Diego Peralta
Partnerdperalta@carey.cl
+56 2 2928 2216
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
- Codelco on the issuance and sale of securities for an aggregate of USD2 billion, under regulation 144A/Reg S of the United States, consisting in a new issuance of USD1.5 billion, with an interest rate of 6.44% and maturity in 2036, and the reopening of its existing notes for USD500 million, due in 2053, with an interest rate of 6.3%. This transaction included the participation of BofA Securities, Citigroup Global Markets, J.P. Morgan Securities and Santander US Capital Markets, as initial purchasers.
- Qatar Airways, as shareholder and lender, on the LATAM Airlines reorganization process under Chapter 11 rules in the Bankruptcy Court of New York, including the negotiation and execution of two debtor-in-possession (DIP) financings. The process ended with a successful emergence of LATAM Airlines from the proceeding after securities issuances and debt contracting for a total of USD13.2 billion, resulting with Qatar Airways remaining as a relevant shareholder.
- 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.
- Citi, HSBC, JP Morgan and Merrill 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 USD3 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 of 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
- Named Lawyer of the Year in Capital Markets (2022) and in Project Finance and Development (2018), Best Lawyers.
- Recognized in Banking and Finance and Capital Markets, Chambers Latin America.
- Recognized in Banking and Finance and Capital Markets, The Legal 500.
- Recognized in Banking and Finance and in Capital Markets, Latin Lawyer 250.
- Recognized in Banking and Finance and in Capital Markets, IFLR1000.
- Recognized in Banking and Finance and Capital Markets, Who’s Who Legal.
- Recognized as Thought Leader in Banking and Finance, LACCA.
- Recognized in Banking and Finance, Capital Markets, Investment, Project Finance and Development and Structured Finance, Best Lawyers.
- Recognized in Banking and Finance, and Fintech, Leaders League.
- Recognized in Banking and Finance and Capital Markets, Top Ranked Legal.
ACTIVITIES AND MEMBERSHIPS
- Member of the Council, Chilean Bar Association (2017-2021).
- Member of the Advisory Committee on Capital Markets of the Ministry of Finance.
- Member of the New Commerce Codification Commission (2016-2017).
- Working Group to analyze a new General Banking Law, Chile (2015).
- Founder and member of the Advisory Committee of InBest, a non-profit organization promoting the Chilean capital markets.
- 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 Latam Fintech Regulation, Lloreda-Camacho (2019 and 2023).
- Co-author of the Chilean chapter in ICLG - Lending & Secured Finance, Global Legal Group (2015-2022).
- Co-author of the Chilean chapter in Global Legal Insights - Banking Regulation, Global Legal Group (2020-2023).
- Co-author of the Chilean chapter in ICLG - Foreign Direct Investment Regimes, Global Legal Group (2020-2021).
- 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).
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.
EDUCATION
- Law, Universidad de Chile.
ADMISSIONS
- Chile (1975).
LANGUAGES
- Spanish.
- English.
