Clarity in the law, a means of upholding the Rule of Law.

Recently, we had the honor of our founding partner, Rafael Giménez, being named one of the best lawyers in Mexico in the Top Lawyers 2022 list published by Editorial E-A. Below, I share a transcript of the article they published about our firm, Giménez y Asociados Abogados S.C.

The founder of Giménez & Asociados Abogados noted that the country is in an optimal and crucial moment for companies to market the products and services they offer both within and outside their borders. The various International Free Trade Agreements that Mexico has entered into, in conjunction with its geographical situation, position the country as the primary partner on the continent for expanding trade relations.

In light of the global economic situation during these pandemic times, Lic. Rafael Giménez commented that companies cannot wait for economic recovery; rather, the solution lies in addressing the new challenges that arise, particularly emphasizing the need to strengthen Corporate Governance. He urged that the Board of Directors must be consolidated with well-prepared and active members capable of making informed and reasoned decisions, as the actions taken in the present will have a significant impact on the short, medium, and long-term future.

It is not the time to rely on trial and error; it is time to be assertive. It is essential to maintain the financial health of the company by establishing policies for extending credit to business partners and not to overextend the debts incurred, in order to avoid collapsing financial flows and to meet payment obligations.” , he stated.

On the other hand, addressing the historical reality of the country, the expert noted that the Legislative Branch has published a large number of laws and reforms in the last decade that at times lack clarity. He commented that this phenomenon is likely due to the fact that during this period, three different political parties have occupied the Presidency, each with distinct ideologies and public policies for governing the country. He emphasized that the interpretation by legal advisors must be clear, precise, and reasonable to ensure that, in the event of a dispute, commercial activity is not hindered.

“The role of lawyers in companies consists not only of defending against disputes but has expanded to include preventing contingencies by ensuring compliance with current legal norms and preparing for those that are about to be enacted. Lawyers must prioritize legal certainty to provide the stability that the company requires and serve as a resource to help them generate greater benefits,” he stated.

The firm has distinguished itself through its active participation in academic forums at the most prestigious universities and by sharing its viewpoints and comments in various media outlets. ‘Our involvement with companies is important, as is the professional and social responsibility that commits us to remain in constant study and research of the subjects we address,’ he declared.

When asked about the role of authorities, he indicated that it should not be limited solely to the publication of laws but should also ensure their effectiveness by enforcing compliance among citizens. He emphasized that interaction with businesses is fundamentally important, stating, ‘I believe that compliance with the law fosters private investment and fair competition. among economic agents. The capitalist economy is not a zero-sum game; it is a game that, although aggressive, allows everyone to win when played with fair rules. ,” he indicated.

Regarding the new legal regulations, the director of Giménez & Asociados Abogados emphasized that the reforms to Outsourcing, now also referred to as Insourcing or Specialized Services, represent an issue that has been developing since the 1980s. He added that with the current labor reform, the compliance obligations for all companies under the regulatory provisions are clearer, and those who fully comply with the law will undoubtedly have greater business opportunities by providing the services that the non-compliant companies have left vacant.

He concluded by stating that recent technologies are new mechanisms that allow for the provision of more financial services to users, indicating that with increased competition, there will be greater benefits. However, he cautioned that these must be handled with utmost care due to their novel nature.

Areas of Practice

  • Corporate Law
  • Corporate Governance
  • Commercial Lawsuits
  • Intellectual Property

Click to view the article in the Tops Lawyers 2022 magazine (pages 278 and 279).

If you need legal advice for your company, do not hesitate to contact me.

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About the Author: Mr. Rafael Giménez Camacho is a graduate of the Universidad Iberoamericana in Mexico City and holds a Master’s degree in Commercial Law from the Escuela Libre de Derecho. He taught Commercial Law and Commercial Procedural Law for four years at the Instituto Tecnológico de Estudios de Monterrey Campus Estado de México, has given lectures at the International Congresses of the Universidad Panamericana since its inception, as well as at other universities, was appointed in 2010 an honorary member of Phi Delta Phi Chapter Ignacio Burgoa and is continuously consulted by various media mass communication in periodical publications and radio and television media. He is a founding partner of Giménez & Asociados Abogados, SC, a firm where he has practiced for twenty-one years and is a member of the Board of Directors in various companies of great national importance.

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