Digital Investment Influencers are in the CVM’s sights
By: André Jerusalmy Social media is full of digital influencers, and many of these influencers deal with one of the most sensitive topics of all: investors’ pockets. With tips and recommendations on all types of investments, including very high-risk investments, such as operations in futures markets and with leverage (especially day […]
Resolution regulates rules for relationships between consortium customers and payment institutions
By: André Jerusalmy On October 13, Bacen approved resolution BCB No. 155/21, which establishes the principles and procedures that financial institutions and consortium administrators must have towards their clients. Consortium administrators and payment institutions must develop and implement an institutional policy for relationships with […]
Extrajudicial Recovery in light of the changes promoted by Law No. 14,112/20
By: Vitor Antony Ferrari and Ivan Kubala Before the enactment of Law No. 14,112/20, extrajudicial recovery was already considered an alternative tool for companies that were in a momentary financial crisis, but the scenario in which they found themselves did not reflect such great pressure from creditors on the Company's cash flow in order to […]
What is a debt restructuring process?
By: Antonio Mazzucco Debt restructuring is a process that aims to reduce the total amount of a company’s debt, reduce or suspend the interest rate that the company bears and postpone the deadline for debt repayment. What is the objective of a debt restructuring operation? Corporate debt restructuring […]
Facebook Group has its main products temporarily offline and the repercussions on data
By: Leonardo Neri On October 4, 2021, Facebook servers around the world experienced instability, affecting national stock exchanges, problems for sellers who need the networks for work, in addition to the loss of approximately U$50 billion in assets from Facebook itself and U$16 billion from Mark Zuckemberg's personal income, […]
PROCON-MT fines half a million to pharmaceutical chains Drogasil and Droga Raia for improperly collecting customers' personal data
By: Leonardo Neri After an inspection started in pharmacies in Cuiabá, between May 4th and 5th, 2021, PROCON-MT, applied a fine in the amount of R$572,680.71 to the RD group, after inspecting 6 establishments in the capital. This operation was initiated at the request of the MPE-MT, due to complaints from consumers that […]
Tax Planning: STF should conclude anti-avoidance rule trial this week
The Brazilian Supreme Federal Court (STF) is close to reaching a consensus on the constitutionality of Article 116 of the National Tax Code (CTN), which establishes the anti-tax avoidance rule. The discussion is long-standing and began to be debated in the STF in 2001, with the filing of ADI 2446. The core of the Direct Action of Unconstitutionality is based on […]
Brazil takes important step with Draft International Convention on Cybercrime
By Leonardo Neri Initially, it is necessary to understand the benefit that national authorities will have with the possible accession to the Cybercrime Convention, which will provide greater autonomy and agility in accessing digital evidence and documents that belong to foreign legislation. The Legislative Decree Project, PDL 255/21, was approved on the 6th […]
CARF maintains foremanship in the calculation basis of Import Tax
In a trial held this Wednesday (10/27), the counselors of the 3rd Panel of the Superior Chamber of the Administrative Council of Tax Appeals (CARF) decided, unanimously, that expenses with stevedoring – activity of moving cargo and goods in port facilities – should be included in the calculation basis of the Import Tax (II)[1]. Despite already […]
CVM Fines Autonomous Investment Agent
By: André Jerusalmy On September 21, 2021, the Brazilian Securities and Exchange Commission (“CVM”) judged the Administrative Sanctioning Proceeding CVM SEI 19957.000520/2020-01 (RJ2020/01227), which analyzed an accusation attributed to an independent investment agent (“AAI”) accused of receiving client funds in his personal account, thus violating art. 13, II of CVM Instruction No. […]