Legal Innovation
Our Practice Areas
We are a benchmark in the area of capital markets,
financial law, corporate law and M&A.
Capital Markets- We have represented several clients in debt and equity issuances, as well as placement agents involved in distributing such securities and instruments. Our firm has played a prominent role in transactions such as IPOs, tender offers and securities issuances adapted to the changing needs of domestic and foreign markets, including complex issuances of debt securities, stocks and securitized bonds. In addition, our firm regularly advises major players in local and foreign financial markets–banks, stockbrokers, securities agents, investment funds managers, commodities brokers and securitization companies–assisting them with their regulatory needs, administrative proceedings with capital markets regulators and legal defense involving exchange, derivatives and capital market transactions.
Investment Funds- We have broad experience in the formation and incorporation of mutual funds, redeemable and irredeemable public investment funds, and private investment funds. We regularly advise general fund management companies and private investment fund managers on regulatory, contract and legal matters. Similarly, they have been organizers of irredeemable real estate, energy, securitized, real estate income and venture capital investment funds. We also have extensive experience advising foreign investment funds on their legal needs in Chile, including obtaining approval from the Risk Rating Commission so that local institutional investors can invest in them and registering at the Chilean Superintendence of Securities and Insurance so they can be publicly offered in Chile.
Banking
and Finance- We regularly advise clients on matters of banking law and financing transactions, providing regular counsel to several banks on banking law and regulations and have taken part in complex financing deals.
Corporate
and M&A- We have extensive experience counseling companies on corporate matters. In addition to their in-depth knowledge of laws and business practice in Chile, topics on which they lecture at local universities, our partners also have vast practical experience and an international reputation for advising on transactions of this nature, including local and cross-border mergers and acquisitions.
Tax- Our team permanently advises local and international clients, both in personal and corporate taxes. Our tax group is formed by an interdisciplinary team, with vast experience in tax structuring and reorganization, corporate and financing operations, legal advice on taxation of financial instruments both domestic and foreign, double taxation, among others. In addition, our team has extensive experience in actions and audits before the Chilean Internal Revenue Service and before the courts of justice.
Real Estate- We have extensive experience in real estate affairs, advising our clients mainly in the transactional area and in the development and financing of projects. Our advice in this area includes tittle studies, preparation and negotiation of financing agreements, real estate purchase and sell agreements (land, residential, commercial, hotels, among others), leasing agreements, preparation and negotiation of guarantees, and advise on the acquisition and sale of land for wind and energy projects.
Insolvency, Bankruptcy
and Reestructring- Ried Fabres has extensive experience in insolvency cases, settlements, reorganization agreements and restructurings. We have represented in court and acted as counsel to debtors, creditors and other participants, in such diverse areas as construction, information services, air transportation, financial institutions and retail.
Corporate Governance- We actively work with the boards of publicly traded and regulated corporations to establish standards on conflicts of interest, corporate governance best practices and adaptation of company policies to corporate governance regulations from the Chilean Financial Market Commission. We also provide specific counsel regarding related party transactions, the determination of control and its legal implications and compliance with reporting requirements applicable to controllers, parties to a controlling agreement and corporate groups.
Derivatives and Other
Financial Contracts- We have vast experience negotiating and structuring local and foreign derivatives contracts, exchange (simultáneas) and OTC (repos) agreements and transactions entered into under derivative master agreements or repos. Similarly, we have in-depth knowledge of recent regulation applicable to derivatives and repurchase agreements, both local and foreign, specifically regarding the new bankruptcy law, netting and the implications of the Dodd Frank Act and the European Market Infrastructure Regulation (EMIR) on Chilean entities with and without operations in the United States and Europe. Our clients’ counterparties–over 50 local and foreign banks–recognize our attorneys as experts in derivatives negotiations, specifically regarding ISDA agreements and schedules, credit support annexes (CSA) and confirmations, global master repurchase agreements (GMRA) and general condition contracts for derivatives on the local market.
Compliance and Prevention
of Money Laundering- We have extensive experience with compliance and regulatory aspects applicable to both financial sector entities and unregulated, private-sector entities. Our counsel has involved creating, reviewing and implementing compliance procedures and policies for applicable regulations, including laws on criminal liability for legal entities and the prevention of money laundering, terrorism financing and bribery. We also have an expanded practice involving onboarding and know your customer practices, risk handbooks, codes of conduct, manuals on the prevention of criminal liability for legal entities, procedures for handling insider information, capital market conduct and personnel training on these policies. Our attorneys are familiar with the audit procedures carried out by regulators and have represented our clients before several authorities in sanctioning or monitoring processes, both at the administrative level and before courts of justice and the Chilean Office of the Comptroller.
IPOs and
Tender Offers- We have vast experience advising clients on stock placements and issuances (IPOs), tender offers; and structuring these deals, from both a regulatory and contract perspective.
Structured Financings,
Bonds and Securitization- Our firm are leading providers of complex legal counsel for structured financings, bond and securitization deals. Our experience in securitization matters includes placements of more than 40 securitized debt securities, including the packaging of collateralized debt obligations by a foreign investment bank. On the local bond market, our attorneys have been in charge of the legal aspects of several bond issuances and placements and have participated in the issuance of numerous bonds on international markets.
