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Brazilian central bank updates rde-ied system

Category: M&A and private equity

On January 30, 2017, the Central Bank of Brazil ("BACEN") instituted a new rule that revises the Electronic Registration Statement - Direct Foreign Investment (“RDE-IED”) and establishes new procedures for registering direct foreign investments in Brazil.

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PARTNERS RESIDING AND DOMICILED OR HEADQUARTERED ABROAD MUST GRANT POWER-OF-ATTORNEY TO LEGAL REPRESENTATIVE IN BRAZIL FOR AN INDEFINITE PERIOD OF TIME

Category: M&A and private equity

On March 3, 2017, Normative Instruction No. 34 was issued by the Department of Integration and Company Registration (“DREI”), which provides rules for the registration with the local Boards of Trade of corporate acts of Brazilian companies that have as owners: (i) foreigners residing and domiciled in Brazil, (ii) Brazilian citizens or foreigners residing and domiciled abroad, and (iii) legal entities headquartered abroad (“IN 34”).

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Partners residing and domiciled or headquartered abroad must grant power-of-attorney to legal representative in brazil for an indefinite period of time

Category: M&A and private equity

On March 3, 2017, Normative Instruction No. 34 was issued by the Department of Integration and Company Registration (“DREI”), which provides rules for the registration with the local Boards of Trade of corporate acts of Brazilian companies that have as owners: (i) foreigners residing and domiciled in Brazil, (ii) Brazilian citizens or foreigners residing and domiciled abroad, and (iii) legal entities headquartered abroad (“IN 34”).

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BNDES announces new operational policy and financing conditions

Category: Infrastructure and energy

Júlia Rodrigues Coimbra, Larissa Gebrim and Tamiris Guimaraes   In early 2017, BNDES announced new operational policies that will govern financing granted by the bank. This announcement followed a review process looking at BNDES’s manner of operational practices, which began in September of 2016, when the conditions for financing for infrastructure projects were announced...

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LEXpress Tributário- Edição EXTRA 26/2016

Category: Tax

Federal Revenue Service publishes Normative Rulings that regulate the exchange of information between tax authorities – Country-by-Country Report (“CbC”) and Common Reporting Standard (“CRS”).

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Public prosecutor in minas gerais files a public civil action and seeks ban on environmental licensing of dams raised upstream

Category: Environmental

Daniela Stump, Liliam Yoshikawa, and Daniel Guariento    The Public Prosecutor of Minas Gerais ("MP/MG") filed, on April 11, 2016, Public Civil Action No. 5162864-29.2016.8.13.0024 ("ACP") against the State of Minas Gerais in order to impose on the State, among other prayers for relief, the obligation not to grant or renew licenses or permits involving building or expansion of mining tailings dams that use the upstream construction method...

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Machado meyer introduces new flexibility policy for fathers and mothers and launches a diversity committee

Category: Infrastructure and energy

Machado Meyer has just instituted a new flexibility policy for parents of newborns or babies in their first year of life. The pioneering initiative is part of the efforts of the Women in Machado Meyer Program created five years ago.

With the changes, the benefit for mothers, which has been in place since 2011, will be extended to include adopted children. The firm also launched a pilot project for employees who become fathers to also take advantage of the benefit.    

The firm has also created its Diversity Committee. With this new initiative, Machado Meyer seeks to create new policies geared towards other forms of diversity, beyond gender.

The treatment that must be adopted by companies with respect to the adoption of children by homoaffective couples and how the brazilian social security service has been handling the issue

Category: Labor and employment

Cristiane Masuno and André Graça     The traditional concept of a family has undergone, over time, public and private transformations as a result of the interest by and the new reorganization of society. In addition to the traditional family, formed by the marriage between a man and a woman, new customs and values have been introduced...

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New code of civil procedure increased legal certainty in cases of hardship clauses

Category: Public and regulatory law

Iuri Reis   Termination of a contract due to excessive hardship calls for two requirements beyond the ones for blue-penciling: extreme advantage to the counterparty and extraordinary nature of the events...

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Abuse of the right to petition may be deemed an infringement by cade

Category: Competition

The Administrative Council for Economic Defense (CADE) recently examined two cases of abuse of the constitutional right to access the Judicial Branch with the purpose of harming competitors, a practice known as ?sham litigation?

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The 40th anniversary of the brazilian corporations law

Category: Corporate

Adriana Pallis and Paula Soncini       The Administrative Council for Economic Defense (CADE) recently examined two cases of abuse of the constitutional right to access the Judicial Branch with the purpose of harming competitors, a practice known as ?sham litigation?

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Federal airport concessions - toward the finish line

Category: Infrastructure and energy

Fabio Falkenburger and Pedro Amim       At the end of 2016, the National Civil Aviation Agency (ANAC) went forward with the bidding process for the international airports of...

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Grandfathering of collective rules

Category: Labor and employment

Ursula Mauro and Caroline Marchi       ADPF No. 323, or Action for Declaratory Relief with Respect to Breach of a Constitutional Precept No. 323, may already be scheduled for a decision by the plenary session of the Federal Supreme Court after the release of the case by reporting judge...

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Cade scrutinizes transaction that did not meet the legal criteria for mandatory notification

Category: Competition

Maria Eugênia Novis, Ursula Pereira Pinto and Beatriz Medeiros Navarro Santos    Nearly five years after the entry of Law No. 12,529/2011 (Brazilian Antitrust Law) into force, the Administrative Council for Economic Defense (CADE) recently informed that it had ordered for the first time the submission of a merger that did not meet the legal criteria for mandatory filing...

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The new concept of the angel investor

Category: Corporate

Guilherme Bueno Malouf, Marcela Maldonado Romeu, Paulo Henrique Carvalho Pinto and Paula Soncini    In late 2016, Complementary Law No. 155 (LC 155) was passed, providing, among other rules, a new financing alternative for micro and small businesses, which do not need to give up on the benefits conferred by the Simples Nacional....

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New concessions adopt currency hedging mechanisms

Category: Infrastructure and energy

Júlia Rodrigues Coimbra, Larissa Gebrim, Tamiris Guimarães e Isabela Bernacchio   In order to meet the need for better financing conditions and attract foreigner investors to new projects, the Brazilian government has been debating methods of compensating investors for losses due to exchange rate fluctuations by means of mechanisms established in concession contracts...

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