ESG and its impact on companies: a brief presentation.
By: Antonio Mazzuco, Luiz Gustavo Doles and Fernanda Lazzarini The themes of the environment, social well-being and transparency in companies have been widely explored in the corporate world in recent years. These are certainly not issues to be treated as recent concerns, having been recorded since 1960 with the creation of funds aimed at […]
CPF – Document accepted for identification throughout Brazil, did you know that?
By: Vitor Ferrari and Ivan Kubala On January 11, 2023, Law 14,534/2023 was published in the Official Gazette of the Union, whose legal text, in addition to amending other legal provisions, established the registration number in the Individual Taxpayer Registry, the CPF, as “unique and sufficient for identifying the citizen in public service databases”. In addition, […]
STJ: ITBI is levied on the incorporation of real estate by real estate investment funds
The 1st Panel of the Superior Court of Justice, in the judgment of the Appeal in Special Appeal No. 1,492,971/SP, unanimously decided that ITBI is applicable to transactions involving the incorporation of real estate by Real Estate Investment Funds (FIIs). In the case in question, the funds acquired real estate through management institutions. In exchange, they offered “quotas” of the fund to […]
STF will resume trial on isolated fine of 50% applied in non-approved compensations.
The Supreme Federal Court will resume the trial of the constitutionality of the isolated fine of 50% on non-approved compensations, between 03/10/2023 and 03/17/2023. Currently, the matter is being discussed both within the scope of Extraordinary Appeal (RE) No. 796,939 (Theme 736 of General Repercussion) and in the Direct Action of Unconstitutionality (ADI 4905), which deal with the […]
Provisional Measure published reestablishing the collection of PIS and COFINS on fuel transactions.
On March 1, 2023, Provisional Measure No. 1,163/2023 (“MP 1,163/23”) was published, which again changed the taxation of fuels. In practice, although the aforementioned MP mentions the reduction of taxation, the result shown is the reestablishment of partial taxation on certain fuels, in addition to the establishment of a rate of 9.2% on […]
Americanas: Hortifruti CRA holders will have to make a contribution of R$$1 MILLION – understand the case
Our partners Antonio Carlos Mazzucco and Rafael Mello contributed to the article published yesterday, 03/07/2023, on Agência TradeMap, where they commented on the decision of the new contribution approved in the meeting that took place last Friday. To see the full article, visit: https://trademap.com.br/agencia/mercados/americanas-detentores-de-cra-do-hortifruti-terao-que-fazer-aporte-de-r-1-milhao-entenda-o-caso
Abuse of power by minority shareholder.
By: Antonio Mazzuco and Luiz Gustavo Doles There is much discussion about the role of minority shareholders in corporations. They are an important figure in the capital structure of many companies and must be protected given their vulnerability to majority shareholders. However, little is said about the abuses […]
Oi files for bankruptcy protection again.
By: Vitor Ferrari and Ivan Kubala It is already common knowledge that Oi S/A, or simply “Oi”, is going through a serious financial crisis due to its debts getting out of control and the difficulty in generating cash to pay them off. In view of this scenario, and seeking to curb enforcement proceedings, seizures and account freezing, […]
CRA Hortifruit: Mazzucco&Mello seeks alternatives for creditors in the Americanas crisis.
Our work on behalf of CRA holders backed by Hortifruti receivables was the subject of an article published in O Estado de São Paulo on March 3. Our partners Antonio Carlos Mazzucco and Rafael Mello contributed to the article. Full article at: https://www.estadao.com.br/amp/economia/coluna-do-broad/investidores-em-papeis-do-natural-da-terra-da-americanas-devem-acionar-cvm/
Possibility of Judicial Recovery for Rural Producers.
By: Vitor Ferrari and Ivan Kubala With the changes brought about by Law 14.112/20, which amended and inserted provisions into Law 11.101/05, judicial recovery for rural producers, as long as they are entrepreneurs, has become possible. The measure is of utmost importance for the national economy, since the agricultural sector has a large share in the Gross Domestic Product […]