Mitrani Caballero & Ruiz Moreno is the firm of choice for many of the large industrial and export companies in Argentina’s agribusiness sector.

In this field, the Firm has developed unique expertise in dealing with local regulations (regulatory, antitrust, tax, customs and foreign trade) applicable over the acquisition, production and export of agro commodities and associated chemicals, which have led us to becoming also a counsel of choice for the Chamber of the Oil Industry and Export of Agro commodities in Argentina, usually known as CIARA and the Chamber of Exporters of the Republic of Argentina (CERA).

CIARA is a leading institution that represents the oilseed processing industry, which is the largest export complex in Argentina. This institution groups most of the vegetable oil and protein meal producers throughout the country. Most relevant members are Bunge, Cargill, Dreyfus, Molinos Río de la Plata, Cofco, Viterra, Aceitera General Deheza and Molinos Cañuelas.

The partners of the Firm have played a key role in the agribusiness sector over the last decades, including their advised to the Perez Companc family in the successful acquisition of Molinos Río de la Plata S.A. (“Molinos”) from Bunge Limited (“Bunge”) in 1999. Molinos (later Molinos Agro S.A.) is one of the largest agribusiness companies in Argentina, playing a leading role in the industrialization and export of agro commodities (soybean oil, sunflower oil, byproducts, biodiesel, etc.) as well as in the retail business where it leads most of the food categories (edible oil, flour, pasta, frozen food, etc).

The Firm has also become the counsel of choice for some of the other largest companies active in the sector, such as Bunge, Red Surcos, Dow, COFCO (all of which are among the largest worldwide companies in agribusiness) and to SIPCAM, BK Components, SoilOptix Inc., Agco Argentina S.A., Chañares, providing advice on general corporate legal matters; labor matters; data protection, IP and technology, compliance and crisis management, etc.

In addition, the Firm provides comprehensive labor legal assistance to Fábrica de Implementos Agrícolas Sociedad Anónima Industrial Comercial y Financiera (Fiasa); Agco Argentina S.A.; Robert Bosch Argentina Industrial SA and Bosch Rexroth Argentina Servicios SA.

Transactions and advice of the Firm in the Agribusiness Sector

As an example of the transactions and matters as regards of which the Firm regularly provides its assistance to company in the sector we can include, among others:

• The Firm assists Bunge Argentina S.A. (“Bunge”), in the negotiation and execution of several agreements with Vicentin SAIC, one of the largest oilseeds crushers of Argentina which filed for a preventive insolvency procedure in February 2020, in order to contribute funds to allow Vicentin to submit a debt restructuring proposal to its creditors in exchange for the potential acquisition of shares and/or assets of the company.
• Our firm provides daily legal advice to Bunge on commercial agreements, joint ventures, strategic alliances, and potential transactions (including, among the most recent matters, the evaluation of corporate and regulatory issues related to its participation in a financing mechanism implemented by government to secure reduced oil prices for the domestic market through a trust executed by both the public and the private sectors.
• The Firm assisted SIPCAM (local branch of a European company with over 70 years of experience in providing innovative solutions to agriculturists’ needs) with the drafting of a patent application and its first filing in Argentina. We are currently assisting the applicant in the filing of the corresponding extensions in different Latin American countries, Australia and United States.
• The Firm provided corporate and regulatory advice to Molinos Agro in connection with corporate matters and potential transactions, including, among others, the transfer of pewrmits, regulatory approvals and ownership of San Benito’s port facilities following the spin-off of Molinos Río de la Plata S.A.’s commodities business.
• The Firm provided advice to Agco Argentina S.A. on the dispute against one of its authorized dealers, regarding the enforcement of a mortgage for future credits.
• The Firm acted as Argentine counsel to major agricultural solutions provider UPL.
• The Firm assisted Chañares S.A. in connection with a tax-free reorganization involving two agricultural companies’ owners of two nut and almond farms located in the province of Río Negro.
• The Firm assisted BK Components S.A. (formerly BCK) developed a revolutionary support for spreading boom of an agricultural sprayer and sought protection in different jurisdictions.
• The Firm provided advise to CNH Industrial Argentina S.A. on distribution and commercial agency regulations in Latin America for integral review of contract management in the region.
• The Firm assisted NYSE-listed Union Acquisition Corp.’s share exchange with Bioceres, a leading Latin American agricultural biotech company.
• The Firm represented Red Surcos in its acquisition of a controlling stake in BH Biocombustibles, a biodiesel producer in the province of Santa Fe.
• The Firm assisted Kumbaru SAS in connection with a tax-free merger reorganization involving two agricultural companies owning two farms in an Argentine province dedicated to growing nut and almond trees.
• The Firm provided NIDERA BV (today, COFCO) assistance in the merger control clearance in Argentina regarding acquisition by Syngenta Crop Protection AG of Nidera’s seed business.
• The Firm assisted MSU Group, one the largest farm operators in Argentina, in its association with Stichting Pensioenfonds ABP, a pension fund organized and existing under the laws of The Netherlands.
• Partners of the Firm assisted Molinos Rio de la Plata S.A. on a spin off process through which its business related to the crushing and commercialization of seeds and oilseeds was splitted and merged into Molinos Agro S.A.
• Partners of the Firm advised Bunge in the acquisition -together with a local minority partner- of Mosaic’s local fertilizer business in Argentina, including the assets transfer transaction of the so-called Quebracho Plant and port facilities.
• Partners of the Firm assisted Dow Agrosciences B.V. in the sale of Forratec Argentina S.A. to Semillas Don Mario and the refinancing of its debt.
• Partners of the Firm assisted Huapont-Nutrichem, CO. in connection with the Argentine legal matters relating to their indirect investment in Atanor S.C.A., one of the largest agrochemicals producer in Argentina, through the acquisition of a 20% equity interest in its parent company, Albaugh, LLC.
• Partners of the Firm advised Molinos Rio de la Plata S.A. in the sale of its participation interest in Renova S.A.’s soya processing plant to Oleaginosa Moreno Hermanos (Argentine subsidiary of Swiss Glencore Xstrata) and Vicentín Group.
• Partners of the Firm advised Molinos in its acquisition of Sipco Asesorías e Inversiones Ltda., controlling company of Frigorífico O’Higgins S.A., Agrícola El Monte S.A. and Agrícola Ganadera Chillán Viejo S.A., among others, companies dedicated to pork production in Chile.
• Partners of the Firm advised Molinos Rio de la Plata in the acquisition of 25% of the capital stock of Emulgrain S.A., soy and sunflower Lecithin producer and supplier in Argentina.
• Partners of the Firm advised Becker Underwood, a company which creates and produces specialty bio-agronomic and colorant products with a broad range of applications worldwide, in the acquisition of an inoculant facility in Argentina and the setting up of a strategic alliance with Red Surcos, one of the leading companies in the Argentine phytosanitary market.
• Partners of the Firm advised Bunge in its acquisition of Petrobras Energía’s fertilizer production, commercialization and distribution business in Argentina.