Considering the punitive powers of the various government agencies and the possible criminal liability of legal entities, their directors and executives, at ICMS Abogados we advise companies through the design and implementation of crime prevention mechanisms, anticorruption and self-regulation programs or policies based on the activities of each client and the risks they entail. We help to assess and identify threats, proposing the implementation of controls, improvements and crime prevention mechanisms. We take care of companies’ needs in this area, helping to strengthen their corporate integrity to ensure their sustainability.

Our team also advises in due diligence processes, analyzing companies’ compliance and anticorruption systems, reviewing their compliance programs and their policies and controls against corruption, money laundering, terrorist financing and other crimes referred to in Law No. 20,393 on the criminal liability of legal entities.

ICMS Abogados has provided comprehensive advice on large infrastructure and construction projects in areas ranging from mining and natural resources to rail transport.

The firm’s services range from project creation (in conjunction with other areas) to the phases of bidding processes, the preparation and negotiation of contracts, and handling grievances and dispute resolution, including arbitration and litigation. ICMS Abogados has advised numerous owners, contractors, subcontractors, and suppliers.

The work also includes planning of financing, strategies for construction contracts and tax aspects, regulatory compliance, negotiation and drafting of contracts, assistance in contract administration, and dispute resolution.

The firm also has extensive experience in all types of contract modalities including EPC, EPCM, BOP, TSA, and BOT.

ICMS Abogados offers its clients a full and innovative service in all matters related to corporate law. Our lawyers provide advice on corporate structures and governance, shareholder pacts, joint ventures, and powers of representation.

We also advise family offices, investment funds, new and consolidated companies, and those in the process of being created in corporate affairs such as the structuring of capital rounds and their relationship with banking institutions, investment banks, financial advisors and government agencies.

The M&A practice covers the structuring of all types of partnerships and companies in a wide range of transactions, including local and cross-border agreements, joint ventures, corporate strategies, and governance subjects.

Our lawyers have developed profound strategic and sensitive knowledge, advising our clients in the negotiation and drafting of the necessary agreements for the establishment of a successful partnership.

Our Services:

• Corporate Governance
• Private Capital Transactions
• Due Diligence
• Joint Ventures
• Mercados de valores
• Divestments and Carve-Outs

ICMS Abogados has solid experience in real estate, advising high-profile developers, investors, creditors, and mortgage debtors in all major areas of real estate and construction practice.

We advise and assist clients in: Acquisition, sale, commercial and financial leasing of real estate projects; Project risk identification, analysis, and allocation; Negotiation of contracts for design, construction and consulting services; Structuring and negotiation of capital and debt financing documents; Development agreements; and Compliance in zoning and land use matters.

The Real Estate group brings together lawyers from the other practice groups to design a tax structure tailored to each project; issues related to permits and authorizations from municipal, ministerial, and other agencies; project financing; design of a management and co-ownership system; specific regulatory advice and analysis on urban development issues and, in general, all issues necessary for the fulfillment of all the project’s objectives.

This practice area includes general advice for foreign companies interested in doing business in Chile or in implementing joint ventures with Chilean companies.

This process includes determining the most suitable legal vehicle, from the alternative of an agency or permanent establishment to the incorporation of a given type of company (limited liability, equity or anonymous) or the establishment of a structure of various companies. It also includes advice in the respective agreements and pacts among partners or shareholders, and, consequently provides assessment on the most appropriate tax alternative in the light of local legislation and the International Double Taxation Agreements that may be applicable and the maximization of possible benefits under the Free Trade Agreements signed by Chile. Furthermore, our services i.e. recommending the foreign investment regime that is most pertinent or most convenient, while also considering the eventual application of Promotion and Reciprocal Investment Protection Agreements with the investor’s country of origin.

Our services also include advising on the required actions and presentations before the Foreign Investment Promotion Agency, the fulfillment of regulations on international exchanges before the respective commercial banks and the Central Bank of Chile, the preparation of documents and applications for compulsory registries in Chile before tax and municipal authorities and the representation of foreign investors before the aforementioned Foreign Investment Promotion Agency, regulatory agencies and the Chilean Central Bank.

ICMS Abogados has outstanding experience in labor issues, advising domestic and foreign clients on individual and collective labor law, labor litigation, social security, and immigration.

Our practice area is characterized by providing clients with ongoing advice on all types of labor issues that may arise within the company, whether in recruitment processes, compensation, preventive labor audits, corporate policies, internal regulations, subcontracting, or training, among others.

The firm also has lawyers specializing in labor litigation, who represent their clients in court and also have significant experience in union negotiation processes and matters pertaining to collective law.

Our dispute resolution team advises national and transnational corporations in the resolution of disputation stages: in contract administration, extrajudicial negotiations, strategy design and representation in jurisdictional proceedings.

The team regularly represents clients in all types of lawsuits and arbitration processes, including civil, commercial, project and construction, corporate, consumer, fiscal, environmental disputes, among others.

Our Services:

• Civil and Commercial Litigation
• National and International Commercial Arbitration
• Public Litigation
• Product Liability
• Consumer Protection
• Government Contract Claims

With acknowledged recognition of our extensive record and experience accompanying our clients, we anticipate and identify strategic aspects of personal, family and business assets to generate the means that help them make decisions.

Our solid experience allows us to offer sophisticated legal advice in national and international succession processes, strategic equity investments, trusts, prenuptial agreements, inheritance, art works and investments and agreements with third parties.

We guarantee top quality services from a global business perspective and understand the specific characteristics of each personal or family situation.

Our team advises high net worth families and businesses and is committed to achieving the best results, collaborating with their preservation and growth, and securing their legacy for future generations.

Our clients include some of the highest net worth families and businesses in the country, which stand out for their undisputed leadership in their respective markets.

We have been involved in the development of some of the largest electric and mining projects in the country, in matters pertaining to water, mining, environment and energy law, as well as in regulatory and administrative matters.

We participate in projects from the early stages, proposing and analyzing different alternatives for their optimal development, as well as in defining strategies to achieve them. We also advise and support these clients in obtaining the necessary permits for them, including environmental licensing (RCA), water permits, electrical concessions, mining concessions, etc.

We have solid experience in procedures associated with hydraulic works and water rights in general, in mine property and easements, as well as in electrical concessions and easements. We also advise various types of industries in environmental matters, including the design of strategies for community's assessment and engagement, as well as environmental appraisal and punitive procedures.

Tax consulting is one of the leading practices of ICMS Abogados, which has a team exclusively dedicated to the area. In this way, ICMS Abogados provide tax consulting services in Chile on both the corporate and personal levels.

Because of our comprehensive vision, tax advice is integrated with the services provided by the firm in its other practice areas, so that tax effects and contingencies are considered in each of our clients’ businesses and activities, acquisitions and mergers, joint ventures, corporate restructuring, or project financing, whether local and international transactions.

In addition, our firm has extensive experience in proceedings at tax authorities, representing its clients at the Internal Tax Service, Tax and Customs Courts, and Higher Courts of Justice.