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17 Results

Resource Listings

Articles

A New Brazilian Commercial Code and Its Effects on Brazilian Corporate Law

By Paulo Coelho da Rocha

In 2002, with the enactment of the new Brazilian Civil Code, the Brazilian Commercial Code lost much of its relevance and content, since the rules that regulated business activity were largely incorporated into the new Civil Code. More importantly, the changes introduced by the Civil Code in corporate law brought uncertainty and changes to known concepts and rules. Due to the controversy this has generated, the Brazilian Congress has recently been discussing a new Commercial Code. This article discusses the latest version of the Code, which has been released for public consultation.

Articles

Data Protection Multi-Jurisdictional Guide

By Practical Law Company

This multi-jurisdictional resource provides practical information on cross-border data protection issues, including regulations, data controller obligations, rights to access personal data, international transfer of data, and data processing by third parties.

Articles

Food Supplement Regulations Guide

By Lex Mundi Life Sciences group

This guide is part of the Lex Mundi Global Practice Guide Series which features substantive overviews of laws, practice areas, and legal and business issues in jurisdictions around the globe.

Articles

Open Skies Agreements (Brazil)

By Luciana Goulart Penteado, Partner, and Victor Hanna, Associate, Demarest Advogados

The main purpose of the Open Skies Agreements is to deregulate certain areas of the air transport industry in Brazil and, consequently, encourage the market to work freely, which causes various effects in liberalized markets.

Articles

Regulation of the "Accident Prevention Factor" ("FAP")

By Marcello Pedroso Pereira, Partner of Social Security department at Demarest Advogados

According to Brazilian law, the Accident Prevention Factor (FAP) for each company is determined according to the number of labor accidents and illnesses that have generated payment of social security benefits. The FAP calculation is mainly based on the frequency, level of importance and cost of the labor illnesses and labor accidents of each company. In recent years, the social security website has provided the specific FAP for each legal entity. Read on to learn more about FAP regulation.

Articles

The Work Cooperative Social Security Contribution

By Rodrigo Ramos de Arruda Campos, Partner of Social Security department at Demarest Advogados

Upon the enactment of Brazilian Law 9876/99, of November 26, 1999, a part of the system of social contribution payable by companies was modified, and one of the contributions payable by companies was fixed at 15% of the invoice for services rendered by work cooperatives. However, it seems that the requirement for the engaging companies to pay a 15% contribution on the invoices for services from work cooperatives is totally unconstitutional. This article explains the unconstitutionality of this law and discusses the impact of recent court decisions pertaining to this issue.

Articles

FATCA Implementation in Brazil

By Fabio de Almeida Braga, Demarest Advogados

A discussion of the Foreign Account Tax Compliance Act's (FATCA) reach beyond US borders, with specific focus on how Brazilian banks comply with the law.

Articles

Court-Supervised Reorganizations: Capital Market Protection Mechanisms (Brazil)

By António Aires and Octavio Moura Andrade, Demarest Advogados

The court-supervised reorganization of corporations introduced by the Brazilian Reorganization and Bankruptcy Law (LRF) arose in order to lower credit risk and achieve greater reductions in interests accrued on financial loans. However, little has been said about the fact that the LRF has introduced several capital market protection mechanisms, which is discussed in this article.