Kerlyn Rosario Toscano Villena – GC Powerlist
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Peru 2024

Financials

Kerlyn Rosario Toscano Villena

Legal manager | Core Capital Sociedad Administradora de Fondos

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Peru 2024

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Kerlyn Rosario Toscano Villena

Legal manager | Core Capital Sociedad Administradora de Fondos

Team size: Six (three senior lawyers, two legal assistants, and one compliance officer)

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 organization’s resilience?

I have been leading the Legal and Compliance Department of Core Capital since September 2021. During this time, despite periods of political and economic instability, we have successfully faced changes in the business model and experienced a significant increase in funds, going from managing four to 14 investment funds.

At Core Capital, we have specialised in financing real estate projects in Peru; however, the crisis led the business to adapt to the new needs of investors. This is how SABBI was born, a business line of the company which we accompanied during its design and creation process. It has involved the corporate design of a Fintech, the legal structuring to invest in international investment funds managed by Blackrock, Schroder, and others, as well as the screening and eligibility process for these investments. All of this was new to us; however, we were able to do it thanks to our learning attitude and resilience before trial and error.

Likewise, despite the crisis, the company was able to successfully close three of their investments, achieving a profitability of up to 12.1% in dollars. Our legal support related to the renegotiation of contracts and even the execution of guarantees was a key factor in achieving this goal.

Additionally, we have mitigated the country risk by financing real estate projects in the US. This goal was only possible with a solid legal structure that was developed by our team. It was a highly challenging task that required us to have knowledge of US corporate and tax regulations. The two investment funds that finance real estate projects in the US are the result of this complex work.

As mentioned above, during this time of crisis, our department has consolidated as a strategic partner of the business areas because we know how to adapt to the business needs according to Peruvian and US regulations. We respond quickly, sustainably, and with an open-minded approach to each of its innovation projects.

What emerging technologies do you see as having the most significant impact on the legal profession in the near future, and how do you stay updated on these developments?

I believe that all legal departments should prepare internal processes that enable them to address business demands efficiently. Additionally, they should leverage technology as an ally to support their daily tasks. For this reason, our department has developed a Policies and Procedures Handbook. In this document, we have established procedures that each member of our team should follow to complete certain or recurrent tasks. For example, steps to create an LLC, investment funds, among others, are outlined. These procedures reduce the margin of error in tasks and streamline the process for employees.
It is important to note that our Legal Department has improved the automation of recurrent contracts and other legal documents using macros. Additionally, we use artificial intelligence to provide general guidance on new contract models or basic knowledge of foreign legislation, which is verified or contrasted with our legal advisors in Peru or the US. Moreover, we have implemented tools for prioritisation and monitoring of tasks, such as Todoist, as well as the use electronic signatures for contracts or other legal documents through Keynua.

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?

Core Capital provides financial advice for real estate, aiming to generate a positive impact by enabling different families to have the opportunity to access homes. As an example, we offer Investment Funds that invest in real estate projects with Edge certification. These projects incorporate sustainable practices, including a 20% reduction in energy consumption through the use of lighting with sensors for common areas, among other measures. Additionally, they achieve a 20% reduction in water consumption through the installation of taps with low-consumption sanitary appliances and water-saving technology, among other initiatives.

Finally, it should be noted that Core Capital has always been concerned with orderly growth. In this regard, we are members of ASEI, an association that launched a programme to improve school infrastructure. Likewise, we are members of Procapitales and ASCLA, through which we disseminate good corporate governance practices.

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