RECOMMENDATIONS AND MITIGATION OF PRIVACY RISKS IN M&A
By: Leonardo Neri Among the main recommendations for a company that is acquiring another in an M&A transaction, the following stand out: i) Increase the list of documents in due diligence of the target company; ii) Check whether the target company is in compliance with LGPD; iii) Compatibility of privacy and information security policies; iv) Check the fragility of the […]
Annual Census of Foreign Capital in Brazil – 2022
By André Jerusalmy At the beginning of July, the deadline for submitting the census of foreign capital in the country was opened, which aims to compile economic and financial data from companies and investment funds based in Brazil that have direct foreign equity participation. This year, the annual census will be carried out, and […]
The New Extrajudicial Recovery
By: Vitor Antony Ferrari and Ivan Kubala. Extrajudicial Recovery is an option for many, but not all, companies that are experiencing economic difficulties. The first major filter of RE is the fact that it is not suitable for all companies, but for those that still have some credibility, despite having an economic structure […]
DPO's role in M&A
By: Leonardo Neri The Data Protection Officer, known as DPO (Data Protection Officer), a term originating from Europe, is one of the most important roles when it comes to Privacy and Personal Data Protection. However, very little is discussed when we think about the importance of the DPO’s position in the negotiation and implementation of […]
Chamber of Deputies approves reduction of ICMS on essential items.
The Chamber of Deputies, on June 15, 2022, approved the amendments presented by the Federal Senate in Complementary Bill (PLP) No. 18/2022, which amends Complementary Law No. 87/1996, imposing a limit of 17% on the Tax on Circulation of Goods and Services (ICMS) levied on essential goods and services, such as […]
Confidentiality Agreements in M&A
By: Antonio Carlos Mazzucco and André Jerusalmy In mergers and acquisitions (“M&A”) transactions, a variety of confidential and sensitive information must be disclosed at a certain stage of the negotiations. This must be done in a secure and organized manner, with the certainty that the party receiving such information is obliged to respect its nature […]
Particularities of Mergers and Acquisitions Operations in Publicly Traded Companies
By: Andre Jerusalmy and José Henrique As seen previously, mergers and acquisitions (M&A) operations are strategies in which two or more companies come together to form a new company, in the case of a merger, or the acquisition of the share capital (equity) in full or in part. However, such operations are rarely simple, since […]
Judicial Recovery of Samarco
By: Antonio Mazzucco and Vitor Antony Ferrari Years after the environmental disaster in Mariana (MG), the mining company responsible, Samarco, is facing financial difficulties and is forced to file for Judicial Recovery to avoid closing its doors. However, the recovery plan presented to creditors was rejected, and the reins were taken over by the Financial Creditors. In […]
New Rules for Crowdfunding
By: André Jerusalmy Last Tuesday, June 28, 2022, the Brazilian Securities and Exchange Commission (CVM) published CVM Resolution No. 158, which amended CVM Resolution 88 (“Resolution 88”), which deals with the rules for carrying out collective financing of projects, also known as crowdfunding, and which will come into effect […]
CVM issues 27 new Resolutions related to Decree 10.139/19 – Accounting Standards Update
By: André Jerusalmy On May 20, 2022, the Accounting and Auditing Standards Superintendence (SNC) of the Securities and Exchange Commission issued 27 resolutions. This measure is part of the strategy of reviewing and consolidating normative acts below the decree, determined by Decree 10.139/2019. The resolutions are: CVM Resolution 90: consolidates CPC 01 (R1) and revokes […]