Public Hearing on Insider Trading in Real Estate Funds
By: André Jerusalmy On December 14, 2021, CVM put on the agenda the proposal to change CVM Instruction 472, which deals with Real Estate Investment Funds (“FIIs”) to include an express prohibition on the use of privileged information in the trading of shares of such Funds. The basis is based on […]
Substantial Consolidation in light of changes to the Bankruptcy and Judicial Reorganization Law
By: Vitor Antony Ferrari and Ivan Kubala Substantial Consolidation is the union of rights and obligations of all the Companies Under Reorganization that make up a recognized Economic Group of Companies, which are now treated as a single entity, without, however, implying the definitive union of the legal personalities of the Companies, producing effects only in relation to […]
Amazon coupons case
By Vitor Ferrari and Ivan Kubala In the early hours of Wednesday, January 25, 2021, Amazon Brazil launched a series of discount coupons for various products on its online delivery website. However, a flaw in the system for generating and applying these coupons allowed customers to accumulate discounts by entering more than one […]
Shared custody of PETs
By: Vitor Antony Ferrari, Ivan Kubala A law is much more than a legal device created to regulate a certain conduct. It is a cultural trait of a society, since the legal asset protected and the reason for the norm having been created says a lot about the universe in which the legislator is inserted. The changes […]
STJ decides that ITBI must be calculated based on the property acquisition value
On the 24th, the 1st Section of the Superior Court of Justice (STJ), when judging Special Appeal No. 1,937,821/SP under the Repetitive Appeals system, decided that the Tax on the Transfer of Real Estate (ITBI) should be calculated based on the sale value of the property instead of the market value, a criterion used to […]
Major retailer's system outage results in billion-dollar drop in market value
By: Leonardo Neri There was a drastic reduction in the value of the Americanas Group to R$27.9 billion last Monday, the 21st. This amount is R$2 billion less than that found in the last market analysis carried out on February 18, 2022. This drop was exclusively due to the unavailability of the online stores of […]
PROCON/MS fines large companies for non-compliance with LGPD
By: Leonardo Neri Recently, the Superintendence for Consumer Guidance and Defense of Mato Grosso do Sul (MS), fined large national companies for non-compliance with the legal requirements demanded by the LGPD, namely: Leroy Merlin; Privália; James and Centauro. In the monitoring carried out by the regulatory body, irregularities were found in the privacy policies of the Leroy website […]
STJ will rule on the exclusion of ICMS-ST from the PIS and COFINS calculation basis
The 1st Section of the Superior Court of Justice (STJ) will judge Special Appeals 1,896,678/RS and 1,958,265/SP, under the Repetitive Appeals system, in which the possibility of excluding the Tax on Circulation of Goods and Services due under the substitution tax system (ICMS-ST) from the calculation basis for contributions to the Integration Program […]
PGFN requests modulation of the effects of the STF decision that excluded IRPJ and CSLL on Selic
On the 7th, the Office of the Attorney General of the National Treasury (PGFN) filed a Statement of Clarification against the decision handed down by the Federal Supreme Court (STF) in Extraordinary Appeal 1,063,187/SC (Theme 962). The judgment of the RE unanimously dismissed the incidence of Corporate Income Tax (IRPJ) and the Social Contribution on Profit […]
DECLARATION OF BRAZILIAN CAPITAL ABROAD 2022
By: André Jerusalmy We inform you that on February 15, 2022, the deadline for submitting the declaration of the Census of Brazilian Capital Abroad (“CBE”) opened, in which residents in Brazil must declare to the Central Bank the existence of values of any nature held outside the country, including assets, rights, instruments […]