Arbitration clause does not prevent filing of bankruptcy petition
Por Vitor Ferrari Em decisão exarada pelo STJ foi determinado que a cláusula compromissória, também conhecida como cláusula arbitral na qual as partes de um contrato estabelecem que as controvérsias serão resolvidas por meio da arbitragem não interfere no direito do Credor em promover pedido de falência face ao Devedor. O caso objeto de análise […]
Consent in the New Personal Data Law
By Leonardo Neri One of the most important characteristics of the processing of personal data arises from the user’s consent, as established by the General Law on Personal Data (LGDP), defined as the free, informed and unequivocal manifestation by which the holder agrees to the processing of his/her personal data for a specific purpose. It is, therefore, […]
Compliance from the perspective of corporate governance
By Amanda Lima Efficient companies require efficient management. The concept of Corporate Governance was born in this context, as it involves the mechanisms of direction, monitoring and incentives between partners, the board of directors, the board of directors, the supervisory and control bodies and other parties involved. Good corporate governance practices convert basic principles into objective recommendations, […]
Federal Revenue publishes Consultation Solution with internal guidelines on the methodology to be adopted by the tax administration for the refund of ICMS included in the PIS/COFINS calculation basis
Por Mariana Martins Foi publicado anteontem, em 23.10.2018 (terça-feira), a Solução de Consulta Interna COSIT nº 13/2018, por meio da qual a Receita Federal divulgou entendimento vinculante à toda a administração tributária no que se refere à forma do cálculo do saldo credor de PIS/COFINS a ser restituído a contribuintes que já possuam decisão […]
Is Bill 9.590/18 viable for startups?
By Luis Felipe Eiras The new Bill 9.590/2018, which is being processed by the Chamber of Deputies, proposed by Congressman João Henrique Holanda Caldas of PSB/AL, intends to regulate in a concrete manner criteria to define the concept of startup in Brazil, a subject that is little addressed by national legislation. The bill, which “provides for startups and […]
The Role of Family Protocol in the Longevity of Family Businesses
By Amanda Lima In October 2018, the Brazilian Institute of Corporate Governance (“IBGC”) launched its first instruction manual on Family Protocol on its knowledge portal, given the significant participation of family businesses in the Brazilian corporate sector. In addition to holding more than half of the Brazilian private market, they share the same difficulty, […]
Defense of the Assets of Companies in Judicial Recovery (Essentiality and Executive Competence)
By Vitor Ferrari The Judicial Recovery process is a procedural remedy to be used by companies that are experiencing economic difficulties and whose main objective is to renegotiate their debts in order to successfully fulfill their future obligations, perpetuating business activity and maintaining jobs, […]
Cic Hoteliers and Condo-Hotels
Por André Jerusalmy Em 27 de agosto de 2018, a Comissão de Valores Mobiliários (“CVM”) publicou a Instrução nº 602 (“ICVM 602”), que visa regulamentar as ofertas públicas de distribuição de contratos de investimento coletivo hoteleiro (ou “CIC-Hoteleiro”). Referida norma surge em momento oportuno, considerando que o mercado hoteleiro nacional vem experimentando crescimento consistente […]
The National Authority's Veto on the Personal Data Protection Law and Civil Liability
By Leonardo Neri There has been much debate about the configuration of the new Personal Data Law, without due approval from the National Data Protection Authority (ANPD). Some experts question the strength of compliance with the General Data Protection Law (LGPD), since the sanctions provided for in the law are prerogatives of the ANPD. […]
Biometrics in Stadiums and the Effects of the New General Data Law
By Leonardo Neri It is known that the dream of installing biometrics in football stadiums is already a reality and, in fact, there is Bill (PL) nº 272/2017 in progress, already approved by the Education, Culture and Sports Committee and which will be analyzed by the Constitution, Justice and Citizenship Committee (CCJ). In other words, by the aforementioned […]