Rosario Fernández – GC Powerlist
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Chile 2024

Financials

Rosario Fernández

Legal coordinator | Nuveen Natural Capital

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Chile 2024

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Rosario Fernández

Legal coordinator | Nuveen Natural Capital

How do you approach managing legal aspects during periods of instability or crises, and how does your legal strategy align with the broader business strategy to ensure the organisation’s resilience?

First and foremost is always the protection of our investors. That said, I think something that I put effort into is understanding that we cannot control everything. Being aware of that can be powerful when managing risks, allowing me to get ahead and be prepared to eliminate, mitigate or assume them. Having that mindset opens windows for creativity in the managing process that can help getting a specific result through different paths so, when raising the information and recommendations according to current legislation, internal policies, and previous experiences, the best choice can be made.

Instability is quite normal, and I think it is essential to have a shared action plan that allows us to follow a known direction to not get detoured by obstacles that might appear. Having a common plan also allows the general counsel to confidently guide third parties and external advisors to what is relevant for the company and the business.

When we communicate within the areas it is easier to align with the broader business strategy because we can be sure we are based on the same principle and mission, which is fulfilled by studied and deeply conscious investments.

What measures has your company taken to embed sustainability practices into its core business operations, and how does the role of the general counsel contribute to driving and ensuring sustainable practices within the company?

Our company is deeply invested in sustainability, it is part of its mission and responsibility to the planet and investors. This is why we have strict zero deforestation policies, environmental technical due diligence, pursue opportunities to use renewable energies, invest in projects that protect and promote the population of pollinating insects, like bees; we get involved with the communities and always consider our impact when making decisions. Also, we allocate funds for specific and direct aid projects, with real impact.

As the legal coordinator I put special efforts in being current with the new regulations, this is why I decided to include an environmental dimension to our legal due diligence and proposed the implementation of an environmental review of previously purchased farms. I also participate in the selection and development of projects focused on improving the quality of life of the communities surrounding our investments.

In your opinion, what are the main trends that are salient in your country currently (these can be legal, political, economy or business-based)?

These last few years I have noticed an increase in the proportion of projects financed through foreign entities such as funds and banks, as well as bond issuance to foreign investors. The foregoing because currently the benefits, rates, and more rise besides the traditional financing through national banks, even taking into account the cost of executing this type of complex operations. In the same lines I also see an interest in financing internally within the groups through foreign companies registered as FFIs, since these companies are financed in turn by offshore funds and banks.

Another trend that is gaining strength is the incorporation of foreign actors in traditionally Chilean areas, such as agriculture, where considerable portions of companies have been acquired by foreign stakeholders, maintaining local management, but establishing their policies and protocols. This new tendency has labor and environmental impact (to mention one) and in general, raised the standards in a field that has historically been informal.

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