Banking and Financial Market
We have solid experience in representing and providing legal advice to Brazilian and foreign clients in requests for authorization to operate for financial institutions, DTVMs, brokers and the similar, structuring compliance systems for financial institutions and structuring national and international operations (syndicated loans, AB loans, participations, etc.).
We provide legal advice on derivative transactions, including the structuring and negotiation of contractual instruments (ISDA Master Agreements, CGDs, and CODs), strategic advice for the development of new products and the issuing of legal opinions and memoranda on issues involving these instruments. We also provide legal services in structuring and negotiating “Structured Operations Certificates” (“Certificados de Operações Estruturadas”).
Financial and capital markets regulation
We provide legal advice in the formation of banks and other supervised financial institutions, and in obtaining authorizations from regulatory bodies. We also provide consultancy to these entities in the various matters of their day to day businesses.
We provide legal advice on financial and capital markets infrastructure rules and on the formation and operation of exchanges, organized markets, and trading platforms and systems for financial assets and securities, including advice on clearing and settlement services, registration, custody, deposit centralized, bookkeeping and other systems.
Institution of Means and Payment Arrangements
We provide legal advice to national and foreign entities operating as payment institutions, as well as other payment service providers, such as issuers, acquirers, banks, retailers, e-commerce agents, e-wallet, gateways, Payment Service Providers (PSPs), facilitators, among others.
We provide legal advice on the formation and authorization process with the Central Bank of Brazil, review of business models and diversified structures, and on the various regulatory aspects related to the sector.
Foreign investment and foreign exchange (forex) regulation
We provide investment advice to non-residents investing in local financial and non-financial markets. In addition, we advise clients on various aspects of foreign exchange (forex) regulation, in order to identify any impacts and define the most appropriate structure for their operations.
We represent banks and other regulated supervised in administrative proceedings at the Central Bank of Brazil, the Brazilian Securities Commission (Comissão de Valores Mobiliários), the National Financial System Administrative Appelate Council (Conselho de Recursos do Sistema Financeiro Nacional – CRSFN) and B3 - Supervisão de Mercados (BSM), both in administrative defenses and proceedings, and in the negotiation of leniency agreements.
Technology-Based Products and Services
We provide legal advice on the Brazilian regulation of the financial and insurance products and services sectors, fintechs and peer-to-peer lending institutions, including those rules related to consumer and fair lending law.
We also draft legal documents and instruments for setting up fintechs and peer-to-peer institutions, including contracts, policies, and regulations, involving partners, suppliers, customers, and regulatory bodies and agencies.
We provide advice on registration, authorization to operate, products and all other legal matters before regulatory bodies and agencies, such as the Brazilian Central Bank, the Central Bank of Brazil, the Brazilian Securities Commission (Comissão de Valores Mobiliários), the Superintency of Private Insurance (Superintendência de Seguros Privados – SUSEP), B3, CETIP, among others.
We provide legal advice in administrative proceedings and consultations with regulatory agencies and regulated entities in the financial and insurance products and services markets.
We track and monitor Federal, State and Municipal bills, preparing and presenting technical notes, if and when necessary.