Nearshoring

Nearshoring in Mexico: Strategic Opportunities and Comprehensive Legal Advice

Thanks to its strategic location and strong commercial agreements, Mexico is consolidating itself as an ideal destination for nearshoring projects. The planning of these operations requires a comprehensive approach in key areas, accompanying companies from various sectors in complying with regulations and optimizing their presence in the country.

What is nearshoring?

Nearshoring has become a fundamental strategy for many companies seeking to optimize their operations.

Mexico is positioned as one of the most attractive destinations thanks to its proximity to the United States. This trend, which involves the relocation of production processes and services to closer countries, responds to the growing need to reduce logistics times and costs, mitigate risks derived from geopolitical instability, and increase efficiency in supply chains.
Mexico has established itself as a prominent destination for nearshoring in part due to its proximity to the United States and its access to both the Pacific and the Gulf of Mexico. However, its strategic location is not its only advantage. Mexico also offers a skilled workforce, a solid industrial infrastructure, and trade agreements that facilitate access to key markets such as the United States and Canada. These factors differentiate it from other, more distant regions, such as Asia or Europe, which, although traditionally they have been important production centers, today present greater challenges in terms of policy, costs and delivery times.

Faced with this scenario, we understand the importance of nearshoring for the growth and competitiveness of companies. However, we also recognize that nearshoring not only opens up opportunities for expansion, but also poses significant challenges from a legal and operational perspective. Therefore, we offer comprehensive advice that covers all aspects: from the incorporation of commercial and civil companies in Mexico, the drafting and negotiation of key contracts, and the implementation of efficient fiscal structures, to regulatory and environmental evaluations of projects, advice on labor law and contracting strategies, and representation in related litigation. Our team accompanies our clients at every stage so that they can efficiently take advantage of the opportunities that Mexico presents in this dynamic environment.
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November 6, 2024

Modelo de Maquila en México: Un Camino de Ventajas y Desafíos

En la era del nearshoring, México ha captado la atención de empresas globales que buscan optimizar sus cadenas de suministro acercando la manufactura a Estados Unidos. Este movimiento, potenciado por las tensiones comerciales entre Estados Unidos y China, así como las disrupciones logísticas derivadas de la pandemia, ha puesto en primer plano al modelo de maquila en México. Con beneficios fiscales significativos y la promesa de reducción de costos, esta tendencia se presenta como una solución atractiva para muchas empresas.
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November 4, 2024

Aspectos Legales Clave para Implementar Nearshoring en México

El nearshoring se ha convertido en una estrategia esencial para que las empresas optimicen sus cadenas de suministro, mitigando los riesgos asociados a las interrupciones globales y mejorando su eficiencia operativa. A través de esta práctica, las empresas trasladan sus procesos productivos y de servicios a países cercanos a sus mercados clave, reduciendo tiempos de transporte, costos logísticos y la exposición a factores externos.
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October 31, 2024

Entendiendo el Nearshoring: México como Centro Estratégico para Empresas Internacionales

El nearshoring se ha convertido en una estrategia esencial para que las empresas optimicen sus cadenas de suministro al acercar sus operaciones a mercados clave. Al trasladar procesos productivos y de servicios a países cercanos, las compañías reducen costos, mejoran la eficiencia logística y minimizan los riesgos asociados a interrupciones globales.
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Our Specialized Services
Corporate: Personalized Corporate Structuring
Corporate: Personalized Corporate Structuring
We offer comprehensive advice on corporate structuring, from the creation of legal entities and the drafting of statutes, to the maintenance of these entities in Mexico. We also support the establishment of representative offices for foreign companies, the management of powers, and the fulfillment of corporate obligations during their operations.
As part of our comprehensive legal advice, we support our clients in: (i) the analysis and design of corporate structures that meet their business and operational needs in Mexico, (ii) the creation of legal entities, including the drafting and negotiation of statutes, agreements between shareholders and corporate governance provisions, (iii) assistance in the entire process of constitution and registration of such entities, (iv) the creation and structuring of representative offices for foreign entities, (v) the management of powers, and ( vi) the corporate maintenance of entities during their operations.
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Fiscal: Tax Planning and Optimization
Fiscal: Tax Planning and Optimization

Within the context of nearshoring strategies, multinational companies and foreign investors must consider various tax implications when establishing their operations in Mexico.

Our team of tax experts offers comprehensive advice on the design, structuring, execution and maintenance of efficient tax structures, as well as assistance in contentious matters with Mexican tax authorities. Within the framework of nearshoring, we have implemented specific tax regimes, such as the maquila model for income tax purposes (Safe Harbor), with clients specialized in the manufacturing industry.

Our clients receive first-rate tax advice in various aspects, including: (i) the creation of tax-efficient corporate structures, both for the start of operations and for a possible investment exit; (ii) continuous advice on compliance with applicable tax provisions; (iii) support and guidance in tax return requests and procedures before the Tax Administration Service of Mexico; and (iv) legal representation and filing of defense resources before the Administration Service Tax Office of Mexico. When implementing nearshoring strategies in Mexico with our team, every fiscal detail of the proposed operating structure is thoroughly considered in our advice.

We advise multinational companies on efficient tax planning for nearshoring operations in Mexico, including the creation of optimized corporate structures, compliance with tax obligations and representation before the SAT. Our team implements specific regimes such as the maquila model, ensuring effective tax planning for industrial operations.
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Labor: Efficient Work Strategies
Labor: Efficient Work Strategies
Our labor law team offers consulting and litigation services in various areas of Mexican labor law, specifically designed to support foreign companies in planning and launching their operations in Mexico. We focus on developing efficient labor strategies that comply with the Mexican legal framework.

In a context of pro-employee labor laws, our team helps companies with training programs for their legal and human resources departments, with the objective of improving staff skills, taking into account the constant labor reforms of recent years. These changes have forced many companies to adjust their corporate structures, redeploy employees, hire outside vendors, and modify employee benefit plans.

Our advice on labor issues has allowed our clients to implement effective preventive strategies, helping them to meet market demands while remaining competitive and cost-effective. In particular, for nearshoring activities, we regularly advise foreign companies of different sizes and sectors in the design of corporate structures, the drafting and negotiation of labor and collective contracts, the distribution of employees and the start of operations in Mexico.
Our team designs strategies to comply with Mexican legislation and supports foreign companies in hiring and redistributing employees. We advise companies in the negotiation of labor and collective contracts, focusing on preventive strategies to minimize risks and optimize costs in the context of nearshoring.
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Real Estate: Security and Efficiency in Property Acquisition
Real Estate: Security and Efficiency in Property Acquisition
We understand the importance of our clients securing strategic properties in Mexico to optimize their supply chains and streamline their logistics processes. Therefore, we offer comprehensive legal advice on a wide range of issues, including: (i) property acquisition, including due diligence, review of property titles, drafting and negotiation of purchase and sale contracts, as well as the formalization and registration of documents as appropriate, (ii) drafting and negotiating leases, (iii) obtaining environmental and regulatory permits, (iv) development and construction agreements, (v) real estate management and (vi) financing and collateralization of real estate assets.

We continuously represent the main owners and operators of class A industrial assets in Mexico, supporting them in transactions related to the acquisition and development of industrial parks, as well as other manufacturing and commercial facilities throughout the country. We also advise our clients on all aspects related to the development and operation of energy and infrastructure assets necessary for their operations in Mexico.
We provide advice on the acquisition, leasing and development of properties in Mexico, from due diligence and title review to obtaining regulatory permits and financing. We represent industrial asset operators in the purchase and development of industrial parks, ensuring that their operations are efficient and safe.
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Energy and Infrastructure: Keys to Operational Development
Energy and Infrastructure: Keys to Operational Development
Access to energy, water, drainage and other services is crucial to the success of nearshoring operations in Mexico. In addition, public infrastructure—such as roads, airports, ports and railways—plays an essential role in the evaluation and development of nearshoring projects, both new and existing.

We have a highly recognized team in the area of energy and infrastructure with extensive experience in all stages of these projects. Throughout the process, we assist our clients in multiple aspects, such as: (i) obtaining permits and licenses from federal, state and local agencies, (ii) drafting and negotiating public and private contracts necessary for projects, (iii) support and communication with the authorities involved, (iv) structuring and negotiating financing documents and (v) agreements for operation, maintenance and other essential services for projects.

We have advised leading companies on large scale infrastructure projects throughout Mexico, such as concessions for international bridges, toll roads, port administrations and railway lines. Our assistance covers all phases of these projects, from structuring and development in collaboration with government agencies to award and funding processes.
We advise on all stages of energy and infrastructure projects, from obtaining permits and financing to the negotiation of public and private contracts. We support companies in the development of large projects in Mexico, such as roads and bridges, facilitating the success of their nearshoring operations.
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Environmental: Environmental Compliance and Risk Mitigation
Environmental: Environmental Compliance and Risk Mitigation
We provide advice on environmental compliance, helping companies manage risks and obtain the necessary permits. Our team offers preventive solutions and works in collaboration with other practice areas to ensure compliance with environmental regulations in large projects.
Compliance with federal, state and local environmental laws and regulations is critical to the success of businesses, business transactions and large scale infrastructure projects. Our environmental team advises companies on the implementation of preventive actions through the development of regulatory compliance programs and personalized legal strategies, aimed at minimizing environmental risks. In addition, our team works closely with other practice areas and clients in due diligence processes, contractual negotiations, environmental consulting and internal legal audits.

Our experience includes all aspects related to the environmental and regulatory environment. From the initial due diligence process necessary to evaluate and make key decisions for our clients' operations, to obtaining environmental permits and authorizations, we support national and international companies in the creation and development of their businesses in Mexico.
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Corporate Criminal Responsibility and Compliance: Comprehensive Legal Protection
Corporate Criminal Responsibility and Compliance: Comprehensive Legal Protection
We advise companies on the prevention of corporate criminal risks through compliance programs and organizational control policies. We defend companies in internal investigations and criminal litigation, covering issues such as corruption, money laundering and environmental crimes.
Our team provides companies with strategic legal advice on matters related to the criminal liability of companies and their governing bodies, as well as regulatory compliance, from the prevention of criminal risks and liability to litigation defense.

We advise our clients on preventive measures through compliance programs, business policies, risk identification, administrative standards and organizational control requirements regulated by the national criminal system and based on international standards. We proactively work to protect our clients on a wide range of issues including corporate integrity, corruption, discrimination, human rights violation, industrial accidents, environmental damage, money laundering, data protection, and oil and gas crimes.

In addition, we offer advice, legal and practical representation in internal investigations and corporate criminal litigation, defending both the company and its management bodies in any accusation that may be brought against it.
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Our Specialized Services
Corporate: Tailored Corporate Structures

We develop and optimize the legal structure that best suits your business needs in Mexico. We assist you in the creation of legal entities, including drafting and negotiating corporate bylaws and shareholder agreements. In addition, we facilitate the structuring of representative offices and manage ongoing corporate maintenance to ensure an efficient and smooth operation.

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Tax: Tax Optimization for Nearshoring

Our team of tax experts advises you on the implementation of efficient tax structures, ensuring regulatory compliance and maximizing the tax benefits available in Mexico. We specialize in specific tax regimes, such as the maquiladora regime, that can be key to the success of your nearshoring strategy.

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Labor: Efficient Work Strategies

We design labor strategies adapted to the Mexican legal framework, ensuring that your team operates in accordance with the law while optimizing labor costs. We help you with the drafting and negotiation of employment contracts, the management of collective agreements, and the implementation of compensation and hiring structures for domestic and foreign employees.

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Real Estate: Security and Efficiency in Property Acquisition

We advise you on every aspect of the acquisition, development and management of key properties in Mexico. From the due diligence and examination of securities to the drafting and negotiation of purchase and lease agreements, our approach is to ensure that you secure strategic locations that optimize your logistics and supply chain operations. In addition, we assist you in obtaining regulatory permits and managing real estate developments.

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Energy and Infrastructure: Seeking Operational Success

We facilitate access to essential services and manage key infrastructure projects. Our team accompanies you from obtaining permits and licenses to negotiating development and operation contracts, ensuring that every aspect of your infrastructure projects is covered for the success of your business

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Environmental: Environmental Compliance and Risk Mitigation

We guide you in complying with federal, state and local environmental regulations, minimizing risks and ensuring that your operations in Mexico are carried out in a sustainable and safe manner. Our team also specializes in obtaining environmental permits and authorizations, as well as defending against legal actions related to the environment.

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Corporate Criminal Responsibility and Compliance: Comprehensive Legal Protection and Risk Prevention

We advise your company on the implementation of compliance programs to prevent criminal and regulatory risks. In addition, we defend you in legal disputes, including complex litigation and representation before authorities in corporate criminal liability cases.

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a successful nearshoring strategy requires a deep understanding of the country's legal and regulatory environment

Having legal advice specialized in nearshoring is essential for companies to maximize the opportunities that Mexico offers. The country's legal and regulatory environment requires a deep understanding to ensure that operations are efficient, profitable and fully aligned with current regulations. It is important to have support at every step, ensuring a successful nearshoring strategy in a complex and changing environment.