Fernando De Cárcer > CMS Carey & Allende > Santiago, Chile > Lawyer Profile

CMS Carey & Allende
Avda. Costanera Sur 2730, Piso 9
Parque Titanium, Las Condes
7550000 Santiago
Chile

Work Department

Corporate/M&A | Banking & Finance | Projects & Infrastructure

Position

Fernando is partner and leads the Banking & Finance group and he is a member of the Corporate team for CMS Carey & Allende.

He focuses his practice on M&A, capital markets and banking and finance matters. He is particularly experienced in advising clients from the energy and natural resources, defense and agribusiness industries.

Fernando has advised national and foreign companies in the participation of public and private tendering processes for infrastructural works.  He has also advised on various projects, in all of their stages, including the consolidation of rights on future exploitation, project finance, construction of works, and the negotiation of contracts.

Key clients: Ardian, Nevasa S.A. Administradora de Fondos, BobRental S.A., Lockheed Martin, Grupo Cosemar.

Career

2007 Joined Carey & Allende (since 2017 CMS Carey & Allende) as associate
2010 Worked at KPMG Abogados in Madrid (Spain)
2010 Promoted to senior associate
2016 Promoted to partner
2017 Appointed as co-head of the Banking & Finance and Commercial practice area groups

Languages

Spanish, ENglish

Memberships

He is a member of the Chilean Bar Association

Education

2006 – Law Degree, Pontificia Universidad Católica de Chile School of Law
2010 – Master of Law (LL.M.), Duke University

Lawyer Rankings

Chile > Banking and finance

CMS Carey & Allende‘s five-member team handles syndicated loans, project finance and receivables-based credit agreements, with other key areas ranging from debt restructuring to the financing of international expansion plans and capital markets transactions. Clients also benefit from the group’s ability to leverage the expertise of M&A colleagues during big-ticket acquisition financings. Leading the group, Fernando De Cárcer‘s experience includes advising publicly-held companies on the issuance, registration and placement of securities. Other key advisers include hospitality, finance and natural resources specialist Jorge Allende Destuet; and senior associate Enrique Vergara, who advises both local and foreign clients on banking and finance matters.

Chile > Corporate and M&A

(Next Generation Partners)

Fernando de CárcerCMS Carey & Allende

The 17-strong practice at CMS Carey & Allende is highly active in both local and international M&A transactions and demonstrates notable expertise across a broad array of industries including energy, private equity, financial services, manufacturing, IT, telecoms, infrastructure and utilities, along with real estate, construction, hospitality, leisure and life sciences. The corporate and M&A department is co-led by managing partner Ramón Valdivieso, who focuses primarily on M&A operations (both in Chile and elsewhere in Latin America via the CMS’ regional network); and ‘outstanding attorneyJorge Allende D. Also key to the group are: Luis Felipe Arze, who is especially active in the energy (/natural resources), agribusiness, hospitality and regulated-markets’ sectors; and M&A and corporate law specialist Fernando De Cárcer. Experienced senior associates Sebastian Barros and Enrique Vergara both handle corporate and M&A work.

Chile > Energy and natural resources > Electricity and hydrocarbon

(Next Generation Partners)

Fernando de CárcerCMS Carey & Allende

Full-service law firm CMS Carey & Allende houses a nine-strong team that consistently acts on renewable energy and power transmission projects, including the regulatory aspects of power plant developments, permits, construction contracts, sub-contracting agreements and public concession bids. It also has extensive experience in advising major energy players on acquisitions, joint venture transactions, bidding processes, PPAs, and project finance. Additionally, the team is increasingly assisting companies with green hydrogen matters. Jorge Allende Z and Luis Felipe Arze both routinely advise on transmission line, electrical generation and NCRE projects, while Fernando De Cárcer‘s practice includes the development and financing of energy projects. The senior associate to note, Sebastián Barros brings notable expertise in transactions, project development and financing to the energy group.

Chile > Capital markets

The seven-strong team at full-service firm CMS Carey & Allende frequently assists with private placements and public offerings, including IPOs and project bond issuances. The practice is co-led by managing partner Ramón Valdivieso, whose broad practice includes the issuance, registration, and placement of securities; and Jorge Allende D who focuses on M&A, capital market operations and private equity, and routinely acts for international clients from the hospitality, finance and natural resources sectors. Completing the partner-level team, Fernando De Cárcer advises on securities and the development of corporate governance practices; while senior associate Enrique Vergara ‘s practice includes corporate bonds work.

Chile > Projects and infrastructure

CMS Carey & Allende fields experts in both the financial and legal-regulatory aspects of development projects. The 11-strong department’s specialisms include the feasibility and pre-contract management aspects of construction, operational and transfer issues; and in addition to major project financings, the team assists with power transmission, renewable energy, land easements, EPC contracts and water rights. The practice is led by Luis Felipe Arze, who is particularly active in non-conventional renewable energy (NCRE) projects, while Jorge Allende Z regularly advises on energy and mining projects. Also key to the group, Fernando De Cárcer assists with public and private tendering processes for infrastructure works; and senior associate Sebastián Barros is experienced in transactions, financings and project development.

Chile > Venture capital

The 10-strong venture capital practice at CMS Carey & Allende routinely advises clients at each phase of their growth, through to exit stages; its expertise covers seed capital and financing rounds, due diligence, vesting plans, and regulatory analyses to determine businesses’ viability. The group also fields specialists in data protection, corporate governance and tax planning; clients additionally benefit from CMS‘ global legal accelerator programme, equIP, which nurtures the development of tech start-ups  in Chile, Brazil, Colombia, Mexico and Peru. Increasingly focused on VC matters, practice leader Diego Rodríguez routinely acts for start-ups in the technology and fintech sectors. Providing further partner-level support, Fernando De Cárcer‘s VC transactions practice includes advising entrepreneurs and investors on securing agreements that focus on growth for stakeholders. Former associate Ricardo Celedón left the firm in December 2021.

Latin America: International firms > Banking and finance

CMS has a wide-ranging banking and finance practice in Latin America, given additional geographic coverage by its multiple offices in the region (Brazil, Chile, Peru, Colombia and Mexico). From acquisition financings to the development of fintech markets in key jurisdictions, the Latin America team benefits from the global firm’s standing and expertise in key segments, along with strong connections to top law firms in New York and elsewhere in North America. Its impressive client base includes private equity houses, corporates, government entities, banks and DFIs. Key partners include Fernando De Cárcer and Jorge Allende Destuet in Santiago, Daniel Rodríguez and Sergio Rodríguez-Azuero in Bogota, and Miguel Viale and Diego Peschiera  in Lima.