FINANCIAL REGULATION
Our firm has an important practice in financial regulation issues. We advise various companies in the banking-financial, insurance and stock market sectors, among others.
Partner: Rafael Alcázar, Counsel: María Isabel Pastor
- Financial System companies
- Insurance Companies
- Private Pension Fund Administrators
- Complementary and Related Services Companies
- Factoring companies
- Leasing companies
- Savings and Loan companies
- Fintech
- Crowdfunding
- Financial Intermediaries of Stock Markets
- Mutual fund managers and investment funds
- Risk classifiers
- Securitization companies
Our firm has extensive experience in procedures before regulatory entities, such as obtaining authorizations for organization and operation, representatives of companies in the financial system not established in the country, share transfers, corporate reorganizations, bylaws amendment, registrations and registry updates, among others. We have an important practice in advising supervised companies in compliance with their regulatory obligations, such as information reporting obligations, implementation of corporate governance rules, risk management, auditing, preparation of financial information, prevention of money laundering and financing of terrorism, management of market conduct, among others.
Our specialized knowledge allows us to provide advice in complex technical reports on local financial regulation.
Advising financial organizations
Providing legal counsel to financial organizations requires a comprehensive approach embracing not only assistance in considerations of strictly regulatory nature, but one that in addition encompasses the whole range of fields where such companies carry out their business.
Rebaza, Alcázar & De Las Casas lawyers posses vast experience in providing advice to local and international financial and banking companies in all their fields of activity, as has been described in the sections above on Mergers & Acquisitions, Stock Markets, and Corporate Financing and Reorganization.
Our knowledge and skills in these fields are perfectly matched by our lawyers’ experience in all other topics required to provide financial organizations with expert advice. These areas cover the whole scope of topics from requirements for organizing financial institutions in Peru through conventional bank operations, trust funds, leasing transactions, to assisting in derivatives transactions, and counseling on the entire range of the various bank regulatory issues faced by financial organizations in their daily activities.
Rebaza, Alcázar & De Las Casas’ comprehensive advice to financial organizations includes the following areas:
- Advice to Banks, Financing Companies, Microfinance entities, Rural and Municipal S&L’s, and Leasing Companies
- Organization and establishment of banks and other licensed financial entities
- Regulation pf banking transactions
- Banking secrecy
- Deposit Insurance Fund
- Risk Rating Agencies
- Legal Reserv
- Guarantees
- Operational limits
- Transactions and Services
- Credits
- Factoring
- Discounting
- Portfolio sales and purchases
- Financial leasing
- Escrow and Guarantee trust funds
- Banking commissions
- Foreign trade financing
- Wind-up of financial entities
- Derivative
- Options
- Swaps
- Futures
- Forwards
Mutual Funds
As a collective investment arrangement, mutual funds have become some of the most significant institutional investors in the Peruvian capital markets. Mutual funds gained major local market recognition in the 1990s. They provide a substantial investment option to both individuals and companies holding surplus resources, while also meeting institutional investors’ demand for movable securities.
The lawyers at Rebaza , Alcázar & De Las Casas Abogados have frequently advised mutual funds on regulatory, supervision, guarantee, participant, and regulated investment issuances, among others.
Investement Funds
After Legislative Decree 862 was passed in Congress, investment funds emerged as an interesting option for project structuring. In other markets lacking prudential regulation or strict supervision, investment funds have become tools for developing a vast range of projects including real estate developments, and even high risk and volatile investments –such as junk bonds—through acquisition and sale of companies under corporate reorganization.
At Rebaza , Alcázar & De Las Casas Abogados, our lawyers have been frequently provided legal counsel for Investment Funds in fields ranging from alternative structuring options to regulatory and supervision issues, guarantees, participants, regulated investments, taxation, and other related issues.
Pension Funds and Insurance Companies
Pension Funds (AFP’s in Peru) and Insurance Companies take portfolio positions in both debt and equity. As of October 31, 2004, Pension Funds managed a total of approximately 24.8 million Nuevos Soles (USD 7.6 million). In view of such strong liquidity, a range of new products—designed under a framework of regulations recently approved by the Bank and Insurance Superintendent (SBS)—that broaden the scope for private placements of security investment options for institutional investors have been devised. These options combine underlying assets originating in both local and foreign economic activities, when the majority component of such products is of domestic origin.
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HIGHLIGHTS
We assisted Industrial and Commercial Bank of China – ICBC, in procedures before the Banking, Insurance and Private Pension Fund Managers Superintendency (SBS) for its operation as a Peruvian banking company.
We assisted Servitebca Perú, a company of the Intercorp Group, in procedures before the SBS to obtain the authorization to operate as the first e-money issuing company (Empresa Emisora de Dinero Electrónico) in Perú.
We advise J.P. Morgan Banco de Inversion in procedures before the SBS for its operation as the first and unique investment bank in Perú as well as in all the corporate and regulatory matters regarding its operation in Perú as a subsidiary of J.P. Morgan Chase Bank N.A.
We assisted Banco Azteca del Perú S.A. (BAZ) on the transfer of 100% of their shares to a group of investors and we have also begun a comprehensive advisory to BAZ’s board of directors.
We advised Banco de Crédito e Inversiones – BCI, in the authorization of organization process and currently we are advising them to obtain the authorization to operate as a banking company. BCI Bank is the third largest bank of Chile in terms of assets. It has an international presence through a branch in Florida (United States) and is continuing with its expansion through the incorporation of a new bank in Perú.
We advised Lexington Partners on all regulatory queries before our client offered tickets to Peruvian Pension Funds and henceforward regarding compliance with the Peruvian Law and the investment of national institutional investors in the Lexington investment funds abroad.
We advised HMC SAFI (an investment fund management company) on all the proceedings and activities to obtain the relevant authorizations and permits required by the Peruvian Superintendency of Securities (SMV) to incorporate and manage investments funds.
We advised BTG Pactual Perú SAF (a mutual fund management company) on all the proceedings and activities to obtain the relevant authorizations and permits required by the SMV to manage mutual funds.
We currently advice Morgan Stanley on the implementation of all requirements and standards set forth in Peruvian regulations applicable to all the investment funds offered by Morgan Stanley.
We advise GM Financial del Perú in all corporate, regulatory and legal matters regarding its operation in Perú, this includes our advice on all the financing granted to the dealers of General Motors vehicles in Perú as well as in all the data protection, anticorruption and compliance matters.
Related Practices
Financings
Venture Capital & Technology
Fintech
Tax