Bustamante Fabara

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Bustamante Fabara has a strong track record in domestic and foreign mergers and acquisitions, and regularly carries out due diligence on both the buyer and seller side. The department is ably led by María Rosa Fabara, José Rafael Bustamante Crespo, who ‘always has a strategy to solve a complicated situation’, and often leads the firm’s corporate transactional matters, and Juan Felipe Bustamante Crespo , who is a key name for cross-border work and is a key part of the group’s ability to assist foreign companies wishing to set up business in Ecuador. The trio are well supported by associate Kirina Gonzalez, who ’has vast knowledge and offers continuous support‘. The firm saw further growth in September 2022 with the arrival of senior associate Juan Bernando Guarderas.

Legal 500 Editorial commentary

Testimonials

Collated independently by Legal 500 research team.

  • 'Kirina Gonzalez works in a very coordinated way. They are always attentive and ready to meet the company's requirements regardless of deadline conditions or extraordinary situations.'
  • 'José Rafael Bustamante always has a strategy to solve a complicated situation. Kirina González has vast knowledge and gives continuous support.'

Key clients

  • Hapag Lloyd
  • Macquire Asset Management
  • Laboratorio Elea
  • Tiendas Industriales Asociadas
  • Pascal Universal
  • New Sea Development Services
  • Abako

Work highlights

  • Advising Hapag Lloyd on the execution of a binding agreement with SM SAAM to acquire 100% of the shares of SAAM Ports and SAAM Logistics.
  • Advised Pascal Universal, New Sea Development Services and Abako on the sale of 100% of the shares of Pacific Bank to Inversiones Atlantida.
  • Advising Macquarie Infrastructure Partners V on an agreement to purchase 50% of the shares of Colombian Odinsa, owner of airport concessionaires Opain and Corporación Quiport.

Lawyers

Leading associates
Rising stars with regular involvement in their team's key work, and recognition from peers or clients as being ones to watch.
Juan Bernardo Guarderas
Juan Bernardo is a senior associate at BUSTAMANTE FABARA and a member of the firm’s Corporate, Commercial, Finance, Banking, Capital Markets and Mergers & Acquisitions teams. He focuses his practice on finance, capital markets, corporate and banking matters. He advises multilateral, bilateral, national and international creditors, investors, debtors, borrowers, sellers and buyers in complex banking and finance operations, generally with mercantile, commercial, fiduciary, securities and regulatory components and collaterals. He has been involved in the most sophisticated financial and banking operations in Ecuador, including the first issuance of green, thematic and blue bonds in the country and the region. Before joining BUSTAMANTE FABARA, Juan Bernardo was an associate at a prestigious firm in Ecuador where he was part of banking, finance and M&A areas, focusing his practice and experience on advising clients with emphasis in corporate financing, senior, subordinated or guaranteed loans and financings, local or international issuances; as well as cross-border transactions with an emphasis on mergers and acquisitions, purchases, sales, and joint ventures, among other operations, in all business areas. Currently, Juan Bernardo works in the Banking and Finance department, advising and assisting clients in syndicated loans and bilateral loans, as well as in bond or share issuances in local and international capital markets, among other transactions of the Firm’s line of business. He also actively collaborates with in the M&A area, on local and international transactions, acquisitions, joint ventures, asset purchases, share purchase agreements (SPA), shareholder agreements (SHA), among other complex corporate matters. He has also developed and has extensive experience in tax and corporate structuring and advice to companies
Kirina González
Senior Associate
Leading partners
The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.
José Rafael Bustamante Crespo
Partner José Rafael hast experience in M&A activity in Ecuador. He has been one of the leaders of the department since 2010, structuring complex transactions that have set a precedent in the Ecuadorian jurisdiction. He has thorough experience in antitrust, having successfully cleared complex transactions that have resulted in market concentrations of over 90%. José Rafael´s main areas of practice include: Corporate Law, Mergers & Acquisitions, Antitrust Law, Project Financing and natural resources, including mining and oil & gas. Having vast experience in Antitrust Law, José Rafael advised AB InBev in the merger filing in Ecuador for the approval of one of the biggest worldwide M&A transactions, as part of AB InBev’s global acquisition of SABMiller. José Rafael is currently advising AB InBEv in the fulfillment of the commitments agreed with the Antitrust Authority in regards to the remedies imposed for the merger clearance for the global acquisition of SABMiller.  With extensive experience dealing with mining projects, José Rafael recently participated in the Fruta del Norte Project assisting Kinross Gold Corporation. Recently, he also represented and assisted Corporacion GPF, parent company of the biggest Ecuadorian retail pharmaceutical company, Fybeca, as well as Sana Sana, OkiDoki, Abefarm and Provefarma, in negotiations with the International Finance Corporation (IFC), member of the World Bank Group, in order to obtain a US$30 million loan for an Advanced Logistic Center that will enhance the company’s efficiency in all of their 634 stores throughout the country. José Rafael also advised ARCA (Mexican COCA COLA Bottling Company) in the acquisition of EBC (Ecuadorian COCA COLA Bottling Company), the biggest non-oil private business transaction in the Ecuadorian history.
María Rosa Fabara

Practice head

The lawyer(s) leading their teams.

José Rafael Bustamante Crespo, Juan Felipe Bustamante Crespo, María Rosa Fabara