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Alfonso Martinez Bejarano

Alfonso Martinez-Bejarano

Partner
Baker & McKenzie Abogados, S.C.

Biography

Alfonso focuses his practice on financial technology (Fintech), regulatory compliance and real estate finance (including syndicated loan facilities). He regularly advises Fintech companies (local as well as multinationals) on regulatory and transactional matters, including e-wallet platforms, crowdfunding entities, online lending B2B platforms, digital banks, card payment processors (aggregators and acquirers), cryptocurrency exchanges and comparison product and services platforms. He also works on the negotiation of loan facilities, and their security interest documents.

Practice Focus

Alfonso is responsible for the Baker McKenzie team in charge of preparing and filing applications with the National Banking and Securities Commission (CNBV) for e-wallet platforms, crowdfunding entities and regulatory sandboxes under the Mexican Fintech Law. That team submitted 2 out of the 60 e-wallets applications filed nationally with the CNBV, before the deadline of September 25, 2019, for such entities to be considered under the transitory regime of the Fintech Law.

In his capacity as compliance officer, Alfonso designs and supervises the implementation of AML Manuals and internal control structures of regulated financial institutions. He also coordinates annual AML audits on their behalf.

Representative Legal Matters

  • Advised a multinational platform that processes payments for e-commerce companies and issues open loop and closed loop e-wallets, which is ranked no. 1 among the 11 biggest Fintech companies in the USA, for the compliance of its regulatory obligations, as a card payment processor (agregador) with the Bank of Mexico and CNBV.

  • Advised the largest card payment processor (agregador) in Mexico by number of transactions (for companies such as Spotify, Uber and Airbnb), from Netherlands, in connection with its regulatory compliance and contractual matters in Mexico.

  • Advised the largest global merchant acquirer, in connection with transactional aspects of their card payment processing activities in Mexico.

  • Advised a Mexican challenger bank in connection with the acquisition of a majority interest in a regulated Popular Financial Institution (SOFIPO).

  • Advised a French Fintech on the preparation and filing of its e-wallet application with the CNBV, to them to continue to operate as an electronic payment funds institution in Mexico.

  • Advised a Silicon Valley Fintech on the preparation of its e-wallet application filed with CNBV, as well as on the implementation of its e-wallet platform in Mexico, including its negotiations with its potential banking partners.

  • Advised a global comparison platform, from New Zealand, on the legal and regulatory registration requirements for its escalation in Mexico, as a third specialized information technology entity with an application programming interface.

  • Advised a Mexican Fintech that grants online financing to the general public, in connection with the regulatory provisions applicable to the development of a new online credit product, which uses credit cards as means for disbursements.

  • Advised several financial institutions (banks, private investment funds, pension funds, among others), to structure, negotiate and close credit transactions.

  • Advised several payment processing aggregators regarding their regulatory compliance requirements, as well as to negotiate on their behalf payment processing services agreements with acquiring banks.

Professional Associations and Memberships

  • New York University Alumni Association - Member
  • Asociación Nacional de Abogados de Empresa - Member
  • Asociación de Agregadores de Medios de Pago - Member of the Regulatory Committee

Admissions

  • Mexico (2006)

Education

  • Universidad Panamericana (Fintech Law Certification) (2019)
  • Universidad Panamericana (Fintech Law Certification) (2018)
  • Mexican Banking and Securities Commission (Certification as Anti-Money Laundering Compliance Officer) (2016)
  • New York University (Master in Corporate Law) (2010)
  • Universidad Autonoma de Ciudad Juárez (Bachelor in Law) (2006)

Languages

  • English
  • Spanish

Previous Offices

  • Juarez
  • Co-author, "Crowdfunding, electronic payments and sandboxes," El Economista, 2018

  • Co-author, "Fintechs are growing," El Universal, 2018

  • Co-author, "Mexico: Trends & Developments," Banking and Finance: Chambers Global Practice Guides, 2016

  • Co-author, "Consideration and Acquisition Finance: Mexico: International Joint Ventures," Thomson Reuters / Practical Law / International Acquisitions Transaction Guide (Mexico,) 2016

  • Co-author, "Deadlock and Termination: Mexico: International Joint Ventures," PLC Cross-border International Joint Ventures Transaction Guide, 2013