Best Sustainable Finance Lawyers in Peru

About Sustainable Finance Law in Peru, United States

Sustainable finance is an approach that integrates environmental, social, and governance (ESG) considerations into financial decision-making and investments. Both Peru and the United States are increasingly incorporating sustainable practices into their financial sectors due to growing public awareness, international commitments, and the pursuit of long-term economic resilience. In Peru, sustainable finance is becoming essential in attracting global investments and ensuring compliance with international standards. The United States is also embedding ESG principles in financial products and markets, driven by a combination of regulatory initiatives and market demand.

Why You May Need a Lawyer

Navigating the complex and evolving landscape of sustainable finance can be challenging for corporations, investors, and even individuals. Common situations where legal help is valuable include:

• Understanding and complying with new ESG disclosure requirements
• Structuring green bonds or sustainable loans
• Navigating the legal implications of international sustainable finance standards
• Addressing allegations of greenwashing or misrepresentation
• Integrating ESG due diligence into mergers, acquisitions, or investments
• Negotiating sustainable finance agreements with financial institutions or investors
• Handling disputes related to ESG risks or non-compliance

Consulting with a lawyer ensures that your organization operates within the law, mitigates risk, and seizes emerging opportunities in sustainable finance.

Local Laws Overview

Peru and the United States each approach sustainable finance with their distinctive legal frameworks while also adhering to global principles.

• Peru: The Peruvian government has promoted sustainable finance by encouraging ESG integration in the financial sector through frameworks like the Sustainable Bond Framework and participation in international alliances. The Superintendencia del Mercado de Valores (SMV) and the Superintendencia de Banca, Seguros y AFP (SBS) are key regulatory bodies. Peru also promotes green bonds, social bonds, and climate-aligned investments, with increasing focus on mandatory ESG disclosures for listed companies.
• United States: The US regulatory approach includes standards from the Securities and Exchange Commission (SEC), which has proposed and adopted ESG disclosure rules. The US also participates in international sustainable finance standards. Private sector initiatives such as the Principles for Responsible Investment (PRI) are also influential. The rise of climate-related risk disclosure requirements impacts both financial institutions and public companies.

For both countries, regulatory compliance, transparency, and clear sustainability frameworks are crucial to accessing funding and minimizing legal exposure.

Frequently Asked Questions

What is sustainable finance?

Sustainable finance refers to financial services and products that incorporate ESG factors into investment decisions and business activities, aiming to support sustainable economic growth and limit negative environmental or social impacts.

Are there mandatory ESG disclosure requirements in Peru or the United States?

In Peru, ESG disclosures are increasingly encouraged, especially for large and listed companies. In the United States, the SEC is moving toward stricter ESG disclosure requirements, particularly for climate-related risks.

What are green bonds?

Green bonds are fixed-income instruments specifically earmarked to raise money for climate and environmental projects. Both Peru and the United States have growing markets for green bonds.

Who regulates sustainable finance in Peru and the United States?

In Peru, the SMV and SBS are primary regulators. In the United States, the SEC oversees market-related ESG issues, with additional oversight by state and federal agencies depending on the context.

What legal risks exist in sustainable finance?

Legal risks include non-compliance with disclosure regulations, accusations of greenwashing, breach of fiduciary duty related to ESG issues, and failure to meet contractual sustainability obligations.

Can companies face penalties for inadequate ESG practices?

Yes, companies can face regulatory penalties, shareholder litigation, reputational damage, or exclusion from public tenders for failing to meet ESG standards.

How do international agreements impact sustainable finance laws locally?

International agreements such as the Paris Agreement influence national regulations and market practices, prompting countries to align local laws with global goals for sustainable development and climate action.

What should I review before issuing or investing in green or sustainable bonds?

You should ensure alignment with accepted frameworks, verify the use of proceeds, assess reporting and impact measurement requirements, and review any associated regulatory filings.

Are there tax incentives for sustainable investment in Peru or the United States?

Both countries offer some tax incentives or support for eligible sustainable finance projects. Availability and type of incentive can vary by region and program.

Why is legal counsel important in sustainable finance transactions?

A lawyer can help navigate regulatory complexities, draft robust contracts, ensure compliance, conduct due diligence, and prevent or manage legal disputes or regulatory investigations.

Additional Resources

Looking for more information or support? The following resources and organizations can be helpful:

• Superintendencia del Mercado de Valores (SMV) - Peru's securities regulator
• Superintendencia de Banca, Seguros y AFP (SBS) - Regulator for Peru's banking and insurance sectors
• United States Securities and Exchange Commission (SEC)
• Ministry of Environment of Peru
• US Environmental Protection Agency (EPA)
• International Finance Corporation (IFC) - Guidance on sustainable finance
• Principles for Responsible Investment (PRI)
• World Bank - Sustainable finance resources

Next Steps

If you need legal assistance in sustainable finance:

• Assess your current or planned activities for ESG and sustainability components
• Identify potential legal and regulatory exposures linked to these activities
• Gather relevant documents such as investment plans, company policies, or current disclosures
• Contact a lawyer with expertise in sustainable finance and knowledge of local as well as international standards
• Discuss your goals, concerns, and any deadlines or compliance dates
• Work with your legal counsel to implement compliance measures, structure transactions, or resolve disputes

Taking early legal advice ensures you stay ahead of regulatory changes, mitigate risks, and contribute to a more sustainable financial future in Peru or the United States.