Projects in Assets

Asset acquisition projects are mechanisms for the promotion of private investment in assets owned by ministries, regional governments and local governments, under the following schemes: (i) disposition of assets, which includes the transfer and exchange of real estate; and (ii) assignment contracts in use, lease, usufruct, surface or other modalities permitted by law.

Through the Projects in Assets mechanism, private investors may develop projects on state-owned assets at their own risk, without committing at any time, according to the current legal framework and except for express legal exceptions, public resources or transfer risks to the corresponding public entity.

As with any investment project, Asset Projects need to be evaluated by their titular entities before being incorporated into the promotion process, in order to analyze aspects such as the best use that could be given to the asset and the contractual modality to be used.

Finally, Projects in Assets can be promoted by state or private initiative.

Estudio Echecopar has advised on numerous projects under this modality, such as for the Science and Technology Park Project promoted by the PUCP through a private initiative, Larcomar Mall and Club Terrazas.

The services we provide include:

• Advice on structuring, filing and processing, up to the declaration of interest, selection process and signing of contracts under Project in Assets to be presented by private initiative.
• Comprehensive advice to investors for purposes of their participation in the selection processes convened by the state for the development of projects under Projects in Assets.
• Comprehensive legal advice to investors on corporate matters, specialized tax planning, project financing, labor issues, consortium contracts, and EPC or procurement contracts, among others.
• Consultancy to the national government and sub national governments in the structuring and promotion of Projects in Assets.
• Advising in the execution of contracts under Projects in Assets, including their renegotiation.
• Consultancy in its relationship with the contracting entity, the sub national governments, and other entities related to the execution of the projects.
• Representation in specialized Arbitration related to controversies arising from the execution of the contracts.