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 conventions 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

  • U.S. Representation
    • General corporate matters from inception, growth and financing through exit strategy
    • 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
  • 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
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主要执业方向

主要执业经验

  • International Cruise & Excursions (ICE) Gallery, Inc. in corporate restructuring of subsidiaries in Mexico, general corporate matters of new subsidiaries in Mexico, dissolution of subsidiary in Spain, general corporate matters of subsidiary in Portugal.
  • Eye-Fi Holdings, LLC (an Endeavour Capital portfolio company) in purchase of Southwest Manufacturing Services and Southwest Fabricators’s manufacturing subsidiary in Mexico.
  • Providien, LLC (an Endeavour Capital portfolio company) in general corporate matters of Mexican subsidiary Integra Biotechnical.
  • Urbix Resurces, LLC in private capital raising and general corporate matters.
  • Alerion Capital Group, LLC in investment in Mexican software development company.
  • Pinnacle Aerospace, Inc. in private capital raising and general corporate matters.
  • BBVA Bancomer in lending guaranty of $125M loan syndicate in Arizona trusts.
  • InteGreat Concepts, Inc. in private capital raising, general corporate matters, and sale of entity.
  • Southwest Jet Aviation/SJA, LLC in general corporate matters and sale of entity.
  • Univision Communications Inc., the Number 1 Hispanic Television Network in the U.S., in the acquisition of a music and talent conglomerate in Mexico.
  • Grupo Vidanta (Mayan Palace) in real estate trusts, sales and mortgage program.
  • Zummit Plastics, Inc. in loan financing and general corporate matters.
  • RACAGUS Corporation in investment in Cold Beers & Cheeseburgers franchises in Scottsdale, AZ.
  • SunBank Group Inc., an Arizona corporation, in connection with the acquisition, financing and development of three real estate projects in Puerto Peñasco, Sonora, Mexico.
  • 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.
  • 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.
  • 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.
  • DAVISCO, S.A.C., a Chilean corporation, in the redemption of all of its interest in AlphaGraphics, Inc., a Delaware corporation.
  • 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.
  • PowerTrusion, Inc., a Nevada corporation, in the purchase of a 50% interest in PULMEX, S.A. de C.V., a Mexican corporation.
  • 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.
  • Moneda Express, Inc., an Arizona corporation, to secure a money transfer license in Arizona in connection with transfers of money to Mexico.
  • 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.
  • Sherwood Group (Europe) Ltd., an English entity, in the sale of its Mexican subsidiaries to Birkin International Limited.
  • Kuroda Electric USA, Inc., the U.S. subsidiary of a Japanese conglomerate, in the incorporation of a Mexican subsidiary.
  • 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.
  • 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.
  • The Tech Group, Inc. in connection with an industrial lease agreement for its manufacturing operations in Mexico.
  • 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.
  • 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.
  • Western Horizons Resorts, Inc., in connection with the incorporation of a Mexican subsidiary and acquisition of real estate.
  • Smurfit-Stone Container Corporation in connection with the financing of agricultural equipment to a Mexican corporation with U.S. accounts receivable as collateral.
  • 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.

荣誉和领导力

  • 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 5.0

°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, Chair-Elect Executive Council, 2017-2019
    • 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, 2013-2018
  • 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

资历

教育
  • 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
获准执业地区
  • Arizona
  • Admitted to Practice Accounting in Mexico (1984 - Present)
语言
  • English, 流利
  • Spanish, Native