Transaction Sourcing: To help clients identify business opportunities, Cape Horn can assist with Latin America strategy development, portfolio allocation and transaction sourcing. All transaction sourcing activities are conducted in strict confidentiality and in strict accordance with pre-agreed client search guidelines.
Transaction Structuring: The Firm can, working with local advisers if necessary, help create transaction structures which reflect client structuring objectives, are tax efficient and reduce transaction risk. Cape Horn can also assist with or lead due diligence.
Transaction Execution: To help clients realize opportunities, Cape Horn can help establish local entities, draft and negotiate preliminary and definitive documentation and oversee closing procedures. The Firm can also design corporate governance arrangements that are consistent with investor compliance and risk management requirements.
Asset Management:Following transaction closing, the Firm can monitor investment progress toward agreed commercial milestones, review documents that require investor approval and check compliance with legal documentation. Furthermore, the Firm can monitor country or local market conditions which may have a material impact on investment returns.
Foreign Advisory Firms
Market Review: The Firm can conduct country, industry, market and sector reviews to keep foreign advisory firms apprised of developments that affect their regional strategies or their clients' interests.
Market Disclosure: Many foreign advisory firms, such as law firms, are required to prepare or review disclosure regarding investment risk in Latin America, such as with the description of relevant risk factors in private or public securities offering documents. Cape Horn can prepare or review such disclosures or advise when events regarding the relevant firm or country in Latin America materially affect the disclosures.
Transaction Execution: Many foreign firms that are not based in Latin America regularly work on transactions in the region. Cape Horn can serve as the local team member of a foreign advisory group, act as an interface between foreign and local parties and assist in transaction execution.
Transaction Management: Following transaction closing, Cape Horn can assist in transaction oversight and monitor compliance with agreed commercial milestones and legal requirements. Similarly, Cape Horn can assist in the review of post-closing investment developments that may require foreign investor review and approval, including material commercial agreements, post-closing financial arrangements and board proposals.
Latin American Companies
Investor Search: The Firm can help Latin American companies in identifying potential foreign investors to provide alternative or additional sources of capital or to otherwise further commercial objectives. All searches are carried out in strict confidentiality and in strict accordance with pre-agreed search guidelines.
Investment Search: Working with overseas relationship partners, Cape Horn can help Latin American property companies, investors, pension funds, private equity funds and companies make investments outside of Latin America. All searches are carried out in strict confidentiality and in strict accordance with pre-agreed search guidelines.
Investment Presentation: The Firm can provide support with the structuring and presentation of opportunities to foreign investors, including the preparation of private placement memoranda. Similarly, Cape Horn can design risk management, compliance and other policies and procedures to facilitate compliance with foreign investment requirements.
Transaction Execution: In both inbound and outbound transactions, Cape Horn can provide support with all phases of the transaction execution process, including due diligence and the negotiation of preliminary and definitive documentation.