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
The area of corporate restructuring law firm has advised international Ashoka in the process of restructuring its subsidiary in Lima Peru. The legal advice provided consisted solve their labor issues, corporate tax and that would 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 Ashoka International subsidiary in Peru
Q
What were the challenges or difficulties presented
The main difficulty we had to restructuring of Ashoka International were three aspects:
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.
On the tax 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.
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76