It is the firm’s leading field of expertise. We have been advising foreign companies and investors in structuring and implementing multidisciplinary and multijurisdictional business transactions, assisting them to start businesses in Brazil, either independently or through joint ventures with local partners. Key issues involve advice on matters related to foreign currency exchange regulations, registration of investment with the Central Bank of Brazil, incorporation of companies and complete advice on Brazil’s complex tax and labor laws, as well as investment in the Mercosur free trading zone.
Handelsrätt, Avtalsrätt, Kapitalmarknadsrätt, Fusioner och Förvärv
The firm has considerable experience with Brazilian Corporate laws and capital
markets, including active representation before the São Paulo Stock Exchange
and the Brazilian Securities Commission (CVM). We have also advised clients in
important joint ventures and shareholders agreements, incorporating companies
and financing them through the capital markets in Brazil and abroad. The teams
are also qualified to negotiate and draft every kind of national or international
commercial, financial and banking contracts.
The members of Fraga, Bekierman e Pacheco Neto – Advogados have advised
some important merger & acquisition deals in Brazil. The firm counsels sellers,
buyers and investment banks acting as financial advisors in all stages of the
process, from due diligence exercises to tax and corporate planning issues.
The tax department provides legal counseling to foreign investors and Brazilian based companies, including tax planing for special transactions, start-up investments and their day-to-day activities. It also handles complex cases tried on the administrative level before governmental agencies as well as in the courts.
MiljörättThe firm monitors local environmental laws and provides legal support to companies dealing with environmental regulatory agencies and eventual litigation arising thereof.
ArbetsrättFraga, Bekierman and Pacheco Neto – Attorneys represents clients in labor cases and advise them on how to deal with employment matters in Brazil. It also provides advice on relations with trade unions and participates in collective bargaining and other negotiations with the unions.
Förvaltningsrätt
The firm actively represents clients participating in public bids and in the
negotiation of the concession and or procurement agreement with the government.
We have been also advising clients in the compliance to the rules set by regulatory
agencies such as ANP (oil & gas), ANATEL (telecom sector), ANEEL (power
and energy sector), ANS (health system). Members of the firm are encouraged
to attend technical (non-legal) education in these fields for better understanding
the needs of the clients.
The firm advises foreign investors participating in the privatization of government-controlled
companies. The Brazilian government launched in the early 1990s a comprehensive
privatization program, which has led to the selling of control of numerous state-owned
companies. The program is still under way and for the next months it is expected
the auctioning of the energy distribution and sewage systems.
The firm provides support to secure approval for mergers and acquisitions deals from the Brazilian antitrust agency (CADE) and the Secretariat of Economic Defense. The lawyers operate in close contact with experts on the economic side of the issue, so the clients have the best assistance possible. We advise clients facing charges of unfair trade practices, whether locally or before foreign agencies or courts. We assist a number of U.S. and European law firms in proceedings involving Brazilian companies abroad.
Immaterialrätt
The firm provides a diversified range of IP legal services, focusing on contracts
for the transfer of technology, trademark licenses, patent licenses, technical
assistance and franchise. The IP team is also qualified to advise our clients
in all stages of an IP transaction, from negotiation of every kind of IP Agreement
to representation of the client before any Brazilian authority that requires
registration of the contract. Our team also provides counseling on taxation
applicable to the transfer of technology and the remittance of royalties, as
well as on unfair competition and other market impact impact issues.
Our IP Department also has experts to handle IP issues related to Information
Technology Law. They have considerable experience analysing potential risks
with processing and storage of data.