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FINANCE AND BANKING / by Miguel Gallardo Guerra In an increasingly interconnected and regulated world of finance, compliance has become a fundamental cornerstone not only for financial institutions but also for organizations across all sectors. Due to the growing complexity of regulations and pressure from regulators and society, these entities must adhere to both local …

FINANCE AND BANKING / by Miguel Gallardo Guerra Global financial regulation refers to the rules and standards that govern the operations of banks and financial institutions in multiple jurisdictions. These regulations are designed to ensure the financial system’s stability, protect consumers, and prevent fraudulent practices or systemic risks. The main components are highlighted below: a) Basel …

FINANCE AND BANKING / by Miguel Gallardo Guerra Cross-Border Banking has become a standard practice for businesses and individuals seeking financial services in various jurisdictions in an increasingly globalized world. Nevertheless, banks and financial institutions worldwide must tackle the complex legal challenges related to compliance that come with this growth. 1. Complexity of Regulatory Frameworks …

FINANCE AND BANKING / by Miguel Gallardo Guerra Stock tokenization, or the creation of digital representations of stocks in a corporation, is an innovation in finance that is beginning to capture the attention of entrepreneurs and legislators alike. The following is a detailed analysis of the validity and legal basis of this practice in Mexico …

FINANCE AND BANKING / by Miguel Gallardo Guerra The demand for frictionless payments is revolutionizing the payments industry, driving major technology companies to develop innovative solutions that simplify and accelerate transactions. However, this development also attracts increased regulatory scrutiny as authorities seek to close the gap between regulated financial institutions and technology payment suppliers.  Frictionless …

FINANCE AND BANKING / by Miguel Gallardo Guerra The adoption of new technologies in the financial sector has significantly increased risks and vulnerabilities. Cybernetic and operational resilience is becoming a priority for financial institutions, driven by regulators imposing higher standards to protect financial infrastructure and maintain customer trust.  The Importance of Cybernetic and Operational Resilience …

FINANCE AND BANKING / by Miguel Gallardo Guerra The adoption of artificial intelligence (AI) in the financial sector is rising, significantly transforming how financial institutions operate and deliver services. However, this technological revolution also brings several ethical and legal challenges that must be approached carefully. Benefits of AI in Financial Services AI offers numerous benefits …

FINANCE AND BANKING / by Miguel Gallardo Guerra The transition from open banking to open finance marks a paradigm shift in the global financial sector. This move promises several significant benefits but also introduces greater complexity regarding regulatory compliance and data security. The legal implications of this development and how financial institutions can prepare themselves …

FINANCE AND BANKING / by Miguel Gallardo Guerra The crypto-asset industry continues to evolve rapidly, and the regulatory environment is becoming increasingly complex. In 2024, a significant increase in the regulation and supervision of these assets is anticipated, driven by the growing interest of institutional investors and the development of specific regulations in key markets. …

FINANCE AND BANKING / by Miguel Gallardo Guerra The fintech landscape is transforming significantly with the widespread adoption of digital marketplace infrastructure. This development, driven by substantial investments from new entrants and established financial institutions, aligns with the evolution of blockchain-based payments and Central Bank Digital Currencies (CBDC). Understanding the legal challenges and opportunities accompanying …

FINANCE AND BANKING / by Miguel Gallardo Guerra Mexico’s fintech sector is at a crucial crossroads due to the implementation and regulation of open finance, a framework that promises to significantly transform the country’s financial environment. However, the National Banking and Securities Commission (CNBV) has faced several legal and operational challenges that have caused delays …

FINANCE AND BANKING / by Miguel Gallardo Guerra The Fintech industry in Mexico is experiencing a phase of consolidation and growth, marked by strategic corporate actions aimed at bolstering companies’ market positions. An important instance of this trend is the Mexican fintech Ziff’s purchase of the digital lending start-up Arrenda. These acquisitions raise several legal …

FINANCE AND BANKING / by Miguel Gallardo Guerra The fintech industry in Mexico is continuously changing due to the need to enhance financial inclusion and use the opportunities presented by emerging technologies. One of the most promising areas in this context is access to personalized credit facilitated by open finance. This innovation is not just …

FINANCE AND BANKING / by Miguel Gallardo Guerra The rapid growth of the fintech sector in Mexico in recent years has been driven by the need for financial inclusion and the adoption of innovative technologies. The National Banking and Securities Commission (CNBV) is implementing secondary regulations for open finance, which are set to redefine the …

FINANCE AND BANKING / by Miguel Gallardo Guerra The COVID-19 pandemic has accelerated the adoption of flexible work plans within the legal sector, encompassing remote work and hybrid models. This shift has prompted a re-evaluation of traditional law firm operations, favoring more agile and efficient structures. In the Mexican legal landscape, flexibility and the integration …