CVM extends validity of Sandbox Rules for Tokenizers
By: André Jerusalmy On February 15th, the CVM (Brazilian Securities and Exchange Commission) board, supported by a statement from the Sandbox Committee (CDS), extended the validity period of resolution 875 by one month, which temporarily authorized Vórtx Distribuidora de Títulos e Valores Mobiliários Ltda. and Vórtx QR Tokenizadora […]
CVM promotes specific change in the rules for processing administrative proceedings
By André Jerusalmy On February 10, 2022, the Brazilian Securities and Exchange Commission (CVM) published CVM Resolution No. 65, which amends CVM Resolutions 45 and 46 and regulates, respectively, the procedures for sanctioning activities within the scope of the CVM and the processing of non-sanctioning administrative proceedings […]
What to do when your assets are seized
By: Vitor Antony Ferrari In times of pandemic and in view of the economic volatility experienced in the last two years, it is not uncommon to come across acquaintances, clients and friends who have been suffering due to the crisis, unemployment and possible default in fulfilling various obligations. As a consequence, this default may end up giving rise to lawsuits filed by the injured parties […]
STF judges the effects of the decision that removed the incidence of ICMS between establishments owned by the same person
The Supreme Federal Court (STF) will resume this Friday (12/10) the trial of the declaratory appeals in the Declaratory Action of Constitutionality (ADC) No. 49, which dismissed the collection of ICMS on the transfer of goods between establishments owned by the same owner. The action was tried in April of this year, when the STF declared some […]
Non-attachability of financial investments and current account deposits
By: Vitor Antony Ferrari, Ivan Kubala Brazilian law establishes a list of assets considered unattachable, that is, assets that cannot be used to satisfy a debt collected in court. Examples include real estate considered a family asset, salary, retirement income, pensions, and amounts of up to 40 minimum wages deposited in a savings account, which are […]
Precautions at the time of dismissal
Dismissing an employee is an act of the employer and can be done at any time, however, at this time some precautions must be taken so that this moment does not generate unpleasantness and even moral damages. In times of pandemic, the home office work system has proven to be very efficient and with […]
Disregard of legal personality in the labor sphere
With the advent of Law No. 13,467 of July 13, 2017, article “855-A” was introduced into the Consolidation of Labor Laws – CLT, which came to regulate the use of the Incident of Disregard of Legal Personality – IDPJ in labor executions. Despite the aforementioned article “855-A” of the CLT determining […]
APPROVED THE REGULATION ON THE TREATMENT OF SMALL-SCALE AGENTS IN RELATION TO THE LGP
By: Leonardo Neri The approval of the processing regulation for small-scale agents in relation to the General Data Protection Law (LGPD) was published on January 28, 2022 in the Official Gazette of the Union. Based on the rules provided for in articles 55-J, XVIII, of Law No. 13,709; article 2, XVIII, Annex I of Decree No. […]
Resolution No. 60 – New Regulatory Framework for Securitization Companies
By: André Jerusalmy and Fernanda Lazzarini. The Brazilian Securities and Exchange Commission (CVM) published Resolution No. 60, which regulates credit securitization companies. To date, there were no specific regulations governing their operation. Generally speaking, securitization companies are publicly traded companies that purchase credit rights, […]
Qualification and Objection of Credit in Judicial Recovery in light of the changes promoted by Law No. 14,112/20
By: Vitor Antony Ferrari and Ivan Kubala. It is not uncommon for a creditor to find themselves involved in a judicial recovery process, but, given the peculiarities of the procedure provided for in Law No. 11,101/05, not to know exactly how to act, which can result in the loss of important deadlines, such as those related to the discussion of the credit that they have […]