Amendments to the Tobacco Control Act Regulations

On December 16, 2022, the decree reforming, adding, and repealing various provisions of the Regulations of the General Law for Tobacco Control was published in the Official Gazette of the Federation.

The purpose of this regulation is to protect the population against exposure to tobacco smoke in any physical area with access to the public, to establish the guidelines to be observed by those responsible for smoke-free spaces, as well as to implement areas exclusively for smoking. These areas must be located only in open air spaces, in which it is prohibited to provide any service or food consumption, as well as to carry out social activities. Likewise, it seeks to protect personnel exposed to tobacco smoke and to promote actions to reduce consumption, morbidity and mortality caused by such consumption and exposure.

One of the most significant changes in this amendment is the distinction made between the terms "physical area with access to the public" and "open space", with the former referring to any space covered by a roof, with at least two walls, regardless of the material with which it was built and whether the structure is permanent or temporary; and the latter to that which has no roof, is not limited by a wall, regardless of the material and whether the structure is permanent or temporary. Finally, an enclosed space is understood as any space, whether public or private, that is totally or partially roofed between one or more walls, regardless of the material with which it was built, or whether the structure is temporary or permanent and that is a place accessible to the general public or of common use.

As of this regulation, at all entrances to 100 percent smoke-free spaces, administrators are required to post a sign stating: "It is prohibited to smoke, consume or have lit any tobacco or nicotine product". The entrances and the interior of such spaces must have signs indicating to people that it is a 100 percent smoke-free space, signs with warning legends about the non-compliance and the telephone number to file complaints.

For more information please visit the following link: https://www.dof.gob.mx/nota_detalle.php?codigo=5674791&fecha=16/12/2022#gsc.tab=0

Restructuring

Müggenburg, Gorches and Peñalosa's restructuring practice includes representation of corporate debtors, hedge funds, in various industries, etc., in restructuring proceedings and bankruptcy equivalents (insolvency proceedings).

Mergers & Acquisitions

We provide services in acquisitions, sales, mergers, spin-offs, reorganizations and co-investments, representing national and foreign clients operating in various industrial and commercial sectors.

Corporate /Transactional

At Müggenburg, Gorches y Peñalosa we provide legal services in all aspects of corporate law practice. Our group of professionals in this area has years of experience providing services to both national and international clients, with the most diverse needs and the highest standards of demand and sophistication in the service. Among our clientele are leading companies in their sectors worldwide, such as automotive, cosmetics, hotels and tourism, food industry, aeronautical industry, computer programs and systems, suppliers of the oil industry, technology, among others.

We advise our clients on the constitution of Mexican companies (commercial and civil) and associations, attending to the needs derived from the industry and/or commerce segment in which they focus their activities and their medium and long-term plans, also providing services for compliance with the regulatory requirements that may apply, including those derived from direct foreign investment, economic competition and obtaining the necessary licenses and permits for its operation. Our services also extend to the provision of corporate services within the ordinary course of business of our clients, including advice on the preparation, review and negotiation of all types of civil and commercial contracts, and the custody, updating and maintenance of corporate books. . We also provide services related to the opening and management of branches in Mexico of foreign companies.

We represent national and foreign corporate and/or investment groups in the acquisition of, and/or merger with, Mexican business entities, and on other occasions we also represent acquired Mexican entities. In both cases, we provide legal audit services to foresee possible contingencies of the operation, locate areas of opportunity and help determine the value of the company to be acquired. Likewise, in representing the acquirer, we prepare the legal documentation of the operation (specifically contracts for the sale of shares and/or association, with all its annexes and accessory contracts), and we carry out their negotiation with the counterparty. Likewise, in these cases we participate directly in the processing and obtaining of any authorizations, permits, licenses and concession titles required for the operation of our clients, and we advise on notices and notifications to government entities, including notifications of resolutions and opinions of the Federal Economic Competition Commission.

We provide advisory services for corporate restructuring and reorganization, also including international corporate groups with a presence in Mexico. In these cases we have worked in coordination with groups of financial and accounting advisors both from Mexico and abroad, and we have coordinated legal audits of subsidiaries of entities acquired in several Latin American countries (Argentina, Brazil, Chile, Colombia and Peru, among others, with local legal advisers in each case).

We advise on operations of association in participation, "joint-ventures", preparation and negotiation of agreements between shareholders, merger and spin-off of legal entities, establishment of trusts of any type, constitution of guarantees on any type of property, repurchase of shares by of companies listed on the Mexican Stock Exchange, as well as in the structure of purchase option plans and other types of specialized corporate operations.

We also provide services for the development of mechanisms that allow the efficient and effective anticipation and management of potential conflicts between shareholders; in this regard, we have represented groups of shareholders of Mexican companies in the implementation of corporate actions to defend their interests against the rest of the shareholders and the Company itself on internal corporate control issues, generally in coordination with litigation areas in matters commercial and civil.

Depending on each particular project or operation, we rely on other specialty areas of the Firm, in order to provide comprehensive services, under the highest standards of quality and efficiency.

Mergers & Acquisitions

We provide services in acquisitions, sales, mergers, spin-offs, reorganizations and co-investments, representing national and foreign clients operating in various industrial and commercial sectors.

Restructuring (Corporate and Financial)

Müggenburg, Gorches and Peñalosa's restructuring practice includes representation of corporate debtors, hedge funds, in various industries, etc., in restructuring proceedings and bankruptcy equivalents (insolvency proceedings).