looking for a solicitor

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t100
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looking for a solicitor

Postby t100 » Fri Oct 24, 2014 5:38 pm

Hi I am about to marry my Peruvian girlfriend in the UK in December (if she gets her visa). After which we are returning to Peru. When we return I’m planning to invest in some land to open a small posada / Hotel. The thing is I know nothing about the legal side of this. So could anyone recommend, or know how I would find a trust worth and reliable solicitor at a reasonable price. I know this is a lot to ask in any country. So any advice on where to begin would be great thank you.


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Re: looking for a solicitor

Postby Lloyd007 » Sat Oct 25, 2014 12:35 pm

Firstly, why are you getting married in the UK, only to return to Peru?

Anyway, save yourself some hassle and a lot of paperwork and get married here, bringing your documents and stuff to Lima. You will need to get your residence in Peru so you can legally sign contracts, open a bank account and do what you need to do financially. See info on this link:

http://theultimateperulist.blogspot.com/

As for legal advice, you could try going direct to a Notaria in Lima, which is much better than some lawyer who probably doesn't know everything he/she should anyway, and will leave you second guessing many things. Typical here.

I hope that helps a bit.
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Re: looking for a solicitor

Postby danjaker » Sat Oct 25, 2014 12:51 pm

I have friends here who have opened their own businesses, expats and citizens, and have friends within the government. Feel free to send me a private message or reply with your email, Ill get in touch.
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chi chi
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Re: looking for a solicitor

Postby chi chi » Sat Oct 25, 2014 12:56 pm

Lloyd007 wrote:As for legal advice, you could try going direct to a Notaria in Lima, which is much better than some lawyer who probably doesn't know everything he/she should anyway, and will leave you second guessing many things. Typical here.

I hope that helps a bit.


SUNAT and the office that issues businesslicences at la municipalidad can also give you a lot of information.

Avoid talking to a lawyer. Lawyers charge you money for information that you can get elswhere for free.
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Re: looking for a solicitor

Postby Lloyd007 » Sat Oct 25, 2014 10:05 pm

Excellent advice from Chi Chi.
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fanning
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Re: looking for a solicitor

Postby fanning » Sun Oct 26, 2014 12:06 am

What I can really recommend is to get a subscription whit a company like Caballero Bustamante or Asesor Empresarial. We are with the latter, it costs S/. 750 a year, and they send you daily a email with all the new laws, 2 weekly a magazine, like 4 or 5 books a year, calendars of laboral and tributary. You can call them with questions, and they have seminars. I go there almost every month, it costs S/. 118 and handles subjects like labor law, contabilidad, tributary etc. They are 2 day courses from 18.30 - 22.00
These courses will help you a lot in understanding how to do business in Peru.

Also when you are subscribed you have access to their website in which you can find all their articles, modelos of contracts etc.

We used to be with Caballero Bustamante, but their seminars are expensive, and their subscription increased to almost S/. 1500, so we switched to Asesor Empresarial.

If you are in the hotel business it is also worth to get into contact with Ahora ( http://www.ahora-peru.com) You can call them and a specialized lawyer comes to your place to discuss specific items.
But that is worth more when you actually are operating.

My strong advice would be to do things from the beginning according to the laws, because you will avoid many multas, headaches etc. In Peru you can do many things not correctly, but the system basically works as follows: You must, with paperwork, always later on be able to proof you did EVERYTHING according to the rules. You can do many things NOT according to the rules and maybe nobody finds out, or complains. But once you are in the system you MUST be able to PROOF ON PAPER anything you did.
Else the system will 'presume' you did it wrong on purpose, and are subject to multas, interest payments, and more fiscalitations.
Mark my words, the word PRESUME will come back many times once you run your business in Peru !
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Re: looking for a solicitor

Postby teamoperu » Sun Oct 26, 2014 11:00 am

Lloyd007 wrote:Excellent advice from Chi Chi.


No, it is not. You can get variable answers from staff in various offices. Maybe OK for some things, maybe not for others, especially complex matters. Office staff are not really looking after your interests, you pay a lawyer to do that. Sometimes being cheap ends up costing you more in the long term. It really depends on the person (how good is your Spanish?) and whether spending a few dollars makes sense in the context of what you are doing and the consequences if you do it wrong. Fanming's advice makes more sense and is excellent advice.
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chi chi
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Re: looking for a solicitor

Postby chi chi » Sun Oct 26, 2014 11:14 am

teamoperu wrote:
Lloyd007 wrote:Excellent advice from Chi Chi.


No, it is not. You can get variable answers from staff in various offices. Maybe OK for some things, maybe not for others, especially complex matters. Office staff are not really looking after your interests, you pay a lawyer to do that.


Office staff at SUNAT and the Municipalidad that issue business licences really look after your interests.
A lawyers is only interested in getting as much money as possible out of your pocket.

My gf and I had business in Lima and the people at SUNAT and the Municipalidad gave us all the information we needed.
Cut out the middleman. Avoid a lawyer.
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Re: looking for a solicitor

Postby teamoperu » Sun Oct 26, 2014 3:57 pm

chi chi wrote:
teamoperu wrote:
Lloyd007 wrote:Excellent advice from Chi Chi.


No, it is not. You can get variable answers from staff in various offices. Maybe OK for some things, maybe not for others, especially complex matters. Office staff are not really looking after your interests, you pay a lawyer to do that.


Office staff at SUNAT and the Municipalidad that issue business licences really look after your interests.
A lawyers is only interested in getting as much money as possible out of your pocket.

My gf and I had business in Lima and the people at SUNAT and the Municipalidad gave us all the information we needed.
Cut out the middleman. Avoid a lawyer.


"Office staff at SUNAT and the Municipalidad that issue business licences really look after your interests." No, they look after the interests of SUNAT and the municipality, the regulations. They are helpful, but not there to look after your interests.

"A lawyers is only interested in getting as much money as possible out of your pocket." Only? Get a grip. This is an untrue overly generalized statement. The legal system works a little different here, but here is where the OP wants to start a small posada. Hence fanning's advice is way better than yours.
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chi chi
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Re: looking for a solicitor

Postby chi chi » Sun Oct 26, 2014 4:23 pm

teamoperu wrote:The legal system works a little different here, but here is where the OP wants to start a small posada. Hence fanning's advice is way better than yours.


Fanning runs a luxury hotel in Miraflores. The OP wants to run a hostel with a few rooms in the provinces. There's a big difference when it comes to regulations.
In the provinces they aren't that nitty gritty like the municipalidad in Miraflores.
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Re: looking for a solicitor

Postby fanning » Sun Oct 26, 2014 7:18 pm

chi chi wrote:
teamoperu wrote:The legal system works a little different here, but here is where the OP wants to start a small posada. Hence fanning's advice is way better than yours.


Fanning runs a luxury hotel in Miraflores. The OP wants to run a hostel with a few rooms in the provinces. There's a big difference when it comes to regulations.
In the provinces they aren't that nitty gritty like the municipalidad in Miraflores.


Well the luxury hotel is just a 2 star pretending to be 3 star hotel ( our bathrooms are just too small to be able to qualify as a 3 star hotel )
And regulations and laws are applicable to all businesses. Maybe in the provinces there are more blind eyes, but that doesn't mean that the law don't apply.
If you want to gamble on the blind eye of the authorities you won't need any legal advice to begin with, be it from a lawyer, Sunat or Asesor magazine.
The OP specifically is looking for legal advice so I suppose he tries to be legal, and as we all know that is very difficult because the laws and interpretations of the rules are not very clear, so I try pointing him in the right direction.
And I am sure that even in the provinces once you run your hostel breaking the rules, somebody WILL find out after some years, and will try to take advantage of that, be it asking for bribes, or simply do a fiscalization. Specially if you are a foreigner, because they will assume you have money..
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Re: looking for a solicitor

Postby t100 » Mon Oct 27, 2014 12:43 pm

Thank you all for your advice. It is good to hear from every one so I can make my decisions.

Firstly I’m getting married in the UK because not ever thing is about the paper work.

Also I should of said. That my Spanish is getting better, but not good enough get my advice in the local offices. My girlfriend could translate but she has her own work. As this is my project I would like to find out the info first hand. As I plan to buy the land or property I believe I will need a lawyer to help complete with the contracts. Also as Fanning said I would like to start doing things the correct way. If anyone has details of a bilingual lawyer in Lima that would be great. Thank you.

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