Private Equity

SMPS Legal is a full-service law firm with over 10 years of successful, inclusive and ethical multidisciplinary practice. Our top-level partners and associates are known for thinking outside the box

Our Private Equity practice is led by a highly qualified team with extensive experience advising private equity fund managers on all aspects of fund formation and ongoing operations of both the fund and its portfolio companies. This includes Real Estate Investment Trusts (FIBRAs) and issuers of Certificados de Capital de Desarrollo (CKDs). Our lawyers have structured private equity funds using a wide variety of investment structures and strategies.

Our team plays a crucial role in the proper operation, compliance, and management of private equity funds while protecting the interests of investors, businesses, and other stakeholders.

Our advice within the sector incorporates the following services:

The team actively assists clients in structuring and raising private capital funds and other alternative assets, ensuring they remain consistently informed about reporting obligations, capital calls, investments, divestitures, restructurings, partner agreements, and regulatory compliance.

We continuously monitor market trends and fluctuations, leveraging our expertise to understand our clients’ needs, interests, and concerns. This allows us to provide precise, effective guidance to help them achieve their investment goals. Our experts take a dynamic approach to the practice, delivering solutions from both legal and business perspectives.

“SMPS Legal maximizes value generation via a strategic combination of legal experience and a deep understanding of our clients’ businesses.”

Highlights

Advised Mexplorer Capital, as settlor of the trust acting as borrower, in connection with a syndicated mezzanine loan agreement for approximately US$140.0 million entered into with Banco Santander as Agent, for the development of a real estate project in Mexico City.

We advised Fortem Capital on underlying real estate projects. Fortem Capital issued a US$250.0 million CKD programme to be invested in real estate for the development of commercial, residential, industrial and hospitality projects.

Represented AWA Holdings in connection with the formation of a US$100 million private equity fund to make and hold investments in various companies incorporated under the laws of Mexico, Spain and other jurisdictions.

We advised Bocel Private Equity in the fundraising for its first fund of approximately US$100.0 million, participating in the design of the private equity fund, the drafting of all legal documents and the negotiation with the lead investors.

Advised Locfund in connection with three asset-backed loans granted in favour of Mexican SOFOMS Sofipa, Avanza Sólido and Sociedad Financiera Equípate.

Advised Nexxus Capital, a Mexican private equity fund, on its investment in TransNetwork Corporation, a domestic and cross-border B2B electronic payment and processing platform.

Advised Capital Indigo, a private equity fund with a significant presence in Mexico, in connection with several capital calls for more than US$50.0 million under its issuance of trust development certificates “INDCK 18” for approximately US$90.0 million ($1,670 million pesos).

We advised Cimbra Capital in connection with a bank financing issued by Banco Santander for US$9.4 million, which will be used for the development of a residential real estate project in the city of Tijuana, for a 110-unit apartment building. This financing is secured by a pledge on the fiduciary rights corresponding to the land on which the real estate project will be developed.

We advised Inmueble Efectivo on the structuring of a joint venture with Crédito Real, a top 5 consumer lending player, to establish a mortgage lending programme, providing simple and fast lending and disbursement processes.

Advised Nexxus Capital on a US$30.0 million investment in Immunotec Inc, a Canadian company that develops, manufactures and markets nutritional products.

Advised the founding partners of Energía Real, one of the leading companies in the distribution of solar-generated power to commercial and industrial companies in Mexico, on the execution of a strategic alliance with an affiliate of Riverstone, a private equity fund manager focused primarily on energy and infrastructure investments, including renewable energy.

Advised Capital Indigo in connection with $120 million pesos (US$6 million) asset backed loan granted to Compañía Manufacturera Herco.

Advised Bocel Private Equity, one of Mexico’s leading private equity funds focused on accelerating the value of Mexican mid-market companies with an international expansion angle, on several capital calls for more than US$35.0 million ($700 million pesos) under its “BOCELCK 20” trust development certificate issue for almost US$100.0 million ($1,875 million pesos).

We advised Citibanamex Afore on the acquisition of certificados bursátiles fiduciarios in connection with the first issuance under a given programme for an amount in investment units equivalent to US$265.0 million. 0 million issued by Banco Monex acting as trustee of the trust, whose source of payment are the collection rights of the Arriaga-Ocozocoautla and Tuxtla Gutiérrez-San Cristóbal de la Casas, Chiapas highways derived from the corresponding concession title granted to Concesionaria de Autopistas del Sureste.

Advised Capital Indigo in connection with the restructuring of a $200 million pesos (US$10 million) asset backed loan granted to Corporación CLC Solutions.

Advised Capital Indigo in connection with $110 Mexican million pesos (US$5.5. million) asset backed loan granted to Unidad de Personal y Alumnos (EDYEN).

Advised Capital Indigo, a private equity fund with relevant presence in Mexico, in the negotiations for the granting of a US$5.8 million loan to Lácteos Ticoy, a company which core business is the production and sale of cheese, yogurt and ice cream, with important sales to some of the most important brands in that market.