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Structured Finance refers to complex financial transactions that use sophisticated arrangements to facilitate funding, securitization, risk transfer, and capital market access. In Peru, Structured Finance is a growing area of legal practice, especially as businesses and financial institutions seek innovative ways to raise capital beyond traditional banking methods. Examples include securitization of assets, project finance, syndicated loans, and the creation of trust structures. Peruvian Structured Finance law is shaped by both local regulation and best international practices, aiming to provide legal certainty, investor protection, and financial market development.
Structured Finance transactions are sophisticated, multi-party agreements that often involve substantial financial stakes and complex regulatory requirements. Here are some common situations where legal assistance is essential:
Engaging a lawyer ensures that your transaction structures are legally sound, risks are properly mitigated, and you remain compliant with evolving Peruvian regulations.
Peruvian Structured Finance activities are governed by a combination of civil law principles, specific legislation for financial markets, and regulations regarding trusts and securities. Key legal frameworks include:
Peruvian Structured Finance must also accommodate accounting standards and, in cross-border structures, may require attention to foreign exchange regulations and international tax considerations.
Asset securitization is the process of pooling financial assets, like loans or receivables, and converting them into securities that can be sold to investors. In Peru, this is regulated to ensure investor protection and proper risk management.
The Superintendencia del Mercado de Valores (SMV) oversees capital markets, including securities and securitization, while the Superintendencia de Banca, Seguros y AFP (SBS) supervises financial and insurance entities.
SPVs are legal entities created to isolate financial risk. In Peru, SPVs often serve as issuers of securities in structured finance transactions, protecting the underlying assets from the sponsor's creditors.
Foreign investors can participate by purchasing securities, investing in project finance operations, or engaging in syndicated loans, but must comply with Peruvian laws and currency exchange regulations.
The main documents include the securitization agreement, trust agreements, prospectus for investors, and regulatory filings with the SMV.
Main risks include default or poor performance of underlying assets, legal and regulatory changes, counterparty risk, and inadequate asset segregation.
Tax treatment depends on the transaction structure. Certain SPVs and trusts may benefit from special regimes, but taxes on securities, interest, and capital gains typically apply. Consulting a tax specialist is recommended.
Yes, SMEs can access funding through asset-based financing and receivable securitizations, although regulatory and cost considerations must be evaluated carefully.
Due diligence is critical to assess the quality of assets, legal compliance, and transaction risks. It protects all parties involved and is a standard requirement by regulators and investors.
They can be either. Public offerings require registration with the SMV while private placements are subject to certain exemptions, though both must comply with core legal and regulatory requirements.
For those seeking more information or legal assistance in Structured Finance, the following resources can be helpful:
If you need legal assistance in Structured Finance in Peru, you should:
With the right legal support, Structured Finance transactions can be structured effectively and securely, helping you achieve your financial and business goals in Peru.
