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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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    The capital market team is made up of lawyers specializing in regulation and in transnational legal matters. 

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    22 June 2020
    The Lat­in Amer­ic­an Gen­er­al Coun­sel
    The first CMS Gen­er­al Coun­sel re­port in the Lat­in Amer­ica re­gion ex­plores the de­vel­op­ment of the GC role and how the world in which GCs work im­pacts them
    09 June 2020
    CMS Ex­pert Guide to In­solv­ency in Lat­in Amer­ica
    CMS Ex­pert Guide to In­solv­ency in Lat­in Amer­ica has been pre­pared in or­der to provide an in­tro­duc­tion and brief ex­plan­a­tion of cer­tain in­solv­ency is­sues that have be­come rel­ev­ant in the cur­rent con­text in the fol­low­ing jur­is­dic­tions:  Chile, Colom­bia, Mex­ico and Peru.
    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...
    22 June 2020
    The Lat­in Amer­ic­an Gen­er­al Coun­sel
    The first CMS Gen­er­al Coun­sel re­port in the Lat­in Amer­ica re­gion ex­plores the de­vel­op­ment of the GC role and how the world in which GCs work im­pacts them
    17 April 2020
    CMS Ex­pert Guide to Coronavir­us Re­lated Loan Morator­i­ums
    This guide con­tains a brief but com­pre­hens­ive over­view of cred­it morator­i­ums for 30 coun­tries world­wide, col­lated with a view to help­ing our cli­ents nav­ig­ate through the vari­ous gov­ern­ment re­sponses, and which will be up­dated on a reg­u­lar basis.
    19 March 2020
    Crowd­fund­ing le­gis­la­tion en­acted in Peru
    Back­ground Through Title IV of the Emer­gency De­cree No. 013-2020-JUS/DG­TAIPD (here­in­after, the “De­cree”) rules were es­tab­lished to pro­mote and en­cour­age crowd­fund­ing as an in­stru­ment that pro­motes...
    26 March 2020
    CMS Ex­pert Guide to Sta­bil­isa­tion and Re­struc­tur­ing Ini­ti­at­ive
    22 August 2019
    Mex­ico: Sup­ple­ment­ary reg­u­la­tions to the FinTech law pub­lished
    Fol­low­ing the pas­sage of Mex­ico’s Law to Reg­u­late Fin­an­cial Tech­no­logy In­sti­tu­tions (the “Fintech Law”) in March last year, the Na­tion­al Com­mis­sion for the Pro­tec­tion and De­fence of Fin­an­cial Ser­vices...
    19 July 2019
    Po­s­eidon Prin­ciples and re­spons­ible ship fin­an­cing
    On 18th June 2019, 11 banks with col­lect­ively over $100bn in as­sets and rep­res­ent­ing nearly 20% of the glob­al ship fin­ance signed a glob­al frame­work agree­ment, called the Po­s­eidon Prin­ciples. These are...
    16 July 2019
    An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
    Data Pro­tec­tion The European Gen­er­al Data Pro­tec­tion Reg­u­la­tion raises at least two is­sues in par­tic­u­lar in this con­text. First: is pseud­onym­ous in­form­a­tion per­son­al data? Second: how can a “right...
    11 July 2019
    An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
    Rem­ed­ies: In Prin­ciple The ori­gin­al Bit­coin White Pa­per stressed the im­port­ance of trans­ac­tions not be­ing re­vers­ible. Ir­re­vers­ib­il­ity is a func­tion of Bit­coin, de­lib­er­ately de­signed to re­duce trans­ac­tion...
    08 July 2019
    An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
    Jur­is­dic­tion­al is­sues Many com­ment­at­ors note that true de­cent­ral­isa­tion im­plies that en­force­ment of ob­lig­a­tions must be ef­fected through the sys­tem. A per­mis­sioned sys­tem may in­clude con­ven­tion­al gov­ern­ing...