Corporate/M&A

CMS Grau has a strong corporate team that provides support in the designing, negotiating and in conducting purchase and merger and acquisition operations in the mining, energy, real estate, commercial, industrial, health, and agriculture sectors through all stages of negotiations until the closing of the agreement.

We have participated in the largest shares and rights acquisition ever made in Peru for an amount of over 6 billion dollars, as well as provided counsel for one of the largest and most important operations in the electricity sector.

We have a well-developed and very successful methodology that is very meticulous with all the regulatory, environmental, sectoral and other relevant aspects of a transaction. We make sure to always provide efficient tax planning, and we make sure to verify all the sensitive aspects from the labor point of view. We work closely with audit firms, financial consultants; and in situations of natural resources transactions, we work with environmental consultants, community relations and social consultants. We are convinced that only a well coordinated work effort with the other consultants in a transaction can provide the optimum result that the client expects.

Some of the transactions in which we have participated, we highlight the takeover bid (TOB) of the control of Embotelladora Latinoamericana S.A. ELSA (for the Coca Cola Company in Peru), by counseling Coca-Cola Embonor of Chile; the expansion program of shopping malls and retail shops of the Falabella Group through the purchase of assets and companies; the purchase of the largest home improvement chain in Peru; counseling to Nabisco (today Mondelez) on the purchase of one of the most important Peruvian companies in the food sector; we counseled Shell in the sale of the downstream business line to Primax, as part of the implementation of the fuel trading business in Latin America through a macro distributor; and we also counseled Exxon Mobil on a similar operation.

In the natural resources sector, the sale of Teck Cominco and Marubeni's majority stake in the Cajamarquilla Zinc Refinery; we provided counsel to the Sumitomo Corporation on the purchase of a stake in Cerro Verde, the acquisition of 100% of the shares of BHP Billiton Tintaya S.A. in favor of Xstrata, an operation of US$ 750 MM; and on the acquisition by Chinese Consortium Zijin (the largest gold company in the world) of 89.9% of Monterrico Metals for US$ 200 MM through the AIM of the London Stock Exchange for the development of one of the largest copper projects in the world; we also counseled Mitsubishi Corporation on the purchase of a stake in the Quellaveco project.

Our services include consulting in complex corporate relationships in cases of conflict or divergent interests, ensuring our clients that their rights as shareholders are respected. A wide experience in the handling and solution in societal and corporate matters are testimony to our work.

Our acquired knowledge and experience in the corporate arena has allowed us to build lasting and trusting relationships with our clients. The team's ability to understand the customers' business, together with a broad understanding of their anticipated needs, has allowed the corporate area to grow consistently over the last twenty years.

We have also learned under this philosophy that small customers can quickly become strong players. Their growth allows us to provide more diversified legal counsel and puts us in a unique position to understand their needs.