José Ignacio Rivero and Jacinto Ávalos

GC counsels Accial on $40m financing to Kapital

Gonzalez Calvillo has counselled Accial Capital Management, as agent, in the USD $40,000,000.00 financing to Kapital, an innovative multi-service finance company in Mexico with a focus on SMEs, supplier financing and corporate credit cards, to finance the origination of its loan portfolio.

This transaction, closed on 31 August, is further evidence of the continued appetite of foreign and domestic funds to structure warehouse financings in favour of innovative and disruptive Mexican companies, especially in the Fintech sector.

The advisory involved a cross-border matter (with dual jurisdiction in Mexico and New York), in which all business and legal documents and agreements had to be implemented by adjusting and matching different concepts of foreign law within the legal framework of the transaction. In terms of documentation, it was necessary to implement an intrinsic collateral package, which – as usual in warehouse financings in Mexico – is remote from bankruptcy.

Accial Capital Management is a US-based impact technology investor focused on small businesses and credit portfolios in the consumer markets.

Ricardo Fernández Caballero acted as in-house counsel to Accial.

Chávez Vargas Minutti advised Kapital through partner Brian Minutti.

GC’s team was led by partner José Ignacio Rivero Andere (pictured left), with support from managing associate Jacinto Avalos Capin (pictured right) and associate Luis Ernesto Brieño Jiménez.

L Giselle Estrada