(Pontificia Universidad Católica del Perú, 2024-11-19) Flores Segura, Marta
This paper analyses the role that sustainability plays in corporate restructuring operations carried out in the context of insolvency proceedings. To this end, the debate on the purposes of insolvency proceedings and their stakeholders is revisited. In relation to this issue, the latest international trends in insolvency law are analyzed in detail and a theoretical approach to the admissibility and appropriateness of the consideration of sustainability-based interests in insolvency proceedings and the impact this may have on the interests of creditors is discussed.
(Pontificia Universidad Católica del Perú, 2024-11-19) Quijano González, Jesús
The need to promote and protect general interests subject to increasing threats, for which the collaboration of companies is essential, is leading to a change in trend in the configuration of the purpose of commercial companies, especially larger ones. From the traditional conception of companies as manifestations of the right of association for economic purposes, among which the obtaining of profit and its distribution among the partners appeared as a natural purpose, there has been an evolution towards a way of understanding the social interest in combination with other interests, such as the protection of the environment, the promotion of human rights or the implementation of participatory, gender-balanced governance models with more effective accounting and management control methods.Historically, this approach has been followed by the definition of corporate social responsibility commitments, and more recently by the requirement to provide formalized non-financial information that would allow the assessment of these commitments. At present, ESG sustainability objectives (environment, social issues, governance) are practically an obligation that companies must assume, providing regular information on their level of involvement in promoting these objectives. European initiatives in the field of sustainability, as well as in due diligence and gender balance, are expressions of particular interest in this new approach.
(Pontificia Universidad Católica del Perú, 2024-11-19) Fernández, Mercedes; Wong, Claudia
In this article, the authors explain the different sustainable financing alternatives that are being developed in Peru (i.e. green, social and sustainable bonds), as well as the main components of the carbon certificates market. The article also details some of the benefits that can be obtained through sustainable finance. Finally, the authors describe the challenges faced by Peruvian companies in terms of sustainability, as they have to implement several measures established by the European Union and the Securities and Exchange Commission, without having tax incentives or other promotional measures for the development of sustainable projects in Peru.
