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 > Corporate and M&A

(Next Generation Partners)

Fernando de CárcerCMS Carey & Allende

Housing ‘a world-class corporate and M&A practice that is fully comparable to what might be found in US or global firms‘, CMS Carey & Allende‘s 23-strong department specialises in complex transactions, such as unsolicited tender offers and international expansion plans via acquisitions. The client base derives from a range of industries, including finance, energy, infrastructure, real estate, construction, telecoms, and hotels and leisure. Managing partner Ramón Valdivieso (M&A operations both in Chile and other parts of Latin America) co-heads the corporate and M&A group alongside Jorge Allende Destuet, who regularly participates in cross-border business combinations. Also highly regarded are M&A specialist Luis Felipe Arze and Fernando De Cárcer (M&A, capital markets and corporate law). Organic growth at the firm saw the promotion of Ignacio Errazquin to partner in January 2021, while at senior associate level, Sebastian Barros is active in energy, infrastructure and natural resources transactions.

Chile > Energy and natural resources > Electricity and hydrocarbon

(Next Generation Partners)

Fernando de CárcerCMS Carey & Allende

The nine-member department at CMS Carey & Allende advises a broad client portfolio on power transmissions, renewable energy, land easements, EPC contracts and related water rights issues. It also assists with permits, regulatory issues, project finance and contract negotiations, along with generation and distribution matters; and has considerable experience in the infrastructure and renewables sectors. Jorge Allende Z and Luis Felipe Arze both advise on transmission line, electrical generation and NCRE matters; Fernando De Cárcer is an energy-related project specialist; and senior associate Sebastián Barros‘ practice also includes energy and natural resources work. Former senior associate Aldo Poblete departed in July 2020.

Chile > Venture capital

CMS Carey & Allende has advised in relation to the start-up industry (and its regulation) since 2013; in October 2019, the firm, along with CMS‘ other LatAm offices, launched a first-of-its-kind global legal accelerator programme (equIP), which is designed to nurture the development of tech start-ups across the region (and beyond). Focused on the VC space (particularly in relation to the technology and fintech sectors), Diego Rodríguez is part of the legal committee of the Association of Fintech Companies of Chile, which represents important start-ups in the fintech industry; Fernando De Cárcer has a longstanding track record in VC transactions. The practice of associate Ricardo Celedón (who re-joined in June 2020 after completing his LLM at Berkeley University) includes advising breakthrough start-ups on their development.

Chile > Projects and infrastructure

Housing a 10-member department CMS Carey & Allende handles both the financial side of projects, as well as the legal aspects surrounding project developments, ranging from feasibility and pre-contract studies to construction, operation and transfer issues. With notable specialisations in the energy, agribusiness and telecoms sectors, examples of work areas include power transmission, renewable energy, land easements, EPC contracts and water rights. Jorge Allende Z and Luis Felipe Arze co-head the infrastructure and projects group, which includes experienced partners Pabla Gaínza (public work concessions, surface property analysis, easements and land use conversion); and Fernando De Cárcer (public and private tendering for infrastructure works). Sebastián Barros is the senior associate to note, while former senior associate Aldo Poblete left the firm in July 2020.

Chile > Banking and finance

CMS Carey & Allende handles the full range of finance work, including project finance, receivables-based credit agreements, syndicated loans, debt restructuring, and the financing of international expansion plans; and the team frequently works alongside the firm’s M&A lawyers on big-ticket acquisition financings. Heading the banking and finance group, Fernando De Cárcer is well known for project financing involving the agribusiness, energy and defence sectors; and, promoted to partner in December 2020, Ignacio Errazquin‘s practice includes energy project finance. Senior associate Enrique Vergara also advises on banking and finance matters. Since publication, the firm has also promoted former bankruptcy-and-insolvency counsel, Victor Farro, to the partnership – effective December 2021.