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Walter Stuber Consultoria Jurídica | Brazil | 8 Jan 2013

Tax haven jurisdictions - haven or hell?

Although internationally adopted, the expression “tax haven” has not been used in the Brazilian applicable legislation. Brazilian regulatory authorities do…
Article

Walter Stuber Consultoria Jurídica | Brazil | 8 Jan 2013

The Brazilian way to comply with the fiscal goal of the year

The local newspapers reported an interesting engineering financing transaction structured by the Brazilian Government aiming to increase revenues in last…
Article

Walter Stuber Consultoria Jurídica | Brazil | 8 Jan 2013

10 traps to avoid in drafting arbitration agreements

Arbitration in Brazil is regulated by Law No. 8,307, of September 23, 1996 (the Brazilian Arbitration Act), which applies to all arbitral proceedings with…
Article

Walter Stuber Consultoria Jurídica | Brazil | 11 Dec 2012

Recent developments in the Brazilian securities market: Part One

The Brazilian Securities and Exchange Commission (Comissão de Valores Mobiliários — CVM) is responsible for regulating and overseeing the Brazilian securities market.
Article

Walter Stuber Consultoria Jurídica | Brazil | 7 Dec 2012

CVM relaxes the criteria for fund raising by Brazilian small and medium-size companies

The Brazilian Securities and Exchange Commission (Comissão de Valores Mobiliários – CVM) found a way to facilitate fund raising for Brazilian small and medium-size companies with the issuance of shares, without changing the applicable law or regulations.
Article

Walter Stuber Consultoria Jurídica | Brazil | 7 Dec 2012

Short selling in connection with a public offering in Brazil

Among its duties, the Brazilian Securities and Exchange Commission (Comissão de Valores Mobiliários – CVM) shall promote the expansion and the regular and efficient operation of the Brazilian stock market, and stimulate permanent investments in the capital stock of publicly-held corporations controlled by local private capital, as well as it shall avoid or prevent any kind of fraud or......
Article

Walter Stuber Consultoria Jurídica | Brazil | 7 Dec 2012

Brazil reduces foreign capital exchange controls

The Brazilian Government decided to dismantle the capital constraint measures adopted previously to prevent the appreciation of the local currency (Real) to facilitate the raising of foreign credits by Brazilian companies, through foreign currency loans and export financing transactions that imply in the anticipation of funds to the Brazilian exporter by way of advance the export receipt,......
Article

Walter Stuber Consultoria Jurídica | Brazil | 15 Nov 2012

Brazilian real estate investment funds may now retain market makers

The Brazilian Securities and Exchange Commission (Comissão de Valores Mobiliários – CVM) authorized Brazilian Real Estate Investment Funds (Fundos de Investimento Imobiliário – FII) to contract market makers (formadores de mercado) for the units of the FII at the expenses of the unit holders.
Article

Walter Stuber Consultoria Jurídica | Brazil | 15 Nov 2012

The Ombudsman´s Office in the Brazilian securities market

By means of CVM Instruction No. 529, of November 1st, 2012 (CVM Instr. 529/2012), the Brazilian Securities and Exchange Commission (Comissão de Valores Mobiliários – CVM) established the Ombudsman´s Office (Ouvidoria) within the Brazilian securities market, which will be in full force and effect as of July 1st, 2013.
Article

Walter Stuber Consultoria Jurídica | Brazil | 15 Nov 2012

The Brazilian CRI has now the same tax treatment granted to debentures

The Brazilian Certificates of Real Estate Receivables (Certificados de Recebíveis Imobiliários – CRI) are securities backed by real estate receivables, which are very similar to mortgage pass-through securities issued in the United States.
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