Carlos José Muskus Guardia

Carlos is the founding partner of the firm, has more than 18 years of experience as a transactional lawyer, and is licensed to practice law in Mexico and the state of New York; as well as he has taught international law and professional ethics at the business school of Universidad Panamericana, and several courses on regulatory matters on energy and natural resources.

Carlos stands out for his proactivity, great negotiation skills, and for having a practical approach to solving legal and business problems. Prior to founding Muskus Abogados, he worked in some of the most reputable consulting and law firms in the country; where he participated in a wide variety of projects in different industries, which allowed him to more accurately identify and attend his clients’ concerns.

Among such matters, he advised industrial and financial companies on mergers, acquisitions and divestments; structured and negotiated various financing schemes, representing both debtors and creditors; prepared and negotiated consortium and joint venture agreements, for national and foreign investors; participated in the development and financing of power plants; and represented clients in bidding and government contracting processes with different governmental entities.

In addition to the above, Carlos is recognized in the Energy and Natural Resources Practice as a Next Generation Partner by The Legal 500 since 2020, and recommended as an eminent practitioner for Energy Law by The Best Lawyers magazine since 2023.

Below you may find a selection of the most relevant transactions in which he has participated:

Corporate Law and M&A 

• Advised Infrared Capital Partners in the acquisition and exercise of corporate rights for the acquisition of RENERSOL, S.A. de C.V. 
• Advised Maersk A/S in its due diligence and risk assessment process for the acquisition of the shipping company Martin Bencher; specifically in relation with the operations and subsidiaries of such company in Mexico.
• Advised Infrared Capital Partners and Grupo Invex in the acquisition and subsequent sale of companies holding four solar generation facilities in the north of Mexico, with an aggregated generation capacity of 120 MW.
• Legal advice to the Mexican power developer Comexhidro in the sale of the company Energeo-Los Molinos, S.A.P.I. de C.V. owner of the wind farm Los Molinos, a171-MW self-supply project in the State of Tamulipas, Mexico to Thermion Energy.
• Legal advice to CIT Group Inc. in its divestment from Mexico as financial services and leasing company, through the sale of its subsidiaries to Banregio Grupo Financiero.
• Advised Coca-Cola FEMSA in the acquisition of the Mexican bottler Consorcio la Pureza de Bebidas.
• Advised a group of Mexican investors in the sale of its pawn shops to EZCorp.
• Advised Grupo Financiero Banorte in its merger with Ixe Grupo Financiero.
• Provided legal advice to a group of Mexican investors in the sale of a group of pawn shops under the brand “Lana Veloz” to EZCorp.
• Advised the consortium created by Mitsui (70%) and Tokyo Gas (30%) in the acquisition of five power generation plants (2,233 MW) in Mexico from the Spanish company Gas Natural.
• Advised Banorte Grupo Financiero in its merger process with Ixe Grupo Financiero.

Corporate Finance and Project Finance

• Advised Petrobal in a USD $250 million dollars reserve-based loan for the development of the Ichalkil and Pokoch oilfields in the Gulf of Mexico.
• Performed a risk and bankability analysis for the construction and operation of the Rio Cobre water treatment plant in Jamaica.
• Advised Sunflower Bank in the negotiation and execution of several guaranteed loans and guaranteed lines of credit to Mexican clients. 
• Advised the Mexican subsidiaries of Engie in the financing of its Mexican renewable platform, comprised of four solar facilities and two wind farms, with an aggregated generation capacity of 721 MW.
• Advised Banco Santander in a USD $10 million dollar mezzanine finance loan to Grupo Alego for the solar project Puerto Libertad, with a generation capacity of 405 MW.
• Advised a syndicate of commercial and development banks as senior lenders to subsidiaries of Enel Green Power for the development, construction and operation of three solar projects in Mexico with an aggregate capacity of 1,088 MW. 
• Advised Grupo Techint in the refinance of a combined cycle power plant, with a capacity of 900 MW in the state of Nuevo Leon, Mexico. 
• Legal advice to North American Development Bank as senior lender for the construction and operation of the wind farm el Porvenir in the State of Tamaulipas (54 MW) with the renegotiations of the credit and administrative trusts agreements.
• Legal advice to Overseas Private Investment Corporation and North American Development Bank as senior lenders in the refinancing of a 13.6 MW solar generation facility in the State of Chihuahua.
• Legal advice to Abengoa México, S.A. de C.V. obtaining the approval of a short-term bond program for three billion pesos, as well as its first listing and amendments to the program.
• Legal advice to North American Development Bank as senior lender for the construction and operation of a biomass fueled power generation plant in the State of Chihuahua.

Energy and Infrastructure

• Represented several qualified users in the negotiation and execution of power purchase agreements with qualified suppliers of energy in Mexico.
• Advised Ammper Energia regarding the risks and potential negative impact of the reform proposed by President Lopez Obrador to the Electric Industry Law.
• Provided legal advice to end users in the negotiation of agreements for the transportation and supply of natural gas, as well as assisted such end users in follow up activities and filings with the authorities to preserve acquired rights for their transportation capacity in the SISTRANGAS pipelines. 
• Legal advice to multiple companies in the commercialization, distribution and storage of oil refined products in Mexico, on regulatory matters regarding its compliance with the Compulsory Stock Obligations determined by the government, and open and not discriminatory access to storage and transportation facilities.
• Legal advice to providers of materials and spare parts for nuclear facilities in bidding processes and direct awards by CFE Laguna Verde; including the risk analysis of the proposed contracts.
• Represented Mexico Infrastructure Partners in the negotiation of a potential joint venture for the development, construction and operation of infrastructure for oil and gas services in the Gulf of Mexico. 
• Legal advice to a bidder of the Red Compartida Project for the construction, operation and maintenance of a shared telecommunications networked in Mexico in the 700 MHz. spectrum.
• Advised Sub Sea 7 in the public bid for the construction of a deep waters pipeline in the Lakach region.
• Advised a joint venture between an American and a Mexican company, on their contract negotiations and public bids to render services to Pemex with two semi-submergible vessels and a Pemex Flotel.

Real Estate

• Provided legal advice to a group of Mexican investors in the acquisition of various properties for high-end housing developments in Mexico City, as well as reviewed the letters of intent for financing the construction and development of the projects.
• Advised a group of Mexican investors regarding the risks undertaken by such investors with the execution of various financing, sale, and condominium agreements; through which they agreed to supply various services to each of the private units within such condominium.
• Provided legal advice to a developer of wind farms and power plants for the acquisition of the rights of use and ownership of various properties for the development of a project in the State of Tamaulipas.
• Represented several companies controlled by Walmart de Mexico in the negotiation and execution of multiple acquisition and/or lease agreements to develop new stores in Mexico.
• Provided legal advice to a real estate development group in obtaining permits for the use of the federal maritime land zone, adjacent to hotels being developed by the group in several beach location in Mexico.

Internal Investigations and Compliance 

• Conducted due diligence and risk assessment of the regulatory compliance of a major electricity company in Mexico on matters related to its generation permits and supply contracts to off-takers.
• Participated in the due diligence regarding the possible exposure of a major electricity company in Mexico, regarding its compliance with the policies and regulations regarding hiring former government officials after their departure from a government position.
• Carried out, as Mexican lawyer, the internal investigation to identify possible corrupt practices in a Mexican-American joint venture in the oil services industry and its possible exposure to sanctions under the FCPA (Foreign Corrupt Practices Act).
• Participated in a due diligence to identify operations with funds of illicit origin in the acquisition and leasing of aircrafts globally, for an international financial company.
• Participated in the preparation of memorandums and guidelines on activities that in Mexico could be deemed as violating anti-corruption regulations, and its comparison with the FCPA of the United States of America.