Advisories to Companies and Investors

Cruz lawyers act as counselors and advisors on general legal matters related to the day-to-day operations of our clients, including the preparation, drafting and execution of contracts and commercial agreements, such as purchase and sale contracts, rentals, contracts with clients and suppliers, as well as all the corresponding bank documents.
Cruz. provides its clients with precise and up-to-date advice and information regarding the legal structure of the companies and offers legal counsel in all the operations of the company.

Additionally, the growing international practice of Cruz. allows the advising of clients in mergers, acquisitions, financing operations, shareholder agreements, technology transferences, investments and corporate restructuring, operations such as liquidations, recapitalizations, spin-offs and the incorporation of holding companies, as well as the preparation of legal feasibility reports, due diligence, proxy statements and other types of information required by public and/or government entities.

Foreign Investment

This area of service includes general advising and counsel to foreign companies interested in doing business in Chile or that are entering in joint ventures with companies or with the Government of Chile. Includes advising in the choice and/or creation of the structure of tax and legal planning that is most convenient according to the requirements clients have in order to perform their businesses. It also includes the preparation, presentation and follow-up of all the relevant documentation presented to the Foreign Investment Committee and the revision and execution of the

corresponding foreign investment contracts, the preparation of documents and applications for mandatory registrations in Chile before tax and municipal authorities, and the representation of foreign investors before the Chilean regulating agencies and the Chilean Central Bank.
The lawyers at Cruz have provided assistance in these matters to foreign governments and have also participated as advisors to the Foreign Investment Committee.

This area includes advising on general corporate and personal income taxes, sales taxes for companies, as well as Valued Added Tax (VAT), and property taxes. It also includes complete advising on the tax system applicable to merger and acquisition operations. Cruz represents its clients in obtaining special interpretations of rules, tax refunds and tax claims, and in trials pertaining to any of the previously mentioned issues before the Chilean Internal Revenue Service, the Appeals Court and the Supreme Court.

Los abogados de Cruz&Cía tienen una importante experiencia en la estructuración de adquisiciones de negocios, así como en la estructuración de sociedades y joint ventures tanto para clientes nacionales como extranjeros. Cruz&Cía Abogados también ofrece asesoría informando los efectos tributarios relacionados con la reestructuración de deuda y otras operaciones, tanto en un esquema de quiebra como fuera de él.

Bank Regulation

Cruz has assisted national and foreign financial institutions, on issues related to the creation and perfecting of bank and financial regulations. The firm has participated in the negotiation and materialization of mergers and acquisitions of societies linked to the area of banking, providing assistance on issues related to bank legislation, regulations, and the interpretations relative to the structure and operation of financial institutions. The legislative and regulatory developments that affect our clients are also monitored on a permanent basis.

Insolvencies, Bankruptcies and the Reorganization of Companies

Cruz  has vast experience in matters related to company insolvency and bankruptcy and all the aspects relative to the reorganization of its debts. The firm has represented a wide range of interests in bankruptcies and reorganizations, including creditor committees, secured lenders, bond holders, individual creditors as well as debtors. The lawyers at Cruz also deal with the rights of lien holders in bankruptcy cases, the treatment of executory contracts and unexpired leases, the purchase of assets at bankruptcy sales and the prosecution and defense of voidable transfer actions brought under the Bankruptcy Law.

E-commerce and Information Technology

Cruz is updated on all the legal issues related to the development of national and international e-commerce. The firm contributes directly in the study of bills of law, participating actively in the creation of a legal framework for the implementation of e-commerce in Chile.

This advisory involves the most varied areas of the law and the different technologies such as the implementation of a digital signature, protection to the privacy of data, registration of domain names, electronic contracts and consumer rights, projects of self-regulation, seals of trust, alternative systems for the resolution of conflicts, electronic government, responsibility of the ISPs, and cybercrimes.

The lawyers at Cruz are prepared to advise national and international issuers, investment banks, underwriters and stock brokerages, about the legal characteristics of the various investment instruments that can be traded in the stock markets for acquisition by Chilean entities, while also supporting them in the required processes for their registration, eventual risk qualification and public collocation.

Involves assisting in conflicts derived from eventual monopoly practices or illegal acts against free competition, including trials and claims in issues of price fixing, covenants not to compete, price discrimination and anticompetitive mergers and acquisitions.

Involves permanent assistance and counsel in all the legal and regulative matters pertaining to the labor law in Chile. This assistance includes the preparation of individual work contracts, both normal and specialized, as well as the structuring of severances and compensations. It also includes maintaining the client updated on the legal changes that take place in this area, the preparation of work contracts for foreign personnel and advice on provisional effects.

Cruz  services also embraces advice to companies on negotiations and transactions with unions and other worker organizations and assistance in strikes and other similar conflicts. Advice in collective negotiation is included and the representation both of companies and individuals in claims before the National Labor Relations Board (Dirección del Trabajo) and the courts of law in all its instances.

Industrial and Intellectual Property

Cruz has vast experience in the practice of issues regarding trademark and copyright, which includes counseling on the availability and designing trademarks and copyright maintenance programs, and assisting in corporate transactions involving these issues, especially in relation to the registration, vigilance and protection of commercial brands and copyright. This service also incorporates assistance in litigations related to trademarks and domain names in their different instances.


Chile is recognized as one of the most advanced and competitive countries in relation to the development of telecommunications, which has allowed the materialization of important investments on the part of transnational companies in recent years.

Given the above, Cruz. has specialized in this matter providing advice and broad legal support in bids for concessions, permits, licenses and authorizations for the operation and development of the different services that comprise telecommunications.

Involves the representation and defense of its clients in trials, mainly in civil, commercial, labor, tax, municipal and state responsibility issues. Cruz. has a well-developed specialization and vast experience in trials involving cases of compensations for damages, insurances, annulments of public rights, responsibilities derived from deficient construction, breach of contracts, protection orders against public organizations and institutions, claims of illegality against local authorities, arbitrations, executive trials, expropriation and representation in litigations before the local police courts.

Infrastructure, Real Estate Market and Municipal Law

Cruz. provides advice on bids or projects open to public bidding in each of its stages, both in corporate matters as in the construction and development of the works awarded. Likewise, the lawyers of Cruz&Cía. have solid experience in advising on the evaluation and development of real estate projects, in all the matters related to the General Law of Urban Development, regulatory plans, administrative presentation, expropriations, Law of Municipal Revenues, operating permits, decrees of closure, granting or rejection of licenses, and the placing of any jurisdictional actions that may correspond in these matters.

Los abogados de Cruz&Cía tienen una importante experiencia en la estructuración de adquisiciones de negocios, así como en la estructuración de sociedades y joint ventures tanto para clientes nacionales como extranjeros. Cruz&Cía Abogados también ofrece asesoría informando los efectos tributarios relacionados con la reestructuración de deuda y otras operaciones, tanto en un esquema de quiebra como fuera de él.

The lawyers at Cruz advise and represent different insurance companies, re-insurers and survivors, both national and international, in the areas related to marine, air, land and general insurances. This includes negotiations referred to judicial and extrajudicial recuperations and salvaging; legal reports; arbitration trials between insurance companies and beneficiaries; revisions of insurance policies and related contracts.

Renewable Energy Projects

In 2011 Cruz Abogados started its Renewable Energy department, providing legal advice to domestic and foreign companies in the development, financing, investment and sale of renewable energy projects (NCRE).  Cruz advises clients throughout the development of their projects on corporate matters and areas such as land rights, mining law, environmental law and electrical law.
Cruz  legal advice on renewable energy projects had grown considerably in recent years, primarily to technology providers; EPC contractors; developers and equity investors. regularly performs due diligence on NCRE projects on behalf of foreign investors.

Cruz lawyers regularly attend conferences on renewable energy matters and were lecturers in the seminar “Renewable Energies in Chile, Economical and Legal Framework” held by the Verband Geschlossene Fonds’ (VGF-Private Equity Funds Association) in September 2012 in Berlin, Germany.

Consumer Law and Products Liability