Juan Carlos Bustamante > Bustamante Fabara > Quito, Ecuador > Lawyer Profile

Bustamante Fabara
AVENUES PATRIA AND AMAZONAS
COFIEC BUILDING, 4TH, 5TH, 10TH, 11TH AND 16TH FLOORS
QUITO
Ecuador

Work Department

General Practice, Tax, Corporate, Oil & Gas, Public Procurement

Position

Senior Partner. Has provided legal advice in different areas of the law to individuals and to national and international companies from both the public and private sectors. Has also practiced in the field of business development, and in public procurement and negotiations under commercial agreements. Has handled contracts for repaying debt to the State; has advised in matters of energy, insurance, contracts with banks, purchase/sale of movable and immovable property, grant of security, foreign investment, contracts for setting up trusts to pay liabilities under transactions with the State and involving foreign financial institutions, and in the issuance of bonds. Advisor in project financing and in drafting contracts related thereto.

Career

Admitted in 1985. Became a Partner of Bustamante & Bustamante in 1968. Former Professor of International Private Law for 30 years at the Universidad Católica del Ecuador in Quito. Former arbitrator of the National Mediation and Arbitration Center of the Chamber of Construction.

Languages

Spanish, English

Memberships

Quito Bar Association; International Academy of Trial Lawyers; Inter-American Bar Association.

Education

American School – Colegio San Gabriel (1961); Catholic University of Ecuador (Doctor of Law, 1985; Licentiate, 1966)

Leisure

Collection of antiques and vintage cars.

Lawyer Rankings

Ecuador > Corporate and M&A

The November-2021 merger of Bustamante & Bustamante and Fabara & Compañía saw the establishment of Bustamante Fabara. The combined firm’s corporate practice provides an ‘impeccable’ offering to its roster of domestic and multinational clients, advising on due diligence, corporate restructurings, joint ventures and M&A, among other matters, with the latter representing a key area of work for the firm. José Rafael Bustamante Crespo has expertise in complex cross-border transactions and co-leads the practice alongside ‘very highly recommended‘ corporate practitioner María Rosa Fabara, who stands out for her experience advising foreign clients in connection with M&A and corporate reorganizations. Other key practitioners include senior figure Juan Carlos Bustamante , who has over 50 years’ experience and supports the team in cross-border matters; while Juan Felipe Bustamante focuses on corporate restructurings and foreign investment. At the senior associate level, Kirina González is noted for her work on a range of cross-border transactions; and Andrés Becdach for his handling of foreign direct investment, corporate restructuring, and incorporations.

Ecuador > Tax

The result of the November-2021 merger of Bustamante & Bustamante and Fabara & Compañía, Bustamante Fabara fields a tax practice with capabilities across advisory and planning matters, contentious tax issues and tax restructurings for a consolidated client roster of both domestic and international companies. The team is co-led by senior partners Juan Carlos Bustamante and Maria Rosa Fabara who provide deep knowledge of tax planning and structuring, and contentious tax disputes before the Tax and Constitutional Court, respectively; as well as advice on non-contentious issues including customs, refunds and transfer pricing arrangements. At associate level, senior Diego Pino is a former legal head of the SRI’s revenue department; with over 20 years’ experience, he has a particular niche specialism representing clients in the pharmaceutical sector in disputes with the tax authority. An additional name to note is that of associate María Fernanda Saá-Jaramillo, whose practice covers corporate tax and tax litigation, transfer pricing, customs, and indirect taxation as well as wealth management. Since research concluded, both Pino and Saá-Jaramillo have been promoted to practice directors, effective as of October 2022.

Ecuador > Energy and natural resources

Following the merger between Bustamante & Bustamante and Fabara & Compañía in November 2021, Bustamante Fabara’s focus remains primarily on compliance and corporate advice in relation to the oil and gas sectors. Notable members of the team include Juan Carlos Bustamante and José Rafael Bustamante, who both have expertise in M&A and joint venture work. Ximena Cabezas is also noted for her advice on mining regulations. While former energy and natural resources practice head Roque Bernardo Bustamante  left the firm to establish his own boutique (which subsequently merged into the former Flor Hurtado firm in December 2021), the firm has since hired former Robalino practice co-head, Rafael Valdivieso, an oil and gas specialist, along with senior associates Gustavo Almeida and Bruno Pesantes, who both advise energy and natural resources companies on transactions, operations, regulatory matters and infrastructure development – effective as of September 2022. Since publication, the firm has hired Juan Carlos Domínguez as associate director of its infrastructure practice; he arrives from an in-house position as legal director at Santoscmi / Acero de los Andes – effective as of January 2023.