Simon Micha Kurc
Simon Micha Kurc joined White & Case in 2012 and has focused his practice in the areas of capital markets, banking and securities, corporate law, and mergers and acquisitions.
Simon has participated in several transactions within the capital markets area, such as securities offerings (CKDs, debt, structured debt and warrants) and securitizations, and has provided legal advice to a wide variety of clients, including local companies, public entities of the Mexican Government, international companies, banks, underwriters, brokers and other financial institutions.
Representation of Fondo Especial para Financiamientos Agropecuarios (FEFA) in two pink bond issuances (FEFA 20G and FEFA21G) of debt certificates under his current issuance program as a recurrent issuer. The issuance of the pink bonds was characterized as a social bond with a gender perspective whose resources were used to finance women's projects that met the eligibility criteria and aligned with the Social Bond Principles of 2020 and 2021, respectively, established by the International Capital Market Association (ICMA). The FEFA 20G issuance was the first pink bond in Mexico and the first of its kind in Latin America.
Representation of Architect Capital Asset in various as lender in structured loan facilities to Mexican start-ups to finance eligible receivables. The loan facilities are typically granted through an intermediary vehicle, in the form of a Mexican special purpose financial institution (SOFOM). The borrower is typically a Mexican originator of receivables through fintech apps other technology devices. Architect is a California-based fund that focuses on specialty credit investments in technology-enabled companies in Mexico and other jurisdictions in Latin America.
Representation of Mac Health, on the update of its first debt issuance program to increase the amount to up to MXN 3 billion. I also advised on its second issuance under the program, of MXN 1.5 billion at a floating rate of TIIE (Interbank Offering Rate in Mexico). The securities were offered and placed in the Mexican securities market. The debt certificates were listed on the Bolsa Institucional de Valores (BIVA) and registered in Mexico.
Representation of Cetelem, (BNPPPF) as issuer and BNP Paribas as guarantor, to establish in Mexico a debt issuance program for up to MXN 10 billion to offer debt certificates, as well as the renewal of such debt issuance program. Additionally, Simon also advised SGFP in all issuances of debt certificates under such registered CB programs (more than 10 issuances).
Representation of SGFP México, (SGFP), a wholly owned subsidiary of Société Générale, to establish in Mexico a new registered multi-securities issuance program for up to MXN 23 billion to offer debt certificates, structured debt certificates and warrants. Additionally, Simon advised SGFP in all issuances of debt certificates and structured debt certificates (peso and dollar denominated) under such program.
Representation of The Abraaj Group, a leading private equity investor in global growth markets and its subsidiary in Mexico, Abraaj Mexico Advisers, in connection with a ten year offering of CKDs issued by a trust (the CKD Fund) for a total amount of MXN 3.152 billion (approximately US$188 Million).The Abraaj-managed CKD Fund provides growth capital investments to Mexican mid-cap businesses. The investors in CKDs include several Mexican private pension funds, insurance companies and high net worth individuals. Additionally, Simon advised the CKD Fund in day to day regulatory matters, including the CKD’s Fund capital calls.
Representation of Ficein Unión de Crédito (Ficein) in the authorization in Mexico of a MXN 2 billion trust certificates program and in its first loan portfolio securitization for MXN 400 million, under the mentioned program. The issuance was executed through a SPV in the form of a Mexican trust in which Banco Invex acted as trustee. The trust certificates are listed on the Mexican Stock Exchange and registered in Mexico.
Represented Active Leasing, (Active Leasing) in the authorization in Mexico of a MXN 2 billion trust certificates program and in its first asset leasing (cars) securitization for MXN 250 million, under the mentioned program. The issuance was executed through a SPV in the form of a Mexican trust in which CIBanco acted as trustee. The trust certificates are listed on the Mexican Stock Exchange and registered in Mexico.
Represented BlackRock Inc. in the acquisition of Infraestructura Institucional, (I Cuadrada), a Mexican leading independently managed firm in Mexico which invests across a broad range of infrastructure projects in Mexico. The transaction required certain regulatory and corporate approvals, including antitrust clearance.
Mexico Securitization Q&A, The Legal 500 Country Guides, 2021 and 2022 (Co-author with Vicente Corta and Juan Antonio Martín)