PRACTICE
AREAS

Our partners and lawyers have advised clients leaders on different industries, and renowned international companies.

Somos un despacho de abogados enfocado en transacciones con especial énfasis en las áreas de:

Transactions and Agreements Energy Practice Real Estate Practice Corporate Law Practice Administrative Civil Litigation Commercial Litigation Administrative Litigation Property and Corporate Criminal Litigation

Transactions and Agreements

The partners and lawyers of BRAQ have wide experience providing legal advice and consultancy concerning all kinds of transactions and businesses, and on the preparation of the necessary agreements for the creation and implementation of such transactions and businesses in different industries and trade areas, including those agreements principally intended to protect our clients’ assets and interests. Our partners and lawyers have advised developers and financial institutions on the structuring and implementation of the financing of both public and private infrastructure projects, including in large-scale acquisitions in the different economic sectors and industries.

Our experience in these areas includes:

Drafting and negotiation of all kinds of agreements, such as: purchase and sale, service, distribution, supply, and trusts, joint ventures, guarantees (pledge, mortgage, bond, guarantee trusts, among others), leases, usufructs, acknowledgements of debt, preparatory agreements, letters of intent, memoranda of understandings, among others.
Legal Opinions related to all kinds of agreements intended to assess the validity and enforceability thereof, mainly concerning the specific obligations of the parties, penalties, applicable jurisdiction and law, as well as the economic risks and implications which may arise from breaches thereof.
Investment schemes, co-investments or joint ventures, partnerships, companies, trusts, among others.
Statutory audits of both public and private companies, and of transactions in general.
Advice on public and private bids, analysis and interpretation of bid terms and conditions, formulation of questions and clarifications, and assistance in the preparation of proposals.

Creation of the legal and contractual structure for the implementation of different types of businesses in different industries and in all branches of trade.
Legal Opinions and consulting on business and company matters
Financing for the development of businesses, such as real estate and energy projects, among others, including guarantee schemes (local and cross-border).
Debt restructuring
Financing and guarantee schemes related to vessels and aircrafts.
Purchase and sale of both current and outstanding portfolios.
Antitrust, permits, notifications, authorizations, among others.

Energy Practice

The partners and lawyers of BRAQ have wide experience in providing legal advice to Mexican and foreign clients in the planning, structuring, and development of energy projects in Mexico.

Our experience in the energy sector includes:

Structuring of power generation projects.
Regulatory matters and obtaining power permits and contracts.
Negotiation and implementation of agreements related to project financing schemes and structured financing.
Drafting, negotiation, and implementation of specific agreements related to energy projects such as PPAs, EPCs, O&Ms, among others.

Implementation of corporate, contractual, and labor schemes.
Participation in public bids in the Mexican energy sector.
Antitrust matters in connection with power projects.

Real Estate Practice

In BRAQ we provide comprehensive legal advice to real estate companies, developers, and builders in commercial, industrial, residential, and touristic projects. We represent our clients in the acquisition, development, and financing of projects.

We have broad experience in the preparation of real estate purchase and sale and lease agreements for the establishment of large-scale industrial and commercial premises, and in the regularization processes for properties to be leased or acquired.

We also specialize in the creation and implementation of legal structures for medium and high-level touristic-residential developments, such as special condominium regimes, fractional ownership schemes, vacation clubs, timesharing, membership schemes, discount clubs, among others, with special emphasis on the enforceability of condominium owners’ and members’ obligations in order to guarantee the functionality and success of the development.

Our experience in the real estate sector also includes:

Establishment of co-investment or contribution schemes for the creation of developments by means of real estate trusts, business trusts, shareholder agreements, and specific purpose companies, among others.
Creation and implementation of legal structures for fractional ownership schemes through regulated co-ownerships or trusts, vacation clubs, timesharing, tourist memberships, among others.
Infrastructure and real estate trusts (FIBRAs), and real estate companies.
Statutory audits of purchase and lease of real estate.

Acquisitions, including acquisitions by foreign entities and individuals through trusts transferring ownership of real estate property.
Financing for the acquisition of real estate and guarantee schemes.
Acquisitions and leasing of real estate under different modalities.

Corporate Law Practice

Our experience in corporate law is supported by years of work with major Mexican and international companies.

We offer legal advice to Mexican and foreign investors in the design, negotiation, and implementation stages of businesses in the different economic sectors in Mexico, creating necessary legal protections to guarantee the security of our clients’ assets.

Our experience includes:

Creation of specific purpose companies, including SAPIs and SOFOMEs, among others, and the drafting and negotiation of rules for the creation of consortia and joint ventures for the development of energy projects in Mexico.
Mergers and Acquisitions.
Corporate law in general, including purchase and sale of stock, corporate statutory audits, shareholder agreements, mergers and acquisitions, among others.

Preparation of minutes of shareholders’ or partners’ meetings, board of directors or managers sessions, minutes of meetings of trust technical committees and, in general, management of directive functions in all kinds of business corporations, partnerships, and trusts.
Fulfillment of entities’ different obligations, including but not limited to regulatory aspects of the General Law of Business Corporations, Securities Market Law, tax regulations, as well as the obtainment of the permits, licenses, authorizations, and registrations from and before different Mexican authorities and organizations, such as PROFECO, CRE, CNVB, RNIE, SRE, SEGOB, among others.

Public Bids, Concessions, Privatizations, and Administrative Law

BRAQ advises companies that participate in bidding and privatization processes in different economic sectors; we provide legal services during the design, preparation, negotiation, and implementation of these processes. Our experience in areas such as energy, infrastructure, airports, roads, ports and banks, among others, allows us to guarantee the success of our clients’ operations.

Likewise, we have advised the Federal Government as well as Mexico’s local governments on various public and private bid processes, on the creation of laws and amendments to the existing regulations to encourage public-private co-investment processes, and on the determination of legal strategies for a better achievement of their goals.

We have the necessary experience and knowledge to advise our clients on subjects that include the following:

Co-investment projects and public-private partnerships, through service agreements (“APP” or “PPS”).
Public bids related to infrastructure works, acquisitions, leases, and services, including bids called by federal and state governments.

Applying for and obtaining concessions and permits.

Privatization processes, including major transactions in the fields of communication, transportation, infrastructure, railways, airports, roads, among others.

Civil Litigation

BRAQ has broad experience in civil litigation in the following areas

Class actions
Breach of contract disputes
Contractual and non-contractual civil liability.
Copyright infringement liability.
Disputes relating to real estate, personal property, co-ownership and other property rights (including leases, usufructs, uses, habitations, rights-of-way, flowage easements, drainage easements, among others).

Voluntary jurisdiction proceedings.
Family controversies.
Successions.
Letters rogatory for the enforcement of judicial resolutions abroad.

Commercial Litigation

BRAQ has vast experience in commercial litigation before federal and state courts, as well as before arbitration courts. Our services in this area include, among others:

Disputes relating to breach of domestic and international commercial agreements
Disputes relating to international purchase and sale of assets.
Disputes relating to corporate and trust issues.
Disputes relating to insurance, co-insurance, reinsurance, bonds, and other insurance and bonding operations.
Collection of credit instruments and of commercial paper in general.

Enforcement of credit guarantees (pledges, mortgages, trusts, fixed assets, and working capital loans, among others).
Financial disputes (banking operations, insurers, securities market operations with all kinds of financial companies).
Commercial insolvency, bankruptcy, and suspension of payments.
Enforcement of foreign judgments.
In general, any cases brought before commercial courts.

Administrative Litigation

In this area, BRAQ’s services cover a full range of lawsuits derived from relationships between governmental bodies or agencies (whether federal, local, or municipal) and private entities and individuals, including the following:

Amparo proceedings against laws.
Claims filed with federal or local administrative authorities.
Actions for the judicial review of administrative law decisions before both federal and local courts.
Administrative Amparo proceedings.
Tax litigation in all its instances, before federal, state, and municipal authorities.
Negotiation with tax authorities.

Foreign trade litigation.
Controversies and disputes concerning public bids, invitations and direct awards, both domestic and international.
Administrative proceedings in different matters such as environmental law, mining, energy, and the enforcement of Mexican Official Standards, among others.
Consulting.
Expropriations and expropriation reversions.
Governmental officers’s liability.

Property and Corporate Criminal Litigation

BRAQ has wide experience in criminal law and all its areas and branches, particularly in property related issues.

As a general rule, whatever the specific area of legal services provided by BRAQ in criminal matters, our experience and services comprise:

Case analysis.
Legal strategy proposal.
Formalization of the procedure in all its stages.
Enforcement of resolutions.
Preventive legal advice in order to avoid possible disputes.

BRAQ has extensive experience in all kinds of criminal litigation before federal and state courts, and before the different Attorney General’s Offices, at both state and federal levels.

In this area, our legal services include:

Filing of claims and complaints with the different Attorney General’s Offices.
Follow-up on the preparation of the different criminal investigation files and records.
Defense at the District and General Attorney’s Office.
Follow-up on the processing and attention of cases until their final conclusion.
Follow-up of processes at both the assistance and defense levels.

Amparo proceedings before District Courts, Single-Judge Courts and Collegiate Circuit Courts.
Consulting, processing, and follow-up in all aspects related to criminal matters, including but not limited to financial crimes, property crimes, tax crimes, liability of public officials, crimes against the administration of justice, crimes related to copyrights, patents and trademarks, environmental crimes, among others.