Peru lender project finance
Law Offices of SRIS, P.C. is a US law firm founded in 1997 that serves international clients with US legal needs, including cross-border project finance. For a lender financing an infrastructure, energy, or natural-resource project in Peru, the US-law side of the transaction — loan documentation, security interests, intercreditor arrangements, and regulatory compliance — is handled by Mr. Sris and the firm’s US-admitted attorneys. The Peru-law side is handled by Martín Mayandía, Of Counsel, who is admitted to practice law in Peru (2009) and is not admitted in any US state bar. Reach Law Offices of SRIS, P.C. at (888) 437-7747.
What US-side project finance work covers for a Peru-based transaction
When a US or international lender provides financing for a project in Peru, the transaction typically involves a US-law governed credit agreement, a US-law security package, and US regulatory considerations. The US-side work includes drafting and negotiating the loan and security documents under New York or other US-state law, perfecting security interests in US-situs collateral, and advising on US anti-corruption and anti-money-laundering requirements that apply to cross-border lending. The Foreign Corrupt Practices Act (FCPA) and related US statutes impose obligations on US persons and issuers, and a lender’s counsel must structure the transaction to comply with those obligations.
US-side counsel also addresses the enforceability of the loan documents in US courts, the choice-of-law and forum-selection clauses, and the interaction between the US-law security package and the Peru-law security package that the Peru-side counsel creates. The goal is a seamless structure in which the US-law documents and the Peru-law documents work together without conflict, and the lender’s rights are enforceable in both jurisdictions.
How Mr. Sris and his Of Counsel network handle these matters
Mr. Sris, the firm’s Owner and Founder, leads the US-side work. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he has extensive experience in cross-border transactions. For the Peru-law dimension, the firm collaborates with Martín Mayandía, Of Counsel, who is admitted to practice law in Peru (2009) and is not admitted in any US state bar. Mr. Mayandía handles the Peru-law aspects — corporate authorizations, Peru-law security instruments, regulatory approvals, and local enforceability — while Mr. Sris and the US-admitted attorneys handle the US-law side. The two sides coordinate closely, but each attorney works strictly within the jurisdiction where they are licensed.
This division of responsibility ensures that the lender receives advice from counsel who are admitted in the relevant jurisdiction, and that the transaction documents are drafted to comply with both US and Peru law. The firm does not practice Peru law; all Peru-law work is performed by Mr. Mayandía in his capacity as Of Counsel, and all US-law work is performed by Mr. Sris and the US-admitted attorneys of the firm.
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 built a practice that serves international clients with US legal needs. 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).
For Peru-related matters, the firm works with Martín Mayandía, Of Counsel, who is admitted to practice law in Peru (2009) and is not admitted in any US state bar. Mr. Mayandía’s role is limited to Peru-law matters in collaboration with the US-admitted attorneys of the firm. Together, Mr. Sris and his Of Counsel bring extensive combined legal experience to cross-border project finance transactions.
Frequently Asked Questions
What does a US lender’s counsel do in a Peru project finance deal?
A US lender’s counsel drafts and negotiates the US-law governed loan and security documents, ensures compliance with US anti-corruption and anti-money-laundering laws, and coordinates with Peru-side counsel to create an enforceable cross-border security package. The US-side work includes perfecting security interests in US-situs collateral, advising on the FCPA and other US statutes, and structuring the transaction so that the lender’s rights are protected under both US and Peru law. The US-side counsel does not opine on Peru law; that is the role of the Peru-admitted Of Counsel.
Do I need both a US-admitted attorney and a Peru-admitted attorney for a project finance transaction?
Yes. A cross-border project finance transaction requires counsel admitted in each jurisdiction where the transaction documents will be enforced. The US-law documents — typically the credit agreement, security agreement, and intercreditor agreement — are governed by US law and require a US-admitted attorney. The Peru-law documents — such as the Peru-law security instruments, corporate resolutions, and regulatory filings — require a Peru-admitted attorney. Law Offices of SRIS, P.C. provides the US-side counsel, and the firm’s Peru Of Counsel, Martín Mayandía, provides the Peru-side counsel.
How does the firm handle the division between US law and Peru law?
The firm maintains a strict jurisdictional separation: Mr. Sris and the US-admitted attorneys handle all US-law aspects, and Martín Mayandía, Of Counsel, handles all Peru-law aspects. The two sides coordinate on the overall structure, but each attorney works only within the jurisdiction where they are licensed. This approach ensures that the lender receives advice from counsel who are admitted in the relevant jurisdiction and that the transaction documents comply with both US and Peru law.
What US regulatory issues should a lender consider when financing a project in Peru?
A lender should consider the Foreign Corrupt Practices Act, US anti-money-laundering requirements, and any US export-control or other trade-related regulations that may apply to the transaction. The FCPA prohibits bribery of foreign officials and requires accurate books and records. US anti-money-laundering rules require due diligence on the borrower and the source of funds. The firm’s US-side counsel advises on these requirements and structures the transaction to comply with them.
Can the firm provide a single point of contact for both the US and Peru sides of the transaction?
Yes. Mr. Sris serves as the primary point of contact for the lender and coordinates the work of the firm and the Peru-side Of Counsel. The lender communicates with Mr. Sris, who ensures that the US-law and Peru-law work streams are aligned and that the transaction documents are consistent. The lender does not need to manage separate counsel relationships in each jurisdiction.
How do I engage the firm for a Peru project finance matter?
Contact Law Offices of SRIS, P.C. at (888) 437-7747 to discuss the transaction and arrange a consultation. During the initial discussion, Mr. Sris will review the proposed financing structure, identify the US-law and Peru-law issues, and outline the scope of work for both the US-side and the Peru-side counsel. Consultations are by appointment only.