Bertha has been with Arias since 2003, becoming a partner in 2005. Ranked as a leading lawyer by Chambers & Partners, she has coordinated and advised in the opening and acquisition of several banks and financial institutions in Nicaragua, as well as acting as counsel in restructuring, regulatory and compliance matters. She has also advised on both local and international corporations in financing and investment transactions as well as security structuring in the country and the Central American region. Bertha has also served as legal advisor to local companies and foreign entities looking to invest in Nicaragua.
Her practices focuses on banking, financial and insurance law, regularly advising investors and foreign institutions on supervisory and compliance regulations of supervised institutions in Nicaragua, she has been a member of the board of a financial institution since 2016, as well as it’s risk and compliance committees, representing client interests and contributing to strengthening the entity’s presence nationwide. She likewise advises clients on complex financing arrangements and security structures for both regulated and non-regulated entities. Bertha´s experience also includes working in Arias’ expanding labor department, advising clients on diverse employment matters, as well as general management and corporate solutions.
She has a Law degree from the Universidad Autonoma de Centro America in San José, Costa Rica and is authorized to practice law and as a Notary Public in Costa Rica and Nicaragua, se also has a Master in Law degree from Harvard University School of Law.
Represented client FMO in its granting of a long-term CAPEX of U$10,000,000 to Comercial International Exportadora S.A. (CISA):
Arias assisted FMO in the granting of a long-term CAPEX facility to COMERCIAL INTERNACIONAL EXPORTADORA S.A. (CISA), the leading coffee export company in the country, destined to the expansion of coffee processing facilities in Nicaragua, as part of a modernization plan of the company´s infrastructure. As Nicaraguan counsel, Arias coordinated work for this jurisdiction and, also assisted with preparation of documentation from US and Dutch guarantor group companies. Our team advised on the loan documentation and structuring of securities, as well as debt subordination arrangements
Represented client FMO in its granting of a long-term facility agreement funded by MASSIF of U$5,000,000 to Mercapital de Nicaragua
a micro-finance regulated entity, destined to build a portfolio with long and short-term loans to Arabica and Robusta coffee farmers for purposes such as farm renovation & new plantings, to cover labor costs and farm inputs. Financing is expected to benefit 3,000 small growers, enabling the, to achieve their long-term farm objectives of increased production & yields, improved climate resilience and stabilized earnings from the farms in impoverished regions of Nicaragua. As Nicaraguan counsel, Arias coordinated work for this jurisdiction and, also assisted with preparation of documentation from US and Dutch guarantor group companies.
Represented client DEG in the structuring, security package and granting of a long –term debt of DEG for Investments into Sugarcane.
Arias assisted DEG (DEG also acting as agent of the financing with its strategic partners EFP, FMO and Proparco) in the structuring, security package and granting of a long-term debt of DEG for investments into sugarcane plantations, sugar mill and refinancing of existing short-term debt in order to improve the company's balance sheet by better matching the tenor of its assets and liabilities. Matter Value: US$75,000,000.00
Bertha Represented client Banco Lafise Bancentro S.A. in its sale, assignment, transfer, and conveyance of all of its Diversified Payment Rights and all collections thereunder to a Cayman Islands entity, as well as an issuance of bonds with the participation of Bank of New York Mellon, as program agent.
Arias acted as Nicaraguan counsel to Lafise in the sale, assignment, transfer, and conveyance of all of its Diversified Payment Rights and all collections thereunder to a Cayman Islands entity, as well as an issuance of bonds with the participation of Bank of New York Mellon, as program agent. Arias likewise advised the bank on a loan to be granted by Credit Suisse AG, Cayman Islands Branch, together with other financial entities, destined to financing Nicaraguan exporters. The Firm´s role included not only advising on the financial structure of the transaction, but most importantly on local banking and supervisory regulations, coordination with the Nicaraguan financial regulator and ensuring compliance of local laws, validity and enforceability of the transaction. This transaction is particularly relevant, as it is the first of its kind in Nicaragua, opening possibilities to diverse and innovative financing structures to local entities. Total amopunt: US$125,000,000.00
Hogan Lovells, NY; and Mayer Brown, Ny were counsel to Lafise and counsel to credit Suisse.