Diego Peralta

(The following information was supplied by the firm)

Partner of Carey and co-head of the firm’s Banking and Finance Group. The main focus of his practice is the creation and structuring of financial products and financing for all kinds of businesses, both from the lender or the borrower’s perspective; the purchases and sales of companies and the issuance and placement of debt and equity securities either in Chile or elsewhere, as well as financial regulatory matters.

REPRESENTATIVE EXPERIENCE

• Qatar Airways, and its affiliates, on the negotiation and execution of a debtor-in-possession (DIP) financing to LATAM Airlines during the reorganization process of the latter, under the Chapter 11 rules in the Bankruptcy Court for the Southern District of New York, for up to USD2.45 billion.
• Banco de Crédito e Inversiones and Bci Corredor de Bolsa on the acquisition of all the financial and credit cards business of Walmart Chile and the entering into a long term cooperation agreement in order to further develop the retail financial business in Chile, which required the approval from the National Economic Prosecutor (FNE) and the Superintendency of Banks and Financial Institutions (SBIF).
• Codelco on the issuance of USD600 million notes to be listed in the Formosa market, Taiwan, with an annual interest rate of 4.85% due by May 18, 2048.
• Export Development Canada and The Bank of Nova Scotia, as lenders, on a total loan for USD150 million granted by each of them to Compañía de Petróleos de Chile Copec. The unsecured loans were structured in two separates, but substantially identical, New York law Credit Agreements, and documented by means of Chilean promissory notes.
• Citi, HSBC, JP Morgan and Merril Lynch on the pricing and purchase of USD500 million of Medium Term Notes (MTN) issued by Banco Estado at a 2.668% annual rate and due in 2021. This transaction was made under a Banco Estado bond issuance program for up to US$3 billion.
• International Finance Corporation (IFC) on granting a loan for financing subprojects by way of subloans to Banco Itaú Chile for up to USD200 million.
• Banco de Chile in relation to the update of a USD3 billion Medium Term Notes Program filed in the Luxembourg Stock Exchange.
• IM Trust – Credicorp Capital and JP Morgan Securities on the secondary offering of shares representing the 6% of Cencosud, owned by the Paulmann family (controlling shareholder of 59,7%), both in the local market and as ADS in the United States, for USD458 million.
• The Bank of Nova Scotia and Scotiabank Chile on the negotiation a 15-year business alliance with Cencosud, Cencosud Retail and other subsidiaries to develop the consumer credit business in Chile. Additionally, Scotiabank Chile granted a loan for up to USD3 billion to Cencosud.
• HSBC Securities (U.S.) and Scotiabank, as initial purchasers, on the issuance and sale of non-registered bonds by Cencosud, under Rule 144A and Reg. S for USD650 million at a 5.150% rate, due in 2025 and for USD350 million at a 6.652% rate, due in 2045.
• BBVA Group on the sale of its Chilean pension business for USD2 billion to MetLife.
• ING Group on the sale of its Chilean pension business affiliate for USD3.8 billion to the Colombian Grupo de Inversiones Suramericana (Grupo Sura).
• CCAF Los Héroes on the incorporation of a non-banking prepaid card issuer company, named Sociedad Emisora de Tarjetas de Pago Los Héroes, in accordance with the provisions set forth in Law 20,950, including the request for the relevant authorization, which was granted by the SBIF.

AWARDS AND RECOGNITIONS

• Lawyer of the Year Award in Project Finance and Development, Best Lawyers (2018).
• Recognized in Banking and Finance and Capital Markets, Chambers Latin America.
• Recognized in Banking and Finance and in Capital Markets, Latin Lawyer 250.
• Recognized in Banking and Finance, Legal 500.
• Recognized in Banking and Finance and in Capital Markets, IFLR1000.
• Recognized as Thought Leader in Banking and Finance, LACCA.
• Recognized in Banking and Finance, Who’s Who Legal.
• Recognized in Banking and Finance; Capital Markets; Investments; Corporate and M&A; Project Finance and Development Practice and Structured Finance Law, Best Lawyers.

ACTIVITIES AND MEMBERSHIPS

• Member of the Council, Chilean Bar Association (2017-2021).
• Member of the Advisory Committee on Capital Markets to the Financing Minister.
• Member of the New Commerce Codification Commission (2016-2017).
• Working Group to analyze a new General Banking Law, Chile (2015).
• Member of the Board of InBest, a non-profit organization that seeks to promote Chile as a business capital (since 2009).
• Member of the Legal Committee, Chilean Banking Association (2000-2007).
• Member of the Chilean Bar Association.
• Counsel and member of the Executive Committee, Inter-American Bar Association (IABA).
• Member of the Arbitration Body of the Center for the Arbitration and Mediation, Santiago Chamber of Commerce.
• Legal counsel, Citicorp and Citibank, Chile (1985).
• Law clerk, Comptroller’s Office, Republic of Chile (1972).

PUBLICATIONS

• Co-author of the Chilean chapter in Global Legal Insights – Banking Regulation, Global Legal Group (2020).
• Co-author of the Chilean chapter in China Trade and Investment in Latin America, The Legal 500 Guide (2020).
• Co-author of the Chilean chapter in Global Legal Insights – Banking and Finance, Global Legal Group (2020).
• Co-author of the article “Regulatory Overview of Fintechs in Chile” in the book “Fintech: Legal Aspects”, Cetys, Universidad de San Andrés, Argentina (2019).
• Co-author of the Chilean chapter in Fintech Regulation in Latinamerica, Lloreda-Camacho (2019).
• Co-author of the Chilean chapter in ICLG – Foreign Direct Investment Regimes, Global Legal Group (2020).
• Author of the Chilean chapter in ICLG – Lending & Secured Finance, Global Legal Group (2015-2020).

SEMINARS

• Lecturer in “Chile Week” conference, China (2016).
• Frequent lecturer in conferences organized by the Inter-American Bar Association (IABA), American Bar Association (ABA), PRAC, Federación Latinoamericana de Bancos (FELABAN), among others.

RELATED AREAS

• Banking and Finance
• Capital Markets
• Mergers and Acquisitions
• China Desk

EDUCATION

• Law, Universidad de Chile.

ADMISSIONS

• Chile (1975).

LANGUAGES

• Spanish.
• English.

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