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Banking & Finance

Peru

Our expertise in Banking & Finance encompasses diverse financing, participating mainly in project finance, syndicated loans, issuance and placement of debt instruments and collateral debt obligations. We have counseled domestic and foreign financial institutions, international  agencies, investment funds, private and public investors, domestic and foreign companies, and the Peruvian government; something that has allowed us to gain experience from different perspectives of the transaction, be it a borrower or lender, structuring agents or emitters.

Among others, we have advised Antamina Mining Company and its shareholders (Teck and Mitsubishi) on the largest private financing ever to take place in Peru, for US$ 2,300 MM for the construction and commissioning of the  Antamina copper mining project, operator of the world´s third largest mine. We have also been active participants in the financing of the first road infrastructure concession in Peru, providing advice to international agencies such as IFC and BID, for an amount of US$ 35 MM. Moreover, we have counseled the World Bank on a securities issue, to KFW on a structured loan to a State owned company, and to the Peruvian Government in the international issue of Global Bonds for US$ 600 MM. We have also assisted the Andean Development Corporation (CAF) and the German Investment and Development Corporation (DEG) in the financing of electricity projects. Also, we participated actively in the financing of the expansion of the operations of Grupo Falabella in Peru for an amount of over US$ 300 MM. In the capital market, highlights our experience counseling the placement of securities in the Peruvian market and, along with international consultants, in the stock markets of the United States, Canada and Europe.

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A ‘top legal advisor for finance matters’, CMS Grau is hailed as ‘very professional, responsive and fully dedicated to its clients’ needs’. Team head Juan Carlos Escudero is an ‘exceptionally intelligent lawyer’, who is ‘able to understand the issues his clients want to resolve, and build the appropriate team to tackle the issue’.

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28 April 2021
Chal­len­ging bond calls on in­ter­na­tion­al pro­jects: Eng­lish courts vs Emer­gency...
A re­cent de­cision of the Eng­lish Com­mer­cial Court has re­fused an ap­plic­a­tion for an in­junc­tion re­quir­ing a be­ne­fi­ciary un­der an on-de­mand bond to with­draw its de­mand and re­frain from mak­ing fur­ther de­mands...
07 April 2021
Fintech in Peru
1. Fintech in Lat­in Amer­ica: over­view of loc­al mar­kets  Peru is an ex­tremely at­tract­ive coun­try for Fintech com­pan­ies that want to enter the Per­uvi­an mar­ket and cov­er those sec­tors and ser­vices of...
Comparable
25 de febrero, 2021
SBS emite el Re­gla­mento para la Gestión de la Se­gur­id­ad de la In­form­a­ción...
Me­di­ante Res­olu­ción SBS No. 504-2021 (“Res­olu­ción”), de fecha 23 de feb­rero de 2021, la Su­per­in­tend­en­cia de Banca, Se­gur­os y Ad­min­is­trador­as Priva­das de Fon­dos de Pen­siones (“SBS”) pub­licó...
05 January 2021
PRICL - a game changer in the re­in­sur­ance world?
Al­though the “club at­mo­sphere” around re­in­sur­ance has been dis­turbed in re­cent years due to a surge in re­in­sur­ance dis­putes and the reg­u­lat­or’s en­hanced ini­ti­at­ives to boost con­tract cer­tainty1...
01 September 2020
Re­struc­tur­ing and in­solv­ency law in Peru
1. What is the primary le­gis­la­tion gov­ern­ing in­solv­ency and re­struc­tur­ing pro­ceed­ings in your jur­is­dic­tion? Per­uvi­an bank­ruptcy pro­ceed­ings are gov­erned mainly by Per­uvi­an Bank­ruptcy Law No. 27809 and...
Comparable
07 August 2020
Oil & Gas / Ship­ping – Com­mer­cial Court Ex­am­ines Leg­al Ef­fect of “Sub­ject...
In the con­text of a crude oil voy­age charter, the Com­mer­cial Court has provided guid­ance on the leg­al ef­fect of “sub­ject to” pro­vi­sions in con­tracts.  In do­ing so, the Com­mer­cial Court noted that...
22 June 2020
The Lat­in Amer­ic­an Gen­er­al Coun­sel
The first CMS Gen­er­al Coun­sel re­port in the Lat­in Amer­ica re­gion, “The Lat­in Amer­ic­an GC: Rising to the chal­lenge”, ex­plores the de­vel­op­ment of the Gen­er­al Coun­sel role and how the world in which...
22 June 2020
The Lat­in Amer­ic­an Gen­er­al Coun­sel
The first CMS Gen­er­al Coun­sel re­port in the Lat­in Amer­ica re­gion, “The Lat­in Amer­ic­an GC: Rising to the chal­lenge”, ex­plores the de­vel­op­ment of the Gen­er­al Coun­sel role and how the world in which...
09 June 2020
In­solv­ency law and rules in Peru
1. What type of re­struc­tur­ing schemes ex­ist in Peru? In Peru, cor­por­ate re­struc­tur­ing is car­ried out through in­solv­ency pro­ceed­ings. These pro­ceed­ings are handled by a na­tion­al ad­min­is­trat­ive agency...
05 June 2020
Ad­vance pay­ment bonds: “step­ping down” pro­vi­sions and more guid­ance on...
Last month we re­por­ted on a TCC de­cision which con­sidered the re­quire­ments for mak­ing and re­ject­ing a de­mand un­der an ad­vance pay­ment bond sub­ject to the URDG. Very sim­il­ar is­sues have now been con­sidered...
17 April 2020
Law and reg­u­la­tion of Cov­id-19 loan morator­i­ums in Peru
1. De­scrip­tion of the le­gis­la­tion 1.1 Is there a morator­i­um on loans le­gis­la­tion im­ple­men­ted in your jur­is­dic­tion? Yes. 1.2 If no: Are there any on­go­ing dis­cus­sions re­gard­ing a po­ten­tial in­tro­duc­tion...
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26 March 2020
Sta­bil­isa­tion and re­struc­tur­ing law in Peru
1. Which fin­an­cial (not tax or la­bour) short-term com­pens­a­tion schemes for im­me­di­ate losses due to so­cial dis­tan­cing meas­ures have been im­ple­men­ted? For which in­dus­tries/sizes of busi­ness? Con­sid­er­ing...