Bocater, Camargo, Costa e Silva, Rodrigues Advogados > Sao Paulo, Brazil > Firm Profile

Bocater, Camargo, Costa e Silva, Rodrigues Advogados
RUA JOAQUIM FLORIANO, 100
16 ANDAR
04534-000 SAO PAULO SP
Brazil

Brazil > Capital markets Tier 3

A 'renowned firm specialised in the capital markets area', Bocater, Camargo, Costa e Silva, Rodrigues Advogados stands out for its extensive expertise in securities regulatory issues, regularly providing advice to listed companies, brokerage firms and investment funds. This includes advice on investigations by the CVM and related administrative proceedings. The firm's regulatory and disputes expertise also feeds into a strong track record in transactional matters and capital markets listings. Francisco da Costa e Silva leads the team and has a huge amount of industry experience. Other key partners include Maria Isabel Bocater, who previously served as comissioner to the CVM, Flávio Martins Rodrigues and the highly rated Matheus Rossi.

Practice head(s):

Francisco da Costa e Silva

Testimonials

‘The firm is highly technical and experienced in the capital market area. Francisco da Costa e Silva is a highly experienced professional, former President of CVM and his legal opinion makes all the difference in the decision-making process.’

‘Bocater, Camargo, Costa e Silva Rodrigues Advogados has experience handling large corporate transactions, including several different types of companies and other legal entities, notably publicly-held corporations and closely-held companies, limited liability companies and private equity funds. The renowned expertise of the team of corporate law professionals allows it to work with the utmost celerity, excellence and technique in defending their clients’ interests, including providing advice and following their corporate routines.’

‘Renowned firm specialised in the capital markets area, with highly qualified and committed professionals, with intense dedication to the effective completion of the work.’

‘Matheus Cordato is always available, serves us with speed and connects with the other specialists whenever necessary.’

Key clients

Banco Itaú Bba

Banco Fator

Vinci Partners

XP Investimentos

Bombril

Skysites Americas

Fundação Petrobras De Seguridade Social

Petro Rio

Lastro RDV DTVM

Nova Futura Corretora

Reit Securitizadora de Recebíveis Imobiliários

Aq3 Asset Management

Riviera Investimentos Imobiliários

Singulare Corretora

Banesprev Fundo Banespa De Seguridade Social

Banco Máxima

A5 Gestão de Investimentos

Banco Paulista

Cadence Gestora de Recursos

Previrb (Fundação Previdenciária Dos Servidores Do IRB – Instituto De Resseguros Do Brasil)

Prevcom (Fundação De Previdência Complementar Do Estado De São Paulo)

Infinity Asset Management

Fundação Sabesp De Seguridade Social – Sabesprev

Fundação De Seguridade Social Braslight

Economus Instituto De Seguridade Social

Fundação São Francisco De Seguridade Social

Fundação Atlântico De Seguridade Social

Instituto Conab De Seguridade Social – Cibrius

Work highlights

  • Provided assistance to 3R Petroleum on topics related to the CVM registration procedure and regulatory requirements of its IPO, concerning its structure and the company status.
  • Advised a forestry products company on issues concerning officers’ compensation, capital structure and distribution of dividends.
  • Provided assistance to the shareholder in a precedent-setting case of supposed abuse of its voting to approve a motion deliberating that the company should propose a civil action against members of the Fiscal Council.

Brazil > Corporate and M&A Tier 6

The corporate and M&A department at Bocater, Camargo, Costa e Silva, Rodrigues Advogados is highlighted for its 'seniority, great experience and great competence'. With broad expertise, the team can often be found advising on large deals and non-transactional corporate matters. Securities regulation is a standout area of expertise for the firm, with much of the team drawing on valuable previous experience working at the Brazilian Securities and Exchange Commission (CVM). For example, Maria Isabel Bocater is a former director of the CVM; she specialises in corporate law and capital markets. Other names to note include Francisco da Costa e Silva, João Laudo de Camargo, Luiza Rangel de Moraes and Bernardo Costa e Silva.

Practice head(s):

Francisco Costa e Silva; Maria Isabel Bocater; João Laudo de Camargo

Testimonials

Bocater is a complete office that manages to include in a discussion of M&A all the legal aspects involved in the transaction and in different spheres of law (administrative, civil, criminal, corporate, etc.). In discussions of shareholders’ agreements, for example, Bocater can assist me in making decisions taking into account all the legal risks that could arise in the decisions we would take.’

Very pleasant to work with, plus great competence and focus on getting things done!

The office has taken care of the corporate issues of our companies for more than 5 years and has been very competent and careful with this work. I highlight the ability to mobilise a senior team to meet demands that may be urgently needed. In the M&A area, the team has been very technical, not only in pointing out the risks, but also formulating alternatives.’

I would like to highlight Luiza Rangel’s performance in corporate matters. She has been in great demand by our team and has managed to do a very efficient job.’

Francisco Costa e Silva and Flavio Rodrigues are recommended.’

The seniority, great experience and great competence of the legal team!

Key clients

Bombril

Embraer

Impacto Energia

Coperçúcar

Usiminas

Vale

Banco Safra

Petro Rio

Neoenergia

Terra Santa Agro

BTG Pactual

Anumara Capital

Banco Fator

Investimentos e Participações em Infraestrutura

FIP Aeroespacial

Globenet Cabos Submarinos

Ático Investimentos e Participações

Kepler Weber

Banco Máxima

Fator Corretora

Impacto Energia

Siner Engenharia e Comércio

Socopa Sociedade Corretora Paulista

Truccare Cosméticos Distribuição, Importação E Exportação

Visiona Tecnologia Espacial

Banco Semear

Work highlights

  • Provides regular assistance to Petrobras in matters relating to corporate law, corporate governance, securities regulation and public law.
  • Advised FIP Aeroespacial on the acquisition of 33% of the shares of Kryptus Segurança da Informática.
  • Advised Siner Engenharia on investing in a project involving building a solar power plant (5MW) to be leased by Itaú Bank in a seven-year term contract.

Brazil > Dispute Resolution: Litigation Tier 7

Led by corporate litigation specialist Bruno Carriello, the dispute resolution team at Bocater, Camargo, Costa e Silva, Rodrigues Advogados has vast experience in handling cases before federal and state courts. Matters arising from corporate, capital markets, civil, tax and labour disputes are areas of specialism for the department, which also handles administrative litigation. Germano Rego Borges is also part of the core team.

Practice head(s):

Bruno Carriello

Testimonials

‘The team has extensive legal knowledge on matters of interest to the client, being up-to-date on different topics and capable of promptly defending our interests. Unlike other firms, access to lawyers is easy. Bruno Carriello Rosa is recommended.’

‘Very synchronized group bringing diverse skills to the cases in question.  Bruno Carrielo thinks outside of the box. ‘

‘The technical knowledge of its team makes this firm unique and the agility and precision with which the services are provided favours decision-making.  I recommend Bruno Carrielo.’

Key clients

Petrobras

Eletrobras

Oi

Embraer

Kepler Weber

Copersucar

Previ – Caixa de Previdência dos Funcionários do Banco do Brasil

Real Grandeza – Fundação de Previdência e Assistência Social

PETROS – Fundação Petrobras de Seguridade Social

Generali Brasil Seguros

Banco Paulista

Banco Fator

Fator Corretora de Valores

Fundo de Recuperação de Ativos – Fundo de Investimentos em Direitos Creditórios

Padronizados

Fidc Brasil Plural Recuperação de Crédito

Socopa – Sociedade Corretora Paulista

Fator Projetos

Fundação de Seguridade Social Braslight

Fundação Atlântico de Seguridade Social

Fundação Forluminas de Seguridade Social – FORLUZ

Fundação de Seguridade Social da Arcellormittal Brasil – FUNSSEST

Fundação Assistencial dos Empregados da Cesan – FAECES

Brasco Logística OffShore

Fundação Vale do Rio Doce de Seguridade Social – VALIA

Work highlights

  • Represents Eletrobras and its CEO and members of the board in lawsuits regarding the validity of the general shareholders’ meeting that decided the privatisation of six electrical energy distributors in several states of the north and northwest regions.
  • Acts for Caixa de Previdência dos Funcionários do Banco do Brasil (PREVI) in judicial litigation of approximately 2,000 lawsuits discussing private pension contracts and labour contracts.
  • Hired to file a partial dissolution lawsuit of Sendas Business Group in a R$200m case.

Tax > Tax advisory Tier 7

Bocater, Camargo, Costa e Silva, Rodrigues Advogados has quickly built itself an increasingly strong reputation for tax litigation and advisory matters. Its client base includes major financial services, energy and manufacturing companies. Key team members include Alexandre Luiz Moraes do Rêgo Monteiro, who helped launch the practice in 2015 and has a notable background in tax structuring and litigation, Luciana Ibiapina Lira Aguiar, who is especially active on the corporate tax side, and Francisco Lisboa Moreira, who has a strong focus on indirect tax.

Practice head(s):

Luciana Ibiapina Lira Aguiar; Alexandre Luiz Moraes do Rêgo Monteiro; Francisco Lisboa Moreira

Testimonials

‘In my opinion, what makes Bocater Advogados a unique office in tax is the multidisciplinarity and depth with which matters are covered. The diversity of the team, composed of people and partners with experience in the Big Four, combined with the consultative and contentious experience.’

‘The firm has an unique approach to their clients, analysing their demands, profiles and personal needs. The tailor-made solutions are very much appreciated.’

‘Alexandre Monteiro and Luiza Rangel always serve us with great attention and affection, defending our interests as if they were theirs.’

‘Francisco Lisboa Moreira and Alexandre Luiz Moraes do Rego Monteiro demonstrate excellent knowledge in the area of taxation of economic groups with head/branches abroad.’

Key clients

B3 – Brasil, Bolsa, Balcão

Banco Fator / Fator Seguradora

Voltalia

Cia de Navegação Norsul

Forever Living Products

Rio Bravo Investimentos

Skysites Holdings

Impacto Energia

Tovani Benzaquen Ingredientes

Electrolux do Brasil

Essentia Energia

Leaseplan Arrendamento Mercantil

Kepler Weber Industrial

SP-Prevcom

Siner Engenharia e Comercio

Renova (Securitizadora de Creditos Financeiros)

Work highlights

  • Represented B3 in a lawsuit to exclude some payments from the calculation of the social contributions over payroll.
  • Assisted BR Distribuidora on a judicial strategy in order to recover roughly $50m in ICMS payments that were collected in advance.
  • Advising a Brazilian shipping company on the tax aspects of a corporate restructuring, with the separation of the foreign entities from the Brazilian operational entity and resolution of a corporate dispute with a minority shareholder.

The firm: Founded in 1999 Bocater, Camargo, Costa e Silva, Rodrigues Advogados is structured to provide legal services to domestic and foreign clients with the majority of its practice focused in the different fields of corporate law. Bocater lawyers have solid academic backgrounds with specialised knowledge in this area, as well as professionals with expertise in other related fields of law, such as pension fund law, thus forming teams capable of providing legal assistance that meets its clients’ expectations, both in consulting and in litigation areas.

The basic commitment of the firm is to provide services in a highly expeditious way, with high technical quality, always observing due ethical standards. The firm also seeks to present the most practical and efficient solutions to the problems faced by its clients.

Main areas of practice
Corporate:
 Bocater deals with all aspects of corporate law, providing guidance to companies, controlling and minority shareholders; structuring policies to comply with corporate governance; counselling on shareholders’ rights; joint ventures; organisation of corporate associations, consortiums; M&A, consolidation transactions, purchase and sale of private equity; shareholders’ agreements, IPOs, designing debentures indentures and operations involving issuance of different types of securities; structuring loan transactions; restructuring debts, corporate reorganisation; transactions involving transfer of control of publicly held companies.

Capital markets: Bocater structures securities offers, purchase and sale transactions, project finance; registration before the Brazilian Securities and Exchange Commission- CVM, filing of prospectuses for issuance and distribution of all kind of securities, put and call options, security deposit certificates, collective investment agreements, certificates of real estate receivables, certificates of electric power forward, audiovisual investment, quotas in real estate investment funds, registration of special transactions, purchase and sale of treasury shares and public offers of securities; setting up of investment funds, real state investment funds; prospectuses for public offer notices and registration procedures, administrative proceedings at CVM and at the Council of Appeals with the National System. Bocater assists managers, fund managers, brokers and other participants of the distribution system, and respective registration before the CVM. Consultancy reports before the CVM. Defence of investors’ rights on capital market matters. Assistance in the compliance area: diagnostic, recommendations, implementation and evaluation of the compliance policies of financial intermediaries.

Pension funds: Bocater advises pension funds, sponsored or not by public sector corporations in adequacy to new regulatory provisions; structuring of by-laws and pension funds plans; structuring of entity’s internal governance; ruling of pension plans; financing rules; plan balance; interpretation of the rules regarding the issuing of benefits; plan migration process; daily routine and specific procedures aiming at minimising risks of civil liability of managers and the respective sponsor; maximisation of administrative income; advice on rules of investments for pension fund; unique investment operations; taxation; agreement with outsourced service suppliers (asset managers/administrators); administrative disputes, including audits carried on by the regulatory agency (PREVIC), Social Security Ministry and the Private Insurance Superintendence (SUSEP), representing clients in such proceedings at the administrative and judicial levels.

Tax: Bocater has experts in tax planning, counsels to optimise tax solutions in corporate restructuring, M&A, spin-off and consolidation transactions; challenging tax assessments; transfer pricing; representing clients in administrative or judicial proceedings in administrative or judicial courts.

Civil: Bocater deals with contractual matters, as fiduciary alienation, free lease, debt confession, guarantees, distribution, factoring, financial leasing, rent, insurance and services agreements. Individual successor planning and family holding structures.

Real estate: Bocater structures real estate projects and assists clients in all multiple variables of real estate development. Implementation of real estate investment funds, securitisation of real estate receivables, construction agreements, shopping malls, residential, non-residential and commercial lease agreements, built to suit lease agreements. Purchase, sale, rental of real estate and all agreements to make the project effective, due diligence works for structuring of various real estate projects.

Litigation: Bocater litigates on the matters relating to its areas of practice, acting in courts across Brazil, and the higher courts in Brasilia. BCCS assists clients in complex litigation in Brazil and abroad and in consultancy for the preventive measures avoiding court litigation. BCCS represents clients on arbitration procedures in Brazil and abroad and on using alternative dispute resolution methods.

Labour: Bocater offers preventative and strategic guidance with respect to potential labor claims, assistance in the reduction of materialized payroll liabilities, preparation of legal opinions recommending adjustments to procedures for the elimination or reduction of possible contingencies, advice on the preparation of labor audits, assessing materialized or potential labor contingencies, follow-up on inspections by the labor authorities, representation of individuals in labor proceedings, and clients’ defense in public-interest civil actions or execution of consent decrees issued by the Labor Prosecution Office.

Administrative and public law: Bocater deals with a wide range of administrative law matters, representing clients in proceedings before the Federal Audit Court (tribunal de Contas da Uniao) and other control institutions (State Audit Courts, National Comptroller General’s Office and Public Prosecutor’s Office). The firm also stands out by offering legal advice to government authorities, state-owned enterprises, government-controlled private companies and public foundations. Also Bocater excels in consultancy in contracts with those entities as well. The firm’s expertise includes negotiation and management of public contracts; public concessions; PPPs; management of public works contracts with a focus on budgeting, cost engineering and risk mitigation; preparation and follow-up of contractual claims for economic/financial adjustments with government bodies and government controlled corporations, including mechanisms for dispute resolution such as dispute boards and arbitration. The firm also advises and represents clients in administrative procedures before regulatory agencies and others relating to specialised administrative and judicial litigation.

Clients: The firm client base includes large public held companies, minority shareholders, financial institutions, fund managers, brokers, oil and petrochemical companies, real estate companies, infrastructure companies and the major pension funds entities.

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