Peru cross-border lending

Toll-free intake · Consultations by appointment · Intake available in English and Spanish

QUICK ANSWER

Peru cross-border lending

Peru cross-border lending

Law Offices of SRIS, P.C., a US law firm founded in 1997, assists clients with cross-border lending transactions involving Peru. Mr. Sris, the firm’s founder and managing attorney, is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. For Peru-law aspects, the firm collaborates with Martín Mayandía, Of Counsel, 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 firm’s US-admitted attorneys. All US-law aspects are handled by Mr. Sris and the US-admitted attorneys of the firm. To discuss a Peru cross-border lending matter, contact Law Offices of SRIS, P.C. at (888) 437-7747.

What Cross-Border Lending Involves

Cross-border lending refers to loans or credit facilities extended by a lender in one country to a borrower in another, or secured by assets located in another country. When a US lender extends credit to a Peruvian borrower, or when a Peruvian entity seeks financing from US sources, the transaction must comply with US federal and state laws as well as Peruvian law. The US legal framework includes securities regulations, banking laws, and the Uniform Commercial Code (UCC) governing secured transactions.

For example, if the loan involves the offer or sale of securities, the Securities Act of 1933 and the Securities Exchange Act of 1934 may apply. If the transaction involves a US bank or bank holding company, the Bank Holding Company Act and related regulations may be relevant. Secured transactions are generally governed by Article 9 of the Virginia Uniform Commercial Code (or the UCC as adopted in the applicable state). The firm’s US-admitted attorneys analyze which US laws apply and ensure compliance. For Peruvian-law requirements, the firm works with its Peru Of Counsel.

How Mr. Sris and His Of Counsel Network Handle Peru Cross-Border Lending

Mr. Sris and the firm’s US-admitted attorneys handle all US-law aspects of a Peru cross-border lending transaction. This includes drafting and reviewing loan documents under US law, ensuring compliance with US securities and banking regulations, perfecting security interests under the UCC, and advising on US tax and regulatory considerations. The firm’s Peru Of Counsel, Martín Mayandía, handles Peruvian-law aspects, such as ensuring that the transaction complies with Peruvian civil and commercial law, advising on Peruvian security registration requirements, and coordinating with Peruvian notaries and registries. Mr. Mayandía is admitted to practice law in Peru (2009) and is not admitted in any US state bar; his role is limited to Peru-law matters in collaboration with the firm’s US-admitted attorneys.

The two sides collaborate as needed, with the US-admitted attorneys and the Peru Of Counsel each working within their respective licensure. This structure allows the firm to provide integrated cross-border lending counsel without any attorney practicing law in a jurisdiction where they are not admitted.

About Mr. Sris and the firm’s 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 founded the firm in 1997 and has extensive experience in cross-border legal matters. 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). He was also involved in the introduction of Virginia House Joint Resolution HJR 573 (2017), recognizing Pongal Day in the Commonwealth.

The firm’s Of Counsel network includes independent attorneys admitted in foreign jurisdictions who collaborate with the firm on cross-border matters. For Peru, the firm works with Martín Mayandía, Of Counsel, admitted to practice law in Peru (2009) and not admitted in any US state bar. Mr. Mayandía’s role is limited to Peru-law matters in collaboration with the firm’s US-admitted attorneys. Mr. Sris and his Of Counsel bring extensive combined legal experience to cross-border lending transactions.

Frequently Asked Questions

What is cross-border lending?

Cross-border lending involves a loan or credit facility where the lender and borrower are in different countries, or where the collateral is located in a different country from the lender. Such transactions require compliance with the laws of both jurisdictions. In a US-Peru context, US federal and state laws—including securities regulations, banking laws, and the Uniform Commercial Code—may apply to the US side, while Peruvian civil and commercial law governs the Peruvian side. The firm’s US-admitted attorneys handle US-law compliance, and the firm’s Peru Of Counsel handles Peruvian-law compliance. This division ensures that each aspect of the transaction is addressed by an attorney licensed in the relevant jurisdiction.

Do I need both a US attorney and a Peru attorney for a cross-border loan?

Yes, a cross-border loan typically requires counsel admitted in each jurisdiction to address the respective legal requirements. A US-admitted attorney can advise on US securities laws, banking regulations, and the perfection of security interests under the UCC. A Peru-admitted attorney can advise on Peruvian civil law, commercial law, and registration requirements. Law Offices of SRIS, P.C. provides US-law counsel through its US-admitted attorneys and collaborates with Martín Mayandía, Of Counsel, for Peruvian-law matters. Mr. Mayandía is admitted in Peru (2009) and not admitted in any US state bar; his role is limited to Peru-law matters.

How does the firm handle the US-law side of a Peru cross-border lending transaction?

The firm’s US-admitted attorneys, led by Mr. Sris, handle all US-law aspects, including drafting loan documents, ensuring compliance with the Securities Act of 1933 and the Securities Exchange Act of 1934 if applicable, and perfecting security interests under the Uniform Commercial Code. They also advise on US banking regulations, such as the Bank Holding Company Act, and coordinate with the Peru Of Counsel on cross-border issues. The US-admitted attorneys do not practice Peruvian law; that is handled by the Peru Of Counsel.

What should I bring to a consultation about a Peru cross-border lending matter?

For an initial consultation, it is helpful to provide a summary of the proposed transaction, including the parties, the loan amount, the purpose, the collateral (if any), and the jurisdictions involved. If you have existing loan documents, term sheets, or correspondence, those can assist the attorneys in understanding the structure. The firm’s US-admitted attorneys will review the US-law aspects, and if Peruvian law is implicated, the firm will engage its Peru Of Counsel. All consultations are confidential. To schedule a consultation, contact Law Offices of SRIS, P.C. at (888) 437-7747.

How do I engage the firm for a Peru cross-border lending matter?

To engage Law Offices of SRIS, P.C. for a Peru cross-border lending matter, contact the firm at (888) 437-7747. A member of the firm will discuss your matter and, if appropriate, arrange a consultation with Mr. Sris or another US-admitted attorney. If Peruvian law is involved, the firm will coordinate with Martín Mayandía, Of Counsel, for the Peruvian-law aspects. The firm’s US-admitted attorneys and the Peru Of Counsel work collaboratively while each remains within their licensure. The firm does not practice law in Peru; Peruvian-law matters are handled by the Peru Of Counsel.



Category

Reviewed by Mr. Sris, Owner and Founder.

Attorney advertising. This page is for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Statutes and their application change and vary by case. Prior results do not guarantee a similar outcome; results may vary. For advice about your specific situation, consult a licensed attorney. Attorney responsible for this advertising: Mr. Sris.