José Luis Arce Fernandez
Jose Luis Arce is based in our Mexico office. He specialises in corporate/M&A, commercial, real estate and construction law, advising major contractors, professionals, and subcontractors on a wide range of projects.
Jose Luis’ experience includes international transactions in Mexico and the United States. He has given legal assistance drafting, reviewing, negotiating and advising on the terms of contracts for architects, contractors, subcontractors, developers and financial groups.
His expertise in Insurance and Reinsurance covers a wide range of regulatory, organizational, operational, transactional and claims-related matters, both in day-to-day matters and in special projects, including:
- Representation of Mexican insurance companies (including subsidiaries of major multinational insurers) in corporate and regulatory matters, including licensing, financial and solvency regulations; investments, corporate governance, anti-bribery and anti-money laundering measures, compliance and reporting and general operational requirements;
- Representation of foreign insurers in the establishment of their Mexican operations and in the acquisition of and joint ventures with Mexican insurance companies, including performing extensive due diligence work, obtaining necessary regulatory approvals, drafting and negotiating agreements and performing tax, real estate, labor, securities and other legal analysis required as part of an acquisition;
- Advise on cross-border trade in insurance and insurance-related services;
- Representation of Mexican insurers in a variety of day-to-day and high-end operational matters;
- Product development including, among others, direct marketing arrangements with major Mexican credit card operators and retailers, implementation of reinsurance arrangements and broker incentive plans, drafting and negotiating agreements with hospitals for medical attention under health and accident insurance, implementation of foreign currency coverages, and, in general, development and registration of policy forms for all types of coverages;
- Advise on claims and coverage issues;
- General regulatory transactional and corporate work for foreign reinsurers and Mexican insurance-related entities.
Furthermore, he advises clients on the functional aspects of insurance operations and is experienced in dealing with administrative authorities such as the Ministry of the Treasury and Public Credit (Secretaria de Hacienda y Crédito Público), the National Insurance and Bonding Commission (Comisión Nacional de Seguros y Fianzas) (“CNSF"), the National Commission for the Defense of Users of Financial Services (Comisión Nacional para la Defensa de los Usuarios de Servicios Financieros) ("CONDUSEF"), and the Ministry of Health (Secretaria de Salud).
Jose is currently applying before the Insurance and Reinsurance Practice Group to become registered with the Registry maintained by the National Insurance and Bonding Commission to become a legal expert qualified to issue legal opinions and consistency opinions (análisis de congruencia) required for the registration of insurance products with said Commission. Jose has been active as speaker in specialized insurance forums and universities. He is constantly publishing legal articles on insurance and reinsurance and financial related topics in specialized publications, and he is an active members of the Mexican Chapter of AIDA, the Asociación Mexicana de Derecho de Seguros y Fianzas (Mexican Association of Insurance and Bonding Law) ("AMEDESEF").
Jose Luis' experience also includes:
- Advising insurance companies in regulatory aspects arising from the day-to-day operations;
- Representing insurance companies in the incorporation of a wholly-owned Mexican Life insurance company;
- Working with other DAC Beachcroft offices providing legal opinions on insurance and reinsurance coverage’s issues, mainly in aspects of the Mexican law applicable to the respective insurance and reinsurance contracts;
- Representing on an on-going basis Axa Seguros, Zurich Mexico on insurance and reinsurance claims and coverage issues;
- Representing insurance companies in administrative proceedings and disputes against and negotiations with the Mexican Insurance Commission;
- Representing on an on-going basis several foreign reinsurance companies, registration as foreign reinsurance companies in Mexico for the underwriting of Mexican risks; if applicable in the establishment and operation of their respective offices in Mexico; in the development of their products; advising them on claims and coverage issues (JLT, Reasinter, Summa);
- Representing insurance and reinsurance brokers in corporate, corporate governance, compliance, regulatory, product development, and intellectual property and tax matters. (AON, JLT, Sterling Re, Summa); and
- Advising various Mexican insurance companies in the implementation of the Mexican Personal Data Protection Law (Ley Federal de Protección de Datos Personales en Posesión de los Particulares) into their operations.