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In recent years, Peru has implemented an administrative legal system aimed at achieving the corporate restructuring of companies through Instituto de Defensa de la Competencia y de la Protección de la Propiedad Intelectual - INDECOPI (Institute for the Defense of Competition and Protection of Intellectual Property), which has contributed to establishing efficient and organized mechanisms for the economic and financial recovery of debtors, or to allow their organized exit from the market in case their businesses cease to be viable.
In this scenario, a large portion of the most significant corporate restructuring transactions carried out in Peru during recent years have been led by the Corporate Restructuring Practice Group of Rodrigo, Elías & Medrano Abogados.
This area has essentially focused its advisory on the main creditors (basically financial system entities), individually or jointly, aimed at the development of administrative bankruptcy procedures, the design and preparation of restructuring plans, liquidation agreements, agreements with other creditors and potential investors, and comprehensive advisory in corporate, labor and tax matters, among others, regarding the restructured companies.
In particular, the Corporate Restructuring Area of Rodrigo, Elías & Medrano Abogados has provided legal advice to the main financial entities of the country, such as Banco Wiese Sudameris, Wiese Sudameris Leasing S.A., Banco de Crédito del Perú and Corporación Andina de Fomento, among others, in the development of successful restructuring processes, as in the case of Austral Group S.A.A., Pesquera Hayduk S.A., Corporación Transcontinental del Perú S.A.C., Corporación Andina de Distribución S.A. - CARSA and Corporación El Golf S.A. (Hotel Los Delfines).
It has also participated, on behalf of the debtor, in the restructuring process of Corporación Fabril de Confecciones S.A. - COFACO, one of the main companies of the Peruvian textile industry.
Moreover, it has represented Empresa Editora El Comercio S.A., as a member of Grupo Plural TV, in the restructuring process of Compañía Peruana de Radiodifusión S.A. - Canal 4, one of the main open TV signal broadcasting companies in Peru.
Another example of its practice is represented by corporate liquidation transactions, as in the case of Corporación Pesquera San Antonio S.A., which involved the successful design and execution of liquidation mechanisms such as the "going concern" and the sale of productive units.
At present, the firm is participating in significant restructuring processes, involving Siderperú S.A.A., Textil San Cristobal S.A., Cía Minera Szyapullo, and Cía. Minera Amanea, among others.
The members of the Restructuring Area have acted as speakers in several events, seminars and conferences on bankruptcy issues, organized by INDECOPI and by professional and academic institutions. They have also been invited to participate in discussion sessions organized by INDECOPI prior to the enactment of the recent General Law of the Bankruptcy System. Sandro Fuentes,
partner
Guillermo Puelles,
partner
Hugo Silva,
partner
Jorge Trelles,
associate
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