Eluchans Abogados > Santiago, Chile > Firm Profile

Eluchans Abogados > Firm Profile

Even with more than 100 years of history, Eluchans Abogados is a law firm that has excelled in continuously keeping up with the times. During the last decade, without forsaking the quality of our personalized services, which is our distinctive seal, we have experienced significant growth in terms of number of lawyers, practice areas and client portfolio.

Our lawyers graduated from the most prestigious universities in Chile; and most of them also have postgraduate studies in the best universities of North America, Europe, and Asia. Some of them count with practice experience abroad.

We accompany our clients from the beginning of their businesses, from the initial legal and corporate structuring to the development and implementation thereof, covering daily advising, negotiation and completion of complex transactions that require a tailor made solution under the best standards, etc.

Our clients are comprised by the most important national and foreign corporate groups and businessmen; with whom we have built long term professional relationships for decades. We have represented and advised the controllers of the various banks and financial institutions, consequently taking part in bank mergers and acquisitions, financing structures and public offerings, as well as the purchase and establishment of banking institutions in Chile. We also represented and advised national and foreign companies in industries such as real estate and constructions, infrastructure and public biddings, mining and natural resources, agroindustry, technology, energy, international trade, retail and consumer protection, compliance and anti-corruption, family businesses and private equity, venture capitals, among others.

Additionally, several members of Eluchans Abogados have served as board members in banks and financial institutions. And some of them have also an outstanding participation in national politics; notably Mr Edmundo Eluchans, who served as a congressman in two periods, who was further elected by his peers as the President of the Chamber of Deputies.

Main practice areas
Corporate/mergers and acquisitions: Eluchans offers its clients a full and innovative service in all matters related to corporate law. Our lawyers provide advice on corporate structures, corporate 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 advisers 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 issues.

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

Our services:

• Corporate governance
• Private capital transactions
• Due diligence
• Joint ventures
• Divestments and carve-outs

Tax: Tax consulting is one of the pillars of Eluchans Abogados, which has a team exclusively dedicated to this area of law. In this way, Eluchans Abogados provides tax consulting services in Chile on both 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, whether in local and international transactions, acquisitions and mergers, joint ventures, corporate restructuring, or project financing.

In addition, our firm has extensive experience in proceedings before the tax authority, representing its clients before the Internal Tax Service, the Tax and Customs Courts, and the higher courts of justice.

Private wealth: With undisputed recognition of our extensive track record and experience accompanying our clients, we anticipate and identify strategic aspects of personal, family and business assets to generate tools 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.

Real estate: Eluchans 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 the 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 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.

Mining and natural resources: 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 them and arrange 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 water 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 assessment and community engagement strategies and to environmental assessment and sanction procedures.

Labor and immigration: Eluchans 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 emerge 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 collective bargaining processes and matters pertaining to collective law.

Foreign investment: 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 of course assessment of 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 include 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.

Infrastructure and concessions: Eluchans Abogados has provided principals and contractors with 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 tender processes, the preparation and negotiation of contracts, and handling grievances and dispute resolution, including arbitration and litigation. Eluchans 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.

Compliance: Considering the punitive powers of the various government agencies and the possible criminal liability of legal entities, their directors, and executives, Eluchans Abogados advises 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 risks, 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 anti-corruption 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.

Dispute resolution: Our dispute resolution team advises national and transnational corporations in the resolution of disputes at each stage: in contract administration, extrajudicial negotiations, strategy design and representation in jurisdictional proceedings.T

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

Our services:

• Civil and commercial litigation
• Public litigation
• Product liability
• Consumer protection
• Government contract claims

Lawyer Profiles

Photo	Name	Position	Profile
	Andrés Correa Cruzat	Partner	View Profile
	Edmundo Eluchans Urenda	Partner	View Profile
	Ricardo Ihnen Becker	Partner	View Profile
	Guillermo Malatrassi Mozó	Partner	View Profile
	Carlos Ossandón Salas	Partner	View Profile
	Tzu-Hsin Shen	Partner	View Profile