INDECOPI recently sanctioned a company[1] and its General Manager for including an abusive clause in the Privacy Policy of its website, considering it contrary to the principle of consent of the Personal Data Protection Law (LPDP). Double jeopardy: With this precedent, both the Data Protection Authority [...]

Overtime is the time worked—before the start time or after the end time—that exceeds the daily work schedule. The particular characteristic is that the provision of overtime services must be voluntary, except in the case of a fortuitous event or [...]

Article 179 of the General Companies Law (hereinafter, the "LGS") regulates the possibility of a company entering into contracts with its directors. This provision is very important because it regulates the circumstances under which a company may enter into contracts with its own directors, taking into account that the Board of Directors [...]

Law No. 32130, which partially modifies the Code of Criminal Procedure, was published today. This law introduces substantial changes to the conduct of investigations, such as the following: Conduct of the preliminary investigation: The Peruvian National Police (PNP) is given a leading role [...]

General Rule on Dividend Distribution: Article 40 of the General Companies Law (hereinafter, the "LGS") states that the distribution of profits can only be made on the basis of the Company's Financial Statements prepared (i) at the end of a given period or (ii) on the date of [...]

On September 23, 2024, the Superintendency of Banking, Insurance, and Pension Fund Administrators (SBS) approved the guidelines for Peru's Public-Private Financial Information Exchange Mechanism (MEPIF). The objective of MEPIF is to establish a secure and effective information exchange mechanism between the public and private sectors.

Regulatory assumption: One of the causes for dissolution contemplated in our LGS is that detailed in section 4) of article 407 of the General Law of Companies ("LGS"), which states that a Company is dissolved when there are: "losses that reduce the net worth to an amount less than [...]

In Peru, to form a company, at least two people are required, who may be individuals or legal entities. This requirement must be maintained throughout the company's existence. In the event that the company loses the minimum plurality of shareholders, [...]

Regulation of the General Companies Law ("LGS"): According to article 220 of the LGS, the reduction of capital will be mandatory when the following two situations occur: When the losses have decreased the capital of the company by more than fifty percent (50%) and, A fiscal year has elapsed [...]