Mr Carlos Ramos Miranda

Carlos Ramos Miranda

Lawyer biography

Given his diverse practice, Carlos Ramos Miranda is viewed as a practical, business-oriented, and result-driven counsel who finds creative solutions to complex problems.

Carlos practices general corporate, mergers and acquisitions (M&A), insurance, infrastructure, and energy law in Mexico. He works with clients in many industries on M&A transactions; the Due Diligence Review (DDR) process; negotiating contracts; securing regulatory permits; and post-merger integration issues. He intervenes in important compliance and investigations cases.

In the insurance sector, Carlos is known for his regulatory advice. He sits in the boards of several insurance companies, and advises clients in insurance companies, brokers, and syndicates on corporate, regulatory, and compliance matters. Carlos is currently considered as Band 1 by Chambers and Partners in the practice of insurance law.

Representing infrastructure and energy clients, Carlos advises International oil companies (IOCs), National oil companies (NOCs), and service companies in their transactions and projects. Carlos has participated in more than 20 water projects in Mexico and abroad, and has advised Mexico's national oil company Pemex in the design and implementation of multiple services contracts, incentivized contracts, and, more recently, in Pemex migrations and farm-outs.

Carlos has been a professor at various universities, including Universidad Iberoamericana, Universidad Panamericana, Universidad Anahuac, and ITAM.


Updates

Energy & Natural Resources

Upcoming reporting obligations for oil and gas permit holders
Mexico | 08 July 2019

The Energy Regulatory Commission has received clearance from the Federal Commission for Regulatory Improvement to publish the general administrative provisions (GAPs) that set out the Guidelines for the Statistic Registry of Commercial Transactions Arising from Regulated Activities Performed with Natural Gas and Oil. The GAPs establish the natural gas and oil registry system and provide new reporting obligations for permit holders.

CRE loosens metering obligations for petroleum, petroleum product and petrochemical terminals
Mexico | 13 May 2019

The Energy Regulatory Commission (CRE) recently issued a resolution which has clarified the scope of the general administrative provisions on metering that apply to holders of permits to store petroleum, petroleum products and petrochemicals. In issuing the resolution, the CRE has further relieved applicable permit holders from their obligations to comply with specific requirements.

CFE separation rules relaxed
Mexico | 06 May 2019

The 2013 energy reform ordered the legal separation of the Federal Electricity Commission (CFE) in order to guarantee equal competition for all industry players. Accordingly, in 2016 the Ministry of Energy issued the CFE separation rules to foster open access, efficient operation and competition within the industry. As these rules resulted in several inefficiencies within CFE generation companies, the ministry recently relaxed them in order to maximise resources and reduce power prices for end users.

CRE endorses retailers' use of benefit and loyalty programmes
Mexico | 14 January 2019

The Energy Regulatory Commission recently confirmed that certain business models used by retailers of refined products (eg, diesel and gasoline) are valid and stimulate competition in the market to the benefit of customers. As such, retailers can develop loyalty programmes based on bonuses, credits, subscriptions, memberships or exclusive offers, among other things, to be offered by various petrol stations. However, these programmes must be made available to all customers and cannot be discriminatory.

New president bans fracking
Mexico | 24 December 2018

In his inaugural address, President Andrés Manuel López Obrador confirmed that fracking will be prohibited in Mexico. As Mexico is highly dependent on the natural gas potential of basins located in the northern part of the country, this prohibition will deny it access to resources which it needs to achieve energy sufficiency. Thus, both the executive and legislative branches should instead consider appropriate regulation (rather than a simple ban) that allows for the rational use of oil and gas resources.

New administration confirms suspension of bidding rounds
Mexico | 17 December 2018

President Andrés Manuel López Obrador recently confirmed that bidding rounds organised by the National Hydrocarbons Commission will be suspended for at least three years until the contracts awarded during the previous administration result in effective investment and, most importantly, new oil and gas production. The new president has further affirmed that production will be increased through additional investment in Pemex, which will ultimately result in the national oil company's rescue.

Energy regulatory bodies to lose independence under new government
Mexico | 12 November 2018

A member of the House of Representatives recently introduced a legislative proposal that seeks to amend the Organic Law of the Federal Public Administration. The proposed reform aims to grant the central government significantly more control over the public administration, including with regard to the energy sector. Essentially, the National Hydrocarbons Commission and the Energy Regulatory Commission will no longer be independent from a technical and operational standpoint.

Will Mexico suspend bidding rounds and farm-outs?
Mexico | 15 October 2018

The 2013 energy reform significantly opened up the energy sector to private participation, thus ending the state's decades-long monopoly. However, the newly elected administration has pledged to revisit the reform and grant the state greater control of the sector. Although there have been mixed messages in this regard, the new administration has confirmed that the third bidding round for granting exploration and production licences and share production agreements will be suspended indefinitely.

New president will shift course of energy reform
Mexico | 01 October 2018

Throughout his campaign, and now as president elect, Andrés Manuel López Obrador has sent mixed messages with respect to various core reforms implemented by the outgoing administration, including the energy reform adopted in late 2013. Although the incoming administration has publicly stated that it will reverse the reform where possible, it is likely to adopt a more central position once it takes office and faces the actual challenges that must be overcome.

Insurance

CNSF sets out requirements for fintech ventures in insurance industry
Mexico | 28 May 2019

The National Insurance and Bonding Commission recently amended the Sole Insurance and Bonding Rules to include the process for securing a temporary authorisation to operate as a regulated company in the insurance sector using 'technologically novel models' (ie, tools or technological media that do not exist in the market and help in the rendering of financial services). This process aims to allow start-ups to offer and test novel models without having to fully comply with the applicable legal framework.

Civil liability insurance made mandatory for all motor vehicles
Mexico | 22 January 2019

In 2014 the federal government announced that civil liability insurance would be required for motor vehicle owners who travel on federal roads, avenues and bridges in order to guarantee third parties relief for any damages caused to themselves and their property. This measure was gradually rolled out under the Law of Federal Roads, Bridges and Transportation and, as of 1 January 2019, now applies to all motor vehicles.

Insurers' and bonding companies' obligations regarding sensitive user information amended
Mexico | 02 October 2018

The National Insurance and Bonds Commission recently amended the Sole Provisions on Insurance and Bonds, removing the obligation for insurers and bonding companies to inform the commission when their users' sensitive information is altered, extracted, lost, deleted or suspected of having been accessed without authorisation or compromised. Now, insurers and bonding companies must immediately conduct an investigation and notify affected users of a data breach within three working days.

New government to eliminate private medical insurance for public officials
Mexico | 18 September 2018

The recently elected government administration has publicly announced that it intends to eliminate the private medical insurance currently granted to public officials as part of their benefits. This measure aims to encourage public officials to use state medical services and reduce government expenditure. If the cancellation of this benefit is confirmed, a significant number of officials are likely to seek major medical expenses insurance, which will present an opportunity for various companies in the sector.

Amendment to Insurance Law mandates insurers to offer products for disabilities
Mexico | 14 August 2018

A recent amendment to the Insurance Law has mandated medical expenses insurers to offer insurance products that cover risks which can cause disabilities in individuals. The amendment decree also revised the General Law for the Inclusion of Disabled Individuals, which prohibits any type of discrimination against individuals with any type of disability.

CONDUSEF amends general rules for registry of insurance adhesion contracts
Mexico | 31 July 2018

The National Commission for the Protection and Defence of Users of Financial Services (CONDUSEF) recently amended the General Provisions for the Registry of Insurance Adhesion Contracts in order to specify which additional documents must be included in the contractual documentation of such contracts and registered before the National Insurance and Bonds Commission and CONDUSEF.

CONDUSEF amends rules on good practices, transparency and advertising for insurers
Mexico | 17 July 2018

The National Commission for the Protection and Defence of Users of Financial Services (CONDUSEF) recently amended the General Rules on Good Practices, Transparency and Advertising applicable to Insurance Companies. The amendments have added additional documents to the contractual documentation required for insurance adhesion contracts and provided the form on which insurers must include the registry numbers granted by the National Insurance and Bonds Commission and CONDUSEF.

New minimum capital requirements for insurers in 2018
Mexico | 03 July 2018

The National Insurance and Bonds Commission recently amended the Sole Provisions on Insurance and Bonds in accordance with its annual obligation to inform insurance and bonds companies of the value of the investment unit that they must consider in calculating their required minimum paid-in capital. Insurance and bonding companies must comply with the required minimum paid-in capital every year.

Will Brexit and possible NAFTA termination affect Mexican insurers?
Mexico | 05 June 2018

There has been much speculation around the implications of Brexit and the possible termination of the North American Free Trade Agreement (NAFTA). One of the clear benefits of both NAFTA and the free trade agreement entered into between Mexico and the European Union was the exemption of NAFTA and EU insurers from the foreign investment restriction. However, as this restriction was eliminated in 2014, affiliates of insurers located in NAFTA and EU member states will not be substantially affected.

Insurance regulator updates rules for surety insurance contracts
Mexico | 06 March 2018

The National Insurance and Bonds Commission recently added two new articles to the Insurance and Bonding Sole Provisions which set out new surety insurance contract requirements. Contracts must now include, among other things, confirmation that the insurer is authorised to pay the indemnity for damages without prior notice or consent of the policyholder and that the indemnity may be paid as compensation or as a penalty for the damages suffered.

National Insurance and Bonds Commission modifies regulatory framework for electronic contracting
Mexico | 02 January 2018

In order to prevent the misuse of customer information, the National Insurance and Bonds Commission recently amended the Insurance and Bonding Sole Provisions with regard to information gathered electronically. Among other things, the amendments require insurers to implement security measures and mechanisms for the transfer, storage and processing of information generated electronically when contracting insurance and bonds and rendering other services to customers.

Insurance regulator issues temporary measure for insurers following recent earthquakes
Mexico | 24 October 2017

The National Insurance and Bonds Commission has issued a temporary measure to enable insureds and their beneficiaries to be immediately compensated for damages suffered as a consequence of the recent earthquakes that affected several areas of Mexico. The temporary measure applies to Mexican insurers that have ceded risks to reinsurers and allows them to use funds to meet assumed risks and recover compensation from reinsurers at a later date.

Insurance regulator broadens regulatory framework on reporting standards
Mexico | 19 September 2017

The National Insurance and Bonds Commission recently amended the Sole Provisions on Insurance and Bonds in order to increase legal certainty with regard to the regulatory framework that applies to actuarial, financial and investment functions. These amendments aim to ensure that the commission has the information required to take necessary regulatory action in the event that irregularities are detected and prompt intervention is needed.

Insurance regulator provides 2017 required minimum paid-in capital for insurers and bonding companies
Mexico | 20 June 2017

The National Insurance and Bonds Commission recently amended the Sole Provisions on Insurance and Bonds to provide the value of the investment unit that insurers and bonding companies must consider when calculating their required minimum paid-in capital. Insurers and bonding companies must comply with the required minimum paid-in capital each year to ensure that they can meet their financial obligations and responsibilities in the exercise of their activities.

Surety insurers prepare to commence operations
Mexico | 23 May 2017

Two years after the Insurance and Bonding Companies Law was enacted, surety insurance is finally starting to take effect in Mexico. In essence, surety insurance is easier to collect and enforce than traditional bonds. The federal government is expected to start requesting surety insurance from its contractors, rather than traditional bonds. This shift in policy will encourage development in the surety insurance market.

CONDUSEF issues rules for registration of adhesion contracts
Mexico | 14 March 2017

The National Commission for the Protection and Defence of Users of Financial Services recently issued the General Provisions for the Registration of Insurance Adhesion Contracts, which regulate the organisation and operation of the Registry of Adhesion Insurance Contracts. Insurers can now comply with their obligation to register the non-negotiable contracts that they offer; failure to do so may result in a fine ranging from $758.31 to $3,791.56.

Special fund requirements clarified
Mexico | 13 December 2016

The Ministry of Finance and Public Credit recently issued a ruling interpreting the requirement to establish special funds under the Insurance and Bonding Companies Law. The ministry has clarified that special funds should be established to support compliance with obligations that stem only from insurance (and not reinsurance) contracts. This will ease some of the sector's concerns, as reinsurance-based contributions would have required insureds to contribute twice as much to the special funds.

Insurance regulator modifies accounting reporting standards for 2016
Mexico | 22 November 2016

The new Solvency II accounting and reporting standards deviate dramatically from the prior reporting standards, which makes it difficult for insurers to issue financial statements that can be appropriately compared with similar statements for 2015. In light of this, the National Insurance and Bonding Commission recently issued an amendment to the Sole Regulations on Insurance and Bonding, acknowledging that it is impractical for regulated entities to issue comparative financial statements during 2016.

New minimum insurance requirements for companies engaging in upstream activities
Mexico | 09 August 2016

The Ministry of Environment and Natural Resources recently issued guidelines setting out the minimum insurance requirements for companies undertaking oil and natural gas exploration and production, processing and refining. All regulated entities engaged in such activities must secure civil liability, environmental damage and – if applicable – well control insurance. The insured amounts vary depending on the activities to be undertaken, but are substantive.

Latin-American company authorised to issue credit ratings to foreign reinsurers
Mexico | 31 May 2016

In April 2016 the National Insurance and Bonds Commission amended the Sole Provisions on Insurance and Bonds to include HR Ratings de México, SA de CV as an entity authorised to issue credit ratings to foreign reinsurers. HR Ratings is the first Latin-American rating company authorised to issue such credit ratings, which are necessary for foreign reinsurers working with Mexican insurance and bonding companies.

Regulator determines types of loan that insurance and surety companies may issue
Mexico | 29 March 2016

The Ministry of Finance and Public Credit recently issued general provisions which specify the types of loan that insurance and surety companies may issue to third parties. In doing so, the ministry aims to democratise access to finance, avoid imbalances, promote national economic growth and create another option for debtors to secure credit at competitive rates.

CONDUSEF issues rules on transparency, publicity and sale of insurance products
Mexico | 09 February 2016

The National Commission for the Protection and Defence of Users of Financial Services (CONDUSEF) has issued general provisions to define certain activities that deviate from good practices with respect to the offer and sale of services that insurance entities provide. CONDUSEF's intention is to strengthen the protection of general public interest.

Streamlined mechanisms for insurance regularisation plans and auto-correct programmes
Mexico | 26 January 2016

Given the entry into force of Solvency II requirements in Mexico, the National Insurance and Bonds Commission continues its efforts to streamline internal and external control compliance mechanisms to which insurers are subject. The relevant provisions have been modified to allow regularisation plans and auto-correct programmes to be submitted to the regulator through its website, with the aim of facilitating easier and swifter compliance.

Mexico expands efforts on mandatory car insurance
Mexico | 10 November 2015

Since 2014, vehicle owners travelling on federal roads have been obliged to obtain liability insurance to cover damage caused to third parties or their property. However, insurers report that car liability insurance has not increased as expected. States are now looking into requiring liability insurance for all cars on the roads in their cities. Mexico City is the first to do so.

Insurers face new compliance issues under new law
Mexico | 14 July 2015

The new Insurance and Bonding Law, which implements the Solvency II requirements in Mexico, recently came into effect alongside the new Sole Regulation on Insurance and Bonding. Among other things, insurers must now file periodic regulatory reports using certain forms and templates, which consolidate information that was previously submitted to the regulator through individual reports.

New rules on abusive clauses in insurance contracts
Mexico | 24 February 2015

The National Commission for the Defence of the Rights of Financial Services Users has issued rules regarding abusive clauses contained in non-negotiable contracts used by financial institutions, including insurers. The regulator is now empowered to inspect all insurance products and – where it deems necessary – order the use of a product containing an abusive clause to be suspended.

Coverholders face new registration requirements
Mexico | 11 November 2014

The National Insurance and Bonding Commission has disclosed draft sole rules for comment. One of the changes concerns coverholders appointed by registered foreign reinsurance companies. Under the proposed sole rules, Mexican underwriters will no longer agree to do business with coverholders unless there is evidence that they have been properly registered.

Mexico eliminates restrictions on foreign investment in insurance companies
Mexico | 12 August 2014

Foreign investment in Mexican insurance companies has traditionally been restricted to 49% of capital stock, with certain exceptions. However, the Foreign Investment Law was recently amended to eliminate the restrictions on participation in insurance and surety companies. Foreign investors can now invest up to 100% in such companies, regardless of the investment's country of origin.

Insurers face new challenges as tax reform limits deductions for premiums
Mexico | 01 April 2014

Mexico's recent tax reform may have a substantial impact on insurers, as it limits the deductibility of individuals' insurance premiums. The immediate effect will be numerous cancellations of medical insurance policies and retirement plans, which had previously incentivised long-term savings. Corporations will also face limits on the deductibility of insurance premium payments made as part of employee compensation.

Financial reform protects insureds in insurance claims
Mexico | 17 December 2013

Congress recently passed a financial reform package that substantially affects the sector. Among the changes, insureds will be able to access summary or executory trials for disputes regarding insurance coverage, provided that they first secure approval from the National Commission for the Protection and Defence of the Users of Financial Services.

Compulsory car insurance for federal highways and roads
Mexico | 17 September 2013

The Federal Bridges and Highways Law was recently amended to require automobiles that use federal highways to be insured with coverage for any liability for damages and injuries caused to third parties by the motor vehicle. The amended law is expected to expand automobile insurance coverage across the nation, as only a few states in Mexico have compulsory car insurance policies in their local laws.

Foreign reinsurers face stricter registration criteria
Mexico | 04 June 2013

New internal criteria imposed by the Ministry of Finance and Public Credit are delaying various foreign reinsurers in securing registration or renewal with the Registry of Foreign Reinsurance Companies. While the new criteria are welcome, as they aim to ensure the strength and solvency of the reinsurance market in Mexico, they have nonetheless posed serious problems to many reinsurers.

Insurance sector faces new insurance and bonding law
Mexico | 12 March 2013

Congress has passed a new insurance and bonding law. The new law is intended to strengthen the insurance and bonding system according to international best standards and practices, with special regard for corporate control and governance, capitalisation rules, reserve investment and risk management policies, among other things.

Insurers face new anti-money laundering rules
Mexico | 06 November 2012

As a consequence of new regulatory guidelines, Mexican insurers will face tougher new requirements to assist in anti-money laundering activities. Insurers will need to update their internal 'know your client' policies and systems to ensure that they comply with the new requirements.

Regulator increases requirements for third-party insurance sales
Mexico | 04 September 2012

The National Insurance and Bonding Commission has issued an amendment to the Uniform Insurance Ruling that will require insurers to ensure that service providers hired to sell insurance products comply with the law. Insurers are now required to request evidence from third-party vendors that they have provided proper training for their employees, and that such employees have received certification from the commission.

Legal certainty for medical expense insurance
Mexico | 31 July 2012

The National Insurance and Bonding Commission has amended Section 5.1.24 of the Unified Insurance Ruling related to medical expense insurance. The amendment provides clearer guidelines for insurance companies to follow in regard to their medical expense insurance products. It expressly requires insurance companies to draft policies with clarity and legal certainty for the insured.

Insurers weigh impact of class action legislation
Mexico | 29 May 2012

A package of amendment to various federal laws has given rise to the possibility of filing class actions against insurance companies. These amendments will have a material impact on the conduct of insurance companies in relation to their clients, not only in their promotion, sale and adjustment of insurance, but also in the assessment of coverage policies, as exposure will be increased significantly.

Electronic filing simplifies compliance for insurers
Mexico | 14 February 2012

The Unified Insurance Circular has been amended to require insurance companies to submit statistical information about their activities electronically. The aim of the change is to facilitate delivery and improve the Insurance Commission's access to the information submitted by insurance companies for compliance and surveillance purposes.

Foreign reinsurers face new tax domicile requirement
Mexico | 16 August 2011

In order to undertake reinsurance and rebonding activities in Mexico, foreign reinsurers must demonstrate a satisfactory credit rating and agree to be bound by Mexican law in respect of transactions that are entered into in Mexico or have effects there. However, if the reinsurer is resident in a jurisdiction with which Mexico has a double tax treaty, it must also provide evidence of tax domicile.

Beware restrictions on commission payments
Mexico | 24 May 2011

It is often said that an insurer's most important 'clients' are not its insureds, but insurance agents - an insurer may offer the best product, but it will not be sold unless the agents like it. Commission is paid in various ways, with some insurers being willing to pay commission in advance. However, Mexican law prevents insurers from paying agents for the sale of products before they are sold and paid for.

Non-admitted underwriting issues for foreign insurance companies
Mexico | 15 February 2011

The Mexican insurance market is increasingly attractive to underwriters because of its potential for growth. Many non-admitted insurers offer a wide range of products in Mexico through licensed and non-licensed agents, but although the potential revenues are certainly sweet, the consequences may prove sour.

Unified legal framework facilitates compliance for insurers
Mexico | 08 February 2011

The Circular on Unified Insurance is now in effect. It consolidates the commission's previously issued rules and guidelines on insurance matters, integrating and standardising the relevant terminology, which should make it easier for insurance companies to comply with their obligations. However, various insurance-related decrees are not incorporated into the circular and remain in effect.

Data protection rules for insurers and agents
Mexico | 23 November 2010

The recently enacted Federal Law on Personal Data Protection has prompted many companies to reassess their database management and data-processing activities. However, insurance companies and agents are already subject to sector-specific regulations on the use of information.

Insurers' joint liability for medical malpractice
Mexico | 14 September 2010

A recent Collegiate Federal Court resolution states that where an insurance company requires insureds to obtain medical care from its chosen physicians in a medical assistance network, the insurer can be held jointly liable with the medical professionals. Effective monitoring should be used to ensure that insureds receive a high-quality service. Moreover, indemnity clauses should be included in agreements with physicians.