We advise companies in the creation, perfection, and maintenance of their security interests (and the priority of such security interests) involving all types of collateral, including equipment, inventory, accounts receivable, investment property, instruments, intangible property, and fixtures. The Firm has litigated scores of cases involving the sale of goods and breach of warranties, negotiable instruments, and secured transactions.
Almost 90% of financing in Peru comes directly from banks. Our legal framework justifies the existence of preferential conditions in favor of banks as a way to protect the public’s savings. It is understood that to the extent that banks lend money from the savings public, it is reasonable for them to have special mechanisms to mitigate the risk of savers and especially protect their funds. In this sense, companies that are outside the financial system, as is the case, for example, of a company that wants to sell to its customers by granting them credit to purchase its products, do not have the same conditions as banks to benefit from guarantees that support effectively said credits. For this reason, companies that are willing to assume the financing risk because they know the business and need to sell, require the use of legal instruments that can effectively secure said credit.
The use of negotiable instruments in Peru is a necessity especially when selling goods or securing credits. Its use not only means to avoid discussions about the existence or not of a debt but also because it allows to use of faster and safer judicial procedures. In Peru, the most used are the Promissory note, the Bill of exchange, and checks. These instruments are necessary to secure any transaction. A new instrument, the so-called negotiable invoice, allows companies to trade their invoices on the stock exchange.