Benjamin Aguilera

Benjamin Aguilera

Shareholder

Benjamin Aguilera has a wide-ranging background in US corporate, M&A, finance and venture capital matters. In addition, Benjamin has experience in international transactions in Mexico, Central and South America, Spain and Portugal in corporate, M&A, venture capital, finance, anticorruption protocols, hospitality, resorts, commercial and residential real estate, and mining matters. He has also coordinated litigation, tax, intellectual property, labor, and environmental matters in Mexico and Latin America.

His international experience includes representing clients in transactions and issues regulated by NAFTA and other treaties and programs between the U.S. and Mexico; cross-border mergers and acquisitions, including both stock and asset transactions; formation of joint ventures, incorporation of subsidiaries; acquisition, financing, and development of commercial and residential real estate; negotiation of international manufacturing, licensing, and distribution agreements; set up of manufacturing facilities and prosecution of licenses and authorizations under special import-export programs, and representation of a trust fund by a Mexican state government to support exports by small and medium-sized businesses. Ben was born and raised in Mexico. He graduated from college and practiced public accounting in Mexico before he was admitted to practice law in Arizona. Ben is also a licensed C.P.A. in Mexico.

Concentrations

  • International Representation
    • General representation of US Companies with operations in Mexico and Latin America (from conception to exit)
    • Mergers and acquisitions, including both stock and asset purchase transactions
    • Formation of entities in Mexico and Latin America
    • Joint ventures and other strategic alliances
    • Alternative dispute resolution for cross-border transactions
    • Cross-border financing of commercial and residential real estate projects in Mexico
    • Acquisition and development of commercial and residential real estate in Mexico
    • Commercial lease agreements for industrial space in Mexico
    • Set up of manufacturing operations and prosecution of special licenses and authorizations under special import-export programs in Mexico (e.g., IMMEX - Maquiladora Program)
    • Due Diligence for the acquisition of credit portfolios and other asset-backed portfolios in Mexico
    • Manufacturing agreements, services agreements, and shelter agreements between U.S. corporations and Mexican contractors
    • International sale of goods agreements U.S. and foreign corporations
  • U.S. Representation
    • General corporate matters
    • Mergers and acquisitions, including stock and asset purchase transactions
    • Consulting agreements, employment agreements, and confidentiality agreements
    • Distribution and licensing agreements
    • Incorporation and formation of corporations, limited liability companies, and limited partnerships
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Capabilities

Experience

  • Representation of Univision Communications Inc., the Number 1 Hispanic Television Network in the U.S., in the acquisition of a music conglomerate in Mexico for the purchase price of $150MM.
  • Representation of SunBank Group Inc., an Arizona corporation, in connection with the acquisition, financing and development of three real estate projects in Puerto Peñasco, Sonora, Mexico.
  • Representation of Corporativo Hotelero Valle Grande S.A., a Mexican corporation, in connection with financing of mortgage backed paper worth $10MM-$15MM related to a project known as the Princesa de Peñasco in Puerto Peñasco, Sonora, Mexico.
  • Representation of NuPro Innovations, Inc. in connection with a U.S. merger, development of manufacturing operations in Mexico, registration of securities in the U.S. pursuant to the Securities Exchange Act of 1934, and raising $10MM in Europe under Regulation S of the Securities Act of 1933.
  • Representation of NewMark Merrill Companies LLC in connection with a lease agreement with FAMSA, Inc. and a guarantee by Grupo FAMSA, S.A. de C.V., a Mexican corporation, one of the largest furniture retailers in Mexico, for their first store in California.
  • Representation of DAVISCO, S.A.C., a Chilean corporation, in the redemption of all of its interest in AlphaGraphics, Inc., a Delaware corporation.
  • Representation of Advanced Drainage Systems, Inc., a Delaware corporation, in the purchase of a 50% interest in Grupo Altima, S.A. de C.V., a Mexican corporation.
  • Representation of PowerTrusion, Inc., a Nevada corporation, in the purchase of a 50% interest in PULMEX, S.A. de C.V., a Mexican corporation.
  • Representation of Tucson Electric Power Company, a subsidiary of UniSource Energy Corp., in the purchase of a 50% interest in Productos de Concreto Internacionales, S. de R.L. de C.V., a Mexican entity.
  • Representation of Moneda Express, Inc., an Arizona corporation, to secure a money transfer license in Arizona in connection with transfers of money to Mexico.
  • Representation of Compañía Agrícola El Tirol, S.A., a Guatemalan entity, in connection with the sale of coffee for export to the United States to Importadora Exportadora Alamo, S.A.
  • Representation of Sherwood Group (Europe) Ltd., an English entity, in the sale of its Mexican subsidiaries to Birkin International Limited.
  • Representation of Bank One, N.A. in connection with a workout financing of Hacienda Inmobiliaria, S.A. de C.V., a Mexican corporation, guaranteed by a long-term lease of the Mexican subsidiary of a U.S. corporation.
  • Representation of Kuroda Electric USA, Inc., the U.S. subsidiary of a Japanese conglomerate, in the incorporation of a Mexican subsidiary.
  • Representation of B.K. Entertainment in the incorporation of a Mexican subsidiary, negotiation of several joint venture agreements with Mexican entities, and prosecution of a gaming permit in Mexico.
  • Representation of Sumida America Manufacturing Corporation, a U.S. subsidiary of a Japanese conglomerate, in the sale of assets of the electronics division of its Mexican subsidiary to Crydom Corporation.
  • Representation of Sumida America Manufacturing Corporation, a U.S. subsidiary of a Japanese conglomerate, in the sale of assets of the electronics division of its Mexican subsidiary to Crydom Corporation.
  • Representation of The Tech Group, Inc. in connection with an industrial lease agreement for its manufacturing operations in Mexico.
  • Representation of Bula, Inc., a Colorado corporation, in connection with a joint venture for the manufacture of goods by Nina Bruni, S.A. de C.V., a Mexican corporation, in Mexico.
  • Representation of Cragar Industries, Inc. in connection with joint ventures for the manufacture of goods in Mexico, incorporation of a Mexican subsidiary, and sale of interest in Mexican subsidiary.
  • Representation of Western Horizons Resorts, Inc., in connection with the incorporation of a Mexican subsidiary and acquisition of real estate.
  • Representation of Smurfit-Stone Container Corporation in connection with the financing of agricultural equipment to a Mexican corporation with U.S. accounts receivable as collateral.
  • Representation of Core Materials Corporation, a Delaware corporation, in connection with the acquisition of Formitec, S.A. de C.V., the Mexican subsidiary of Airshield, Inc., an Ontario corporation.
  • Representation of Consumer Guaranty Corporation, an Arizona corporation, in diligence and negotiations for the purchase of underperforming loan portfolios held by Mexican banks.
  • Representation of Security National in diligence and negotiations for the purchase of underperforming loan portfolios held by Mexican savings and loans associations.
  • Representation of several persons in acquisitions and sales of residential real estate in Mexico.

Recognition & Leadership

  • The Fellows of the American Bar Foundation, 2016-Present
  • Best Lawyers in America, International Trade and Finance, 2006, 2011-2014, 2018-2019
  • First Tier, Best Law Firms in America, International Trade and Finance, 2011-2014
  • Southwest Super Lawyers, Arizona, International, 2012-2013
  • Arizona’s Finest Lawyers, 2011
  • Martindale Hubbell, Rated AV Preeminent® 4.9 out of 5

°AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are Certification Marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

  • State Bar of Arizona
    • Business Law Section, Co-Chair Executive Council, 2017-2018
    • International Law Section, Chair Executive Council, 2012-2014
    • Securities Regulation Section, Chair Executive Council 2002-2003
  • Arizona-Mexico Commission
    • Finance, Business and Legal Committee, Co-Chair, 2001-Present
  • Teen Addiction Anonymous, Chairman of the Board, 2013-2016
  • Greater Phoenix Chamber of Commerce, Board Member, 2001-2008
    • Executive Committee, Member, 2004-2008
    • Audit & Governance Committee, Chair, 2005-2008
    • Nominating Committee, Chair, 2007-2008
    • International Committee, Chair, 2002-2004
  • Border Trade Alliance, Board Member, 2001-2004
  • American Bar Association, Member
  • Hispanic National Bar Association, Member
  • State Bar of Arizona, Member
  • Arizona Governor’s Latin Advisory Council, Member

Credentials

Education
  • J.D., Texas Tech University School of Law, 1993
  • M.S., Accounting, The University of Texas at El Paso, 1986
  • B.A., Finance, Accounting, Universidad Tecnológica de México, 1982
Admissions
  • Arizona
  • Admitted to Practice Accounting in Mexico
Languages
  • English, Fluent
  • Spanish, Native