Uncategorized October 2, 2022
“In general, there are many consultations on the constitutional framework, what a new government could or could not legally do to change the current constitution, or whether constitutional norms allow for the convening of a Constituent Assembly,” says Luis Carlos Rodrigo, managing partner of the Peruvian law firm Rodrigo, Elías & Medrano. According to the Peruvian Ministry of Foreign Affairs, this country has developed a framework of legal stability that guarantees investors clear rules and has taken the necessary steps to establish an appropriate investment policy that removes the obstacles that foreign entrepreneurs can pose and establishes the necessary rules to ensure their economic stability. as for arbitrary changes to the legal conditions of their projects. Among the conditions that the government guarantees through legal stability are the conditions related to income tax and the distribution of dividends. These measures benefit those who are willing to invest a minimum of $10 million in the mining or hydrocarbon sector or $5 million in another activity for 2 years. In this context, this article aims to highlight certain aspects that companies with securities registered with the Securities Market Authority (SMV) and the BVL should take into account, in particular with regard to their obligation to inform the market of important information and, in a specific case, information affecting the activities and financial situation of an issuer. as a result of the coronavirus. While it may be difficult to determine which disclosure is appropriate for the market, the current trend is that information about the coronavirus and its likely impact on the above issuer`s business is being disclosed to the market. In this context, many entrepreneurs in the country have seen the opportunity to invest in a digital business to generate more revenue. For Bruno Rojas Marallano, lawyer of estudio Fuentes, “the most important thing is the formality, because it allows to develop commercially and not to have problems in front of public institutions”.
For this reason, it shares some legal aspects that should be taken into account before starting an online business. Amid this expectation, companies in the neighboring country have turned to their legal advisors to analyze the scenarios and, in particular, the legal framework that can protect their investments from an almost imminent triumph for left-wing candidate Pedro Castillo. Here, the current constitution and the limits it sets for substantial economic reforms are the starting point for their questions. It is no secret that Peruvian or Peru-based businessmen are waiting in the embers for a quick resolution of the recent presidential election, which came nearly 10 days after the vote without a final announcement and with greater nervousness caused by allegations of electoral intervention by the Popular Force candidate. Keiko Fujimori First of all, publicly traded companies must analyze the actual impact of the coronavirus on their respective activities by assessing whether (i) it is necessary to make a specific disclosure about the impact of the coronavirus on their financial, legal, commercial or future situation, (ii) whether it is appropriate to modify or update information previously disclosed to the market (for example, in or as part of a projection). of the content of the information brochures) and, where appropriate, to consider a certain restriction on the use of information which is not yet of a public nature and which concerns the possible impact of the coronavirus on the respective issuer. “Entrepreneurs who do not formalize and care about the legal aspects of their business run the risk of being sanctioned by the authorities. These fines will eventually affect their development. In addition, they do not have the opportunity to access loans and will not develop in the long term,” says Juan Ñahue, a lawyer and mentor at PuCP`s Center for Innovation and Entrepreneurial Development (CIDE-PUCP). In 2021, online sales in the country mobilized $ 9.3 billion, an increase of 55% compared to the previous year, according to figures from the Observatory of the Peruvian Chamber of Electronic Commerce (Capece).