For Vega, Guerrero & Asociados, the culture of excellence is in our DNA, which has led us to offer multidisciplinary legal solutions with a high emphasis on our clients, working hand in hand, providing accurate and innovative solutions that distinguish us. of others."
At VGA, relationships with our clients, understanding their needs, adapting to what they need and working together every step of the way to meet their objectives, has been and will always be the first and strongest pillar for the firm, which It has allowed us to position ourselves as one of the best firms in the Bajío Zone.
1. LABOR LAW
We focus our labor law practice on comprehensive advice for companies. Knowing that current global events imply a series of challenges and changes in the usual practices of companies in Mexico, at Vega, Guerrero & Asociados, we provide the tools so that employers can make the best decisions. In addition, we have a practice group specialized in litigation to defend companies from actions that may be taken by workers or unions.
CONSULTANCY
At Vega, Guerrero & Asociados, we are convinced that the vast majority of conflicts that arise in the company can be prevented through effective and correct consulting, therefore, the labor consulting team actively participates in decisions taken by the corresponding areas of the company, giving an overview of the legal obligations that are held, but above all, providing alternatives by virtue of the experience acquired by good practices implemented in recent years with our various clients.
Individual Work Contracts
We support the company in the elaboration and implementation of its contracts. We believe that a contract format is not the best option in most cases, since for each employment relationship different factors must be taken into account, such as the temporality, project or season for which you will carry out your activities. the employee. Likewise, it is important to consider the modality that may be imposed on the contract, if applicable, trial periods or initial training, as well as advising the company in the processes of termination of employment relationships due to the conclusion of these periods or modalities.
internal rules of work
One of the most important legal instruments that govern labor relations is the Internal Labor Regulations, it contains the internal regulations that must govern the workplace, therefore, its preparation is a task that must be carried out jointly. , company, employees and labor lawyers, by virtue of the fact that it is up to him to carry out the sanctioning procedures for employees who fail to comply with the agreed measures and to impose the corresponding sanctions. For this reason, at Vega, Guerrero & Asociados, we have specialized in the development of these regulations, accompanying and advising the company since the formation of the mixed commission, as well as in the preparation and deposit of the final text of the Regulations, before the Boards of Conciliation. It should be noted that in the following months,
Circumstantial Records or Administrative Records
We advise companies in the elaboration of circumstantial minutes or also known as administrative minutes, which establish what are the certain conducts or omissions that employees have had, in particular with respect to possible breaches of the law, the contract and/or to the Internal Labor Regulations, since these minutes can serve the companies to integrate the personal files of the workers, as well as, where appropriate, impose sanctions or carry out labor terminations for justified cause.
Attention of Conciliatory Appointments
We support companies with assistance and representation in conciliatory appointments that are required by the labor authorities, in which agreements are sought with workers or former workers who for some reason have filed a complaint against the company. . Our team of lawyers has special training in negotiation issues, which allows us to reach favorable agreements for our clients.
Labor Terminations
We carry out labor termination procedures, advising the company from the moment the documents that legally support the process are prepared, such as labor termination agreements, settlements, or, where appropriate, resignations by the workers. We assist our clients by accompanying them at their facilities to carry out the corresponding communications to employees regarding terminations, as well as the subsequent ratification of the termination of employment before the competent authorities.
Labor Inspections
As part of the services that we provide in our firm, we accompany companies when receiving inspection visits by labor authorities, such as the Ministry of Labor and Social Welfare or the equivalent in the federal entities, supporting the relief of the inspection, as well as in resolving the observations that may arise from said visits.
Advice on outsourcing processes
On some occasions, our clients require the service of companies that provide personnel supply services to carry out some specialized activities in particular, so at Vega, Guerrero & Asociados, we advise them so that said processes adhere to the provisions of labor, tax and other applicable laws. We support the review and modification of the service provision contracts between the operating company and the service provider, as well as the follow-up regarding compliance with labor and social security obligations that the service provider company must carry out.
Mixed Commissions
One of the obligations that employers have in Mexico is to establish various mixed commissions made up of representatives of the employer, as well as the workers, such as profit sharing, training and training, safety and hygiene, the elaboration of the Internal Work Regulations, the elaboration of the General Table of Antiques, the Productivity and the application of disciplinary measures, among others, for which we advise companies to establish them in the terms established the laws and that these have a full operation that helps to give positive results to the organization.
Protocols against Discrimination, Violence and Harassment
As of the reform to the Federal Labor Law published in May 2019, one of the obligations of all employers in Mexico is to implement a Protocol to prevent discrimination based on gender and attention to violence and harassment or sexual harassment, as well as eradicating child labor, for which reason at Vega, Guerrero & Asociados, we advise companies in the preparation of said Protocol, as well as in the formation of the Attention and Monitoring Committee, complying with it to what is established in Mexican law, as well as in follow-up to Convention 190 on violence and harassment, of the International Labor Organization
Policies and Manuals
We support our clients in the development and implementation of various policies and manuals that help govern the details regarding various aspects of labor relations, such as the use of work tools, educational support for employees, among others.
Labor Counseling in Collective Matters
We provide advice to our clients regarding the decisions they must make in their day-to-day relationship with the union that owns the collective bargaining agreement, as well as with the various unions that may exist within the workplace and in general with regard to the collective labor law. Our team of lawyers has been trained and specialized in relation to the new collective labor relations in Mexico since the entry into force of Convention 98 of the International Labor Organization, the constitutional reform of 2017 and the labor reform of 2019.
Training and Training
We support our clients with training, updating and training courses for their employees, both operational or unionized, administrative or trustworthy and senior managers, always seeking to impart topics of interest to employees and with the aim of achieving better results in the organization. . In addition, in case of reforms or new criteria by the authorities, we give courses so that the company's Human Resources personnel can have the necessary elements to make the best decisions for the benefit of the company.
Labor Audit
We carry out labor audits to our clients for due compliance with labor regulations regarding general working conditions, as well as in relation to training and training and safety, hygiene and environmental measures at work, with the purpose that the company periodically verify that it has complete and correct records of its workers, in addition to having current labor documents and practices that certify due compliance with laws, regulations and norms.
Legal Alerts
At Vega, Guerrero & Asociados, we are convinced that one of the main tools to be able to make adequate decisions is information, therefore, the team of lawyers periodically alerts our clients regarding reforms or innovative criteria from the authorities, which are sent to our clients in a timely manner for analysis.
VGA's corporate team has experience in legal matters related to the operation of Mexican and foreign companies, their constitution, organization and administration, as well as their decision-making process. Our practice includes advising international companies that wish to operate in Mexico, either directly or through subsidiaries incorporated in Mexico, designing and implementing joint venture schemes, corporate restructuring, spin-off and dissolution of companies, and representation of our clients in businesses that drive day to day, as well as those in Mexico who intend to start operations in other countries. Business leaders in the region choose VGA for our decades of experience advising corporations, offering our support on various critical issues. Similarly, several senior lawyers from our firm have participated as independent directors of various national and international corporations, in compliance with the provisions of the best international corporate governance practices.
Corporate:
At VGA we specialize in matters of Corporate Law, such as the constitution of civil and commercial companies, recommending for this the scheme that best suits your operation and your needs, the preparation of bylaws and minutes of General Shareholders' Meetings, by virtue of which the shareholders or partners of a company discuss a diversity of points related to its operation, to be informed of its progress by the administration, or make decisions regarding the operation and management of the company that the administration cannot take on its own, we manage the drafting of general or special powers of attorney according to the needs of each client and particular situation,and we have extensive experience in the field of dispute resolution between shareholders through proposals designed specifically for each controversy, thus avoiding the costs and risks that go to trial represent for the solution of these disputes between members of the same company, which are very common
At VGA we have extensive experience in a variety of topics related to Corporate Law.
We have managed to successfully implement corporate governance schemes in several important national and international companies in the region, thus achieving the institutionalization of these mercantile companies. In the same way, we take care that they are in full compliance, or compliance, with what is recommended by various international organizations that issue recommendations on corporate practices. Several of our senior lawyers actively participate as independent directors of institutionalized corporations.
The VGA corporate team has also participated since its foundation in the supervision of national and international commercial transactions, understanding this as the preparation of commercial contracts fully adjusted to the needs of each client, negotiation on their behalf with their counterparty prior to the signing of each contract, active participation in the corporate restructuring processes that we have designed, among others.
Similarly, we have participated in complex merger and acquisition processes, or "M&A", where we offer a receptive and comprehensive legal service to companies in their transactions. VGA uses the resources and experience of our firm for the different operations that the company may require in its expansion process, handling transactions that involve companies of all sizes. Our team advises clients on matters such as the structuring of the transaction, the due diligence process, the documentation required for the operation and the exhaustive analysis of the requirements of the authorities, as part of the transaction. We leverage teamwork and our resources to support every aspect of the transaction, regardless of whether it is a purchase or sale in a national or international transaction, with a diverse and experienced legal team. The lawyers of our VGA mergers and acquisitions team work together with the different areas of the firm specialized in intellectual, labor, tax, real estate law and other legal practices, which allows us to create synergies with our clients to provide an integrated response. and profitable, according to the needs of your business area. The agreements reached by the firm include negotiated transactions, mergers, purchase and sale of assets and shares, capitalizations, privatizations, divisions, consolidations, joint ventures, reorganizations and restructurings. The lawyers of our VGA mergers and acquisitions team work together with the different areas of the firm specialized in intellectual, labor, tax, real estate law and other legal practices, which allows us to create synergies with our clients to provide an integrated response. and profitable, according to the needs of your business area. The agreements reached by the firm include negotiated transactions, mergers, purchase and sale of assets and shares, capitalizations, privatizations, divisions, consolidations, joint ventures, reorganizations and restructurings. The lawyers of our VGA mergers and acquisitions team work together with the different areas of the firm specialized in intellectual, labor, tax, real estate law and other legal practices, which allows us to create synergies with our clients to provide an integrated response. and profitable, according to the needs of your business area. The agreements reached by the firm include negotiated transactions, mergers, purchase and sale of assets and shares, capitalizations, privatizations, divisions, consolidations, joint ventures, reorganizations and restructurings. which allows creating synergies with our clients to provide an integrated and profitable response, according to the needs of their business area. The agreements reached by the firm include negotiated transactions, mergers, purchase and sale of assets and shares, capitalizations, privatizations, divisions, consolidations, joint ventures, reorganizations and restructurings. which allows creating synergies with our clients to provide an integrated and profitable response, according to the needs of their business area. The agreements reached by the firm include negotiated transactions, mergers, purchase and sale of assets and shares, capitalizations, privatizations, divisions, consolidations, joint ventures, reorganizations and restructurings.
VGA, provides its services in the area of Immigration Law to national and international companies that need to hire foreigners to settle and carry out their work in Mexico.
Likewise, it offers its services to individuals who require advice to be able to reside in the country, temporarily or permanently, or even to acquire Mexican nationality.
The practice of our immigration law team ranges from obtaining the Employer Registration Certificate before the National Migration Institute (INM), through obtaining a visa and Temporary and Permanent Residence documents for foreign employees of our clients, as well as their relatives; bringing the families of employees in order to maintain family unity; the change of condition of stay, according to the need of the foreigner demands it; as well as in the preparation of the documentation required for the presentation, processing and obtaining of various permits required for the legal stay of foreigners in the country, among others.
For this reason, we allow ourselves to expose in a clearer and more specific way the various procedures in which our team of lawyers assist both foreigners and companies.
Proof of Enrollment from Employer
The Employer Registration Certificate is an essential document for those natural and legal persons who wish to hire personnel of foreign nationality.
It is important to mention that there are two meanings regarding the hiring of foreigners, since a job offer can be extended to a foreigner who resides in any other country or hire foreigners who already reside in Mexico and have the appropriate immigration status to be able to be subject to employment contract.
In the first case, it is an essential requirement to be able to start the Job Offer Visa process. Without this requirement, the process would be discarded and as a consequence the Visa would not be granted.
In the second case, it is possible that the company hires a foreigner who already has permission to work and who is residing in Mexico, and that said company does not have the Employer Registration Certificate. However, the company must obtain the Certificate as soon as possible, since in order for the foreigner to carry out the renewal of his immigration document, he must have a certificate of employment continuity issued by a company that has the Certificate of Employer Registration.
It is important to mention that the National Migration Institute has the power to carry out immigration verification visits to employers to verify that they are legally established. During the verification visits, the INM will request the information/documentation it deems pertinent to confirm the existence of the job source and the veracity of the information previously presented.
The fact that the Employer Registration Certificate has been obtained does not mean that this document issued by the INM is permanent, this is so because there are issues for which an update must be carried out, which are:
Visa Obtaining
The immigration services that VGA provides are corporate immigration law services, which is why they are totally focused on satisfying the needs of employers and foreigners who need to provide their services or work in Mexico.
Understanding the need that companies have to have their work team as soon as possible, and the need that foreigners have to have the presence of their family, if applicable, is that we have focused on obtaining the type of visa necessary in the quickest and most expeditious way so that both things are possible.
Sports. We understand the need that both clubs, athletes, managers and coaching staff have to obtain a visa as immediately as possible, since we understand that the times that the draft allows, as well as the various federations and/or associations for the Most of the athletes' records are very short, which is why we have tools that allow us to generate the documentation and start the processes as soon as possible. Our constant monitoring and good relationship with the immigration authorities have allowed us to express our urgency and need to obtain prompt resolutions.
Obtaining a Work Permit
This immigration process is intended for those people who have Temporary Residence, but without permission to carry out paid activities and who wish to work. It generally happens that the foreigner has obtained his Temporary Residence through the Family Unit, which does not grant permission to work.
In order for the foreigner to obtain his Work Permit, he must have an offer issued by an employer that has the Employer Registration Certificate or else state that he will be working independently, for which he must be registered in the Federal Taxpayer Registry. .
renovations
In the case of the renewal of the immigration document, it can sometimes be complex, given that if information other than the one that the INM has registered in its system were to be manifested, and that at the time there should have been a notification through but that for whatever reason it was not carried out, it could cause that there are preventions that delay the issuance of the new document or, in its case, that it be discarded and as a consequence the foreigner enters into an irregular situation.
Our tools and databases that we are constantly updating have allowed us to maintain a hegemony in the prompt and smooth issuance of immigration documents for foreigners.
Changes of stay condition
The Migration Law foresees cases in which foreigners may be subject to request a change of stay status, that is, they stop being Visitors to become Temporary or Permanent Residents, or, where appropriate, stop being Temporary Residents to begin to be Permanent Residents.
notifications
The Migration Law contemplates cases of identification and location of foreigners that the INM must keep in mind and with an updated database, for which there are five issues that, in case of being modified, must be notified by the foreigner.
These notifications must be made within the period of 90 calendar/calendar days following the change, otherwise the foreigner would be subject to a fine for reporting the situation untimely. The changes that may be generated and must be notified are in:
Exit and Return Permits
Whether the foreigner needs to travel for business or pleasure and does not have his immigration document that identifies him because he is in the Renewal or Exchange process, he must request an Exit and Return Permit if he wants to leave the country and return without lose your immigration status.
The Exit and Return Permit application process is not a process that can be requested or carried out by a foreigner who is in an irregular situation or who has started a regularization process.
The Exit and Return Permit is granted for up to 60 calendar/calendar days.
Immigration Document Replacement
Whether the foreigner has lost their immigration document or has been the victim of a theft, they must initiate a process for the Replacement of the Immigration Document, for which they must file the respective complaint with the competent authorities.
The foreigner will be summoned to attend a procedure in which he will be questioned about the loss of the document, of which a record will be drawn up that will leave evidence of it.
In the event that the foreigner has lost or has also had his passport stolen, he must first request its replacement from his Consulate or Embassy, in order to have the identity document that allows him to start the replacement process, otherwise otherwise it will not be possible to start it.
Regularization
Sometimes issues may arise that lead the foreigner to have an expired document and therefore cannot carry out the respective renewal of the same and that put the foreigner in an irregular situation.
Falling into an irregular situation implies that the foreigner loses the record of years that he had accumulated up to the moment of the irregularity, so that in the case of Temporary Residents they would have to live again another four years in national territory to be able to apply for their status. Permanent residence. For this reason, we understand how important it is for both the foreigner and the company that immigration services are carried out with full diligence and due care to prevent this from happening.
VGA's commitment is to carry out immigration processes in a timely manner and with full diligence to avoid complications, whether for the foreigner, his family or employers.
Innovation is the economic engine of our clients. Obtaining the highest return on your investments is our mission. Lawyers and technicians work together to protect and economically exploit our clients' inventions
Our intellectual property team advises its clients at all stages, from the creation of intellectual property, including its registration, economic exploitation, to the legal defense of their rights to defend one of the most important assets in all organizations, their capital. intellectual.
The 21st century and its commercial opening has brought various challenges for all industries globally, increasing their competitiveness, so at VGA our objective is to provide our clients with the necessary tools to perform in current markets, focusing on shielding and protecting their creations. intellectuals.
Innovations today are the key to the operation of various industries and their environment, at VGA we are aware of the arduous effort of this process, which is why we help our clients to be revolutionary, protect their work and maximize their financial performance through services such as obtaining invention patents and registrations of utility models and industrial designs necessary to have the broadest protection for their inventions, working with our clients through the process at all times.
The advice provided by VGA is distinguished by not being of a transversal nature, but longitudinally our team will work together with the client to provide the client with the necessary legal information in the process of economic exploitation of their inventions.
Dispute resolution is a latent need in commercial relations, in the development of trade it is not uncommon for differences or obstacles to arise that prevent the execution of agreements in the way they were originally planned.
In recent years, technological advances have allowed corporations to expand into new and more complex markets, this accelerated growth has increased competition between companies and has generated the need for a stricter regulatory framework, these phenomena have resulted in Since commercial disputes have become more frequent and complex, at Vega, Guerrero & Asociados we have specialized in the efficient resolution of these problems through innovative litigation strategies, as well as the use of alternative means of conflict resolution such as National Arbitration. and International and Mediation.
In such a way that our professionals have the skills to support our clients through the development of their transactions to minimize the risk of a contingency arising. Thus, when these arise, we can guide our clients through the negotiations prior to the start of a contentious procedure and present the best option for the solution of the dispute, through a detailed overview of the steps to follow as well as the possible results. of each of the strategies that we consider recommendable for the resolution of the conflict.
We understand the needs of our clients, their way of doing business, and the cultural context in which they develop their commercial relationships, for this reason we have focused on developing a National and International Arbitration practice that allows our clients to take advantage of the many and varied advantages that this dispute resolution method presents, thus following the constant evolution of business, we can present our clients with invaluable strategies for success; Our team of Arbitration experts makes a clear difference with our opponents and this is always reflected in a fast and effective dispute resolution.
Industry leaders turn to us because they trust our skill, experience and reputation to achieve the best possible result, which is why we have an excellent commercial and civil litigation team, which is widely recognized before the most State Courts. important nationally and internationally, we are characterized by a clear trend towards innovation, we are not satisfied with the traditional way of completing contentious disputes, we clearly understand that time is of the essence for our clients, and proactive risk reduction is an invaluable skill.
For this reason, we have consolidated our practice so that when a dispute arises, we resolve it profitably and efficiently. We achieve this with an experience acquired after decades of practice in this area, we represent individuals and corporations in all stages of national and international litigation.
Our structure provides clients with strong support and active accompaniment to help our clients make well-informed decisions, they trust us to guide them through their most important litigation challenges. Our experience in complex and contentious matters, coupled with our technical capabilities and strong geographic coverage, has enabled us to advise you through the complex issues that can accompany today's business transactions.
Arbitration
Arbitration as a form of conflict resolution presents various advantages over Litigation before State Courts, in which the parties agree on the number of arbitrators and the specialization that they must have, to issues such as the deadlines in which the documents must be submitted, if these can be be presented virtually or must be presented physically.
These special circumstances of Arbitration achieve a fast and effective procedure, since it is the parties who propose and finally choose the people who will decide on the controversy. Our team of experts has extensive arbitration experience before regulatory institutions such as the International Chamber of Commerce (ICC), the Mexican Arbitration Center (CAM), the National Chamber of Commerce (CANACO), the Industry Arbitration Center of Construction (CIAIC), to mention a few
Our approach is enriched by the extensive commercial experience of our lawyers, and their negotiation skills allow the establishment of arbitration agreements that facilitate the resolution of disputes and give our clients the assurance that the process will have meticulous care aimed at achieving the better results, all taking into account the dynamism that current commercial relations require.
1.1 Arbitration Agreements. The consent of the parties to renounce the jurisdiction of the State Courts, to submit the resolution of their controversies to an Arbitration Procedure is the cornerstone of this method of conflict resolution, in such a way that our Arbitration practice has been consolidated by Advise our clients in the drafting of clauses or arbitration agreements to allow them to take advantage of all the benefits of Arbitration in a safe and efficient manner.
1.2. Arbitration processes. For our Arbitration Practice team, international arbitration is not an alternative means of dispute resolution, that it is the way of the current world to cross the differences that could arise in the commercial relations. We have extensive experience in arbitrations administered before both National and International Institutions (ICC, CANACO, CAM, CIAIC) as well as in Ad Hoc arbitrations, for cases in which the interference of an Administering Institution is not necessary. In such a way that always looking for the most efficient and profitable way to resolve the disputes of our clients, our team has solid experience in safeguarding the interests of our clients by requesting Precautionary Measures, such as the insurance of assets and bank accounts. , before Arbitration Courts and its execution before the corresponding jurisdictions, to guarantee the subsequent compliance of the Arbitration Award and avoid further impairment of the assets of our clients. The selection of the place where the arbitration will take place, the legislation that will govern the main contract, as well as the selection of the Institution that will administer it, are of vital importance at the time of the execution of the Arbitration Award, which is why, as a practice , we have dedicated ourselves to the specialization of the rules of execution of both national and non-national awards in the most used arbitration jurisdictions in the world, this has allowed us to achieve an extraordinary success rate, which is why our clients feel safe in carrying out their commercial transactions, because they have the certainty that our professional team supports them
Commercial Litigation
Risk management, detection of future contingencies, and procedural knowledge are key to avoiding large-scale disruptive litigation. In our Commercial Litigation practice, we help our clients implement measures to ensure that, whenever possible, they do not become embroiled in disputes. If a dispute does arise, we make sure they are equipped with the resources, experience and knowledge to reach a quick and successful resolution. Efficiency in Litigation is our priority, we understand the commercial nature of our clients and their needs, world trade is always in constant development, therefore our approach to Litigation is always to achieve the highest profitability for our clients and the best results. .
We are always at the forefront of legal innovation, not only in the use of technological tools that help us to be more efficient in resolving disputes, but our team of lawyers is always at the forefront in constant training, this to achieve an Impact Litigation that allows our clients to carry out their commercial activities in a secure environment.
We have extensive experience in: Executive Trials, Means preparatory to trial, Mortgage Litigation and Resolution of Real Estate Leasing disputes. Our important trajectory in Corporate and Corporate Litigation precedes us, we have helped our clients to resolve strong controversies in family companies, as well as conflicts between shareholders of important national and international corporations. Our commercial litigation practice includes means of capital control and recovery, as well as extensive experience in the liquidation and dissolution of companies, and an important knowledge of the commercial bankruptcy procedure.
Mediation and Conciliation
Our extensive experience in contentious procedures has allowed us a broad vision of current business needs, in such a way that we understand that prevention is as important as effective dispute resolution.
That is why we have a prepared team of experts in negotiations that supports our clients in the early stages of any conflict to achieve an effective and profitable solution that avoids, as far as possible, a contentious procedure, so we not only support our clients in the professional solution of their controversies, but we also guide them towards a dispute resolution that also allows them to consolidate their commercial relationships and thus maintain their position in the market.
The services of Vega Guerrero & Asociados (“ VGA ”) consist of advising essential projects, public or private, for the development of the country's economic activity.
Infrastructure projects represent an important part in the development of our country, since they cover works commonly related to the provision of services or urban development such as transportation, energy, real estate and social development projects, among which are:
The infrastructure and project financing practice at VGA advises creditors, financial investors, developers, suppliers and government entities in the development, financing, structuring and advice for the participation in public tenders, unsolicited proposals and awards in general related to the development of large-scale infrastructure projects.
Additionally, VGA has worked on behalf of infrastructure operators, investors and financial sponsors, in various operations, including mergers and acquisitions, asset financing, public-private partnership projects, government regulation and contracting, capital markets and in operations related to aspects of construction, operation and possession of infrastructure assets.
What is an APP?
A public-private partnership (“ PPP ”) refers to an agreement between the public sector and the private sector in which part of the services that are the responsibility of the public sector, is provided by the private sector under a clear agreement, in order to to supply public services or public infrastructure required by society.
PPPs can be of various types depending on the degree of participation that the private entity has in the public infrastructure project. A PPP is structured through a contract, which outlines the risks and responsibilities of the parties.
Benefits of an APP
A PPP project means that (i) the forces of the world market are activated, (ii) better infrastructure and services are provided, (iii) lower cost and term are obtained, (iv) higher quality and (v) risk transfer.
The key to contracting by the contracting entity through a PPP is to prevent the contracting entities from assuming the risk of a large-scale project, since in the case of contracting through public works, the State and taxpayers receive the direct impact of a deficiency or problem during the construction, operation and maintenance of the infrastructure project, on the other hand, in the PPPs the risks are shared and, for the most part, they are assumed by the private developer, as well as the maintenance and operation of the project for the term agreed.
Public works commonly take a longer period of time and usually end up with cost overruns. On the other hand, PPPs must complete the infrastructure project on time and within budget, otherwise they do not obtain the consideration from the contracting entity.
This arrangement of incentives makes PPPs more efficient than public works. On the other hand, in terms of quality, the private sector carries out better quality works under a PPP, since in the future, during the operation and maintenance of the project, it will invest less and obtain more profit.
Public works represent a deficit in the infrastructure sector, as well as poor quality in the services it provides, according to the current demands and needs of society, since it is traditional and cannot keep up with the pace of economic growth in the country and PPPs. They complement it so that the State can develop projects without risks and with maintenance included for the life of the PPP contract.
Real Estate / Real Estate
The practice of " Real Estate " has a direct and fundamental impact on the active economy of the country. Knowing its operation and applicable legislation is currently very useful for society.
Due to the above, at VGA we are convinced that it is vital to have lawyers who understand the real estate sector and understand the importance that it has in the market, in order to be able to legally execute acts related to this practice.
Real Estate Law is in charge of meeting the regulations applicable to real estate transactions, which contemplates the way in which rights to the property of a property are created, transmitted, modified, acquired or extinguished, as well as the structuring that must be established for deal with various operations related to the management of real estate and the rights and obligations of the parties involved in such operations.
The area of " Real Estate " / Real Estate at VGA is highly diversified, since the practice allows advising different parties in any project related to real estate law, which includes various areas such as civil, administrative, environmental, fiscal and commercial law, including consultancies. specific structuring procedures such as: (i) financing of real estate projects, (ii) structuring and creation of investment trusts, including FIBRAS, (iii) issuance of obligations and execution of securitization operations, backed by mortgages and income flows, (iv) execution of purchase, sale and sale operations with subsequent leasing, (v) disposal of assets and (vi) acquisition of real estate and industrial and commercial facilities through the conversion of debt into equity, among others.
VGA has specialists in each of the areas mentioned above, providing a complete and integral service in the three main types of property in Mexico: private, public and social.
In addition, our team has the ability and experience to represent lenders and borrowers in land development acquisitions, bridge and permanent loans, and construction loans that enable the purchase, sale, lease, and development of commercial, industrial, and residential properties.
We provide advice to clients in the sector in all phases of real estate projects, including financing providers, investment funds, real estate developers, transnational companies and state governments in the following matters:
