Regulatory Alerts2018-03-12
Added · Updated
Law No. 30737 on the Payment of Civil Reparation in Favor of the Peruvian State
This law establishes measures to ensure the immediate payment of civil reparation to the Peruvian State in cases of corruption and related crimes. It applies to legal entities condemned for such crimes, whose representatives were condemned, or who admitted such crimes, as well as linked entities (e.g., those owning more than ten percent of capital). Key measures include suspending transfers of capital, dividends, and royalties abroad; requiring a specific procedure and deposit into a Retention and Reparation Trust for the acquisition of assets from affected entities; and mandating State entities to retain up to ten percent of net profit margin from payments to affected entities or consortia they participate in. The law also provides for the establishment of a trust to collect and manage these funds, and for preventive annotations in public registries on assets belonging to the affected entities, with dations in payment of non-financial movable goods to micro, small, and medium-sized enterprises being exempt if their total value does not exceed 100 UIT and obligations pre-date Urgent Decree 003-2017.
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