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LOCAL GOVERNMENTS

  • Income (fiscal coordination and local contributions):

We have a vast knowledge and experience in this field since, over the past three decades, we have been active in the process of creating, modifying and implementing the applicable laws to fiscal federalism. We have also been responsible for drafting and revising fiscal coordination agreements between states and the Federation, under the context of the National System of Fiscal Coordination. We have also participated in several constitutional controversies in this area.

  • Public spending (local and federal resources):

Our attorneys had direct involvement in the creation and amendment of all the legal framework applicable to federal transfers to states and municipalities (grants, subsidies, programmes). We have issued multiple legal opinions and interpretation criteria confirmation letters in such matters.

 

  • Public indemnes (financing and obligations):

Legal coordinators in the design, drafting, negotiation and implementation of the constitutional, legal and secondary regulatory reforms that rule states and municipalities’ financial discipline. We issued several  legal opinions to clarify to clarify the scope of such legal framework.

 

In DLG Abogados we have implemented several projects considered productive public investments, given our expertise in the subject, we have achieved their successful development and registration.

 

  • Structuring of investment projects:

We have successfully implemented multiple investment projects in infrastructure and public services in different sectors such as roads, real estate, water, among others. As experts in the constitutional, federal and local framework related to public procurement, acquisitions, leases, services and financing schemes, we can offer our clients the best legal and financing alternatives for the successful implementation of investment projects.

 

  • Public-Private Projects:

We designed the Public-Private Partnerships Law at the federal level, which has been replicated as a successful scheme at the local level. In addition, we have participated in the implementation of several large-scale projects derived from this law.

 

Our extensive experience in both the public and private sectors allows us to have a different approach to project implementation. Having worked in different neuralgic areas of the federal government, we have a broad vision of what are the risks and opportunities that may arise in the development of a project and what are the positions that can normally be presented by the authority in the face of such risks and opportunities.

  • Design and implementation of regulations for public policies and programs:

In all the years we have worked in the federal government, we have had the opportunity to design and implement public policies and programs in areas as diverse as social sectors, infrastructure, financial inclusion, telecommunications and energy. As a consequence, the knowledge and experience acquired in this area is extensive.

 

Likewise, at DLG Abogados, we have participated in the design of public policies and programs with the local governments of several states in the country.

  • Design of public institutions, funds and trusts:

DLG Abogados specializes in advising local governments in different matters, among them we have advised on the design and implementation of public institutions such as decentralized agencies, state-owned companies and trusts. As part of the advice on public and private, federal and local financing, we have instituted financial vehicles, funds and trusts to give a transparent and efficient cause to the flow of resources used for different projects.

  • Social Security:

We participated in the social security reform for the public sector (ISSSTE), and it’s later upholding before the Supreme Court, which led to a declaration of constitutionality of the new pension regime. We have deep knowledge about the scope and precedents applicable to the transitory regimes of both private and public social security regimes (IMSS and ISSSTE), their impact on the pension system, as well as the special pension regimes derived from collective (union) labor contracts. Moreover, we have counselled and designed legal solutions in states and local entities debt restructuring process before ISSSTE, along with the process of pledging future federal transfers as collateral; we also designed agreements to regularize the legal relationship between such local entities and ISSSTE, including special clauses to enable the establishment of mentioned collateral to secure obligations.

 

In addition, we have conducted studies on the social security regimes of public servants of the 32 states in our country and coordinated the implementation (PMO) of the change to the investment regime in accordance with the rules of the General Provisions that establish the investment regime to which the Specialized Investment Companies for Retirement Funds (SIEFORES) of one of the main Retirement Fund Administrators (AFORE) in Mexico.

  • Accountability (transparency, accounting, auditing, anti-corruption and administrative liabilities):

Our attorneys were responsible for the legal design of most of the applicable framework to public expenditure.  We have first hand experience in the scope and reach of the Federal Superior Auditing Office new attribution to audit local funds  and its implications in the results found in such audit processes and how to fulfil, overcome or explain observations and recommendations. We have personally advised the States Governors Conference (CONAGO) in the matter.

  • Training and capacity building:

We have imparted courses aimed to inform and explain the national legal framework that is applicable to states and municipalities. Among other spaces, at the Federal Superior Auditing Office, at public administration institutes, in various agencies and entities of local public administrations, and recognized universities and prestigious forums. 

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