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Bankruptcy proceedings: myths and realities

We invite you to this talk between our partner Carlos Olvera and Luis Hernández Martínez, founder of Alta Dirección Jurídica, where they will discuss the myths and realities of Commercial Bankruptcy. The event will be broadcast through Facebook Live (www.facebook.com/AltaDireccionJuridica) and Zoom.

To register, please write to: consultanos@altadireccion.com


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INSIGHTS REFORMALIE SITE 2

Lease regime

What is the rental regime? Who can register, what rights and obligations must be fulfilled and how is the rent integrated if it is done through a digital platform? Fundación ProEmpleo invites Ivan Szymanski and Mauricio Barraza to answer these questions.

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CONAGUA announces emergency due to drought in the country

printable version | July 2022

  • More than 50% of municipalities in Mexico face drought.
  • CONAGUA urges people to protect water and suggests that concession holders temporarily and partially cede part of the volume of water covered by their title to ensure domestic use.
  • It is necessary to ensure compliance with concession titles to avoid their suspension, expiration or revocation.

Read full note aqu.

Rachel Ortiz 1

Focus on yourself, make yourself noticed and let nothing stop you

Raquel Ortiz is an associate at the Santamarina + Steta law firm. She has 12 years of professional experience and specializes in providing legal advice on labor and social security matters to the business sector.

Even though significant changes have been made in promoting recognition for women and equality with men, there may be times when we do not feel a direct impact on our work environment.
Raquel Ortiz invites us to identify and recognize all those attitudes, beliefs, practices, ideas and unconscious biases that contribute to this inequality.
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In a country where 51% of the population are women, but only 44% of the total have access to paid work, and where there is also a 27% wage gap compared to men. A country where only 8.7% of positions on boards of directors and 35% of senior management positions are held by women, it is essential to be part of any movement (not to call it a struggle) that seeks to achieve equal pay, equal employment opportunities in all types of positions, and to eliminate the privileges currently granted by being a man. 

However, when we find ourselves immersed in these movements, it is inevitable to find ourselves bombarded with ideas, practices, attitudes, thoughts and unconscious biases, which emphasize our predisposition to believe that, when we look for a job, a leadership position, a salary increase, a flexible schedule, or recognition of our authority, we will be criticized or belittled.

In my opinion, these two factors together are what causes us to not feel a direct impact on our work environment, even though significant changes have been historically achieved in favor of the recognition of women and our equality with men in the workplace.

This is why, considering the privileged environment in which we are fortunate to practice our profession, in addition to inviting you to continue participating in any of these movements, today I propose that you practice taking a moment to identify and recognize all those attitudes, programming, beliefs, practices, ideas, thoughts and of course, unconscious biases, that may be contributing to you not getting the position you want, not asking for the raise you deserve, not speaking up when something is wrong, or not getting the recognition you seek; and once you have done so, you can consciously work to eliminate them from your system.

With this proposal, I do not intend in any way to excuse all the other factors that need to change in the country. My only objective is to make us more aware and responsible of ourselves and our actions in the work environment, in order to capitalize on it for our benefit.

So, my first point is to detox from everything that predisposes you to live in a reality in which you will not be valued, recognized, or in which the men who are part of your work environment will be favored. And mind you, I am not referring only to the comments or thoughts that we have or hear every day; but also to the role that we as women have had in society and to all the parts of our training, which are oriented to not raising our voices, not asking, not defending our opinions and not recognizing and valuing ourselves. Be conscious of it and eliminate it little by little every day.

My next point is to put into practice the second and third agreement from Miguel Ruiz’s book. “Don’t take anything personally.” Remember that we are all part of the same society, in which many practices that we now recognize as incorrect were accepted. Remember that the fight is against the unconscious biases and beliefs that our historical formation has left us, both men and women; not against men. So, as illogical as it may seem to you, it is possible that whoever is having the wrong behavior or attitude simply does not realize it and it is not something against you, which brings me to the agreement of “don’t make assumptions.” When you feel that you deserve something, that you are not being recognized, that you are not being considered, that something is not right or bothers you; do not assume that the person who has the power to decide regarding that, already knows it. Tell them! Don’t just think that it is obvious or that they should have already realized it, make sure you say it expressly and that they listen to you. Yes, it is difficult and most of us are not used to saying things clearly and directly, but on many occasions and as absurd as it may seem, something that is obvious to us is not so to the person in front of us.

So, my last point is dare! Dare to be different, challenge yourself every day, question yourself all the time, don’t be afraid to try something new, don’t be afraid to change direction as many times as necessary, train the voice in your mind to motivate you and be your biggest fan, take responsibility for your “mistakes,” but make sure you turn them into lessons that teach you something and make you grow. Don’t spend another minute thinking about what the world expects from you and focus on what you want, change the “I can’t” for “what do I need to achieve it?” Make sure that nothing stops you on the path you chose, not even your own mind; but above all, never be afraid to shine! 

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Without T-MEC, “it will be like returning to the law of the jungle”

Mexico could be left isolated, without investments and jobs, and facing an imminent economic recession if it leaves the United States-Mexico-Canada Agreement (USMCA).

After asking President Andrés Manuel López Obrador yesterday if he plans to withdraw from the treaty due to the controversy between the United States and Canada on the energy issue, the president responded that, although they are Mexico's main trading partners, he will not agree to give up national sovereignty.

“Even if we are dealing with the most important market in the world (the United States), if having access to that market means giving up sovereignty, we will not accept it. We will not surrender our independence to any foreign government. Furthermore, they are wrong,” said the President.

In this regard, the former president of the Appellate Body of the World Trade Organization (WTO), Ricardo Ramírez Hernández, said that Mexico has turned out to be the biggest beneficiary of the T-MEC.

“The denunciation of the USMCA should be considered twice. Mexico is the biggest beneficiary of the USMCA since it establishes clear rules for trade. Without the USMCA, we return to the law of the jungle, because we must not forget that the WTO mechanism is ineffective,” explained the founding partner of RRH Consultores.

In an interview with EL UNIVERSAL, he commented that Chapter 34 of the USMCA states that if a party intends to withdraw from the treaty, it must submit “a written notification of denunciation to the other parties. A denunciation will take effect six months after a party submits written notification to the other parties.”

For his part, the partner in charge of the transactional area of ​​Santamarina and Steta, Juan Carlos Machorro, said that, taking into account the relationship and interconnection of the economies, it is extremely complicated to abandon the treaty, "because the value chains are interconnected between the partner countries of the treaty."

From his point of view, the most likely thing is that Mexico will lose a panel and have its benefits withdrawn, and that tariffs will be applied to the sectors that hurt us the most, such as auto parts, manufacturing and agricultural products.

If this happens, "what could happen is that the President will entrench himself even more, wrap himself in the anti-Yankee, pro-sovereignty, pro-oil ownership flag; although this does not affect sovereignty or oil ownership," he said.

If we leave the treaty, "we will be foolish sovereigns, because we will be left isolated, without investments, without jobs and with an economic recession that Moody's has already announced... and with an impoverished country," said Machorro.

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He explained that, according to the USMCA, the country cannot modify the opening of the energy sector if it is to close it, nor adopt discriminatory measures against Americans and Canadians to support Pemex or CFE.

“But it seems that the President either does not understand, has not been told or does not want to understand that, despite what Chapter 8 says, the energy sector is protected. It is covered by the treaty in a cross-cutting manner in terms of Cross-Border Trade in Services, Investments, National Treatment, Most Favored Nation Treatment and State-Owned Enterprises,” he said.

For Machorro, the negotiator for AMLO's transition team in the negotiation of the T-MEC, Jesús Seade, "gave the President a run for his money and what he put in Chapter 8 is useless."

Source: El Universal

INSIGHTS UNDER SITE

Kimberly-Clark de México issues stock certificates

Kimberly-Clark of Mexico carried out the first and second issue of long-term stock certificates for the amount of 10 billion Mexican pesos, under the long-term stock certificate placement program authorized for a maximum amount of 16 billion Mexican pesos.

Citibanamex Casa de Bolsa, part of the Citibanamex Financial Group, and BBVA México Stock Exchange, part of the BBVA México Financial Group, acted as placement intermediaries for the transaction.

Santamarina + Steta, with the support of the team led by Diego Ostos, Alejandro Matute and Sebastián Samayoa, acted as legal advisor to the station in this process.

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Generating new plant varieties of berries: a constant challenge

The growing demand for berries requires the development of new and better plant varieties capable of adapting to the conditions in Mexico, meeting the requirements of farmers and the quality and values ​​of consumers. To achieve this, genetic diversity and research, under conditions of legal certainty, are essential, writes Enriqueta Molina.

Read full article here.

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Action Plan to address the emergency caused by the water shortage in Nuevo Leon

printable version | August 2022

  • In response to the emergency in the supply of drinking water for urban and domestic public use in Nuevo León, an immediate action plan was announced.
  • CONAGUA may temporarily use existing water rights in concession titles issued to third parties. It may also temporarily modify or reduce the volume of water that a concession permits to be exploited to guarantee domestic and urban public use.
  • Water concession holders may agree to an agreement that allows CONAGUA to partially and temporarily use the concession rights.

Read full note aqu.

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Water shortage: Actions to address an imminent problem

Water is a vital, non-replaceable resource. Any use or alteration to what is established by the law implies an impact on the entire ecosystem. Given the declaration of a drought emergency in the north of the country, announced by CONAGUA, and the imminent crisis due to the shortage of drinking water in Mexico and the world, it is important to take action to safeguard this resource.

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ETIAS authorization to travel to the Schengen area from 2023

printable version| August 2022

  • As of May 2023, those who currently do not require a visa to travel for tourism or business purposes to the countries that make up the Schengen area will now have to apply for the electronic authorization “ETIAS”.
  • This is an electronic authorization that can only be requested by citizens for tourism or business purposes and whose stay will be less than 90 days.
  • ETIAS authorization will also be required for those passengers entering the Schengen Area solely for transit purposes.

Read full note here.