We advise our client, a company with strong experience in the development of high-quality real estate projects, among which is the Centro Empresarial More, a real estate project made up mainly of offices, located in the district of Santiago de Surco, Lima.
The client requested us to the review and analyze all contractual and accountants’ documents related to a transfer of eighty-three (83) real estate units, valued in US$ 5’997,214.88, which were initially sold in favor of “Edificaciones y Construcciones El Polo S.A.C.” and subsequently, were transferred in favor of Luis Armando Barrera Palacios and Emma Rosa Macchiavelo Teevin (conjugal partnership). Our main objective was to determine the legality of the referred operation, given that the conjugal partnership is currently investigated by the Public Ministry for money laundering. This analysis was carried out jointly with the compliance area and involve the identification of possible contingencies, both corporate, contractual and compliance ones, that would be generated if our client proceeds with the transfer of property and deliver the real estate units sold.
After a very detailed analysis we identified formal vices in the original transfer of property that could allow our client intent to request the nullity of such transaction and terminate the indirect contractual relationship with the conjugal partnership, hence, eliminate the risks of being involved in a laundering money investigation. It was a complex and delicate analysis, considering the participation of different companies linked to our client and that had participated in the signed contracts. Likewise, sensitive information related to ongoing criminal proceedings were processed. Our advice allowed the client to have a legal strategy to protect their interests against the irregular operation carried by their previous administration.
