by gphadmin | Sep 15, 2022 | Sin categoría
When we talk about institutionalizing a Company, we refer to the adoption of organizations, structures, and processes that provide the company with great benefits, such as plans for continuity, stability, and corporate security for shareholders and investors.
Corporate governance guarantees an adequate application of strategies and regulations that bring with them positioning and stability of a company in the market.
It should be noted that companies, large or small, are, among other things, successful since they maintain a strategic structure in different essential areas such as their shareholders, administrative bodies, management and more.
Among the benefits that we can highlight of having a corporate governance that institutionalizes your company are the following:
- Investors Relationship: if something is important for an investor at the beginning of talks with any company, it is being able to verify that it has structure in its documents, work projects and plans for continuation in the event of a contingency, this gives them security. with your investment and gives you perspective on how the business is going.
- Public Relations: how to act before a media contingency, whatever the situation, is extremely important for any company, since not doing it correctly could be extremely damaging.
- Continuity plan: The continuity of the company is of the utmost importance, both for its shareholders and for potential investors, employees and the economy in general, to have a continuity plan in which there can be transparency in the accountability of accounts, as well as the establishment of responsibilities and obligations for each area are among the objectives of this type of plan.
At GP&H we can support you to carry out an analysis and implement corporate governance that meets the specific needs of your business.
Maria Galaviz
Gloria Ponce de León & Hernández
by gphadmin | Sep 9, 2022 | Sin categoría
Last May 18 of this year, Representative María del Rosario Merlín García presented an initiative so that image creators “influencers” who have a professional activity are declared “audiovisual communication service providers” and are registered with the Ministry of Finance and Public Credit as “Professional Service Workers”, in order to pay taxes if they are paid for the content they disseminate on social networks; this through the addition of Article 32 Bis to the Federal Consumer Protection Law.
This initiative highlights that the videos that individuals upload to social networks every day to highlight some chapter of their daily life or empathize with friends will be exempt from this regulation; likewise, it establishes that for a digital image creator to be considered an audiovisual communication service, it must meet certain requirements such as: it must be an economic service, be a service aimed at the general public, and the function of the content must be mainly to inform, educate or entertain, among others.
The purpose of this initiative is to regulate misleading advertising, which, according to the initiative, has had public repercussions with notorious cases of promotion of anorexia, compulsive gambling or even drug addiction; as well as to regulate the payments received by influencers through different platforms, registering with the Ministry of Finance and Public Credit as “Professional Services Workers”.
Among the obligations of creators in the field of digital advertising that are intended to be added in Article 32 Bis of the Federal Consumer Protection Law are: To have the means of proof that accredit the veracity of the objective afirmations regarding their product or service, prior to its dissemination; To have the authorizations or licenses for the use of distinctive signs or works protected by copyright in advertising; Register with the Ministry of Finance and Public Credit whenever they are remunerated by charging an amount of money and adding the legend #PublicacionPaga in their social networks; among others.
For further information on the note, please contact us.
See the complete Initiative at: https://infosen.senado.gob.mx/sgsp/gaceta/65/1/2022-05-18-1/assets/documentos/Ini_Morena_Dip_Rosario_Div_Disp_Proteccion_Consumidor.pdf
Source: Gaceta del Senado de la República. Retrieved September 07,2022 from: https://www.senado.gob.mx/64/gaceta_del_senado/documento/126048
Mariana Z. Crespo Alcalá.
Gloria Ponce de León & Hernández.
by gphadmin | Apr 28, 2022 | Sin categoría
The new regulations of the National Banking and Securities Commission (CNBV for its acronym in Spanish) were published in the Official Journal of the Federation (DOF for its acronym in Spanish), with which its structure is reorganized to fully integrate the sector of financial technology institutions into its supervision and, in addition, be more punctual in monitoring certain segments of the financial system, for example, the Inter-institutional Committee, provided for in the law to Regulate Financial Technology Institutions, or fintech law, is now recognized as part of this body, and which is fundamental for the authorizations of entities that seek to operate under this regulation.
However, the CNBV as a decentralized administrative body of the Ministry of Finance and Public Credit (SHCP for its acronym in Spanish), with technical autonomy and executive powers, will exercise the powers granted to it by its own Law, the laws relating to Mexican financial system, as well as the other applicable legal systems. In addition, it is detailed that within the administrative bodies that make up said commission, the Inter-institutional Committee is integrated and that it is added to the presidency, vice-presidency, governing board and general directorates of the same.
With the new regulation that will govern the function of the CNBV from now on, there will also be more administrations within this authority. According to the document, there will now be 45 administrations of the agency, when in the previous regulation there were 39. Among the new addresses of the agency are:
- Supervision of Popular Financing Companies B,
- The Supervision of Savings and Loan Cooperatives B, the Prevention of Operations with Resources of Illicit Origin C as well as;
- Supervision of Financial Technology Institutions.
Giselle Villanueva
Gloria Ponce de León & Hernández
by gphadmin | Apr 27, 2022 | Sin categoría
Intellectual capital or the abilities, skills, attitudes, knowledge, and values of those who make up a company have a value and are considered an intangible asset, which is why it is often called “capital or human”.
We have conceptualized intangible assets as anything that could give its owner an economic value, advantage, or benefit of any kind over competitors. Intellectual capital can undoubtedly represent an advantage for a company over its competitors.
As we have stated, the method of valuation of an intangible asset depends on the purpose that the owner has for its valuation, but it could be considered that the guiding axes of the valuation of intellectual capital as an intangible asset are:
- Financial approach that a collaborator may have with the organization.
- Customer service,
- Ability to develop and follow implemented processes or policies,
- Capacity for Innovation and Development and,
- Orientation or human sensitivity.
This factors of the collaborators and the contribution they have to the intellectual capital of an organization are another reason to care for and encourage employees to continue within the company; the constant rotation, the lack of opportunities for growth and improvement have a direct impact on the performance of the collaborators, which reduces the value of intellectual capital.
Lic. María Galaviz.
Gloria Ponce de León & Hernández.
by gphadmin | Mar 28, 2022 | Sin categoría
In business, tangible assets can be included in both non-current assets (such as machinery or buildings) and current assets (such as inventory). A tangible asset must provide reasonably estimable future economic benefits and must be the result of a previous transaction, such as a purchase. However, intangible assets are critical to achieving the bottom line.
If a company’s intangible resources are managed correctly, it can be said that it will achieve a superior competitive advantage over other companies. To be able to manage these values it is important to know them, they are characterized by:
- They lack a physical support. In other words, they are immaterial.
- They cannot be measured or quantified.
- They store information and knowledge that is very useful for the success of the company.
In this sense, among the different types of intangible resources we can differentiate: market assets, which include brands, the company name, consumer loyalty, distribution channels, marketing strategies, among others; Intellectual property assets, i.e. patents, copyrights, designs and/or trade secrets; Human assets, such as religion, education and labor relations. Infrastructure assets such as the company’s corporate culture, financial relationships, business management philosophy, network systems, etc.
In short, and as can be seen, intangible resources are an essential part of any company, since thanks to them a brand value is achieved that better positions the company within its market. For this reason, investment in intangibles such as training, patents and strategies allow a greater competitive advantage capable of generating a greater number of sales.
Lic. Génesis Moyeda Salazar.
Gloria Ponce de León & Hernández
by gphadmin | Mar 16, 2022 | Sin categoría
The term FinTech is an abbreviated conjunction of the terms “finance” and “technology” in English and refers to any business that uses technology to improve or automate financial services and processes.
FinTechs are part of the evolution of traditional business models towards a digital world. It refers to companies that, through new tools and platforms, develop financial solutions and services, which, for example, enable payments, loans, investments, financial consulting, insurance, among others, through digital means.
Some of the benefits of FinTech technology are agility and efficiency in processes.
The Law to Regulate Financial Technology Institutions (LRITF) aims to regulate the financial services provided by the ITFs, their organization, operation and functioning and the financial services subject to any special regulations that are offered or carried out by innovative means and is based in the principles of inclusion and financial innovation, promotion of competition, consumer protection and prevention of illicit operations.
To organize and operate as a Financial Technology Institution (ITF) it is necessary to obtain authorization from the National Banking and Securities Commission (CNBV), prior agreement of the Inter-institutional Committee, which is made up of public servants from the Ministry of Finance and Credit. Public (SHCP), the Bank of Mexico (Banxico) and the (CNBV).
Those interested in obtaining authorization to act as ITFs must be Corporations constituted or intending to be constituted as such, in accordance with Mexican legislation and that in their bylaws:
- Include in their corporate purpose the performance, on a regular or professional basis, of any of the activities provided for in the Law to Regulate Financial Technology Institutions.
- Expressly provide that, in carrying out their corporate purpose, they must comply with the provisions of the Law and its applicable general provisions.
- Establish a domicile in the national territory, and
- Set a minimum capital necessary to carry out their activities in accordance with the provisions of the General Provisions issued by the CNBV, which will be differentiated based on the type of activities carried out and the risks faced.
The legal entities constituted in accordance with the Mexican mercantile legislation, other than the ITFs, the Financial Entities and other subjects supervised by any Supervisory Commission (the CNBV, CONSAR, CNSF and CONDUSEF), with respect to their areas of competence) or by Bank of Mexico (Banxico), must obtain authorization so that through the figure of Novel Models they carry out any activity whose performance requires an authorization, registration or concession in accordance with the LRIFT or by another financial law.
For more information do not hesitate to contact us.
Javier Estrada
Gloria Ponce de León & Hernaández
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