Best Structured Finance Lawyers in Mar del Plata

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About Structured Finance Law in Mar del Plata, Argentina

Structured finance in Mar del Plata operates within Argentina’s national legal framework. Transactions typically rely on fiduciary arrangements and the securitization of financial assets to fund lending and investment activity. The city’s local economy, including tourism and real estate development, often leverages structured products to diversify funding sources while distributing risk among investors. In practice, lawyers focus on aligning asset pools, disclosures, and regulatory compliance to ensure smooth issuance and investor protection.

Because the regulatory backbone is national, Mar del Plata lawyers frequently coordinate with national authorities to navigate the rules that govern asset securitization, trusts and public offerings. This means a local attorney must be fluent in both local business realities and the federal statutes and rules that apply to structured finance. A well drafted structure can help reduce funding costs, improve credit terms and manage cash flow for large projects in the region.

Fideicomisos and securitization vehicles are common tools in this space. The structure is designed to isolate assets, provide predictable payments to investors, and meet regulatory standards for disclosures and governance. Understanding the interplay of civil, commercial, and securities law is essential for any Mar del Plata entity considering structured finance as a funding option.

Source: Código Civil y Comercial de la Nación outlines fiduciary regimes and contracts of fideicomiso used in structured finance.
Source: https://www.argentina.gob.ar/jus/infoleg

Why You May Need a Lawyer

Engaging a solicitor or attorney with expertise in structured finance can prevent costly missteps. Here are concrete scenarios relevant to Mar del Plata and the Buenos Aires Province:

  • You want to securitize a pool of local auto loans. A lawyer ensures accurate asset pooling, risk allocation and compliant disclosure for investors.
  • You are an originator seeking to implement a fideicomiso financiero (financial trust) to fund a real estate project in Mar del Plata. A lawyer drafts the trust deed, selects trustees and coordinates with regulators.
  • You plan a cross border securitization with foreign investors. A local attorney handles currency controls, tax implications and repatriation mechanics.
  • You need to restructure existing debt using a structured finance vehicle. A lawyer evaluates options, negotiates terms and ensures compliance with securities laws.
  • You are advising a family office or SME seeking financing through asset backed securities. A lawyer helps with issuer due diligence, regulatory filings and investor communications.
  • You are facing regulatory inquiries or a potential default. A lawyer provides crisis management, dispute strategy and protective measures for asset pools.

Local Laws Overview

The Argentine system uses national legislation for structured finance; there are no distinct Mar del Plata specific statutes for these instruments. The core legal framework includes civil, commercial and securities law that govern fiduciary arrangements, securitization vehicles and public offerings. Local practice in Mar del Plata often involves coordination with federal regulators and courts as needed for enforcement and oversight.

  • Código Civil y Comercial de la Nación (Civil and Commercial Code) - Governs fideicomisos and contractual structures used in structured finance. Effective 2015 for most provisions; updated over time with reforms implemented through official amendments.
  • Normas Generales de la Comisión Nacional de Valores (CNV) - Regulate public offerings, issuance of securities and markets oversight, including securitization activities. These rules require prospectuses, rating considerations and investor protections.
  • Ley de Mercado de Capitales (Market Capital Law in regulatory practice) - Establishes the framework for securities issuance and market operations supervised by CNV, applicable to structured finance transactions that involve public investors or capital markets funding.
Source: CNV regulatory approach to securitization and public offerings, as described on CNV’s official site.
Source: https://www.cnv.gob.ar/ and https://www.argentina.gob.ar/jus/infoleg

Frequently Asked Questions

What is structured finance in Argentina?

Structured finance refers to financing arrangements that use special purpose vehicles, trusts or securitization to isolate assets and distribute risk. It aims to provide funding with predictable cash flows and enhanced risk management. In Mar del Plata, these deals often involve asset pools like loans or real estate receivables.

How do I start a securitization in Mar del Plata?

Begin with asset identification and feasibility, then engage a local structured finance attorney. They will draft the trust or SPV documentation and coordinate with regulators for disclosures and approvals. A timeline typically spans 3 to 6 months for initial structuring.

When does a fideicomiso expire or mature?

The terms are set in the fideicomiso contract and may include renewable options or a fixed end date. Typical structures provide for maturity upon asset liquidation or completion of cash flow distribution to beneficiaries. Counsel will review termination mechanics carefully.

Where can I file complaints about securities in a securitization?

Complaints related to securities offerings are generally handled by the regulator overseeing market conduct. In Argentina, this is the CNV for public offerings and investors. A local abogado can guide you through the complaint and remediation process.

Why might I need a lawyer for a structuring transaction?

A lawyer helps design compliant asset pools, draft trust deeds, prepare disclosures and ensure regulatory filings. They also coordinate with auditors, rating agencies and trustees to reduce default risk and ensure investor protections.

Can I securitize my assets in Argentina if I am a foreign investor?

Yes, foreign investors can participate in Argentine securitizations, but complex currency, tax and regulatory issues apply. An attorney coordinates cross border considerations and ensures compliance with local and international standards.

Do I need a Mar del Plata or Buenos Aires Province attorney?

Local counsel is beneficial for understanding jurisdictional nuances and local business practices. A Mar del Plata lawyer can coordinate with national regulators and local banks to streamline approvals and closing.

Is there a minimum capital requirement for structured finance vehicles?

Capital requirements depend on the vehicle type and the asset pool. Public offerings may require certain standards for investor protection, while private securitizations focus on the credit structure and governance. A lawyer customizes compliance steps for your case.

How much does it cost to hire a structured finance attorney?

Costs vary by transaction complexity, asset types and regulatory filings. Expect separate fees for due diligence, drafting, negotiations and regulatory submissions. A detailed engagement letter helps manage expectations and timing.

How long does a typical securitization transaction take?

Structured finance deals often take 3 to 6 months from initial drafting to closing for private securitizations, and longer for private placements that require ratings and public filings. Timelines depend on asset quality and regulator responsiveness.

What is the difference between a fideicomiso and a securitization fund?

A fideicomiso is a contractual structure where assets are held by a fiduciary for beneficiaries. A securitization fund pools assets and issues securities to investors, often under fund vehicle governance. Both aim to monetize assets, but have different regulatory paths.

Should I hire a local lawyer for regulatory filings?

Yes, a local lawyer ensures filings meet CNV and other regulator expectations. They help prepare prospectuses, risk disclosures and financial statements tailored to the Mar del Plata market. Local familiarity reduces delays and compliance risk.

Additional Resources

  • - National regulator of securities, markets and offerings. Their site provides guides, normas and registration requirements for securitizations and public offerings. CNV official site
  • - Portal hosting the Código Civil y Comercial de la Nación and other normative texts relevant to fideicomisos and contract law. InfoLEG
  • - Central bank regulations affecting financial institutions, credit operations and certain structured finance activities. BCRA official site

Next Steps

  1. Define your objective and asset pool. Gather documents showing ownership, value, and expected cash flows. Timeline: 1-2 weeks.
  2. Consult a Mar del Plata or Buenos Aires Province lawyer specializing in structured finance. Request a written engagement scope and fee estimate. Timeline: 1 week.
  3. Choose a vehicle for the structure (fideicomiso financiero or other SPV). Have the attorney draft the initial term sheet and governance terms. Timeline: 2-4 weeks.
  4. Prepare disclosures and regulatory filings with CNV or other applicable authorities. Coordinate with auditors and rating agencies if needed. Timeline: 4-8 weeks.
  5. Negotiate with trustees, originators and investors. Finalize the security structure, covenants and payment waterfall. Timeline: 2-6 weeks.
  6. Execute the documentation, close the transaction and initiate asset securitization or fund operations. Timeline: 1-2 weeks after approvals.
  7. Monitor compliance post close, including periodic reporting, tax considerations and investor communications. Ongoing process.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.