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ARTICLE · 20 SEPTEMBER 2016

CVM Issues New Rules For Private Equity Funds

On August 30, 2016, the Brazilian Securities Exchange Commission (Comissão de Valores Mobiliários – "CVM") issued two new sets of rules relating to private equity funds.

BrazilCorporate/Commercial Law

On August 30, 2016, the Brazilian Securities Exchange Commission (Comissão de Valores Mobiliários – "CVM") issued two new sets of rules relating to private equity funds, (called Fundos de Investimento em Participações or "FIPs" in Portuguese). Instruction 578, creates new rules regarding the formation, management, and operation of FIPs. Instruction 579 addresses the preparation of the financial statements of FIPs and outlines the accounting criteria for the recognition, classification, and measurement of assets and liabilities.

Instruction 578 is the result of discussions between CVM and Brazilian private equity funds and aims to improve the former Instruction 391, which is now no longer in effect. According to Antonio Berwanger, CVM's commissioner overseeing market development, "the public hearing process permitted a broad debate with industry participants which brought important changes to the final wording of the regulations, which are now closer to international

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