Lexincorp > Tegucigalpa, Honduras > Firm Profile

Lexincorp
COLONIA LOMAS DEL GUIJARRO SUR
CALLE ROMA, AVENIDA BERLIN
#3 TEGUCIGALPA
Honduras

Honduras > Dispute resolution Tier 2

Central American firm Lexincorp has a thriving arbitration practice in Honduras, with an emphasis on projects and concessions-related disputes, stemming from firm-wide expertise in this space. The team is also noted for its strength in mediation and litigation, including representing municipal authorities and major regional groups in the recovery of unpaid debt and taxes. Honduras managing partner Benito Zelaya leads the practice and enjoys a strong profile in arbitration; he previously shared leadership duties with senior associate Fabian Villeda, who left the firm in May 2023. The capable pool of junior lawyers includes senior associate Max Canelas, who has an emphasis on criminal and financial enforcement litigation, and experienced associate Juan Carlos Benítez, a key contact for the full spectrum of litigation.

Practice head(s):

Benito Zelaya

Key clients

Chuck E Cheese Honduras

Puma Energy

Municipalidad del Distrito Central Tegucigalpa-Comayaguela

Corporación Multi Inversiones (CMI)

Colegio de Ingenieros

Work highlights

  • Defending Entretenimiento y Diversiones, the Chuck E Cheese franchisee in Honduras, in a claim brought by the municipality for unpaid fees relating to the use of games machines on the client’s premises.
  • Representing CMI in a series of debt recovery lawsuits in Honduras.
  • Representing the municipality of Distrito Central (Tegucigalpa and Comayagüela) in a series of tax recovery lawsuits.

Honduras > Energy and projects Tier 2

Thanks to its considerable expertise in PPP law, Lexincorp is frequently sought out by government bodies and investors for advice on the structuring of consortiums for project development and the operation of concession contracts and environmental licences. The firm also advises on corporate, financing and regulatory issues relating to the development of energy, transportation and recycling infrastructure, including the construction of highways and airports. Taking advantage of the firm’s regional structure, Honduras managing partner Benito Zelaya is experienced in advising on projects matters throughout Central America; he leads the practice alongside Engels Zelaya, who is renowned for his expertise in government procurement and PPPs in the energy and infrastructure sectors.

Practice head(s):

Engels Zelaya; Benito Zelaya

Key clients

Empresa Hondureña de Infraestructura y Servicios Aeroportuarios (EHISA)

Genesis Energías

Molden

Work highlights

  • Advised Empresa Hondureña de Infraestructura y Servicios Aeroportuarios (EHISA) on the negotiation of the early termination of its contract with Adimex to operate the cargo terminal of the San Pedro Sula airport, including the transfer of environmental licences.
  • Advising Molden on the set-up of a plant for the recycling of imported batteries, including the local corporate and ownership structure, environmental licences, operating permits, and the authorisation of the local and state authorities.
  • Advising Genesis Energías on the due diligence of its operations prior to seeking investment.

Honduras > Banking and finance Tier 3

Benefitting from an extensive network in Central America, Lexincorp‘s banking and finance team routinely advises international financial institutions on loans to national banks. Project finance is also among the team’s core areas of expertise, and it is noted for its strong skill sets in the energy (particularly renewable energy), infrastructure and telecoms spaces. Among the senior names to note are Engels Zelaya, who specialises in the public and energy sectors and is recognised for his project finance expertise, and Nora Amaya, who has longstanding experience in handling banking and finance transactions in Honduras and El Salvador.

Honduras > Tax Tier 3

Highlighted by clients for its ‘customised approach‘, the tax team at Lexincorp is well versed in assisting regional and international companies with the tax structuring of their Honduran operations and disputes with the SAR, frequently joining forces with the corporate and litigation departments. The firm’s focus on the projects space has also opened up a core source of tax mandates, including advising on tax exemptions for foreign investors in the transport and infrastructure sectors. Honduras managing partner Benito Zelaya and Sylvia Zelaya, who heads the San Pedro Sula office, lead the team. Associate Nicole Fugón provides support, drawing on notable in-house experience at the SAR.

Practice head(s):

Sylvia Zelaya; Benito Zelaya

Testimonials

‘The team’s best qualities are their specific understanding of the requirements and the lawyers’ treatment of their clients. Benito Zelaya stands out for his empathy for the client’s point of view and ability to find solutions when issues that require particular attention arise.’

‘Usually firms proceed to request the documentation to prepare taxes and in the process they give their assessment; with Lexincorp, first they provide an analysis to the client, then go on to the options and scope of the matter, and then the cost to start off with. I think that this is a customised approach.’

Key clients

Chuck E Cheese Entretenimiento y Diversiones

Prasan

Grupo Monge

Consorcio Stark/RVZ Soluciones/Comunicaciones Globales/Constructora Flores

Empresa Hondureña de Infraestructura y Servicios Aeroportuarios (EHISA)

Colegio de Ingenieros

Pospan

Work highlights

  • Acting for Entretenimiento y Diversiones, the franchisee of Chuck E Cheese in Honduras, in a dispute over municipal taxes imposed on the use of games machines following an audit by the tax authority.
  • Advising Colegio de Ingenieros on obtaining authorisation for tax-exempt status as a professional association.
  • Advising Grupo Monge on a tax adjustment made by the tax authority following an audit, based on the recording of sales tax.

Honduras > Corporate and M&A Tier 4

The corporate team at regional firm Lexincorp draws on the wider firm’s signature strength in public-private partnership law and the energy and infrastructure spaces to handle a steady stream of corporate and commercial mandates relating to the construction of major projects. In addition, the department is routinely active in the establishment of companies in Honduras, benefitting from a presence in both Tegucigalpa and San Pedro Sula. Engels Zelaya, who is skilled in corporate matters in the public and energy sectors, leads the experienced team, which also includes Honduras managing partner Benito Zelaya; Nora Amaya, whose practice spans company incorporations, corporate governance and commercial contracts; and San Pedro Sula office head Sylvia Zelaya.

Practice head(s):

Engels Zelaya

Key clients

Secretaría de Infraestructura y Servicios Públicos (Insep)

Grupo Uma

Grupo Monge

Empresa Hondureña de Infraestructura y Servicios Aeroportuarios (EHISA)

Metrobank

Genec

Colegio de Ingenieros Civiles

Multibank

Molden

Work highlights

  • Advising Genesis Energías on the due diligence process prior to seeking investment to improve the cash flow of its operations.
  • Advising Molden on obtaining permits for the import of batteries for recycling purposes and the set-up of a recycling plant, including assisting with the corporate and ownership structure, and environmental permits.
  • Advising Grupo Monge on all its day-to-day corporate, labour and tax matters.

Central America > Corporate and finance

Originally founded 20 years ago by partners in Guatemala and El Salvador, Lexincorp has built a strong presence in Central America, with further offices in Honduras, Nicaragua and Costa Rica. Counting a host of leading international and regional banks, financial institutions and corporations among its clients, the firm routinely advises on multi-jurisdictional M&A, syndicated loans and refinancings, with a growing offering in the fintech space. In El Salvador, Antonio Guirola, a specialist in international transactions; Adriana Portillo, who also handles related tax and competition issues; and Enrique Escobar, a standout name in the energy and financial fields, are the key figures. Roberto Rodríguez, who has a notable track record in advising international clients in the banking sector, takes the lead on corporate and finance matters in Nicaragua, while Julio Aparicio, who has a niche in advising restaurant clients on franchising agreements in Central America, is the go-to contact in Guatemala. Engels Zelaya, a specialist in the energy and public sectors, heads the corporate team in Honduras, where the firm has offices in Tegucigalpa and San Pedro Sula.

Work highlights

A leading Central American law firm with five offices located in the major cities throughout the region, Lexincorp specializes in providing legal advice to its domestic and international clientele. The firm’s regional practice has evolved to integrate processes, services, knowledge, business, values and solutions to provide the highest quality results, operating as a single, fully integrated Central American firm, rather than separate firms with international networking.

Although each of the firm’s five offices serves its jurisdiction, Lexincorp’s integration offers all of its clients, in any country, the ability to access all the resources of the regional offices and lawyers to the extent their matters require. The firm’s clients include domestic and multinational corporations and international financial institutions.

With over 50 lawyers spread across the Central American region, Lexincorp offers high levels of excellence and expertise in all of its practices and specialties, which has awarded the firm with rankings as a leading and recommended firm by Chambers & Partners, IFLR 1000 and Latin Lawyer.

Main areas of practice
Corporate, mergers and acquisitions: due diligence of all towers located in El Salvador purchased by Peppertree Capital Management Inc. Led the merger of Matallana SA and Laboramos SA, consolidating the operation in Guatemala of these subsidiaries of Colombia’s leading company in the paper industry, and was involved in Dispapeles SA’s assistance to SunEdison in the acquisition of two solar energy projects in Honduras – these projects were the first renewable solar energy plants in the country.

Financial and banking: counseled Balboa Bank and Trust on securing a loan for US$1.5m as working capital of the Entre Rios energy company in Guatemala. Legal counsel for Banco Industrial and Westrust Bank (International) Limited on the structuring of a loan for the construction of a mall in Costa Rica. Assistance for Banco General in Costa Rica on the structuring of a loan for the opening of a new department store of the Central American trademark SIMAN.

Intellectual property: negotiations between Millicom International Cellular SA and Telemovil El Salvador, for the registration of well-known trademark TIGO and its different variations in El Salvador. Legal managers of the trademark portfolio of Samsung Gear Blink and its official advisors in El Salvador. Samsung, according to Forbes, is in the top ten most famous trademarks in the world.

Real estate and property: legal counsel for Grupo Apolo on a real estate project of apartments in Guatemala. Assistance of a local client in Costa Rica on the purchase of 104 properties of plantations (teak trees) from another Costa Rican corporation. Lexincorp served as the firm in charge of performing the corresponding public deed to be submitted before the National Registry for the registration of the properties under the name of the client.

Tax: Lexincorp Honduras obtained a first instance court ruling in which the closure of duty free stores by the executive director of revenue was declared illegal. This statement allowed the client to claim damages in the order. It was the only contributor to get a favorable judgment.

Arbitration: Lexincorp El Salvador represented a client in an executive judgment derived from an assignment of receivables, in which the judge resolved in favor of the counterparty. This decision was appealed and the judge resolved in favor of the client. Representation of Intermoda El Salvador in an administrative litigation lawsuit against the National Registration Center for refusing the registration of the trademark Pepe Jeans P. Representation of L’oreal Guatemala in El Salvador, in an administrative litigation lawsuit against the General Directorate of Customs, which did not recognize certificates of origin in importing goods from the client and imposed fines of 300%.

Department Name Email Telephone
Senior partners Benito Zelaya (Honduras)
Senior partners Gonzalo Menéndez Park (Guatemala)
Senior partners Enrique Rodolfo Escobar López (El Salvador)
Senior partners Arnoldo André-Tinoco (Costa Rica)
Senior partners Fernando Midence-Mantilla (Nicaragua)
Corporate, mergers and acquisitions Enrique Escobar López
Corporate, mergers and acquisitions Arnoldo André-Tinoco
Corporate, mergers and acquisitions Julio Aparicio
Tax Enrique Escobar López
Tax Gonzalo Menéndez Park
Tax Claudia Vivas
Real estate Arnoldo André-Tinoco
Real estate José Andrés Fuxet
Intellectual property Gonzalo Menéndez Gonzalez
Intellectual property Camila Escobar
Intellectual property Edna Carolina Lopez Toledo
Environmental Engels Zelaya
Litigation, arbitration and ADR Alonso Vargas
Litigation, arbitration and ADR Benito Zelaya
Administrative Claudia Vivas
Energy Leslie Henry
Transport and maritime Sylvia Nadesda Zelaya
Other fee-earners : 55
Partners : 11