Investment Fund Lawyer Peru
An investment fund with ties to Peru raises two distinct sets of legal questions. One set is governed by US federal securities law and US anti-bribery law. The other is governed by Peruvian fund, tax, and corporate law. Law Offices of SRIS, P.C., founded in 1997, is a US law firm that handles the US-law side of these cross-border matters. For Peru-law questions, the firm works with Martín Mayandía, Of Counsel, who is 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. Reach the firm at (888) 437-7747.
What an Investment Fund Lawyer for Peru Matters Covers
An investment fund lawyer working on Peru-related matters handles the US-law questions that arise when a fund has Peruvian investors, Peruvian portfolio assets, or both. On the US side, those questions usually fall into four recurring categories. The first is federal securities regulation: whether interests in the fund must be registered under the Securities Act of 1933, whether the fund must register as an investment company under the Investment Company Act of 1940, and whether the fund’s manager must register as an investment adviser under the Investment Advisers Act of 1940.
The second category is anti-bribery compliance under the Foreign Corrupt Practices Act, whose anti-bribery provisions reach US issuers, US domestic concerns, and certain foreign persons acting in US territory. The third is US federal income tax treatment of the fund and its investors. The fourth is anti-money-laundering and know-your-customer compliance at the US placement level. Each of these is a US-law question. The Peru-law questions, including the fund’s legal form, its treatment by Peru’s securities regulator, and Peruvian tax, are handled separately, in collaboration with Peru-admitted counsel.
How Mr. Sris and His Of Counsel Network Handle These Matters
On a cross-border fund matter, Law Offices of SRIS, P.C. handles the US-law side and Peru-admitted Of Counsel handles the Peru-law side, with a clear division of work between the two. Mr. Sris, Owner and Founder of the firm, is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He serves as the responsible US attorney on the firm’s cross-border matters and supervises the firm’s coordination with foreign-licensed Of Counsel.
Where a matter has both a US-law dimension and a Peru-law dimension, the firm engages its Peru Of Counsel, Martín Mayandía, who is admitted to practice law in Peru (2009) and not admitted in any US state bar; his work for the firm is limited to Peru-law matters in collaboration with the US-admitted attorneys of the firm. The two sides of the matter proceed in parallel and the analysis does not cross jurisdictional lines. Consultations are by appointment, and the firm’s intake line is reached at (888) 437-7747.
About Mr. Sris and the Of Counsel Network
Mr. Sris is the Owner and Founder of Law Offices of SRIS, P.C., a US law firm founded in 1997 with an international clientele. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and is the responsible US attorney for the firm’s US-side practice. For foreign-law questions on this page’s subject matter, the firm’s Of Counsel network includes Martín Mayandía, who is admitted to practice law in Peru (2009) and not admitted in any US state bar; his role is limited to Peru-law matters in collaboration with the US-admitted attorneys of the firm. Mr. Sris and his Of Counsel bring extensive combined legal experience across US and foreign jurisdictions.
Frequently Asked Questions
Do I need both a US-admitted lawyer and a Peru-admitted lawyer for an investment fund matter?
Yes, when the matter has substantive dimensions in both countries. A US-admitted attorney handles the US-law questions, including federal securities regulation, US anti-bribery compliance, US federal tax treatment, and US-side structuring. A Peru-admitted attorney handles the Peru-law questions, including the fund’s legal form, treatment by Peru’s securities regulator, and Peruvian tax. Law Offices of SRIS, P.C. and its Peru Of Counsel collaborate under a strict jurisdictional separation, so each side of the analysis is performed by an attorney admitted in the relevant jurisdiction. Contact the firm at (888) 437-7747 to discuss how the division applies to your matter.
What US securities rules apply to a fund with Peruvian investors or assets?
The core US rules are the Securities Act of 1933, the Investment Company Act of 1940, and the Investment Advisers Act of 1940. Whether a particular offering must be registered depends on the facts, including whether the offering relies on an exemption from registration. The Investment Company Act generally applies to entities that meet the statutory definition of an investment company, subject to its exceptions. The Investment Advisers Act generally applies to persons who, for compensation, engage in the business of advising others about securities. Each analysis turns on the specific facts. Consult the firm at (888) 437-7747 for guidance on your situation.
Does the Foreign Corrupt Practices Act reach my fund’s activity connected to Peru?
The Foreign Corrupt Practices Act can reach US issuers, US domestic concerns, and certain foreign persons who act in US territory in furtherance of a bribe. For a US fund with Peru-related activity, the statute’s books-and-records and internal-controls provisions can apply to the issuer’s accounting, and its anti-bribery provisions can apply to payments to foreign officials made to obtain or retain business. The statute carries both civil and criminal enforcement mechanisms. Whether a specific transaction falls within the statute depends on the facts. Contact the firm at (888) 437-7747.
How does the firm work with Peru Of Counsel if Mr. Sris is not admitted in Peru?
Mr. Sris and the firm’s US-admitted attorneys handle the US-law aspects of a cross-border fund matter; Peru-law aspects are handled by the firm’s Peru Of Counsel, Martín Mayandía, who is admitted to practice law in Peru (2009) and not admitted in any US state bar. His work for the firm is limited to matters of Peruvian law and to serving as a liaison for international clients with the US-admitted attorneys of the firm. The two sides collaborate on a single matter as needed, but the analysis does not cross jurisdictional lines. Reach the firm at (888) 437-7747.
What should I bring to a consultation on a Peru-related investment fund matter?
Bring the fund’s organizational chart, its offering or subscription documents, and any correspondence with Peruvian counsel or counterparties. Because the analysis divides cleanly between US-law and Peru-law questions, the more factual context you provide at the outset, the more efficiently each side of the matter can be assessed. Copies of any existing US-side filings and any Peruvian corporate records are also helpful. Consultations are by appointment and can be scheduled through the firm’s intake line at (888) 437-7747.