Cross-Border Transactions

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By Jerry Gumpel, Jeralin Cardoso and Larissa Calva-Ruiz

Introduction:

The type of transaction and the purpose behind the transaction will largely shape the focus of the due diligence process. Due diligence is about uncovering hidden risks and reducing further exposure. Whether the transaction involves the sale of a company or the purchase of assets, it is imperative to determine what you, as the Purchaser, are seeking to get out of the deal and to structure the due diligence review in a manner that will further such goal. The location of the company or the assets being purchased will also impact the due diligence process by determining which laws will govern your review.
 Continue Reading Cross-Border Transactions: Notable Differences in Due Diligence

By Margaret Mann

The globalization of the world’s business activities and the nearly universal adoption of capitalism as the world’s economic system have led to two related phenomena.   The first is the need for effective national economies to enact an effective bankruptcy law. Capitalism rewards the taking of risk, and the taking of risk leads to inevitable failures. The more efficiently the applicable bankruptcy system frees the assets trapped in a failed capital structure, the more economic growth can be generated from the asset. China, Mongolia, the Czech Republic are among the emerging economies that have realized this phenomenon and recently adopted a new bankruptcy law.
 Continue Reading Chapter 15 of the Bankruptcy Code – How International Businesses Cope with the Realities of Capitalism

By Mr. London, London Group Realty Advisors

Baja California’s easy access, proximity, great weather and warm culture have always attracted Americans to travel to its Mexican next door neighbor. Now, world class housing and hotels, and great real estate value, add to the allure for Americans considering investing or living in Mexico.
 Continue Reading Mexico’s Northern Baja Peninsula Is “Tropicalizing” to suit the needs of Americans

The scope of authority vested in an individual by virtue of his or her position in a US company can be as confusing and unfamiliar to a person from Mexico as the use of powers of attorney in Mexico is to someone from the US. A US person about to form a Mexican company will be asked at the outset to whom powers of attorney will be issued, and the nature of those powers. More often than not US clients will be baffled when these questions are first posed as they will not understand why powers of attorney are required at all, nor will they be familiar with the different forms of power of attorney. Conversely, a Mexican client about to form a US corporation will be just as perplexed when told by her attorney that no powers need be granted and that the officers and directors can perform all required functions by virtue of the authority inherent in their positions.Continue Reading Implicit And Explicit Authority Of Corporate Representatives Differences Between Mexican And US Law

By Beni Surpin, Bram Hanono and Joseph Panetta, CEO, Biocom

Historically, the collaborative efforts between the U.S. and Mexico in the Biotech arena, separate from medical devices, have been at the educational level with informal collaboration projects and student exchanges. One of these, of course, initiated the founding of two well known biotechnology institutes in Mexico. In the late 1970’s, a Mexican scientist named Francisco Bolivar participated in the development of the first genetically engineered protein and the development of the first cloning vectors at the University of California, San Francisco. He, along with Luis Herrera-Estrella, returned to Mexico to co-found and direct the Biotechnology Institute of the National Autonomous University of Mexico (UNAM) in Cuernavaca, and the Center for Research and Advanced Studies of the National Polytechnic Institute (CINVESTAV) in Irapuato. 
 Continue Reading Moving Technology Across the Border: The Future of Biotech for the U.S. and Mexico