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TRADE AND COMMERCIAL CONTRACTING

We focus primarily on understanding our client's business, in order to identify and cover their risks and ensure all possible profits within the corresponding legal and ethical framework. A great advantage of our team is the solid preparation in civil, commercial, consumer law, free competition and procedural law, as well as in business sciences (Economics, Finance, Accounting). Unlike other purely corporate law firms, our comprehensive experience allows us to draft simpler and more effective contracts and documents.

The study practice includes:

– General contracting Our focus is that the business plan is carried out. We strive to conduct effective and forceful negotiations, but simple. We strive to increase the total value of the transaction, and to obtain contracts that are as complete as possible, that contain the right incentives and that leave no room for uncertainty.

– Business structures for massive contracting Our experience in the financial, wholesale and retail industry has allowed us to develop a large practice, in the drafting of clear and simple, but solid instruments that allow our clients to address their target market in compliance with the regulations consumer protection, personal data protection, free competition and other regulatory standards. Our clients have the peace of mind of having sufficiently complete contracts that allow them to focus on developing their business.

– International Transactions.
Our International Trade practice includes the flow of goods and services (physical and intangible, including software), Foreign Investment (to and from Chile) and international currency flows, considering different variables, both international trade law, national regulations and treaties. Free Trade and Double Taxation, as regulations for the prevention of crimes related to international currency flows (eg FCPA). We have represented top-level national and international companies, in the most varied aspects of international trade, in various jurisdictions. Considering our experience in the practices, policies and regulations of the exchange of goods and services (raw materials and industrialized products), as well as professional contacts in many countries, we have designed and implemented the most effective contracts to carry out different business schemes, allowing our clients to properly exploit their competitive advantages.

-Relevant Areas of Experience:
o Business Collaboration Agreements, Distribution, Agency, Representation, Franchise Contracts, and other similar ones, considering all the elements that allow us to generate the greatest value for our clients, according to their business plan.

° Goods and Services Export Contracts We have studied and implemented the best options for the export and international trade of goods, taking advantage of various franchises or incentives, both local and international regulations. Especially convenient for our clients has been the import of goods under special customs regimes, allowing significant cost savings. Our experience covers both the export of raw materials, finished products and services, and the import of the same, as well as sophisticated equipment and software.

 

° Relations with receivers and agents abroad We have worked in the negotiation and documentation of contracts for the export and import of associated products and services; agency and distribution contracts, all of the above in different markets, under various commercial terms (transfer of ownership, risks, price and their adjustments), documentary credits and remittances; Maritime transport and insurance, so that our clients can operate safely in the different international markets, clearing once again the uncertainty and risks associated with this stage of the export process, not only derived from the strictly commercial relationship, but also considering legal, exchange variables and associated contingencies.

 

° Litigation and commercial dispute resolution; locally and internationally We have litigation experts in the study, which allow us to face the most complex commercial disputes. We also have a network of contacts, in Chile and abroad, which allows us to defend our clients in different places and jurisdictions. Our experience allows us to advise you on finding the best possible solution, taking into account the nature of each conflict. Very especially, considering this edge, we can give them the best business alternative before the conflict occurs.

 

° Transportation and Insurance We have provided successful legal advice in the areas of transportation (shipping, air, and land) and insurance, including claims and conflict resolution, maritime insurance, financing, multi-modal transportation; maritime agency, bills of lading, and related.

 

° Foreign Currency Flows and International Financing, aimed at exports and infrastructureThe liberation in Chile of exchange regulations has given way to new challenges, tending to verify tax elements, international exchange control and security in international credit operations, such as export financing, international loans and others.

 

° International Regulatory Regulations (Tax, Exchange Control, Antidumping Corrupt Practices Abroad – FCPA) Our advice to foreign companies, especially Americans, has allowed us to learn about the corresponding regulations and their subsequent implementation in Chile. We have actively followed the implementation in Chile of Law 20,303 on Corporate Criminal Liability and the adoption of Preventive Models, from an essentially practical perspective.

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