José Sifuentes

PARTNER

PRACTICE AREAS:

Mergers and Acquisitions, Private Equity, Real Estate, Banking and Finance, Energy, Compliance and Regulation, Data Privacy, Corporate Law, Commercial Law and Foreign Investment, Bankruptcy and restructuring, Public Procurement,

José Sifuentes, is a recognized corporate, mergers and acquisitions, securities and finance attorney.

He has represented clients in all aspects of the purchase, sale or combination of companies and businesses through various types of M&A transactions.

Mr. Sifuentes also advises creditors, borrowers and domestic and foreign financial institutions in connection with a wide range of transactions, including general corporate lending; purchase and sale of loan portfolios, structuring of credit lines and syndicated loan transactions; acquisition financing; secured and unsecured financing; structured finance; project finance; and financing of assets and specialized machinery and equipment.

In recent years, as Mexico’s energy sector has undergone significant reform, Jose has been deeply involved in the oil and gas and energy sectors. He has advised service providers of the Mexican state oil company PEMEX in its operations in Mexico, as well as other key clients in the sector, including an investment fund focused on oil and gas and one of the largest oil traders in the world. Jose has also been active in the electricity sector, advising domestic and international clients on matters including the negotiation of power purchase agreements and new investments in the Mexican energy industry.

Jose has an outstanding track record advising major domestic and international clients on mergers and acquisitions and other complex corporate transactions in regulated and unregulated industries, including negotiated acquisitions, spin-offs, leveraged buyouts, joint ventures, strategic alliances and corporate restructuring. He has also represented private equity clients in aspects related to the structuring and implementation of investments, and the successful exit through strategic sales; as well as negotiations with their management teams. He is recognized as a leading corporate law / M&A attorney by the key legal publications Chambers Latin America, Legal 500 and Best Lawyers.

RANKINGS AND AWARDS:

– “Best Lawyers” – 2021 – Appointed as “Lawyer of the Year in Mexico”; for private equity transactions. Those who receive high peer reviews undergo an authentication process by Best Lawyers, the world’s oldest rating service for lawyers.

– “Best Lawyers” 2018-2021 – Recognized for its work in corporate and M&A law.

– Legal 500 Mexico, 2017 – New generation lawyer, Corporate and M&A,

– Chambers Latin America, described as “a specialist in Mexican law with the client in mind”. Chambers & Partners, 2018, classified as corporate and M&A.

EXPERIENCE:

More than 20 years of experience in top-level and global law firms.

– Norton Rose Fulbright

Partner (2017 – 2019)

– Nader, Hayaux & Goebel / Jáuregui, Navarrete, and Nader

Partner and Associate (2002 – 2017).

– Gardere Wynne Sewell

Associate, (2001-2002).

AREAS OF PRACTICE:

Mergers and Acquisitions: He has advised domestic and foreign clients on all aspects of the purchase, sale or combination of companies and businesses in regulated and unregulated industries, through various types of M&A transactions, including: negotiated acquisitions, mergers and spin-offs, leveraged buyouts, joint ventures and strategic alliances, and corporate restructurings.
Private Equity: Has represented private equity clients – sponsor investors and management teams in aspects related to fund creation, investment structuring and implementation, and successful exit through strategic sales.
Real Estate: Has advised clients, including multinational and domestic developers, hotel companies and investors, on the legal and regulatory aspects of real estate investments in the commercial, residential, hotel and industrial sectors, through various types of transactions, including acquisition and sale of real estate assets located in Mexico, granting of use, including leasing of all forms of real estate assets, development, management and operation of real estate projects, ownership and operation of hotel assets, creation of condominium regimes and other forms of communal property, creation of fractional ownership schemes, permits and zoning.
Banking and Finance: Has represented multiple domestic and foreign financial institutions and creditors in general, in connection with a wide range of transactions, including: general corporate lending, purchase and sale of loan portfolios, bank lines of credit and syndicated loans, acquisition financing, granting of guarantees and unsecured financing, structured finance, project finance, specialized asset finance. He has advised major Mexican banks and financial institutions with respect to complex, day-to-day regulatory work and contact with financial authorities, including issues of treasury, credit cards, specialized financing products, marketing, etc.
Energy: Has advised some of the main service providers of PEMEX in their daily operations and bidding processes, including offshore platform leases, emergency systems, platform services, maintenance services, plant reconfiguration, among others. He has represented domestic and foreign clients in energy matters, including: power generation issues, negotiation of power purchase agreements, service agreements and the corresponding bidding processes with PEMEX for a wide range of oil and gas related services, including upstream, midstream and downstream activities. Represented participants in Mexico’s Round 1 and 2 for obtaining hydrocarbon exploration and production contracts.
Compliance and Regulation: Has advised Mexican and multinational companies on regulatory and compliance issues related to anti-corruption and antitrust laws, as well as, regulations applicable to specific activities and lines of business. In compliance and regulatory matters, he has advised clients on the development of compliance policies and procedures; including the design, drafting and review of anti-corruption compliance programs, including policies, procedures, training materials, compliance audits, internal audit policies and protocols, and model and form contracts.
Data Privacy: Has advised Mexican and multinational companies and financial institutions on regulatory issues related to data privacy and confidentiality, including the development of specific policies and procedures, the drafting and review of data privacy training materials, and the language and forms of model contracts.
Corporate Law, Commercial Law and Foreign Investment: Has represented a wide variety of Mexican and international clients in corporate, commercial and foreign investment law matters, including support for day-to-day corporate needs (i.e. formation of Mexican subsidiaries and branches, statutory audit, drafting and negotiation of by-laws, maintenance of corporate books, corporate documentation, powers of attorney, all types of commercial and civil contracts, including leases, joint ventures, purchase and sale, construction, among others), as well as large and complex transactions.
Bankruptcy and restructuring: He has advised clients on non-litigious aspects of account recovery, insolvency, restructuring and creditor agreements, including: advice to creditors and companies in financial difficulties, restructuring of credit lines and debt instruments.
Public Procurement: Has advised domestic and foreign clients on public procurement matters with various Mexican public entities (including the Federal Electricity Commission, Pemex, the Ministry of National Defense, the Attorney General’s Office, among others), including public bidding requirements, public contracts (and their amendments), restricted invitations and direct awards, breach of public contracts (both by clients and public entities), termination of public contracts, damages, disqualification proceedings and challenge proceedings (non-conformities).

EDUCATION:

2001 – Lawyer, Instituto Tecnológico Autónomo de México (ITAM), Mexico City.

2015 – Diploma in Energy Law – Law of the New Energy Regime of Mexico Escuela Libre de Derecho – Diploma in Energy Law

ADMISSIONS:

Mexico.

MEMBERSHIPS AND ACTIVITIES:

– Member of the AIPN (Association of International Petroleum Negotiators)

– Vice President of the class of 1998 (ITAM Law School)

– Member of ANADE (Mexican Association of Corporate Lawyers)

LANGUAGES:

-English

-Spanish