M. Yolanda Pereira Z. is a lawyer with Berkemeyer Attorneys & Counselors practicing in the following areas:
Mergers & Acquisitions and Foreign Investment: Advising on the negotiation of stock purchase agreements, drafting and revising agreements, review of tax aspects, due diligence, closing. Advising on investment transactions in various sectors, including real estate, forestry, biofuels, free zones.
Business and Corporate Law: Advising clients on company and branch incorporation and not-for-profit associations, company contracts, agency and distribution, production and sub-contracting contracts, advertising, competition, international trade, international financial loan operations, guarantees, taxation.
Administrative Law: Advising on regulatory issues in the telecommunications, energy, oil and gas, and water supply sectors, advising and preparing contractors’ documents for the submission of tenders, assist in drafting and revising tender documents, review of legal framework and prepare draft legislation, advising on and securing government licenses.
Natural Resources and Environmental Law: Advising on regulatory issues pertaining to industrial and business activities, transport and navigation, agriculture and cattle, forestry, water, mining, energy, environmental due diligence, environmental liability, and environmental issues in transactions, carbon market and projects.
The following is a representative list of the work performed in these areas:
- Assisting US companies on aircraft sales, purchase contracts, security and guarantees, customs matters.
- Advising a Canadian telecommunications company on tax matters.
- Leading a team advising a mining company on energy issues, encompassing legislative, regulatory, technical and contractual issues, as well as environmental compliance and social aspects of proposed project.
- Assisting a US client on the management of landholdings, encompassing contractual and employment matters, designation of protected areas, environmental issues.
- Member of a team of lawyers advising a US biotechnology company on corporate matters and environmental compliance, legislation and regulatory matters.
- Advised European reinsurers on insurance and reinsurance claims.
- Led a team assisting a Brazilian multinational in the oil and gas sector on legal compliance for environmental and occupational health and safety certifications.
- Participated in a team advising a US multinational in the food additive sector in the acquisition of a local business. Work involved pre-closing due diligence, documentation, and legal support regarding permitting, environmental and occupational health issues.
- Participated in a team advising a Spanish multinational in the insurance sector in the acquisition of an insurance company and subsequent merger. Work involved pre-closing due diligence.
- Advised a US company regarding export of used agricultural machinery, including regulatory, customs and tax issues.
- Led a team advising a US brewer on contractual, distribution and international employment matters.
- Participated in a team advising a US pharmaceutical corporation in the acquisition of a local company manufacturing and distributing animal health products, including pre- and post-closing due diligence.
- Participated in a team advising a US beverage corporation in the acquisition of a bottling business and distribution operation, including pre- and post-closing due diligence. Advised client during closing of the transaction in the US. Advised client in the acquisition of minority shares, reviewing purchase agreement and related notices and contracts, assisted in closing in one of the largest operations of its kind in the country.
- Member of a team of lawyers counseling one of the largest business groups in Paraguay on a cross-border energy project. Work involved preparing a review of policy issues, legal and regulatory aspects, taxation, investment and financing structures. Planned and developed the documentary basis for the project at the national, regional and multilateral levels. Individually responsible for the chapters on Environment, Competition, and Anti-corruption regulations. Contributed to the chapters on Oil, Gas and Electricity Sector Regulations, Property Rights, Government Procurement and Concessions. Contributed to the drafting and revision of proposed legislation for the energy sector.
- Participated in a team advising one of the largest business groups in Paraguay on the participation of the private sector in telecoms, privatization matters, financial transactions and corporate structuring.
- Advised a Canadian telecommunications corporation regarding regulatory compliance and standards, securing certification of telecommunications products, incorporating a local company and counseling on legal matters of the local company.
- Advised an UK high-technology company participating in a municipal bid for the supply and installation of a traffic signal controller system.
- Procurement counsel for a Brazilian corporation providing consultancy services in the area of justice to the Paraguayan Government. Work involved reviewing consultancy contract and advising course of action, meeting with Government officials, developing draft tender documents for procurement of goods and for consultancy services.
- Legal consultant of a team of advisers to the National Congress on the Framework Law on Water Supply and Sewage under IADB Contract ATN/MT-4865-PR, work involved assisting Congressional Commissions regarding scope of the legal framework, providing commentaries and participating as speaker in a water supply sector seminar.
- Member of a team of lawyers working on surveys of the World Bank: “Doing Business in 2004: Understanding Regulation”; “Doing Business in 2005: Obstacles to Growth”; “Doing Business in 2006: Creating Jobs”; updating surveys for “Doing Business 2008”. Work involved a survey and an assessment of the following areas: Insolvency, Secured Transactions, Labor Regulations, Comparative Litigation, Entry Regulation, Construction Law, Closing a Business, Getting Credit (Legal Rights). Individually responsible for the work on Secured Transactions and updates, contributed extensively to the Insolvency project and reviewed the work on Comparative Litigation.
- Coordinated a team of lawyers to do a report on the legal framework for international trade for the Spanish Chamber of Commerce. Work involved a review of company law, financial and banking regulations, exchange controls, customs regulations, taxation, labor and intellectual property law. Individually responsible for the chapters on financial and banking regulations, exchange controls, customs regulations and taxation, and for reviewing the complete report. Subsequently advised Spanish trade mission members visiting Paraguay.
- Led a team advising a US bank regarding Eximbank loan operations, providing legal opinion and local representation of lender in transaction.
- Advised a US financial corporation regarding cross-border secured transactions, including regulatory and tax issues, drafting contracts and guarantees, representation of lender in transactions, supervision of notarization and registration of security.
- Advising US and European financial and insurance entities regarding banking, securities and insurance regulatory matters, employment matters, registration.
- Participated in a team advising British insurance underwriters regarding a loss suffered in Paraguay and a $60 million lawsuit filed in New York. Work with an English law firm specializing in insurance cases. Revising and drafting of documents in connection with the lawsuit.
- Participated in a team of lawyers advising a US biotechnology company on policy and legal aspects of biotechnology in Paraguay, contractual matters and agreements with government entities.
- Advised a major US credit card company regarding claims in Paraguay, and advertising and promotional issues.
- Led a team advising a Brazilian company regarding sub-contracting under in-bond program (maquila program), transfer pricing and taxation aspects.
- Advised various individuals and corporations on investment transactions in real estate, forestry, and business sector.
- Advised various companies regarding license agreements and franchise agreements for food and consumer product manufacturers and service companies.
- Advised a US pharmaceutical corporation on environmental aspects of a real estate transaction, reviewed site assessment, advised and drafted sale contract.
- Environment counsel for a US beverage corporation with business in Paraguay. Work involved counseling client on a judicial case involving solid waste, on compliance to seek environmental certification developing matrix and identifying pertinent regulations, and on compliance with health and safety regulations. Work encompassed advising client on Government relations, particularly on developing legislation for matters affecting the industry sector, considering implications and recommending course of action, and advising on community relations, considering implications and recommending course of action.
- Advised various groups developing biofuel industries on emission trading under the Kyoto Protocol. Advised non-profit on emission trading on a landfill project, developed memorandum of understanding for prospective parties.
- Advised a local subsidiary of a major UK mining group on environmental issues regarding navigation, monitoring environmental legislation in the sector.
- Worked for a local non-profit organization conducting training on environmental legislation, counseling on environmental easements.
Environmental & Occupational Health and Safety Consultancies
As a Registered Environmental Consultant led a team preparing site assessments to apply for or renew environmental licenses of various industries and services.
Advised companies on legal compliance for ISO 14000 and OHSAS 18000 certifications.
- As a Compliance & Risks Data Partner contributed environmental articles in the daily alert newsletter Alert from C2P, 2010-11 (daily alert not available on site)
- Getting the Deal Through – Anti-Corruption Regulation – Paraguay Chapter, published by Law Business Research Ltd., Official Research Partner of the International Bar Association, Prague, April 2009 (article listed but not available)
- Paraguay: Energy Issues, published in the Latin American Forum Newsletter, International Bar Association, Buenos Aires, October 2008 (paper only)
- Government Procurement Law, Latin American Legal Developments, published in the bulletin of the Inter-American Law Committee, Section of International Law and Practice, American Bar Association, 2004 (paper only)
- The legal framework of telecoms in Paraguay, edited in the International Telecoms Review 2000, Euromoney Institutional Investor Publication (paper only)
EducationInstitute of Languages, National University of Asunción, 1973-1975. Degree obtained: Major in English Language.Faculty of Law and Social Sciences, National University of Asunción, 1987-1994. Degree obtained: Lawyer.Course on Juridical Sciences, Catholic University of Asunción, 1996-1998.Specialization Course in Environmental Assessment and Management, School of Post Graduate Studies of the National University of Asunción, 360 hours, 1999. Degree obtained: Specialist in Environmental Assessment and Management.