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KNP is a specialized firm in the legal aspects of domestic and foreign business-related topics and mercantile transactions. Our areas of expertise are corporate law, pointing out our practice in mergers and acquisitions, securities, financial and banking, real estate and corporate governance, among others; administrative and fiscal law, as well as labor law, including in both areas planning, strategies and litigation; and dispute resolution by means of mediation and arbitration, or else by litigation.

Our firm stands out, among other aspects, by having offices in Mexico City and in San Luis Potosí, as well as by our practice in foreign trade affairs and our experience in lobbying and legislation before government entities at all levels; aspects which allow us to provide our clients with a full scope of services.

We advice our clients in all aspects of corporate law, from incorporation, transformation, dissolution and winding-up of all types of companies –civil or mercantile–, including consultancy in foreign investment related topics. Our practice includes the design of business transactions and corporate structuring-restructuring, so much in governance as in protection and control, and of course, providing consultancy related to the negotiation and closing of all kinds of contracts and agreements, including representation in tendering processes, both public and private.

Our lawyers have taken part in mergers and acquisitions transactions, representing different economic actors, from family enterprises to transnational corporations, in a wide scope of sectors, such as telecom, energy, infrastructure, airports, real estate, hotel-gastronomic, investment funds, financial and banking entities, among others. Our experience includes privatization processes for state-owned companies, private and public tendering and bidding processes, and transactions with publicly traded companies in the Mexican Stock Exchange.

As a result of the transactions in which we have participated, our practice also includes antitrust affairs, where we have represented our clients in proceedings regarding clearances to complete merger and acquisitions transactions, as well as notices of concentrations; we also provide comprehensive advise during enquiry processes for alleged monopolistic or other unfair practices, before the Federal Competition Commission.

In securities, our services include the obtaining of clearances and authorizations as well as all kind of proceedings before the National Banking and Securities Commission, filings before the National Registry of Securities, compliance, drafting of all offer-related memoranda, prospects and other required documents for securities’ placement.

Furthermore, our firm has ample experience in financial and banking transactions. Thus, we advice our clients in individual, syndicated and other kinds of credit-related issues for any type of projects; we assist our clients in the negotiation and preparation of all kinds of credit and loans transactions, including the constitution of warranties.

Real estate is another area in which we have developed our practice, by representing and advising real estate companies, as well as construction and developer companies in commercial, industrial, housing and tourist projects. Our experience includes transactions related to the acquisition, sale, lease, development, financing and securitization of real estate assets and mortgages, as well as common or public land (ejidos) divestitures and incorporation and execution of trusts.

We also provide intellectual property consultancy, including registration, protection and licensing for trademarks, commercial advertisements and trade names, geographical indications, copyrights, patents, industrial designs, utility models, industrial secrets and all other related rights.

Different proceedings established in Mexican fiscal laws, allow the companies to optimize their operation by means of reduction or deferment of their tax burdens, without breaching the law. Therefore, in KNP we have specialized in the analysis and construal of tax legislation in order to offer the strategies that allow our clients to obtain such benefits.

Given the complexity and specialization of Mexican fiscal laws, taxpayers face some difficulties regarding the due compliance of their tax obligations, which may sometimes turn into the authorities’ considering the existence of a breach, which may arise in the imposition or determination of fiscal credits against the taxpayers.

We have analyzed all tax legislation, as well as other rules and procedures established by taxation authorities, in order to provide our clients with accurate advice regarding a due compliance of their fiscal obligations; or else, to adequately provide the best defense for their interests through fiscal litigation, which, in our firm, is divided in two branches: fiscal credits and fiscal planning.

Fiscal credits arise from authorities enquiries, which, generally, may be actionable by means of indirect amparo (constitutional litigation), or through actions for annulment (juicio de nulidad) before the Federal Court of Fiscal and Administrative Justice and, in its case, through direct amparo before the Circuit Collegiate Courts. In KNP we have ample experience in defending taxpayers before authorities.

Fiscal planning through litigation is done mainly by means of indirect amparo by which taxpayers impugn laws, rules and/or regulations imposing tax obligations, seeking for such legislation to be deemed unconstitutional, and consequently to be exempted from complying thereto. In this particular case, our firm has obtained important rulings from the Federal Judiciary, that have allowed our clients to take advantage of tax deductions, as well as to avoid paying certain taxes, that otherwise would be forbidden.

In our experience, during fiscal planning litigation, our clients are not affected by any contingency -as long as they comply with their fiscal obligations on a regular basis-, and once a favorable ruling is obtained, the corresponding levies have been reimbursed, including interests.

Alongside fiscal law, there are several administrative issues which regulations and resolutions may affect the operation of companies and individuals (i.e. environmental issues, licenses and concessions). Some such regulations and resolutions are unconstitutional, and thus may be impugned by means of constitutional resorts or actions for annulment, as previously mentioned.

Our lawyers have obtained noteworthy rulings, forcing the authorities to revoke resolutions, as well as rulings declaring the unconstitutionality of regulations and laws, which establish different obligations for the taxpayers.

We offer comprehensive services in labor law by designing and implementing innovative schemes, strategies and prevention practices, as well as litigation.

We provide our clients with all information and legal advice to duly hire foreign and national personnel, and we actively get involved with their human resources departments, training them for adequately managing labor and social security issues, as well as implementing tailored labor strategies.

Our practice also includes labor and social security due diligences, negotiation of union and individual labor agreements, internal labor regulations, outsourcing, commission agents, representation and negotiation before unions, among others.

Alongside, we are experienced in managing all kinds of migratory issues for our clients, whether they are multinational companies requiring to bring foreign personnel to live in Mexico, or individuals requiring advice in the obtaining of residence clearance in Mexico or becoming nationals.

Furthermore, we advice and represent our clients in labor litigation, including collective and individual actions as well as attending labor lawsuits before labor authorities.

This branch is the last resort for matters in which our clients participate, save for those where urgent or imminent representation is required.

In order to find the best cost-benefit solution for our clients, it is always preferable to avoid litigation by appealing to mediation and/or settlement, but always having a well defined strategy for the event such settlement is not achieved. Regarding mediation, our lawyers have acted either as mediators as well as party sponsors.

As for litigation, besides administrative, fiscal and labor matters previously mentioned, we specialize in representing our clients before the competent courts in civil, constitutional (amparo) mercantile and family issues, which allows an analysis method that looks after comprehensively examining the juridical institutions applicable to each case.

Likewise, we have constantly participated in arbitration proceedings, sponsoring different clients in national and international affairs, before renowned entities in Mexico and abroad.

Despite current Mexico’s commercial opening, a complex and excessive regulation exists for merchandise entering and leaving the country. Thus, it is imperative for importing/exporting and transporting companies, and custom brokers, to plan and prepare in advance all their operations in order to avoid incurring in administrative infringements that could result in merchandise loss and fiscal credit impositions.

In such respect, in KNP we offer our clients different services in foreign trade matters, pointing out the following:

Application of Mexican legislation in customs and foreign trade issues related directly or indirectly to merchandise entering or leaving the country.

Application of Free Trade Agreements and Treaties.

Consultation filings, obtaining of permits, licenses and authorizations, and all kind of processes before the corresponding Federal Public Administration entities.

Unfair trading practices.

Given the arising contingencies from international transactions, we have specialized in attending all kinds of administrative proceedings, including the administrative proceedings in customs matters (PAMA for its Spanish initials).

In KNP we develop consultancy and assistance in affairs related to the preparation, drafting, structuring, lobbying and discussion of law initiatives and legislative reforms; we are fully trained for the assessing of laws and ordinances, as well as for the entailment with private institutions, state and local governments, among others.

We have actively participated in Mexico’s public and political arena –fulfilling public positions in different government spheres– which has placed us as a firm with a high degree of political analysis and action.

Moreover, we assist our clients in negotiations before federal, state and local authorities, in matters related to their daily operations. Through our lobbying activities we have been able to establish more efficient, transparent and regulated dialogue channels between our clients and the authorities.

Our firm has designed strategic plans that allow our clients to present their interests and queries before legislative and executive authorities (federal, state and local), in order to obtain positive influences and frontal and direct intervention in the decision-making processes.

In KNP we actively analyze governmental economic support programs that may translate into benefits for our clients, and represent them before the corresponding authorities in order to obtain such benefits.

Germán González Martí (CDMX – SLP)

ggonzalez@knp.com.mx

Attorney specialized in economic, corporate and finance law. He has postgraduate studies in the University of Delaware, EE.UU. Language: English and Spanish.

He has served as the secretary of the Board of Directors of different companies, some of them which are listed in the Mexican Stock Exchange. He was an associate of Diaz de Rivera y Mangino, S.C. and founding partner of Nava y González Martí, S.C. In the public sector he had been serving as Legal Under-Secretary of the State Government of San Luis Potosi. His area of practice is corporate law participating in financing and banking operations, mergers and acquisitions, stock market, securities and real estate. Ex-Professor of the Securities Law class of the law degree of Universidad Iberoamericana. Member of the Mexican Bar Association.

Xavier Castro de la Maza Martínez Lavín (SLP)

xcastro@knp.com.mx

He obtained his law degree at the Universidad Autónoma de San Luis Potosí, and a master degree in fiscal law at the Universidad Panamericana de México. Languages: Spanish and English.

He developed his practice in Chevez, Ruiz Zamarripa y Cía., S.C., and was an associate at Jáuregui, Navarrete y Nader, in Mexico City, 
working in the fields of civil law, real estate and administrative law, participating in domestic and international transactions; he was a founding partner of Palacios y Castro de la Maza, S.C.

He served as president of the Mexican Bar Association, chapter San Luis Potosi for the period between 2011-2012; and as Deputy Secretary of the Ministry of Economy for the state of San Luis Potosi, from February 2013 through December 2018.

His practice areas are administrative and fiscal law, so much in planning as in litigation; antitrust and foreign trade.

Jorge A. Luna Mezquida (CDMX)

jluna@knp.com.mx

Lawyer with specialized studies in international business law at Burgos University, in Spain, and postgraduate studies at Universidad Iberoamericana in Mexico City. Languages: Spanish and English.

Mr. Luna developed his practice in González H. y Asociados in San Luis Potosí, as well as in Díaz de Rivera y Mangino, S.C. in Mexico City, participating mainly in mergers and acquisitions. He was a partner of Nava y González Martí, S.C.

His main practice is corporate law, representing our clients in securities, mergers and acquisitions, financial and banking, and intellectual property matters, and he has also participated in arbitration proceedings related to such areas.

Jorge Barrera Portales (CDMX – SLP)

jbarrera@knp.com.mx

Lawyer by the Champagnat University, San Luis Potosí Campus, with postgraduate studies at Escuela Libre de Derecho, at the Instituto Tecnológico Autónomo de México (ITAM), at the Universidad Panamericana (with honorable mention), at the Universidad de Estudios de Posgrado en Derecho in Mexico City, as well as at the Instituto Tecnológico y de Estudios Superiores de Monterrey, campus San Luis Potosí and at the Universidad Autónoma de San Luis Potosí. He also has studies at the University of Castilla - La Mancha in Toledo, Spain.

He developed his professional practice in Barrera y Ordoñez, S.C., in the area of civil, commercial and family litigation. He was a partner of Barrera Barrera Abogados, S.C. He served as partner in charge of the litigation area of Nava y González Martí, S.C. He is currently the managing partner of KNP Abogados, S.C.

He practices in the areas of corporate law, civil, commercial and family litigation, as well as arbitration.

Member of the Mexican Bar Association of Lawyers, A.C.; currently serving as acting President of the Directive Committee of the Mexican Bar Association, A.C., San Luis Potosí Chapter.

David Leonardo Castro García (SLP)

dcastro@knp.com.mx

Law degree obtained at the Universidad Autónoma de San Luis Potosí. He also has a master degree in constitutional law (amparo) by the Universidad Iberoamericana, Campus León, specialized studies in environmental law (Universidad Panamericana) as well as 11 postgraduate studies in different universities in: i) Amparo (constitutional law), ii) Customs, iii) Civil-Mercantile litigation, iv) Fiscal litigation, v) Constitutional litigation, vi) Bankruptcy, vii) Commercial arbitration, viii) Environmental law, ix) Taxes and fiscal burdens, x) Family law, and xi) Intellectual property.

He developed his practice in different Mexican federal and state Courts, as well as in the Mexican Ministry of Finance and Public Credit, the Office of the Public Prosecutor (ministerio publico), Banco Mexicano, S.A., among others. He was a partner of diverse law firms, participating, mainly, in the areas of administrative, environmental and constitutional law. Mr. Castro is an active member of the Mexican Bar Association since 2001.

Bosque de Radiatas 44 - 401, Bosques de las Lomas, C.P. 05120, México, Ciudad de México T.(55) 5257.5419
Francisco P. Mariel 130, Moderna C.P. 78000, San Luis Potosí, S.L.P. T. (444) 812.2424
contacto@knp.com.mx