Australian investor counsel for Peru
Australian individuals and businesses looking to invest, trade, or establish operations in Peru operate in a multi-jurisdictional legal landscape. US law frequently becomes relevant — whether through the use of a US holding company, banking through US-dollar correspondent accounts, or the application of US sanctions and anti-money-laundering rules to cross-border transactions. At Law Offices of SRIS, P.C., we help Australian investors evaluate the US-law dimensions of a Peru-focused investment. Mr. Sris, a former prosecutor, founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. For Peruvian-law matters, the firm collaborates with Peruvian-admitted Of Counsel Martín Mayandía. Mr. Mayandía is admitted to practice law in Peru. He is not admitted to practice law in the United States. This page is offered as general legal information by a US-admitted attorney — it is not legal advice and does not constitute legal representation under Peruvian law. To discuss the US-law aspects of your cross-border investment, reach Law Offices of SRIS, P.C. at (888) 437-7747.
What this cross-border practice covers
Cross-border inbound investment counsel for Peru involves structuring transactions so they comply with the laws of multiple jurisdictions — the investor’s home country (Australia), the host country (Peru), and often the United States as the hub for corporate services, banking, or treaty coverage. A key treaty framework is the Australia-Peru Free Trade Agreement (PAFTA), which governs tariff treatment and investment protections between Australia and Peru. When a US entity is used as the investment vehicle, the US-Peru Trade Promotion Agreement (PTPA) may also shape tax treatment and dispute resolution options.
Beyond trade agreements, an Australian investor must consider Peruvian legal concepts drawn from the Peruvian Civil Code of 1984 and the country’s civil-law tradition. The doctrine of lex loci celebrationis — which determines the validity of a marriage based on the law of the place of celebration — can also affect personal-asset planning for Australians who marry or divorce in Peru. Our US-licensed attorneys help Australian clients map how these international and US frameworks interact, so that the corporate structure, shareholder arrangements, and compliance programs are built on solid legal ground.
How Mr. Sris and his Of Counsel network handle these matters
Mr. Sris and the sriscounsel Of Counsel network divide the work by jurisdiction. Mr. Sris, as the responsible US attorney, advises on US law issues: the choice of entity (e.g., a Delaware limited liability company), US-person compliance obligations under the Foreign Corrupt Practices Act (FCPA) and Office of Foreign Assets Control (OFAC) sanctions (which apply to U.S. dollar transactions), and US-tax-reporting duties. For the Peruvian-law side, the firm engages Peruvian-admitted Of Counsel Martín Mayandía (admitted to practice law in Peru; not admitted in the United States) to provide guidance on Peruvian corporate registration, foreign-investment registration with ProInversión, and any regulatory approvals required by Peruvian sector-specific agencies.
This collaborative model ensures that the US and Peruvian legal advice stay strictly separate — protecting the client from unauthorized-practice-of-law risk — while still delivering a coordinated package. The firm does not hold a physical location in Peru; all consultations are by appointment, either remotely or at one of the firm’s US locations. Because every cross-border deal is unique, the team tailors the engagement to the client’s specific needs, whether that means drafting a US-law shareholders’ agreement that is enforceable under Peruvian conflict-of-laws rules or structuring an intercompany loan that respects Peruvian foreign-exchange controls.
About Mr. Sris and the sriscounsel Of Counsel network
Mr. Sris, Owner and Founder of Law Offices of SRIS, P.C., is a former prosecutor admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the legislation that updated Va. Code § 20-107.3(g). His US-side practice includes corporate structuring, cross-border compliance, and international family law.
Mr. Sris and his Of Counsel bring extensive combined legal experience. On Peru-focused matters, Peruvian-admitted Of Counsel Martín Mayandía serves as the Peru liaison. Mr. Mayandía is admitted to practice law in Peru. He is not admitted to practice law in the United States. Mr. Mayandía assists the client with Peruvian regulatory and corporate requirements while Mr. Sris handles the US-law components. The firm is in active recruitment for additional Peru-admitted Of Counsel to broaden its network.
Frequently asked questions
What legal structures are available for an Australian investor in Peru?
An Australian investor typically holds a Peruvian investment through a US or Peruvian business entity, depending on treaty access and liability preferences. A US limited liability company (LLC) or corporation can serve as a holding vehicle for the Peruvian operating subsidiary, taking advantage of the US-Peru Trade Promotion Agreement or simply using a familiar Delaware structure. Peruvian law allows a wholly-owned subsidiary (sociedad anónima cerrada) or a branch of a foreign corporation. The choice affects tax treatment, shareholder-disclosure requirements, and the mechanism for repatriating profits. We help Australian clients analyze these alternatives from a US-law perspective while Mr. Mayandía provides Peruvian-law input.
How does the US-Peru Trade Promotion Agreement (PTPA) affect an Australian investor?
The PTPA provides tariff elimination and investment protections for goods and services that meet the agreement’s rules-of-origin, but its direct benefits extend only to US and Peruvian persons. An Australian investor may still obtain PTPA benefits by routing the investment through a US entity that qualifies as a US “supplier” under the agreement. Our US-licensed attorneys help establish the necessary US corporate entity and ensure that the transaction documentation satisfies PTPA origin requirements, while the Peruvian Of Counsel addresses the Peruvian-side import-certification processes. This layered approach allows the investor to capture treaty advantages without compromising local-law compliance.
Do I need both US and Peruvian counsel for my investment?
Yes — because US and Peruvian legal systems are separate, advice from a US-admitted attorney does not replace Peruvian legal advice, and vice versa. Mr. Sris, admitted in five US jurisdictions, can handle US corporate formation, FCPA/OFAC compliance, and cross-border shareholder agreements. For Peruvian-law tasks — such as registering the Peruvian subsidiary, obtaining a tax identification number (RUC), or securing sector-specific permits — the engagement of Peruvian-admitted Of Counsel Martín Mayandía is essential. The firm coordinates both streams so the client receives an integrated strategy built on jurisdiction-specific competence.
How can a US law firm assist an Australian investor who has no US presence?
A US law firm can still provide structuring advice and compliance programming for an Australian investor who uses a US entity or deals with US-linked banks, partners, or sanctions exposure. Even without a physical US location, many Peru-focused investments pass through US-dollar accounts, involve US investors or lenders, or require compliance with OFAC sanctions (which apply to U.S. dollar transactions) and anti-money-laundering rules. Mr. Sris and his team help design a US-compliant framework that satisfies these regulatory touchpoints, while the Peruvian Of Counsel handles the local-law elements. The client does not need to relocate to the United States to benefit from US-side legal support.
What should I bring to a consultation about a Peru investment?
Prepare a summary of the investment purpose, the identities and nationalities of all parties, the proposed corporate structure, and any existing contracts or term sheets. For US-law due diligence, we review the investor’s US-related assets, banking relationships, and potential OFAC exposure. For the Peruvian-law component, Mr. Mayandía will require details about the intended Peruvian entity, the target business activity, and any prior regulatory filings. We handle the consultation remotely — no need to visit a firm location — and all communications are confidential.