Practice Areas

Banking and Finance >

Overview

Banking and Finance

The MAZZUCCO & MELLO ADVOGADOS law firm advises financial institutions, investors and sponsors in structuring financing, domestic and foreign loans, bilateral loans and syndicated loans, export prepayment operations, asset and equipment financing, aircraft financing and leasing, industrial and infrastructure projects in various sectors such as electricity, highways, oil, gas, basic sanitation, transportation, airports and telecommunications.

The firm also provides regulatory advice to institutions supervised by the Central Bank of Brazil, the Securities and Exchange Commission (CVM) and the Brazilian Association of Financial and Capital Market Entities (ANBIMA). Our practice includes the following issues and the drafting and negotiation of various contractual instruments, including:

  • Structuring and formalization of guarantee packages;
  • Term sheets;
  • Financial contracts, including derivatives (COD and ISDA);
  • Banking and capital markets regulation;
  • Exchange regulation;
  • Financial compliance (creation of policies and internal controls);
  • Administrative Proceedings before BACEN, CVM, National Financial System Appeals Council (CRSFN) and BSM Market Supervision.

In structured finance, we offer transaction advisory services to provide liquidity to businesses.deskMAZZUCCO & MELLO ADVOGADOS has experience in structuring businesses (start-ups), including the most critical legal issues, as a way of preparing the company to receive investments, domestic or foreign, and financial contributions in the form of loans. We also advise financial institutions and private-equity funds on the legal structuring of investments, including:

  • Structuring of investment vehicles and special purpose companies;
  • Financial contributions in the form of capital or loans;
  • Divestment and stake sale strategies;
  • Corporate governance;
  • Guarantees for strategic minority participation;
  • Structuring, constitution and authorization for the operation of investment funds;
  • Legal audit;
  • Representation of shareholders or quota holders at meetings or assemblies of “portfolio companies” (proxy service);
  • Factoring operations;
  • Fintechs and Open Banking Regulation;
  • Leveraged acquisition finance;
  • Syndicated loans;
  • Project financing;
  • Loans with and without collateral;
  • Mezzanine and subordinated loans;
  • Trade finance.

Advisory CVM, B3 and BCB

  • Formation of a Securities Brokerage Firm (CTVM), with approval of registrations with the Central Bank of Brazil;
  • Transfer of Ownership of control of Commercial Bank;
  • Consulting for a large publicly-held company in the education segment in preparing the various disclosures of information in the Reference Form for the fiscal years 2013, 2014 and 2015.
  • Legal advice to Multiple Banks, Payment Institutions and Fintechs in the design and launch of digital accounts.
  • Legal advice to financial institutions on structuring, contractual review, and regulatory compliance of cash management products and services, including liquidity management, collections, payments, and integrated solutions for corporate clients.
  • Legal advice to financial institutions on structuring, contractual review, and regulatory compliance of cash management products and services, including liquidity management, collections, payments, and integrated solutions for corporate clients.
  • Legal support in regulatory risk analysis, contract drafting and review, and handling customer complaints in judicial and administrative settings at acquirers operating in the Brazilian payments market.

BACEN liquidation procedures

  • Administrative advisory and litigation for a securities and exchange brokerage company undergoing liquidation by the Central Bank of Brazil.

Structured Finance

  • Advising a company operating port terminals on contracting mezzanine financing with an international fund.
  • Advice to companies on contracting Working Capital, including analysis of contracting instruments as well as design of the structure of real and surety guarantees and respective formalization.
  • Advising multiple banks on structuring and offering bank guarantee products for companies, whether or not involved in the context of infrastructure projects.