Benites, Forno & Ugaz Abogados

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Benites, Forno, Ugaz & Ludowieg, Andrade is a firm commitment to ethics, professional excellence and social responsibility. It brings together different generations of attorneys familiar with a multi-disciplinary approach and with a deep understanding of businesses and industries. Many of the firm’s attorneys have completed graduate studies at prestigious universities abroad, have worked for leading companies and institutions in other countries, and hold teaching positions in the major law schools in Peru.

Main areas of practice

Arbitration and litigation: It manages representation in all kinds of arbitration and judicial procedures, especially in those related to statutory and contract interpretation; contract formation and performance; damages; shareholders’ rights; and corporate affairs. Its recent relevant experience includes the representation of local bank in a claim regarding the nullity of a US$40 million financing contract, and the representation of an individual before the Inter-American Court of Human Rights (Costa Rica) in a leading case on tax matters.

Banking & finance: It provides legal advice on regulatory and transactional matters to local and foreign banks and other financial entities. Likewise, it provides legal advice to non financial entities on loans and other means of financing. Its recent experience includes the representation of several local banks in syndicated loan agreements, subordinated loan agreements, loan agreements granted by multilateral entities (IDB, IFC, CAF, FMO) and the constitution of a trust for the construction of 16,000 houses (the biggest real estate trust in the history of the local market).

Criminal law: It provides preventive advisory to eliminate criminal contingencies in corporate, contractual or tax transactions as well as in business in general. Likewise, it provides advice on criminal contingencies, represents interests before the attorney general’s office and the courts, and solves cases of organised crime – developing strategies of mixed private and police investigations. Its recent experience includes the successful representation of a foreign investment bank in a criminal proceeding related to a financial bailout and the representation of numerous American citizens affected by a fraudulent scheme.

Corporate law and merger & acquisitions: It provides legal advice on corporate matters to legal entities that belong to a wide range of industries (from banking to telecommunications), with particular emphasis on matters involving shareholders’ relations and managerial decision-making. Likewise, it provides full advice on the designing and implementation of mergers and acquisitions transactions. Its recent experience includes the representation of leading companies (COPEINCA, PROSEGUR, PACÍFICO) in the acquisition of several local companies.

Investment in public infrastructure and services: It provides legal advice on private initiatives and selection procedures for the investment in public infrastructure and services. Its recent experience includes the representation of Lima’s municipal government in the designing and granting of the concession for the ‘Yellow Highway’ toll road, which will connect Lima to the province of Callao.

Oil & gas: It provides legal advice on public and private bids for the acquisition of exploitation and exploration licences and service contracts. Likewise, it advises on the structuring and negotiation of gas distribution contracts, oil and gas transportation contracts, petroleum purchase agreements, hydrocarbons storage contracts, among others. Regulatory, environmental and archeological aspects related to the oil and gas industry are also covered by this practice. Its recent experience includes the representation of one of the upstream licensees of the Camisea Project, and the advisory to the constructor of the Natural Gas Camisea Pipeline System.

Tax: It provides legal advice on tax and customs matters, with special emphasis in tax planning and transfer pricing. Its recent relevant experience includes the advisory to several local banks in transfer pricing matters.

International work

In recent years, the firm has been involved in cross border transactions. A representative list of its international work includes the loan granted by ABN AMRO Trust to AT&T Latin America (US$250 million), the loan granted by International Finance Corporation to BBVA Continental (US$130 million), the A/B loan granted by the Inter-American Development Bank to BBVA Continental (US$120 million), the syndicated loan granted by various financial institutions to BBVA Continental (US$100 million), the loan granted by China Development Bank to BBVA Continental (US$50 million), the subordinated loan granted by the Inter-American Development Bank to BBVA Continental (US$30 million), the subordinated loan granted by DEG – Deutsche Investitions – Und Entwicklungsgesellschaft MBH to BBVA Continental ($30 million), the Forward Gold Purchase Agreement entered into Deutsche Bank AG, London Branch and Century Mining Corp (US$33 million), the loan granted by Nederlandse Financierings-Maatschappij Voor Ontwikkelingslanden NV – FMO to Financiera Crear (US$14 million), and the incorporation of BBVA Continental into the Trade Finance Facilitation Program run by the Inter-American Development Bank.

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