Deal Maker of the Year Awards 2012 WINNER - PERU DEAL: Ashoka Restructuring
NAME: Jose Yataco COMPANY: Yataco Arias Abogados TEL: (511) 7162766 - (511) 6591354 EMAIL:
jose@yatacoarias.com WEBSITE:
www.yatacoarias.com
BIO:
Advocate for the University Inca Garcilaso de la Vega, a specialist in finance and corporate law. MBA in
DEAL OVERVIEW: Q
Please summarise the transaction
Yataco Arias Abogados has advised international Ashoka in the process of restructuring its subsidiary in Lima Peru. The legal advice provided helped solve their labor issues, corporate tax and improve the economic and financial status of the subsidiary in Peru.
Q
What was your role within the transaction?
The advice was given by Jose Yataco Partner of the law firm, who was commissioned to design and plan a comprehensive restructuring in all legal, economic and financial resources required by Ashoka International subsidiary in Peru
Q
What were the challenges or difficulties presented?
The main difficulties we had in the restructuring of Ashoka International were:
1. A partial settlement of all workers of the subsidiary in Lima
2. The suspension of registration of taxpayer without losing the validity of its corporate life to avoid contractual obligations invalidated by the institution
finance and corporate law by ESAN University, has participated in major transactions and restructurings. Member
of the Bar Association of Lima and the Peruvian Association of Industrial Property and Copyright (APPI).
3. Modifications of social status that will enable us to make a temporary suspension of activities that do not invalidate the suspension of registration of taxpayer
Q
How were the challenges or difficulties overcome?
On the achievement liquidate labor workers Ashoka International subsidiary, pursuant to established labor standards Peruvian labor to avoid judicial disputes or claims not recognized by labor benefits.
We also performed a review of the employment contracts of workers who still retain the affiliate link Ashoka International in order to remedy their deficiencies regarding Peruvian labor legislation.
The tax element was achieved by applying the rule to apply to SUNAT associations, that is the state of taxes in Peru, to maintain a temporary suspension of the validity of the registration of taxpayers without preventing the subsidiary achieves Ashoka International in Lima meet its contractual obligations and commitments
Finally, there were changes in the bylaws of the subsidiary Ashoka International in order to improve the design of management in the organizational structure of the entity.
Q
What other types of clients or transactions have you been involved with?
In 2012 we are involved in other cases of corporate restructuring.
We provide legal advice to Sindicato Unificado de Trabajadores de Producción de la Oroya – SUTAP of Doe Run Peru, in recognition of their credits before the Bankruptcy Commission INDECOPI.
As we know the Doe Run Peru is in a liquidation process and our participation in the bankruptcy process is essential for workers to recover the debts that the company has outstanding.
Q
What are your thoughts and predictions for 2013 and beyond?
By 2013 there will be heavily involved in the bankruptcy process Doe Run Peru to be decided by the final liquidation of the company or the acquisition by any investor.
On the other hand, possibly many Peruvian soccer club entering bankruptcy process to structure your debt, considering that it has created a unique mechanism for these institutions.
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