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Grupo Tmm SA (GTMAY)
OTHER OTC:GTMAY
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Grupo Tmm SA (GTMAY) Risk Analysis

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Public companies are required to disclose risks that can affect the business and impact the stock. These disclosures are known as “Risk Factors”. Companies disclose these risks in their yearly (Form 10-K), quarterly earnings (Form 10-Q), or “foreign private issuer” reports (Form 20-F). Risk factors show the challenges a company faces. Investors can consider the worst-case scenarios before making an investment. TipRanks’ Risk Analysis categorizes risks based on proprietary classification algorithms and machine learning.

Grupo Tmm SA disclosed 40 risk factors in its most recent earnings report. Grupo Tmm SA reported the most risks in the “Finance & Corporate” category.

Risk Overview Q4, 2020

Risk Distribution
40Risks
38% Finance & Corporate
28% Macro & Political
13% Production
13% Ability to Sell
8% Legal & Regulatory
3% Tech & Innovation
Finance & Corporate - Financial and accounting risks. Risks related to the execution of corporate activity and strategy
This chart displays the stock's most recent risk distribution according to category. TipRanks has identified 6 major categories: Finance & corporate, legal & regulatory, macro & political, production, tech & innovation, and ability to sell.

Risk Change Over Time

S&P500 Average
Sector Average
Risks removed
Risks added
Risks changed
Grupo Tmm SA Risk Factors
New Risk (0)
Risk Changed (0)
Risk Removed (0)
No changes from previous report
The chart shows the number of risks a company has disclosed. You can compare this to the sector average or S&P 500 average.

The quarters shown in the chart are according to the calendar year (January to December). Businesses set their own financial calendar, known as a fiscal year. For example, Walmart ends their financial year at the end of January to accommodate the holiday season.

Risk Highlights Q4, 2020

Main Risk Category
Finance & Corporate
With 15 Risks
Finance & Corporate
With 15 Risks
Number of Disclosed Risks
40
No changes from last report
S&P 500 Average: 31
40
No changes from last report
S&P 500 Average: 31
Recent Changes
1Risks added
2Risks removed
5Risks changed
Since Dec 2020
1Risks added
2Risks removed
5Risks changed
Since Dec 2020
Number of Risk Changed
5
-5
From last report
S&P 500 Average: 3
5
-5
From last report
S&P 500 Average: 3
See the risk highlights of Grupo Tmm SA in the last period.

Risk Word Cloud

The most common phrases about risk factors from the most recent report. Larger texts indicate more widely used phrases.

Risk Factors Full Breakdown - Total Risks 40

Finance & Corporate
Total Risks: 15/40 (38%)Above Sector Average
Share Price & Shareholder Rights6 | 15.0%
Share Price & Shareholder Rights - Risk 1
Investors may not be able to enforce judgments against the Company.
Investors may be unable to enforce judgments against us. We are a stock corporation, organized under the laws of Mexico. Substantially all our directors and officers reside in Mexico, and all or a significant portion of the assets of those persons may be located outside the United States. It may not be possible for investors to effect service of process within the United States upon those persons or to enforce judgments against them or against us in U.S. courts, including judgments predicated upon the civil liability provisions of the U.S. federal securities laws. Additionally, it may not be possible to enforce, in original actions in Mexican courts, liabilities predicated solely on the U.S. federal securities laws and it may not be possible to enforce, in Mexican courts, judgments of U.S. courts obtained in actions predicated upon the civil liability provisions of the U.S. securities laws.
Share Price & Shareholder Rights - Risk 2
The protection afforded to minority shareholders in Mexico is different from that afforded to minority shareholders in the United States.
Under Mexican law, the protections afforded to minority shareholders are different from, and may be less than, those afforded to minority shareholders in the United States. Under Mexican law, there is no procedure for class actions as such actions are conducted in the United States and there are different procedural requirements for bringing shareholder lawsuits against companies. Therefore, it may be more difficult for minority shareholders to enforce their rights against us, our directors or our controlling shareholders than it would be for minority shareholders of a U.S. company. In accordance with the Mexican Companies Act (Ley General de Sociedades Mercantiles), shareholders representing at least 33% of our capital stock can request that the Board of Directors call an Extraordinary Shareholders Meeting to vote on proposals included by the shareholders in their request to the Board.
Share Price & Shareholder Rights - Risk 3
Holders of ADSs may not be entitled to participate in any future preemptive rights offering, which may result in a dilution of such holders equity interest in our company.
Under Mexican law, if we issue new shares for cash as a part of a capital increase, we generally must grant our stockholders the right to purchase a sufficient number of shares to maintain their existing ownership percentage in our company. Rights to purchase shares in these circumstances are commonly referred to as preemptive rights. We may not be legally permitted to allow holders of ADSs in the United States to exercise preemptive rights in any future capital increase unless (1) we file a registration statement with the SEC with respect to that future issuance of shares or (2) the offering qualifies for an exemption from the registration requirements of the U.S. Securities Act of 1933, as amended. At the time of any future capital increase, we will evaluate the costs and potential liabilities associated with filing a registration statement with the SEC, as well as the benefits of preemptive rights to holders of ADSs in the United States and any other factors that we consider important in determining whether to file a registration statement. If we do not file a registration statement with the SEC to allow holders of ADSs in the United States to participate in a preemptive rights offering or if there is not an exemption from the registration requirements of the U.S. Securities Act of 1933 available, the equity interests of holders of ADSs would be diluted to the extent that ADS holders cannot participate in a preemptive rights offering.
Share Price & Shareholder Rights - Risk 4
The Company is controlled by the Serrano Segovia family.
The Serrano Segovia family controls the Company through José Serrano Segovia's direct and indirect ownership of our Shares, and members of the Serrano Segovia family serve as members of our Board of Directors. Holders of our ADSs may not vote at our shareholders' meetings. Each of our ADSs represents five CPOs. Holders of CPOs are not entitled to exercise any voting rights with respect to the Shares held in the Master Neutral Investment Trust (Fideicomiso Maestro de Inversion Neutra) (the "CPO Trust"). Such voting rights are exercisable only by the trustee, which is required by the terms of the trust agreement to vote such Shares in the same manner as the majority of the Shares that are not held in the CPO Trust that are voted at any shareholders' meeting. Currently the Serrano Segovia family owns a majority of the Shares that are not held in the CPO Trust. As a result, the Serrano Segovia family will be able to direct and control the policies of the Company and its subsidiaries, including mergers, sales of assets and similar transactions. See Item 7. "Major Shareholders and Related Party Transactions - Major Shareholders." Grupo TMM, S.A.B. and Subsidiaries
Share Price & Shareholder Rights - Risk 5
A change in control may adversely affect us.
In the past, a portion of the Shares and ADSs of the Company held by the Serrano Segovia family was pledged to secure indebtedness of the Serrano Segovia family and entities controlled by them and may from time to time in the future be pledged to secure obligations of other of their affiliates. A foreclosure upon any such Shares held by the Serrano Segovia family could result in a change of control under the various debt instruments of the Company and its subsidiaries. Such debt instruments provide that certain change of control events with respect to us will constitute a default and that the relevant lenders may require us to prepay our debt obligations including accrued and unpaid interest, if any, to the date of such repayment. If such a default occurs, we cannot assure you that we will have enough funds to repay our debt.
Share Price & Shareholder Rights - Risk 6
Changed
Grupo TMM is a party to arrangements with other parties as joint investors in non-wholly owned subsidiaries.
Grupo TMM is a party to arrangements with other parties under which it and such parties have jointly invested in non-wholly owned subsidiaries, and Grupo TMM may enter into other similar arrangements in the future. Grupo TMM's partners in these non-wholly owned subsidiaries may at any time have economic, business or legal interests or goals that are inconsistent with our interests or those of the entity in which they have invested with us. Furthermore, any dividends that are distributed from subsidiaries that Grupo TMM does not wholly own would be shared pro rata with its partners according to their relative ownership interests. For these or any other reasons, disagreements or disputes with partners with whom Grupo TMM has a strategic alliance or relationship could impair or adversely affect its ability to conduct its business and to receive distributions from, and return on its investments in, those subsidiaries.
Accounting & Financial Operations2 | 5.0%
Accounting & Financial Operations - Risk 1
Our financial statements may not give you the same information as financial statements prepared under United States accounting rules.
Our financial statements are prepared in accordance with IFRS. IFRS differs from U.S. GAAP in certain significant respects, including, among others, the recognition of revaluation property, plant and equipment, the classification of minority interest in accordance with net identifiable assets, the nonrecognition of employees' profit sharing, capitalized interest recognition, consolidation of subsidiaries, the acquisition of shares of subsidiaries from minority stockholders and the determination of deferred income taxes. For this and other reasons, the presentation of financial statements and reported earnings prepared in accordance with IFRS may differ in significant respects from the presentation of financial statements and reported earnings prepared in accordance with U.S. GAAP.
Accounting & Financial Operations - Risk 2
Over time, asset values may fluctuate substantially and, if these values are lower at a time when we are attempting to dispose of an asset, we may incur a loss.
The value of our assets may fluctuate substantially over time due to a number of different factors, including: ? prevailing economic conditions in the market;? a substantial or extended decline in world trade;? increases in the supply of vessel capacity;? increased port and terminal capacity;? prevailing charter rates;? restrictions arising from emergency public health measures; and ? the cost of retrofitting or modifying existing ships and other assets, as a result of technological advances, changes in applicable environmental or other regulations or standards, or otherwise. In the future, if the market values of our assets deteriorate significantly, we may be required to record an impairment charge in our financial statements, which could adversely affect our results of operations. If a vessel charter terminates, we may be unable to re-charter the vessel at an acceptable rate and, rather than continue to incur costs to maintain and finance the asset, may seek to dispose of it. Our inability to dispose of a vessel or other asset at a reasonable price could result in a loss on its sale and adversely affect our results of operations and financial condition.
Debt & Financing6 | 15.0%
Debt & Financing - Risk 1
Our variable rate debt subjects us to risks associated with an increase in interest rates, which could increase the amount of our debt service obligations.
We are exposed to the impact of interest rate changes, primarily through our variable rate debt facilities that require us to make interest payments based on the Mexican Interbank Equilibrium Interest Rate ("TIIE") or the London Interbank Offered Rate ("LIBOR"). If interest rates increase significantly, our debt service obligations on this variable rate debt would increase, which could have an adverse effect on our earnings and cash flow. Furthermore, the U.K. Financial Conduct Authority, which regulates LIBOR, has announced its intention to phase out the use of LIBOR before the end of 2021.  As there remains significant uncertainty as to how the transition away from LIBOR will proceed, we cannot predict the consequences that these developments will have on our debt service obligations and financing costs. A transition away from LIBOR may, however, cause disruptions in financial markets or increase borrowing costs for borrowers, which may in turn result in an increase in our debt service obligations and financing costs.
Debt & Financing - Risk 2
Restrictive covenants in our financing agreements may restrict our ability to pursue our business strategies.
Some of our financing agreements contain a number of restrictive covenants and any additional financing arrangements we enter into may contain additional restrictive covenants. These covenants restrict or prohibit many actions, including our ability, or that of our subsidiaries, to, among others: ? incur additional indebtedness;? create or suffer to exist liens;? prepay certain debt;? make certain restricted payments, including the payment of dividends;? carry out certain investments;? engage in certain transactions with shareholders and affiliates;? use assets as security in other transactions;? issue guarantees to third parties;? sell assets; and ? engage in certain mergers and consolidations or in sale-leaseback transactions. If we fail to comply with these and other restrictive covenants, our obligation to repay our indebtedness may be accelerated. If we cannot pay the amounts due under our financing facilities, the relevant lender or lenders could then take action to foreclose against any collateral securing the payment of such facility or facilities.
Debt & Financing - Risk 3
Our substantial indebtedness could adversely affect our financial condition and impair our ability to operate our business, and we may not be able to pay the interest on and principal amount of our indebtedness.
As of March 31, 2021, Grupo TMM's total debt amounted to $549.8 million, which includes $131.2 million of bank debt owed to several different banks, $76.0 million owed to non-institutional lenders and $342.6 million of liabilities associated with our long-term leases, primarily the lease of our corporate headquarters; of this debt, $192.2 million is short-term debt, and $357.6 million is long-term debt. Under IFRS, transaction costs in connection with financings are required to be presented as a part of debt. As of December 31, 2020, our total debt amounted to $538.2 million, which includes $108.5 million of bank debt owed to several different banks, $74.2 million owed to non-institutional lenders and $355.5 million of liabilities associated with our long-term leases, primarily the lease of our corporate headquarters; of this debt, $187.3 million is short-term debt, and $350.9 million is long-term debt. Although we have taken various measures to reduce our level of indebtedness, our level of indebtedness remains substantial and could have important consequences, including the following: ? limiting cash flow available for capital expenditures, acquisitions, working capital and other general corporate purposes because a substantial portion of our cash flow from operations must be dedicated to servicing debt;? increasing our vulnerability to a downturn in economic or industry conditions;? exposing us to risks inherent in interest rate fluctuations because future borrowings may be at interest rates that are higher than current rates, which could result in higher interest expenses;? limiting our flexibility in planning for, or reacting to, competitive and other changes in our business;? placing us at a competitive disadvantage compared to our competitors that have less debt and greater operating and financing flexibility than we do;? limiting our ability to engage in activities that may be in our long-term best interest; and ? limiting our ability to borrow additional money to fund our working capital and capital expenditures or to refinance our existing indebtedness, or to enable us to fund the acquisitions contemplated in our business plan. Our ability to service our indebtedness will depend upon future operating performance, including the ability to increase revenues significantly, renew our existing services contracts and control expenses. Future operating performance depends upon various factors, including prevailing economic, financial, competitive, legislative, regulatory, business, public health and other factors that are beyond our control. If we cannot generate sufficient cash flow from operations to service our indebtedness we may default under our various financing facilities. If we default under any such facility, the relevant lender or lenders could then take action to foreclose against any collateral securing the payment of such facility. Certain of our assets have been pledged to secure our financing facilities. See Item 4. "Information on the Company - Property, Vessels and Equipment."
Debt & Financing - Risk 4
Changed
Grupo TMM is primarily a holding company and depends upon funds received from its operating subsidiaries to make payments on its indebtedness.
Grupo TMM is primarily a holding company and conducts the majority of its operations, and holds a substantial portion of its operating assets, through numerous direct and indirect subsidiaries. As a result, Grupo TMM relies on income from dividends and fees related to administrative services provided to its operating subsidiaries for its operating income, including the funds necessary to service its indebtedness. Under Mexican law, profits of Grupo TMM's subsidiaries may only be distributed upon approval by such subsidiaries' shareholders, and no profits may be distributed by its subsidiaries to Grupo TMM until all losses incurred in prior fiscal years have been offset against any sub-account of Grupo TMM's capital or net worth account. In addition, at least 5% of profits must be separated to create a reserve (reserva legal) until such reserve is equal to 20% of the aggregate value of such subsidiary's capital stock (as calculated based on the actual nominal subscription price received by such subsidiary for all issued shares that are outstanding at the time). There is no restriction under Mexican law upon Grupo TMM's subsidiaries remitting funds to it in the form of loans or advances in the ordinary course of business, except to the extent that such loans or advances would result in the insolvency of its subsidiaries, or for its subsidiaries to pay Grupo TMM fees or other amounts for services. To the extent that Grupo TMM relies on dividends or other distributions from subsidiaries that it does not wholly own, Grupo TMM will only be entitled to a pro rata share of the dividends or other distributions provided by such subsidiaries.
Debt & Financing - Risk 5
Changed
We have to service our debt with revenues mostly generated in Mexican pesos. This could adversely affect our ability to service our debt in the event of a devaluation or depreciation in the value of the Mexican peso against the dollar.
As of March 31, 2021, approximately 39.1% of our debt was denominated in dollars. As of the date of this Annual Report, we do not generate sufficient revenue in dollars from our operations to service all of our dollar-denominated debt. Consequently, we have to use revenues generated in Mexican pesos to service our dollar-denominated debt. A devaluation or depreciation in the value of the Mexican peso, compared to the dollar, could adversely affect our ability to service our debt. During 2020, the Mexican peso depreciated approximately 5.6% against the dollar. From January 1 through March 31, 2021, the Mexican peso depreciated approximately 3.3% against the dollar. Fluctuations in the Mexican peso/dollar exchange rate could lead to shifts in the types and volumes of Mexican imports and exports, negatively impacting results on some of our businesses. Although a decrease in the level of exports may be offset by a subsequent increase in imports, any offsetting increase might not occur on a timely basis, if at all. Future developments in U.S.-Mexican trade beyond our control may result in a reduction of freight volumes or in an unfavorable shift in the mix of products and commodities we carry.
Debt & Financing - Risk 6
High interest rates in Mexico could increase our financing costs.
Although interest rates in Mexico are currently lower than in recent years, Mexico historically has had, and may again have, high real and nominal interest rates. The 28-day TIIE averaged 4.47%, 7.05%, 8.00%, 8.32% and 5.71% in 2016, 2017, 2018, 2019 and 2020, respectively, and for the three-month period ended March 31, 2021, it averaged 4.29%. To the extent our debt is incurred in Mexican Pesos at interest rates linked to the TIIE or any other Mexican interest rate index, any increase in such rates will increase our financing costs.
Corporate Activity and Growth1 | 2.5%
Corporate Activity and Growth - Risk 1
Added
We may be unable to successfully expand our businesses.
Future growth of our businesses will depend on a number of factors, including: ? the continued identification, evaluation and participation in niche markets;? the identification of joint venture opportunities or acquisition candidates;? our ability to enter into acquisitions on favorable terms;? our ability to finance any expansion of our business;? our ability to hire and train qualified personnel, and to maintain our existing managerial base;? the successful integration of any acquired businesses with our existing operations; and ? our ability to manage expansion effectively and to obtain required financing. In order to maintain and improve operating results from new businesses, as well as our existing businesses, we will be required to manage our growth and expansion effectively. However, the management of new businesses involves numerous risks, including difficulties in assimilating the operations and services of the new businesses, the diversion of management's attention from other business concerns and the disadvantage of entering markets in which we may have no or limited direct or prior experience. Our failure to effectively manage our businesses could preclude our ability to expand our businesses and could have a material adverse effect on our results of operations.
Macro & Political
Total Risks: 11/40 (28%)Above Sector Average
Economy & Political Environment7 | 17.5%
Economy & Political Environment - Risk 1
Continuing world tensions, including as the result of wars, other armed conflicts, terrorist attacks, the COVID-19 pandemic and trade disputes could have a material adverse effect on our business.
Continuing world tensions, including those relating to the Middle East, North Korea, Russia, Ukraine, Venezuela, Libya and various other African countries, the COVID-19 pandemic, trade disputes between the United States, China, and various other countries, as well as terrorist attacks in various locations and related unrest, have increased worldwide political and economic instability and depressed economic activity in the United States and globally, including the Mexican economy. The continuation or escalation of existing armed hostilities or the outbreak of additional hostilities as a consequence of further acts of terrorism or otherwise could cause a further downturn and/or significant disruption to the economies of the United States, Mexico and other countries. The continued threat of terrorism within the United States and abroad and the potential for military action and heightened security measures in response to such threat may cause significant disruption to commerce throughout the world, including restrictions on cross-border transport and trade. Furthermore, the Mexican government's efforts to combat illegal drug cartels have caused public safety issues that may hinder Mexico's economic growth and could prompt additional restrictions on cross-border transport and trade. The continued global spread of COVID-19, and the various restrictions on global trade and commerce instituted by countries to combat the spread of the virus, have had a negative impact on the global economy and may trigger significant future cross-border trade disputes. Further increases in global tensions and trade disputes may reduce the demand for our services and have a material adverse effect on our results of operations and financial condition.
Economy & Political Environment - Risk 2
Uncertainties relating to our financial condition in our recent past and other factors raised substantial doubt about our ability to continue as a going concern and could have resulted in our dissolution under Mexican corporate law.
In accordance with the Mexican Companies Act (The Ley General de Sociedades Mercantiles), when a company has accumulated losses in excess of two-thirds of its capital stock, the dissolution of the company may be adopted by the shareholders of the company at an Extraordinary Shareholders Meeting called by the company's board of directors upon the request of shareholders representing at least 33% of the company's capital stock. At the Extraordinary Shareholders Meeting, the shareholders may vote to either dissolve the company or approve any corporate strategy for addressing the accumulated losses. Additionally, the Mexican Bankruptcy Act (Ley de Concursos Mercantiles) provides that any third party with legal interest may request the judicial authorities to declare the dissolution of the company. A third person is considered to have a legal interest to request dissolution if the person is a creditor of the company and (i) the company has failed continuously with its payment obligations to the third person and the amount of the failure represents at least 35% of all the obligations of the company, and (ii) the company does not have sufficient assets to satisfy at least 80% of the payment obligations in respect of which it has failed to make the required payments at the time of the request. Although we generated a profit for the years ended December 31, 2019, 2018 and 2017, respectively, we accumulated losses in each of the years ended December 31, 2020 and 2016, respectively. Our ability to continue as a going concern is subject to our ability to generate sufficient profits and/or obtain necessary funding from outside sources and there can be no assurance that we will continue to be able to generate such profits or obtain such funding. As of May 10, 2021, the Company had not received any request for an Extraordinary Shareholders Meeting concerning the prior accumulated losses of the Company, nor had the Company received notice of any request to judicial authorities to declare a dissolution of the Company.
Economy & Political Environment - Risk 3
Economic, political, social and public health conditions may adversely affect our business.
Our financial performance may be significantly affected by general economic, political, social and public health conditions in the markets where we operate. Most of our operations and assets are located in Mexico. As a result, our financial condition, results of operations and business may be affected by the general condition of the Mexican economy, the valuation of the Peso as compared to the U.S. dollar, Mexican inflation, interest rates, regulations, taxation, social or political instability, and economic, political, social and public health developments in Mexico. Many countries in Latin America, including Mexico, have suffered significant economic, political, social and public health crises in the past, and these events may occur again in the future. Instability in the region has been caused by many different factors, including: ? significant governmental influence over local economies;? substantial fluctuations in economic growth;? high levels of inflation;? changes in currency values;? exchange controls or restrictions on expatriation of earnings;? high domestic interest rates;? wage and price controls;? changes in governmental economic or tax policies;? imposition of trade barriers;? unexpected changes in regulation; and ? overall economic, political, social and public health instability.
Economy & Political Environment - Risk 4
Mexico is an emerging market economy, with attendant risks to our results of operations and financial condition.
Mexico has historically experienced uneven periods of economic growth. Mexico's gross domestic product ("GDP") increased 2.6%, 2.1%, 2.2% in 2016, 2017 and 2018, respectively, but decreased 0.1% in 2019 and 8.2% in 2020. For 2021, the Banco de Mexico Consensus Board1 estimates that GDP in Mexico is expected to increase by approximately 4.5%, while inflation is expected to be 3.6%. We cannot assure you that these estimates will prove to be accurate. The Mexican government has exercised, and continues to exercise, significant influence over the Mexican economy. Accordingly, Mexican governmental actions concerning the economy and state-owned enterprises could have a significant impact on Mexican private sector entities in general and on us in particular, as well as on market conditions, prices and returns on Mexican securities, including our securities.
Economy & Political Environment - Risk 5
Mexico may experience high levels of inflation in the future, which could adversely affect our results of operations.
Mexico has a history of high levels of inflation, and may experience high inflation in the future. The annual inflation rates for the last five years, as measured by changes in the National Consumer Price Index, as provided by Banco de México, were: 2016     3.36 % 2017     6.77 % 2018     4.83 % 2019     2.83 % 2020     3.15 % 2021 (annualized as of April 30)     6.08 % Mexico's current level of inflation has been reported at higher levels than the annual inflation rate of the United States and Canada. The United States and Canada are Mexico's main trading partners. We cannot give any assurance that the Mexican inflation rate will decrease, increase or maintain its current level for any significant period of time. A substantial increase in the Mexican inflation rate as currently in effect would have the effect of increasing some of our costs, which could adversely affect our financial condition and results of operations, as well as our ability to service our debt obligations. High levels of inflation may also affect the balance of trade between Mexico and the United States, and other countries, which could adversely affect our results of operations.
Economy & Political Environment - Risk 6
Political events and declines in the level of oil production in Mexico could affect the Mexican economy and our business, financial condition and results of operations.
Mexican political events may significantly affect our operations. On December 1, 2018, Andres Manuel Lopez Obrador, a member of the National Regeneration Movement Party ("MORENA"), began a six-year term as president of Mexico following his victory in the July 1, 2018 presidential election. Under the 2012-2018 government of President Enrique Peña Nieto, significant changes in laws, policies and regulations aimed at fostering growth in certain key sectors of the Mexican economy were enacted, including the energy and transportation sectors. Currently, MORENA has a majority in both chambers of the Mexican Congress, giving it considerable power to pass new legislation or modify or terminate existing legislation, including potential modifications to the Mexican Constitution. President Andrés Manuel López Obrador and members of his administration have expressed a desire to modify and/or terminate certain structural reforms to the Mexican economy, including the 2013 Energy Reforms. The new administration has already succeeded in enacting various changes to Mexican laws and public policy and is seeking further changes, which may increase political uncertainty or have negative effects on the Mexican economy. We cannot provide any assurances that political developments in Mexico, over which we have no control, will not have an adverse effect on our business, financial condition or results from operations. Mexico's daily oil production statistics indicate that production has declined over the past nine years (2012-2020) at a compounded average rate of 5.2%, a trend that could continue in the coming years. In contrast, during the same period of time, imports of gasoline and diesel for domestic consumption grew 3.6%, and currently represent more than 70% of Mexico's domestic consumption. Experts have concluded that if the Mexican government does not follow through with its implementation of reforms designed to promote private investment in the energy sector, or fails to make further investments to increase PEMEX's technological capabilities, Mexico's oil production may drop considerably, weakening the financial position of the Mexican government.  For its part, the administration of President Andrés Manuel López Obrador has taken steps to limit new private investment in Mexico's oil and gas industry, including the cancellation of bidding rounds for the award of new upstream production sharing contracts and farm-out agreements. Such actions may have a detrimental effect on Mexico's oil production levels, which may in turn reduce the demand for our transportation services from Pemex and other oil and gas industry customers. Finally, the Mexican economy in the past has suffered balance of payment deficits and shortages in foreign exchange reserves, and we cannot assure you that these deficits and shortages will not occur in the future.
Economy & Political Environment - Risk 7
Political events in the United States could have a material adverse effect on our business, financial condition and results of operations.
The United States is Mexico's primary trading partner, and receives over 80% of Mexico's total exports. A deterioration in trade relations between Mexico and the United States could have a negative effect on Mexico's economic growth and its transportation and shipping industry in particular. In January 2021, Joseph R. Biden became the 46th President of the United States of America.  As of the date of this Annual Report, President Biden's administration and has not proposed substantial revisions to U.S. trade policies, including the renegotiation or termination of trade agreements, or proposed the imposition of border taxes, higher tariffs or other measures which would increase the price of goods imported into the United States, particularly from Mexico. Future decisions by the current U.S. administration, including with respect to U.S. laws and policies governing foreign trade and foreign trade relations, could have a negative impact on the Mexican economy by reducing the level of commercial activity between Mexico and the United States or or effecting a slowdown in direct U.S. foreign investment in Mexico, which could adversely affect our business and our results of operations. In November 2018, the United States, Mexico and Canada signed the USMCA, which replaced NAFTA. The United States, Mexico and Canada ratified the USMCA on January 29, 2020, June 19, 2020 and March 13, 2020, respectively. As a result, the USMCA took effect on July 1, 2020. We cannot predict the impact the USMCA will have on our industry or the changes to international trade that may result, and consequently, we cannot predict what effect it will have on our business and our results of operations. If the United States withdraws from or makes material changes to the USMCA or other international trade agreements to which it is a party, trade barriers and other costs associated with trade between the United States and Mexico may increase, which could have a material adverse effect on our business, financial condition and results of operations.
International Operations1 | 2.5%
International Operations - Risk 1
Changed
Developments in other emerging market countries or in the United States may affect us and the prices of our securities.
The market value of securities of Mexican companies, the economic and political situation in Mexico and our financial condition and results of operations are, to varying degrees, affected by economic and market conditions in other emerging market countries and in the United States. Although economic conditions in other emerging market countries and in the United States may differ significantly from economic conditions in Mexico, investors' reactions to developments in any of these other countries may have an adverse effect on the market value or trading price of securities of Mexican issuers, including our securities, or on our business. 1 The Banco de Mexico Consensus Board comprises 37 economic analysts and consultants specialized in the Mexican and international economies. Grupo TMM, S.A.B. and Subsidiaries Our operations, including demand for our products or services and the price of our floating rate debt, have also historically been adversely affected by increases in interest rates in the United States and elsewhere. Although in recent years interest rates have remained low, if interest rates rise, the interest payments on our floating rate debt and the cost of refinancing our financing arrangements at maturity will rise as well.
Natural and Human Disruptions1 | 2.5%
Natural and Human Disruptions - Risk 1
Our business has been and may continue to be adversely affected by the outbreak of COVID-19, and may be adversely affected by future pandemics, epidemics or other outbreaks of infectious diseases and governmental responses thereto.
Our operations are subject to risks related to pandemics, epidemics or other infectious disease outbreaks. For example, the ongoing outbreak of COVID-19 has been declared a pandemic by the World Health Organization ("WHO"). Government efforts to combat the COVID-19 pandemic, including the enactment or imposition of travel bans, quarantines and other emergency public health measures, have negatively affected economic conditions and the demand for shipping and transportation services globally and within the Gulf of Mexico, which has in turn negatively affected our operations and the operations of our customers. Although such measures may be curtailed or eliminated as vaccination programs expand and the spread of the COVID-19 is reduced, future developments regarding the COVID-19 pandemic remain highly uncertain.  In particular, the emergence and spread of new virus variants, some of which may prove resistant to currently approved vaccines, may result in the reintroduction of or increase in restrictive measures aimed at combating the spread of COVID-19 and its variants.  As a result, our vessels may be unable to call on ports, or may be restricted from disembarking from ports, located in areas affected by COVID-19. Further, such measures may restrict our ability to conduct operations at our ports, terminals and warehousing businesses. To limit the spread of COVID-19, the Mexican government has implemented various enhanced safety measures, including travel restrictions and quarantine orders, restrictions on non-essential activities, social distancing guidelines and various other restrictions on businesses operating in Mexico.  In light of these conditions, we have taken various actions to protect our facilities and employees, strengthen our business and promote financial resiliency.  We have limited access to our facilities, adopted additional cleaning and sanitizing measures, allowed a portion of our employees to work remotely, and implemented new controls for emergency procedures and to mitigate the potential increased cybersecurity risks. Although these actions have helped us to maintain business continuity, they may limit the efficiency and effectiveness of our operations, including our reporting and internal controls. Given the evolving nature of the COVID-19 threat, the ultimate severity of the global economic downturn triggered by the COVID-19 pandemic remains uncertain. The COVID-19 pandemic has led to a significant reduction in our revenues, particularly in our ports and terminals operations. Although we have taken various actions to bolster our financial condition, such as delaying payments to suppliers and creditors, and reducing non-essential expenses and the compensation of certain employees, the continued spread of the virus and its variants, as well as the reintroduction or increase of restrictive measures to combat the pandemic, could have a material adverse effect on our business, operating results, financial condition and liquidity.  Developments in the fight against COVID-19 remain highly uncertain, and we cannot predict the impact it or any future pandemics, epidemics or infectious disease outbreaks may have on our business, results of operations and financial condition, which could be material and adverse.
Capital Markets2 | 5.0%
Capital Markets - Risk 1
Currency fluctuations or the devaluation and depreciation of the Peso could limit the ability of the Company and others to convert Pesos into U.S. dollars or other currencies which could adversely affect our business, financial condition and results of operations.
Severe devaluation or depreciation of the Peso may also result in governmental intervention or disruption of international foreign exchange markets. This may limit our ability to transfer or convert Pesos into U.S. dollars and other currencies for the purpose of making timely payments of interest and principal on our dollar-denominated indebtedness and adversely affect our ability to obtain foreign currency and other imported goods. The Mexican economy has suffered current account balance of payment deficits and shortages of foreign exchange reserves in the past. While the Mexican government does not currently restrict, and for more than twenty years has not restricted, the right or ability of Mexican or foreign persons or entities to convert Pesos into U.S. dollars or to transfer other currencies outside of Mexico, the Mexican government could institute restrictive exchange control policies in the future. To the extent that the Mexican government institutes restrictive exchange control policies in the future, our ability to transfer or convert Pesos into U.S. dollars for the purpose of making timely payments of interest and principal on indebtedness would be adversely affected. Pursuant to the provisions of the USMCA, if Mexico experiences serious balance of payment difficulties or the threat thereof in the future, Mexico would have the right to impose foreign exchange controls on investments made in Mexico, including those made by U.S. and Canadian investors. Any restrictive exchange control policy could adversely affect our ability to obtain U.S. dollars or to translate Pesos into U.S. dollars for purposes of making interest and principal payments to our creditors to the extent that we may have to make those translations. This could have a material adverse effect on our business and financial condition.
Capital Markets - Risk 2
Our ADSs trade on the over-the-counter ("OTC") market, which may limit the liquidity and price of our ADSs more than if the ADSs were quoted or listed on a national securities exchange.
Our ADSs currently trade on the OTC market under the ticker symbol GTMAY. The OTC market is a significantly more limited market than a national securities exchange such as the New York Stock Exchange ("NYSE") or NASDAQ, with generally lower trading volumes and higher price volatility.  Quotation of the ADSs on the OTC market may limit the liquidity and price of the ADSs and could adversely impact our ability to raise capital in the future.
Production
Total Risks: 5/40 (13%)Below Sector Average
Manufacturing1 | 2.5%
Manufacturing - Risk 1
Our results of operations may be adversely affected by operational risks inherent in the transportation and logistics industry.
The operation of vessels and other machinery relating to the shipping and cargo business involves an inherent risk of catastrophic marine disaster, mechanical failure, collisions, property losses to vessels, piracy, cargo loss or damage and business interruption due to outbreaks of infectious diseases or political actions in Mexico and in foreign countries. In addition, the operation of any harbor and seagoing vessel is subject to the inherent possibility of catastrophic marine disasters, including oil spills and other environmental accidents, and the liabilities arising from owning and operating vessels in international trade. Any such event may result in a reduction of revenues or increased costs. The Company's vessels are insured for their estimated value against damage or loss, including war, terrorism acts, and pollution risks and we also carry other insurance customary in the industry. We maintain insurance to cover the risk of partial or total loss of or damage to all of our assets including, but not limited to, harbor and seagoing vessels, port facilities, port equipment, land facilities and offices. In particular, we maintain marine hull and machinery and war risk insurance on our vessels, which covers the risk of actual or constructive total loss. Additionally, we have protection and indemnity insurance for damage caused by our operations to third persons. With certain exceptions, we do not carry insurance covering the loss of revenue resulting from a downturn in our operations or resulting from vessel off-hire time on certain vessels. In certain instances, and depending on the ratio of insurance claims to insurance premiums paid, we may choose to self-insure our over-the-road equipment following prudent guidelines. We cannot assure you that our insurance would be sufficient to cover the cost of damages suffered by us or damages to others, that any particular claim will be paid or that such insurance will continue to be available at commercially reasonable rates in the future. Additionally, some shipping, ports and terminals, and logistics activities decrease substantially during periods of bad weather. Such adverse weather conditions can adversely affect our results of operations and profitability if they occur with unusual intensity, during abnormal periods, or last longer than usual in our major markets, especially during peak shipping periods.
Employment / Personnel1 | 2.5%
Employment / Personnel - Risk 1
Potential labor disruptions could adversely affect our financial condition and our ability to meet our obligations under our financing arrangements.
As of March 31, 2021, we had 954 employees, approximately 14% of whom were unionized. The compensation terms of the labor agreement with these employees are subject to renegotiation on an annual basis and all other terms are renegotiated every two years. If we are not able to negotiate these provisions favorably, strikes, boycotts or other disruptions could occur, and these potential disruptions could have a material adverse effect on our financial condition and results of operations and on our ability to meet our payment obligations under our financing arrangements. As of the date of this Annual Report, the COVID-19 outbreak has not negatively affected our relations with our employees.  We cannot, however, assure you that the effects of COVID-19 will not lead to any labor disruptions in the future. In addition, in connection with the labor commitments included in the United States-Mexico-Canada Agreement ("USMCA"), the successor to the North American Free Trade Agreement ("NAFTA"), the Mexican government has recently enacted significant reforms aimed at protecting the rights of workers. These include ratification of the International Labor Organization's Convention C098, the "Right to Organize and Collective Bargaining Convention", and revisions to the Mexican Federal Labor Law (Ley Federal del Trabajo) aimed at prohibiting discrimination and workplace harassment, establishing new labor courts and judicial protections for workers, enhancing the transparency of procedures for the negotiation of collective bargaining agreements, and ensuring the voting rights of workers on matters such as union contracts and representation. These developments, together with substantial increases in Mexico's general minimum wage, have spurred increased demands from workers and labor unions for salary and benefit increases. We cannot predict how these developments may affect our business, results of operations or its financial condition. Any increased demands by our unionized workers may lead to higher labor costs, which could have a negative impact on our business, results of operations or financial condition.
Costs3 | 7.5%
Costs - Risk 1
Our results from operations are dependent on fuel expenses.
Our parcel tanker operations consume significant amounts of energy and fuel, the cost of which has fluctuated significantly worldwide in recent years. With respect to our other operations, our customers pay for the fuel consumption. We currently meet, and expect to continue to meet, our fuel requirements through purchases from various suppliers at North American market prices. In addition, instability caused by imbalances in the worldwide supply and demand of oil may result in increases in fuel prices. Our fuel expense represents a significant portion of our operating expenses in our parcel tanker operations, and there may be increases in the price of fuel that cannot be hedged or transferred to the final user of our transportation services. We cannot assure you that our operations would not be materially adversely affected in the future if energy and fuel costs increase from current levels.
Costs - Risk 2
The aging of the vessels we operate may result in increased operating costs in the future, which could adversely affect our earnings.
In general, the cost of maintaining a vessel in good operating condition increases with the age of the vessel. As the vessels we operate age, we will incur increased costs. Older vessels are typically less fuel efficient and more costly to maintain than more recently constructed vessels. Cargo insurance rates also increase with the age of a vessel, making older vessels less desirable to charterers. Governmental regulations and safety or other equipment standards related to the age of a vessel may also require expenditures for alterations or the addition of new equipment to vessels and may restrict the type of activities in which vessels may engage. We cannot assure you that, as the vessels we operate age, market conditions will justify such expenditures or will enable us to profitably operate the vessels during the remainder of their expected useful lives.
Costs - Risk 3
As a result of lower oil prices following declines from 2014 levels, our clients may reduce spending on exploration and production projects, resulting in a decrease in demand for our services.
Oil and natural gas prices, as well as market expectations of potential changes in these prices, significantly impact the level of worldwide drilling and production services activities. Reduced demand for oil and natural gas or periods of surplus oil and natural gas generally result in lower prices for these commodities and often impact the economics of planned drilling projects and ongoing projects, resulting in the curtailment, reduction, delay or postponement of such projects for an indeterminate period of time. When drilling and production activity and spending declines, vessel daily rates and utilization for our offshore vessels historically decline as well. Worldwide oil prices suffered a steep decline in 2020, with demand falling as countries enacted restrictions on travel and economic activity in response to the continued spread of COVID-19. Although prices have since risen substantially from their 2020 lows as restrictions have eased and economic activity has resumed, as of the date of this Annual Report they remain well below 2014 levels. If lower oil and natural gas prices persist for a prolonged period, or decline further, oil and gas exploration and production companies are likely to cancel or curtail their drilling programs and lower production spending on existing wells, thereby reducing demand for our services. Any prolonged reduction in the overall level of oil and gas exploration and development activities, whether resulting from changes in the price of oil, natural gas or otherwise, could materially and adversely affect us by negatively impacting: ? our revenues, cash flows and profitability; Grupo TMM, S.A.B. and Subsidiaries ? the fair market value and profitability of our vessels;? our ability to maintain or increase our borrowing capacity;? or ability to obtain additional capital to finance our business and make acquisitions, and the cost of that capital;? the collectability of our receivables; and ? our ability to retain skilled personnel whom we would need in the event of an upturn in the demand for our services. If any of the foregoing were to occur, it could have a material adverse effect on our business and financial results. The following table shows the high, low, average and period-end spot prices of Mexican crude oil as reported by the Bank of Mexico in U.S. dollars for the periods indicated below. Spot price of Mexican crude oil   Year Ended December 31,   High(1)     Low(1)     Average(1)     End of Year(2)                             2016     46.53       18.90       35.86       46.30   2017     56.19       39.20       46.36       56.19   2018     77.73       44.69       62.10       44.69   2019     65.83       43.65       56.13       56.14   2020     59.35       (2.37 )     35.70       47.16 Spot price of Mexican crude oil   Monthly,   High(3)     Low(3)     Average(3)     End of Month(4)   Year 2021                         January     52.25       47.12       51.06       51.18   February     62.23       53.05       58.08       60.89   March     64.48       56.23       60.65       58.37   April     61.12       56.62       58.38       61.39   May(5)     62.86       61.60       62.25       62.28 (1) The highest, lowest and average spot price of Mexican crude oil in U.S. dollars reported by Banco de México during the relevant year. (2) The spot price on the last day of each relevant year. (3) The highest, lowest and average spot price in the relevant month. (4) The spot price on the last day of each relevant month. (5) Through May 7, 2021.
Ability to Sell
Total Risks: 5/40 (13%)Below Sector Average
Competition2 | 5.0%
Competition - Risk 1
Our growth depends on our ability to expand relationships with existing charterers and other customers and to obtain new charterers and customers, for which we will face substantial competition.
Our principal objectives include acquiring and operating additional vessels in conjunction with entering into additional long-term, fixed-rate time charters for these ships, as well as entering into new long-term service contracts for our ports and terminals and logistics businesses. The process of obtaining new long-term contracts is highly competitive and generally involves an intensive screening process and competitive bids, and often extends for several months. Shipping charters and service contracts are awarded based upon a variety of factors relating to the contractor, including: ? industry relationships and reputation for customer service and safety;? experience and quality operations (including cost effectiveness);? quality and experience of operating personnel;? the ability to finance vessels and other assets at competitive rates and financial stability in general;? relationships with shipyards and the ability to get suitable berths;? relationships with ship owners and the ability to obtain suitable second-hand vessels and equipment;? construction management experience, including the ability to obtain on-time delivery of new ships and other assets according to customer specifications;? willingness to accept operational risks pursuant to the charter or other services, such as allowing termination for force majeure events, among others; and ? competitiveness of the bid in terms of overall price. We expect substantial competition from a number of experienced companies, including state-sponsored entities and major shipping, ports and terminals, and logistics companies. Some of these competitors have significantly greater financial resources than we do, and can therefore operate larger fleets, provide additional services, and potentially offer better rates. This competition may cause greater price competition for time charters and the other services we offer. As a result of these factors, we may be unable to expand our relationships with existing customers or to obtain new customers on a profitable basis, if at all, which would have a material adverse effect on our business, results of operations and financial condition and our ability to pay dividends to our stockholders.
Competition - Risk 2
Significant competition could adversely affect our future financial performance.
Certain of our business segments face significant competition, which could have a material adverse effect on our results of operations. Our international and domestic maritime operations have faced significant competition, mainly from U.S., Mexican and other international shipping companies acting directly or through a Mexican intermediary. In our logistics operations division, our services have faced intense competition, including price competition, from a large number of U.S., Mexican, and other international logistics companies. Our ports and terminals operations also face significant competition from companies that have expanded Mexican port facilities and related services in recent years. We cannot assure you that we will not lose business in the future due to our inability to respond to competitive pressures by decreasing our prices without adversely affecting our gross margins and operational results.
Demand2 | 5.0%
Demand - Risk 1
Downturns in certain cyclical industries in which our customers operate could have adverse effects on our results of operations.
The shipping, ports and terminals, and logistics industries are highly cyclical, generally tracking the cycles of the world economy. Although transportation markets are affected by general economic conditions, there are numerous specific factors within each particular market segment that may influence operating results. Some of our customers do business in industries that are highly cyclical, including the oil and gas and automotive sectors. The COVID-19 pandemic has precipitated a large drop in demand in these sectors as countries impose and maintain restrictions on domestic and cross-border travel and commercial activity in an effort to prevent or slow the spread of the virus.  Although the full extent and duration of such measures is uncertain, any sustained downturn in these sectors could have a material adverse effect on our operating results. Also, some of the products we transport have had a historical pattern of price cyclicality, which has typically been influenced by the general economic environment and by industry capacity and demand. We cannot assure you that prices and demand for these products will not decline in the future, adversely affecting those industries and, in turn, our financial results.
Demand - Risk 2
Our growth depends upon continued growth and demand for the maritime, ports and terminals, and logistics industries which may have been at or near the peak of their upward trend and rates have already been at or near historical highs. These factors may lead to reductions and volatility in rates and profitability.
The maritime, ports and terminals, and logistics industries are cyclical and volatile in terms of rates and profitability. In the future, rates and demand for vessels and other equipment and services may fluctuate as a result of changes in the size of and geographic location of supply and demand for oil and related products, as well as changes in the corresponding industry regulations. These and other factors affecting the supply and demand for maritime, ports and terminals, and logistics services in general are outside of our control, and the nature, timing and degree of changes in industry conditions are unpredictable. The factors that influence demand for our services include: ? supply and demand for products suitable for shipping, ports and terminals, and logistics services;? changes in global production of products transported by vessels or for which we render other services;? the distance cargo products are to be moved by sea or land;? the globalization of manufacturing;? global and regional economic and political conditions;? changes in seaborne and other transportation patterns, including changes in the distances over which cargoes are transported;? environmental and other regulatory developments;? technological advancements;? currency exchange rates;? weather and natural disasters; and ? global and regional public health developments. The factors that influence our services capacity include: ? the number of newbuilding vessel deliveries and the scrapping rate of similar vessels;? the Mexican foreign trade balance;? the price of steel and other raw materials;? changes in environmental and other regulations that may limit the useful life of vessels and other assets;? the number of vessels or other assets that are out of service;? port congestion; and ? the existence of emergency public health measures that may require us to suspend or curtail some of our businesses. Our ability to re-charter the vessels we operate upon the expiration or termination of their current charters and the charter rates payable under any renewal or replacement charters will depend upon, among other things, the prevailing state of the charter market for vessels. If the charter market is depressed when vessels' charters expire, we may be forced to re-charter the vessels at reduced rates or even possibly a rate whereby we incur a loss, which may reduce our earnings or make our earnings volatile. The same issues will exist if we acquire additional vessels and attempt to obtain multi-year time charter arrangements as part of our acquisition and financing plan.  Similarly, in our ports and terminals and logistics divisions, our ability to renew or extend our services agreements will be subject to current market conditions and other competitors.
Sales & Marketing1 | 2.5%
Sales & Marketing - Risk 1
Our customers may take actions that may reduce our revenues.
If our customers believe that our financial condition will result in a lower quality of service, they may discontinue use of our services. Additionally, some customers may demand lower prices. While we have contracts with some of our customers that prevent them from terminating our services or which impose penalties on customers who terminate our services, it may be impractical or uneconomical to enforce these agreements in Mexican courts. If any of these events occurs, our revenues will be reduced.
Legal & Regulatory
Total Risks: 3/40 (8%)Below Sector Average
Regulation2 | 5.0%
Regulation - Risk 1
Mexican antitrust laws may limit our ability to expand through acquisitions or joint ventures.
Mexico's federal antitrust laws and regulations may affect some of our activities, including our ability to introduce new products and services, enter into new or complementary businesses or joint ventures and complete acquisitions. In addition, the federal antitrust laws and regulations may adversely affect our ability to determine the rates we charge for our services and products. Approval of the Comisión Federal de Competencia, or Mexican Antitrust Commission, is required for us to acquire and sell significant businesses or enter into significant joint ventures and we cannot assure you that we would be able to obtain such approval. Grupo TMM, S.A.B. and Subsidiaries
Regulation - Risk 2
If the time charter arrangements for the vessels we operate are terminated or expire, our business could be adversely affected.
As of March 31, 2021, we operated nine offshore vessels on time charter to PEMEX Exploración y Producción ("PEP"). PEP is a subsidiary of Petróleos Mexicanos, the national oil company of Mexico ("PEMEX").  In addition, as of March 31, 2021, we operated five offshore vessels under chartering agreements with private companies in the spot market for time periods of one year or less and ten offshore vessels and one product tanker were without a contract. In the event that these time charter agreements are terminated or expire without being renewed, we will be required to seek new bareboat or time charter agreements for these vessels. We cannot be sure that bareboat or time charters will be available for the vessels following termination or expiration, or that bareboat or time charter rates in effect at the time of such termination or expiration will be comparable to those in effect under the existing time charters or in the present market. In the event that bareboat or time charters are not available on terms acceptable to us, we may operate those vessels in the spot market. Because charter rates in the spot market are subject to greater fluctuation than longer term bareboat or time charter rates, any failure to maintain existing, or enter into comparable, charter agreements could adversely affect our operating results.
Environmental / Social1 | 2.5%
Environmental / Social - Risk 1
Our operations are subject to extensive environmental and safety laws and regulations and we may incur costs that have a material adverse effect on our financial condition as a result of our liabilities under or potential violations of environmental and safety laws and regulations.
Our operations are subject to general Mexican federal and state laws and regulations relating to the protection of the environment. The Mexican Attorney General for Environmental Protection (Procuraduría Federal de Protección al Ambiente) is empowered to bring administrative and criminal proceedings and impose corrective actions and economic sanctions against companies that violate environmental laws, and temporarily or permanently close non-complying facilities. The Mexican Ministry of Environmental Protection and Natural Resources (Secretaría del Medio Ambiente y Recursos Naturales or "SEMARNAT") and other ministries have promulgated compliance standards for, among other things, water discharge, water supply, air emissions, noise pollution, hazardous substances transportation and handling, and hazardous and solid waste generation. Under the environmental laws, the Mexican government has implemented a program to protect the environment by promulgating rules concerning water, land, air and noise discharges or pollution, and the transportation and handling of wastes and hazardous substances. We are also subject to the laws of various jurisdictions and international conferences with respect to the discharge of hazardous materials, wastes and pollutants into the environment. While we maintain insurance against certain of these environmental risks in an amount which we believe is consistent with amounts customarily obtained in accordance with industry norms, we cannot assure you that our insurance will be sufficient to cover damages suffered by us or that insurance coverage will always be available for these possible damages. Furthermore, such insurance typically excludes coverage for fines and penalties that may be levied for non-compliance with environmental laws and regulations. We anticipate that the regulation of our business operations under federal, state and local environmental laws and regulations will increase and become more stringent over time. We cannot predict the effect, if any, that the adoption of additional or more stringent environmental laws and regulations would have on our results of operations, cash flows, capital expenditure requirements or financial condition. Our maritime operations provide services to transport petrochemical products and refined clean and dirty petroleum products, respectively. See Item 4. "Information on the Company - Business Overview - Maritime Operations." Under the United States Oil Pollution Act of 1990 ("OPA" or "OPA 90"), responsible parties, including ship owners and operators, are subject to various requirements and could be exposed to substantial liability, and in some cases unlimited liability, for removal costs and damages, including natural resource damages and a variety of other public and private damages resulting from the discharge of oil, petroleum or related substances into the waters of the United States. In some jurisdictions, including the United States, claims for spill clean-up or removal costs and damages would enable claimants to immediately seize the ships of the owning and operating company and sell them in satisfaction of a final judgment. The existence of comparable statutes enacted by individual states of the United States, but requiring different measures of compliance and liability, creates the potential for similar claims being brought in the United States under state law. In addition, several other countries have adopted international conventions that impose liability for the discharge of pollutants similar to OPA. If a spill were to occur in the course of operation of one of our vessels carrying petroleum products, and such spill affected the waters of the United States or another country that had enacted legislation similar to OPA, we could be exposed to substantial or unlimited liability. Additionally, our vessels carry bunkers (ship fuel) and certain goods that, if spilled, under certain conditions, could cause pollution and result in substantial claims against us, including claims under international laws and conventions, OPA and other U.S. federal, state and local laws. Further, under OPA and similar international laws and conventions, we are required to satisfy insurance and financial responsibility requirements for potential oil spills and other pollution incidents. Penalties for failure to maintain the financial responsibility requirements can be significant and can include the seizure of the vessel. The vessels we operate must also meet stringent operational, maintenance and structural requirements, and they are subject to rigorous inspections by governmental authorities such as the U.S. Coast Guard for those vessels that operate within U.S. territorial waters. Non-compliance with these regulations could give rise to substantial fines and penalties. We could have liability with respect to contamination at third-party facilities in the United States where we have transported hazardous substances or wastes under the U.S. Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA" or "Superfund") and comparable state laws (known as state Superfund laws). CERCLA and the state Superfund laws impose joint and several liability for the cost of investigation and remediation, natural resources damages, certain health studies and related costs, without regard to fault or the legality of the original conduct, on certain classes of persons with respect to the release into the environment of certain substances.  These persons, commonly called "potentially responsible parties" or "PRPs," include the current and certain prior owners or operators of and persons that arranged for the disposal or treatment of hazardous substances at sites where a release has occurred or could occur. In addition, other potentially responsible parties, adjacent landowners or other third parties may initiate cost recovery actions or toxic tort litigation against PRPs under CERCLA or state Superfund law or state common law. The U.S. Clean Water Act imposes restrictions and strict controls regarding the discharge of wastes into the waters of the United States. The Clean Water Act and comparable state laws provide for civil, criminal and administrative penalties for unauthorized discharges of pollutants. In the event of an unauthorized discharge of wastes or pollutants into waters of the United States, we may be liable for penalties and could be subject to injunctive relief.
Tech & Innovation
Total Risks: 1/40 (3%)Below Sector Average
Cyber Security1 | 2.5%
Cyber Security - Risk 1
Changed
Our information technology systems may be subject to security incidents or interruptions in network connectivity which could have an material adverse effect on our business.
Our business is supported by a robust platform of information and communications technology systems, including hardware and software which are susceptible to security incidents or disconnections from the local and/or global computer networks. We have employed various cybersecurity defenses and measures to protect our systems from the risks of cyberattacks and implemented sophisticated means of monitoring communications. Threats are constantly evolving, however, and our protection measures could be compromised, which could result in unauthorized access to our systems. File abduction, data corruption alteration, spread of computer viruses, installation of malware or ransomware or other malicious acts intended to disrupt our operations are a constant threat, and if our systems are affected by a security incident or service outage, we may experience a decrease in operational performance, an increase in operating costs and damage to our reputation. Any significant security breaches or disruptions to the connectivity or performance of our information technology systems could have a material adverse effect on our operating results and financial condition.
See a full breakdown of risk according to category and subcategory. The list starts with the category with the most risk. Click on subcategories to read relevant extracts from the most recent report.

FAQ

What are “Risk Factors”?
Risk factors are any situations or occurrences that could make investing in a company risky.
    The Securities and Exchange Commission (SEC) requires that publicly traded companies disclose their most significant risk factors. This is so that potential investors can consider any risks before they make an investment.
      They also offer companies protection, as a company can use risk factors as liability protection. This could happen if a company underperforms and investors take legal action as a result.
        It is worth noting that smaller companies, that is those with a public float of under $75 million on the last business day, do not have to include risk factors in their 10-K and 10-Q forms, although some may choose to do so.
          How do companies disclose their risk factors?
          Publicly traded companies initially disclose their risk factors to the SEC through their S-1 filings as part of the IPO process.
            Additionally, companies must provide a complete list of risk factors in their Annual Reports (Form 10-K) or (Form 20-F) for “foreign private issuers”.
              Quarterly Reports also include a section on risk factors (Form 10-Q) where companies are only required to update any changes since the previous report.
                According to the SEC, risk factors should be reported concisely, logically and in “plain English” so investors can understand them.
                  How can I use TipRanks risk factors in my stock research?
                  Use the Risk Factors tab to get data about the risk factors of any company in which you are considering investing.
                    You can easily see the most significant risks a company is facing. Additionally, you can find out which risk factors a company has added, removed or adjusted since its previous disclosure. You can also see how a company’s risk factors compare to others in its sector.
                      Without reading company reports or participating in conference calls, you would most likely not have access to this sort of information, which is usually not included in press releases or other public announcements.
                        A simplified analysis of risk factors is unique to TipRanks.
                          What are all the risk factor categories?
                          TipRanks has identified 6 major categories of risk factors and a number of subcategories for each. You can see how these categories are broken down in the list below.
                          1. Financial & Corporate
                          • Accounting & Financial Operations - risks related to accounting loss, value of intangible assets, financial statements, value of intangible assets, financial reporting, estimates, guidance, company profitability, dividends, fluctuating results.
                          • Share Price & Shareholder Rights – risks related to things that impact share prices and the rights of shareholders, including analyst ratings, major shareholder activity, trade volatility, liquidity of shares, anti-takeover provisions, international listing, dual listing.
                          • Debt & Financing – risks related to debt, funding, financing and interest rates, financial investments.
                          • Corporate Activity and Growth – risks related to restructuring, M&As, joint ventures, execution of corporate strategy, strategic alliances.
                          2. Legal & Regulatory
                          • Litigation and Legal Liabilities – risks related to litigation/ lawsuits against the company.
                          • Regulation – risks related to compliance, GDPR, and new legislation.
                          • Environmental / Social – risks related to environmental regulation and to data privacy.
                          • Taxation & Government Incentives – risks related to taxation and changes in government incentives.
                          3. Production
                          • Costs – risks related to costs of production including commodity prices, future contracts, inventory.
                          • Supply Chain – risks related to the company’s suppliers.
                          • Manufacturing – risks related to the company’s manufacturing process including product quality and product recalls.
                          • Human Capital – risks related to recruitment, training and retention of key employees, employee relationships & unions labor disputes, pension, and post retirement benefits, medical, health and welfare benefits, employee misconduct, employee litigation.
                          4. Technology & Innovation
                          • Innovation / R&D – risks related to innovation and new product development.
                          • Technology – risks related to the company’s reliance on technology.
                          • Cyber Security – risks related to securing the company’s digital assets and from cyber attacks.
                          • Trade Secrets & Patents – risks related to the company’s ability to protect its intellectual property and to infringement claims against the company as well as piracy and unlicensed copying.
                          5. Ability to Sell
                          • Demand – risks related to the demand of the company’s goods and services including seasonality, reliance on key customers.
                          • Competition – risks related to the company’s competition including substitutes.
                          • Sales & Marketing – risks related to sales, marketing, and distribution channels, pricing, and market penetration.
                          • Brand & Reputation – risks related to the company’s brand and reputation.
                          6. Macro & Political
                          • Economy & Political Environment – risks related to changes in economic and political conditions.
                          • Natural and Human Disruptions – risks related to catastrophes, floods, storms, terror, earthquakes, coronavirus pandemic/COVID-19.
                          • International Operations – risks related to the global nature of the company.
                          • Capital Markets – risks related to exchange rates and trade, cryptocurrency.
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