Gabriela Roitburd
The law covers entities incorporated either permanently or temporarily in Brazil, and includes both local and foreign companies. The statute of limitations for violations of the law is five years.
Gabriel Rios Corrêa and Juliana Carvalho de Azevedo
On August 1st, 2013, pressured by the street demonstrations that broke out in June, the National Congress passed Federal law 12.846/13, which has become known as the Brazilian anti-corruption act.
Maria Carolina La Motta Araújo and Dmitrii Lenzi Petrovich
The law 6.404/76 lists the characteristics of a joint-stock company, with its obligations and peculiarities. According to this law, a joint stock company must have four organs, of deliberative or executive natures, and it may have a fourth organ, as presented below.
Paulo Eduardo Penna and André Provedel Reis
There is a lesser-known alternative for going public PE&VC firms should be aware of: BOVESPA MAIS. Created in 2005 inspired by the London Stock Exchange Alternative Investment Market – AIM, BOVESPA MAIS is an over-the-counter market also managed by BM&FBovespa. It focuses on smaller companies seeking gradual access to the stock market.
Gabriel Rios Corrêa and Juliana Carvalho de Azevedo
In June, the Brazilian securities and exchange commission enacted Instrução 535, amending Instrução 391, which regulates the organization of private equity funds (Fundos de Investimento em Participação – FIP). Gabriel Rios Corrêa and Juliana Carvalho de Azevedo, respectively partner and associate of Lobo & Ibeas Advogados, wrote an article about the consequences for the private equity market in Brazil.
Marcelo dos Santos Barradas
On August 1st, 2013 Brazilian Law nº 12.846 (“Anticorruption Law”) was sanctioned in order to regulate the civil and administrative liability of corporations for acts taken against the public administration. The timing to raise the debate about fighting corruption is convenient given the recent popular initiates of protesting against the Brazilian public administration level of corruption.
Thiago Spercel and Gustavo Pinto
FCPA enforcement is an increasing concern, and international investors doing business or investing in Brazil should be mindful of the importance of FCPA compliance.
This article hopefully provides a better understanding of the Brazilian business environment and general drivers of FCPA due diligence and compliance for companies doing business in Brazil or considering investments in Brazil.
Guilherme Leporace and Ana Carolina Pimentel
Despite the significant number of M&A transactions involving Brazilian companies, Brazil does not have yet a well-developed body of case law on either MAC clauses or articles 317 and 478.
Edemir Marques de Oliveira
Globalization and opening up to transnational companies have raised several questions on the circulation of foreign workers in a different territory from their home countries.
Gilberto Giusti, José Roberto Oliva Junior and Ricardo Dalmaso Marques
According to Gilberto Giusti, José Roberto Oliva Junior and Ricardo Dalmaso Marques of Pinheiro Neto Advogado, the arbitrators and the lawyers defending the interests of the litigants in the power sector must have expertise in or at least deeper technical knowledge of the matter in controversy. "Experience has shown that extrajudicial resolution of contractual disputes between several power market agents is the mechanism that better meets the need for greater expertise or at least greater knowledge of the matter by arbitrators", assert the article´s authors.
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