Due to the current requirements of the world market, characterized by the globalization and the transversal characteristic of its challenges, García Sayán Abogados offer its clients a legal advice supported by a correct and complete understanding of the business, a solid legal analysis and a wide experience in each relevant area. Therefore, the lawyers are divided in different areas of expertise, which are in permanent and continuous coordination to offer consistent solutions fulfilling the highest international standards of quality. As the needs of the market are becoming more and more complex, García Sayán Abogados has created new areas of expertise.
The Firm has a wide experience in corporate matters such as: business and association matters, all form of business organization, contracting between companies, foreign investment, and reorganization of companies. Likewise, the firm also offers special advice in mergers and acquisitions. Within the corporate practice, the Firm has wide experience and has participated in multiple international transactions of different nature, related also to other topics of specialization and practice of the Firm.
The Firm has relevant experience in the local and international capital market area and has taken part in very important deals on international and domestic financing, representing both lending banks as well as borrowing companies. It also has experience in the issuance of securities through public offerings in the Lima Stock Exchange and in other foreign markets as well as through private offerings. It also has experience in the issuance of American Depositary Shares (ADS), having participated in different operations carried out by Peruvian companies.
The area is integrated by lawyers of wide experience in this field, who support the clients in tax planning, auditing processes and in administrative and judicial process before tax authorities. Due to the particular impact of taxation in any kind of deal or corporate decision, the Firm´s specialists continuously coordinate with the lawyers of the corporate area. They also participate in suggesting modifications to the existing legislation through active participation in the Peruvian Institute of Tax Law, International Fiscal Association (IFA), Procapitales and the Tax Affairs Committee of the National Society of Mining, Petroleum and Energy.
García Sayán Abogados has a wide experience in the counseling of foreign trade affairs such as imports, exports, suspension and temporal regimes, commercial agreements, Andean integration among others. In the same way, it supports its clients in antitrust proceedings related to commercial cases of dumping, subsidies and safeguards.
The Firm has a highly-trained and excellent professional team with wide experience in the development of due diligences. Due diligence processes are crucial in mergers and acquisitions as well as for financing. In order to perform this service, the Firm appoints lawyers of all the different areas for the audition and who work jointly to issue a final detailed report.
García Sayán Abogados advises its clients in all aspects related to insolvency and corporate restructuring. This area advises both the main creditors and enterprises in restructuration.
García Sayán Abogados advises clients proactively, especially in matters concerning advertising, as well as in administrative proceedings related to free competition and consumer protection, followed before the Board and the Court of Defense of Competition of INDECOPI; and successfully leads dumping proceedings.
The lawyers of this area are experts in the registration and protection of industrial and intellectual property, particularly on trademarks, patents, copyrights and industrial designs. Likewise, they have experience in the negotiation and drafting of contracts related to this area of Law, such as licenses, assignment of trademarks or franchises and technology transfer contracts. The members of this area are part of the Interamerican Association of Intellectual Property (ASIPI) and the International Trademark Association (INTA).
This area is developed in the Firm since its foundation 120 years ago. Its legal counsel includes the study and review of mining titles, the incorporation of mining companies, the negotiation and drafting of mining options, exploration and exploitation agreements, as well as associations and mining joint ventures. The members of this area participate actively in suggesting concepts related to the issuance of new legislation through the National Institute of Mining, Petroleum and Energy Law and the National Society of Mining, Petroleum and Energy.
García Sayán Abogados provides advice in the negotiation of contracts and concessions for exploration and exploitation of hydrocarbons, as well as on issues related to storage, transport and distribution. It also provides advice on issues related to electricity.
The advice in this area includes compliance with environmental obligations such as the adoption of environmental management instruments (EIA, DIA, etc.) and obtaining permits and licenses, among others, in addition to providing advice on all aspects of the Clean Development Mechanisms (CDM- Carbon Markets). The members of this area are actively involved in creating new legal framework through the Environmental Affairs Committee of the National Society of Mining, Petroleum and Energy.
The Firm provides advice to customers engaged in the exploitation of minerals, oil and gas on its community relations and social responsibility issues, avoiding conflicts and resolving existing ones.
The Firm is very well known for its traditional treatment of civil matters, such as contracts between individuals, family matters, state, as well as advising all kind of associations and nonprofit organizations.
García Sayán Abogados advises clients on administrative and judicial procedures in all regulated sectors such as energy markets, hydrocarbons, telecommunications and transport. The experience of the Firm also covers topics related to public administration, administrative procedures, contracting with the State, concessions and public private partnerships.
García Sayán Abogados advises its clients in the determination of coverage claims, drafting and interpretation of policies and related matters, in addition to defending them in administrative and judicial procedures. This area has relevant expertise in aviation insurance, an area in which the Firm has been representing insurance companies and reinsurers in the United States.
The lawyers in this area have a vast experience in the defense of commercial, civil and administrative procedures. Likewise, they also have a wide experience in arbitration. Members of the area have been recognized for the quality and efficiency of their services by the most prestigious Peruvian banking institutions. The Firm has wide experience in litigation and proceedings before the courts in the country and has collaborated with other correspondent firms in the advice of its clients in litigations abroad.
This area has a strong experience in the defense of labor trials, negotiation of agreements with unions and employment contracting matters. The lawyers of this area participate in all corporate transactions to provide the best legal advice and solutions to mitigate or avoid the labor contingencies arising from, or related to, such transactions. Likewise, the Firm is expert in immigration law, offering advice in the application for work visas to foreign citizens as well as all general matters related to migratory issues.
The area provides legal advice in the field of criminal law, issues related to economic, environmental and patrimony crimes, among other offenses under the Criminal Code. It provides preventive legal advice and defense services in the preparation and sponsorship of criminal charges and in monitoring procedures in the field of criminal and procedural law, including the implementation of the new Criminal Procedure Code. Services are provided throughout the national territory.
Provide García Sayán Abogados customers important advice in real estate, providing alternatives and solutions to make business related real estate and construction projects. This includes for example: Legal clearing land titles, reviewing Property Titles, Construction Project Development, Relationships with the city hall officers to develop projects and licensing construction, Purchase of property, Land Trusts, Condominium Regulations, Surface rights, pledges, mortgages, Legal Usufructs, Mortgages, Expropriation Procedures of Real Estate and others.