Peru project finance lawyer
Law Offices of SRIS, P.C. is a US law firm founded in 1997 that assists clients with cross-border project finance matters involving Peru. Project finance—the structuring of a standalone special-purpose vehicle to develop, own, and operate a large-scale asset—often spans multiple legal systems. When a project has a US nexus (a US sponsor, US-dollar financing, or US-based investors) and a Peruvian operating entity, the transaction requires coordinated counsel on both sides of the border. Mr. Sris, the firm’s founder and managing attorney, leads the US-law side of the engagement, while the firm’s Peru Of Counsel, Martín Mayandía, handles Peruvian-law matters. To discuss a Peru-related project finance matter, call (888) 437-7747.
What This Cross-Border Practice Area Covers
Project finance is a financing technique in which lenders look primarily to the revenue stream of a single project for repayment, rather than to the general credit of the sponsor. In the United States, the legal framework draws on a combination of federal securities laws, tax provisions, and commercial statutes. For example, the offer and sale of project securities may implicate the Securities Act of 1933 and the Investment Company Act of 1940, while the project’s capital structure often involves US-style limited liability companies or limited partnerships governed by state law. When a project is located in Peru, additional Peruvian regulatory approvals, concession agreements, and local corporate formalities come into play. The cross-border dimension also raises anti-corruption compliance under the Foreign Corrupt Practices Act (FCPA), which applies to US issuers, domestic concerns, and certain foreign persons acting in US territory.
Because project finance transactions are highly customized, the legal work typically includes drafting and negotiating the concession agreement, the engineering, procurement, and construction (EPC) contract, the operations and maintenance (O&M) agreement, the power purchase agreement (PPA) or offtake agreement, and the intercreditor and security arrangements. On the US side, counsel also addresses the tax-equity structure, any required filings with the US Securities and Exchange Commission, and the US-law aspects of the financing documents. The firm’s role is to provide the US-law component of this work, while coordinating with Peruvian counsel on the local-law elements.
How Mr. Sris and His Of Counsel Network Handle These Matters
Mr. Sris, admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, serves as the lead US attorney on the engagement. He is responsible for the US-law structuring, the drafting and negotiation of the US-governed financing and security documents, and the coordination of any US regulatory filings. For the Peruvian-law side, the firm works with Martín Mayandía, Of Counsel, admitted to practice law in Peru (2009) and not admitted in any US state bar; that role is limited to Peru-law matters in collaboration with the US-admitted attorneys of the firm. Mr. Mayandía advises on Peruvian concession law, local corporate governance, and the regulatory approvals required from Peruvian agencies. The two sides collaborate as needed, but each attorney remains strictly within the jurisdiction of their own licensure.
This division of responsibility is not merely a practice—it is required by the professional conduct rules of both the United States and Peru. A US-licensed attorney cannot practice Peruvian law, and a Peruvian-licensed attorney cannot practice US law. By engaging separate counsel for each jurisdiction, the client receives advice that is both competent and compliant. The firm’s model is to act as a single point of contact for the client, with Mr. Sris managing the overall engagement and ensuring that the US-law and Peruvian-law work streams are aligned.
About Mr. Sris and the firm’s Of Counsel Network
Mr. Sris is the owner and founder of Law Offices of SRIS, P.C. He has been practicing since 1997 and is admitted to the bars of Virginia, Maryland, the District of Columbia, New Jersey, and New York. His experience includes complex commercial transactions, cross-border structuring, and regulatory compliance. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the bill that became the 2019 revision to Va. Code § 20-107.3(g).
The firm’s Of Counsel network includes independent attorneys licensed in foreign jurisdictions who collaborate with the firm on matters involving non-US law. For Peru-related engagements, the firm works with Martín Mayandía, who is admitted in Peru and brings substantial experience in Peruvian project finance and corporate law. All Of Counsel attorneys are independent practitioners; they are not employees, partners, or associates of the firm.
Frequently Asked Questions
What is project finance and how does it work in cross-border transactions?
Project finance is a method of funding large infrastructure or energy projects where lenders rely on the project’s future cash flows for repayment, not the sponsor’s balance sheet. In a cross-border context, the project company is often formed in the host country (here, Peru) while the financing may be sourced from US or international lenders. The legal work involves creating a special-purpose vehicle, negotiating the concession or license, and structuring the financing to satisfy both US and Peruvian legal requirements. The US-law side typically addresses securities compliance, tax-equity structuring, and the enforceability of the financing documents under New York or other US-state law.
Do I need both a US lawyer and a Peru lawyer for a project finance deal?
Yes—a project with a US nexus and a Peruvian operating entity requires separate US-licensed and Peruvian-licensed counsel. The US lawyer handles the US-law aspects: securities filings, tax-equity structuring, and the US-governed financing agreements. The Peruvian lawyer handles the local concession, regulatory approvals, and Peruvian corporate formalities. Attempting to use a single lawyer for both jurisdictions would violate the unauthorized-practice-of-law rules in both countries. The firm’s model provides both sides through Mr. Sris and the Peru Of Counsel, with clear jurisdictional boundaries.
How does the firm handle the US-law and Peru-law aspects of a project?
Mr. Sris leads the US-law work, and Martín Mayandía, the firm’s Peru Of Counsel, leads the Peruvian-law work. The two attorneys coordinate on the overall transaction structure, but each is responsible only for the law of their own jurisdiction. The client receives a single engagement letter with the firm, and Mr. Sris serves as the primary point of contact. This arrangement ensures that the client has access to both US and Peruvian legal advice without any attorney stepping outside their licensure.
What should I bring to a consultation about a Peru-related project finance matter?
Bring a summary of the project, the parties involved, the proposed capital structure, and any existing term sheets or concession documents. If the project is at an early stage, a description of the asset, the expected revenue model, and the jurisdictions of the sponsors and lenders is helpful. The firm will use this information to identify the US-law issues and to determine which Peruvian-law matters need to be referred to the Of Counsel. All consultations are confidential, and no attorney-client relationship is formed until a written engagement agreement is signed.
How do I engage cross-border counsel for a project in Peru?
Contact Law Offices of SRIS, P.C. at (888) 437-7747 to schedule an initial consultation. During that consultation, Mr. Sris will discuss the US-law dimensions of the project and, if Peruvian-law work is needed, will coordinate with Martín Mayandía. The firm will then provide a scope-of-work letter that clearly delineates the US-law and Peruvian-law components. Because the firm does not maintain a physical location in Peru, all meetings with the Peru Of Counsel are conducted remotely or at the client’s convenience.