PIONEERING THE COLOMBIAN LEGAL FIELD

Muñoz Tamayo & Asociados has a track history of boldly going where no lawyer in Bogota has gone before. Following MTA´s innovative vision and pioneering principles, the firm continuously dares to explore alternatives and revolutionize the national and international legal landscape. Founding partner Diego Muñoz Tamayo set the tone with the firm´s first endeavors, advising on the large-scale privatizations in Colombia in the nineties, which involved the highest-volume transfer of state-owned assets the country has seen to date.From then on, Muñoz Tamayo & Asociados has never shied away from treading new ground. We have always been ready and willing to invent and explore, taking on the most complex transactions, problematic litigation cases and challenging projects. Muñoz Tamayo & Asociados is the firm you need to open up your legal horizons.

PRIVATIZATION LAWYER BOGOTA: INNOVATIVE ACTIONS 

  • 1992 - 1993 / Right to Good Name and Representation

    Diego Muñoz Tamayo presented the first writ of protection of Fundamental Rights that obliged the media to rectify information that affected a person´s reputation in a negative fashion. The founder of our M&A law firm in Colombia promoted a series of constitutional protection actions, leading to the landmark case. 

  • 1994 – 2007 / Privatization

    As the leading privatization lawyer Bogotá has, Diego Muñoz Tamayo and his team were at the forefront of privatization processes in Colombia. MTA acted as legal counsel for government agencies in the sale of more than 80% of assets in the gas and electric energy sectors, with a total transaction value exceeding US $5 billion.

  • 1996 / Privatization by Means of Successive Stock Offerings

    MTA continues to revolutionize with the title of top privatization lawyer Bogotá through a groundbreaking move: the implementation of a privatization process through creating successive stock offerings. Although this legal instrument had been created in 1995, MTA´s move marked the first time it was used in Colombia.

  • 2000 / Change in Procedural Case Law

    The firm extended the scope of interpretation of procedural law by obtaining a Constitutional Court ruling by which mental illness was recognized as an incapacitating health factor that permits the suspension of judicial procedures.

  • 2001 – 2004 / Corporate Restructuring

    While Law 550 of 1990 was in force, the firm was at the forefront of the first restructuring of a company in the telecommunications sector, one of the largest ever in Colombia. This corporate restructuring started the trend of many to follow in Colombia, as the country’s development continues.

  • 2002 / Protection for Minority Shareholders

    Once again, the leading corporate lawyers Bogotá has make history. In the first case of this type in Colombia, MTA achieved effective protection for minority shareholders from the former Colombian Securities Commission.

  • 2002 – 2004 / Good Corporate Governance Practices

    The firm designed and drafted the first Good Corporate Governance practices for a Colombian state entity.

  • 2003 / First Unwinding of a State Entity by Means of an Operational Trust

    MTA designed the legal and contractual structure for the first unwinding of a state entity, Telecom. The integrity of the assets whose value exceeded US$ 4 billion was protected by means of a trust structure.

  • 2004 / Privatization Doctrine

    MTA´s founding partner and revolutionary privatization lawyer wrote the first book about privatization in Colombia. Today, his work remains the most authoritative doctrinal source on this topic.

  • 2004 / Electronic Commerce Law

    Diego Muñoz Tamayo presided over an arbitration tribunal where evidence was presented by means of video conference, thus applying the legal bases for the Law of Electronic Commerce for the first time in the country.

  • 2005 – 2009 / Purchase of Non- and Underperforming Asset Portfolios

    The firm designed the contractual structure that allowed foreign financial entities to buy underperforming credit portfolios in Colombia for the first time.

  • 2006 / “Virtual Competitor” in Privatizations

    MTA designed and carried out a “virtual” mechanism for the privatization procedures by using a sealed envelope which contained a hidden minimum price below which the state would not sell. The undisclosed minimum was only revealed after the offers from interested parties were made public. Although later judicially challenged, this mechanism prevailed.

  • 2006 – 2009 / Changes in the Regulatory Framework in the Health Sector

    Diverse administrative and judicial actions undertaken by the firm have produced important changes in the framework and regulatory development of the social security health system in Colombia.

  • 2007 – 2008 / Mechanisms for Clean Development

    MTA structured and participated in the initial trials for the implementation of carbon emission Mechanisms for Clean Development.

  • 2008 – 2009 / Regulatory Correction by Means of a Writ of Protection

    The firm made groundbreaking use of a Constitutional Rights Protection Action by using one as an instrument of regulatory correction, obtaining a historic ruling from the Constitutional Court of Colombia. Sentence T–760 of 2008 redefined the regulatory framework of the health sector.

  • 2008 – 2009 / International Claim

    Muñoz Tamayo y Asociados was a pioneer in filing the first international foreign investor claim against the Republic of Colombia under a Bilateral Investment Treaty.

  • 2010 – 2011 / Leniency Program

    The firm advised on the first leniency program in Colombia under the Law 1340 of 2009.

  • 2011 / Good Faith Standards in the Performance of Contracts

    MTA founding partner presided over an arbitration tribunal that extended the principle of good faith in the performance of contracts, linking it to good corporate governance practices, company values and business social responsibility.

  • 2013 / Abuse of Majority Rights by Shareholders

    The firm won the first case in Colombian history for the annulment of a decision adopted through the abusive exercise of majority vote before the Mercantile Proceedings jurisdiction of the Superintendence of Corporations.

  • 2014-2015 / Environmental Passives

    One of the firm’s partners assisted in the design of a regulatory strategy for the intervention of areas affected by abandoned mining activities for which the Mining and Energy Planning Unit (UPME), a Special Administrative Unit of the National Energy Commission, was responsible. On a related note, the firm participated in the design of an integral strategy for the management of environmental passives in Colombia, managed by the Minister of Environment and Sustainable Development of Colombia. This issue has no current regulation in Colombia. and within the consultancy, amongst other things, a normative proposal was prepared regarding this matter. 

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