:00  

Common myths about Foreign Investments in Mexico.

PRACTICAL CASE

America Trans, LLC is a Transportation Company from United States and was incorporated since 1990, the Board of Directors have decided that after twenty years the Company have enough experience to found new possibilities to expand their trademark in new countries. The America Trans main activity , LLC is to provide to their clients terrestrial transport of passengers, such as Taxi Cab services and Tourist Bus services.

The Board of Directors decided to go ahead with the project, but they are not sure about the development that America Trans, LLC may have abroad, so America Trans Chairman decided to hire the best consultant team that he can found in Mexico, as any wise Chairman he accepts that he do not have experience in Mexico as he was in Mexico only for a few times just for vacations. 

His questions for the Lawyer´s Team are:

1)      If it is allowed for America Trans, LLC to participate in Mexico to obtain profits of the same activity that the Company is doing in the United States;

2)      If so, he learned in his MBA in Harvard that each Company represents a risk and as it is the first time that the Company will participate in Mexico he is afraid that the Shareholders of America Trans, LLC may lose not only their $2k investment in Mexico, also the Company in the United States. So he asked to your Lawyer´s Team what the risks are and how the team will help the Company to avoid those risks.

3)      If the Company decides to take the risk and go ahead with the project what is the best legal mechanism to participate in Mexico.

4)      The Chairman saw in Tom Cruise’s Movie “The Firm” that incorporating a Company in Cayman Islands is a legal way to avoid taxes, so his question is if you are “good enough” to improve this in Mexico and if it is better to develop their businesses in Cayman than in Mexico.

Information to solve this point: Cayman Islands are considered a Tax Paradise because foreigners do not pay taxes for the incomes from abroad. He is considering making their business in Cayman instead of Mexico. 

5)  The Board of Directors are glad to invite you among other important people to a huge media event in which they will announce their start up in Mexico, you already know that  “Trans America” trademark is registered in Mexico and the owner is not your client, so in this case you are not so happy to be part of “the important people lounge”, considering that all the event is fixed and they will use the name “Trans America” in the event, what would you may considered to do if the event is in three days.

His questions to the International Business Team are:

1)    As you know Mexico is one of the countries that have more Free Trade Agreements in the world; he needs to know if the Free Trade Agreement Mexico has signed with the European Union helps to Trans America, LLC or if it is only for Mexican Investors.

2)    ¿Why  would Mexico be the best country to invest? He knows that Brazil is offering better chances for foreign investors and that the Economy in Brazil is healthier that Mexico´s.

3)    The Company director knows that you have some experience about Corporations in the US as you were in the “Corporations in the USA” conference and he would like to know if there is any advantage to be incorporated as a Limited Liability Company in the US or if it has no importance for their business in Mexico, they know that “the less taxes they pay the better it is for the company”.

His questions to the Foreign Affairs Team are:

1)    Andres Manuel Lopez Obrador has announced that he will participate in the “2012 elections for President”, do you think that this is important for the Company to start up in 2011? Or do you think that it would be better if they start up their business in 2013? Do you think that AMLO can be considered as a risk for the purposes of the Company?

2)    The Trans America Director, LLC is hesitating to establish the main headquarter Office in Mexico City rather than Monterrey in which as the Governor is his friend, what is your recommendation?

3)     Monterrey Governor is offering his friend (the Company Director) lower taxes if he participates as a Shareholder of the Company, what would be your considerations?

1 Response » to “Conferencias”

  1. CLAUDIO MAURICIO ADAME dice:

    Lic. Rafael Jiménez un saludo y te deseo lo mejor en tu conferencia, vamos a estar al tanto de tus aportaciones en la página.
    espero y puedas compartir tus apuntes y recomendaciones.

    atentamente

    Dr. Claudio Mauricio Adame García de León
    Ciudad Zacatecas, México

Leave a Reply

This blog is kept spam free by WP-SpamFree.