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  • Article

    Considerations On Due Diligence In The Trademark Area

    In corporate transactions it is extremely important to conduct a prior and detailed investigation over juridical aspects related to the target company before the closing of any deal. This investigation is known as due diligence.
    BrazilIntellectual Property
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  • Article

    "Crowdsourcing": When The Crowd Is Part Of The Solution

    The meaning of the word "crowdsourcing" may still be unknown to many people. Despite such, there is a great chance that a person, or even a company, has already taken part in a "crowdsourcing" without having a clear understanding of its definition and significance.
    BrazilMedia, Telecoms, IT, Entertainment
    Demarest
    Demarest
  • Article

    Debit Balance Offsetting: From A Benefit To Companies To A Thorn In Their Side

    The tax offsetting, currently regulated by Federal Revenue's Normative Instruction (IN/RFB) no. 1 300/12, is a tool extremely effective for companies computing or accruing credits subject to offsetting.
    BrazilTax
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  • Article

    Reduction Of Social Security Contributions On Payroll

    To foster the growth of some sectors of the Brazilian economy, the Federal Government enacted Law no. 12546/2011 (resulting from the conversion of Provisional Measure no. 540/2011 - Brasil Maior Plan), which reduces the social security contributions levied on the remuneration of employees and individual taxpayers ('Employer's Portion' - portion payable by the employer) in certain sectors ...
    BrazilTax
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  • Article

    Structures For The Transfer Of A Business In Brazil

    Whenever the intention is to transfer a business, there are some structures that may be adopted and the choice will mainly depend on the specifics of each case. Therefore, the choice for one structure or another shall be made on a case by case basis
    BrazilCorporate/Commercial Law
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  • Article

    The New Rules On The International Sale Of Goods

    As promised, we shall continue to review the new rules on the international sale of goods and how it has changed Brazilian law.
    BrazilInternational Law
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  • Article

    Da Composição Do Patrimônio Líquido Nas Demonstrações Financeiras.

    A composição do patrimônio líquido tem suscitado certas dúvidas em algumas sociedades, quando da elaboração de suas Demonstrações Financeiras.
    BrazilCorporate/Commercial Law
    Demarest
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  • Article

    Piercing Of The Corporate Veil Under The Consumer Protection Law - Interpretation Of Par. 5, Article 28 Of The Consumer Protection Code

    Under the Consumer Protection Law, the piercing of the corporate veil is an issue that still raises controversies - in view of its significant practical effects, especially to suppliers - and involves the following questions: is it necessary to exist fraud or abuse of right by the partners ..
    BrazilConsumer Protection
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  • Article

    New Rules For The Incorporation, Control And Election Of Managers Of Financial Institutions

    As promised on our article of December 6, 2012, this article deals with some additional modifications in the procedures for the incorporation, control and election of managers of financial institutions.
    BrazilCorporate/Commercial Law
    Demarest
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  • Article

    Employment Protection Program: An Alternative For Companies To Overcome The Current Economic Scenario

    The current economic scenario has led many companies to look for alternatives to face this moment of retraction
    BrazilEmployment and HR
    Demarest
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  • Article

    Brazilian Bank Credit Note ("CCB") And Security Therefor

    Brazilian Law No. 10,931/04 ("CCB Law") has brought significant improvement to financial and capital markets in the country.
    BrazilFinance and Banking
    Demarest
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  • Article

    Monetary Plans, Constitutionality And Preservation Of Legal Certainty In The Brazilian Market

    The trial by the Plenary of the Federal Supreme Court on the inflation adjustment criteria, which the economic stabilization plans applied to savings accounts and now, decades later, may bring about an impact of billions of dollars to the Brazilian financial system, commenced in November 2013, and is still pending.
    BrazilFinance and Banking
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  • Article

    Construction Contracts Under The Brazilian Law

    According to the Brazilian Law, construction contracts ("contratos de empreitada") are a sort of contract whose purpose is not the rendering of services alone but also the completion of the work by the contractor in compliance with the project developed/designed by the architect.
    BrazilReal Estate and Construction
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  • Article

    Change In The Brazilian State VAT Law

    To settle a long-standing quarrel over the sharing of the Brazilian state VAT revenue, federal lawmakers have decided to change the Federal Constitution by approving the Amendment to the Constitution n.º 87.
    BrazilTax
    Demarest
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  • Article

    The ISS Service Tax And Leasing - The Opinion Of The Superior Court Of Justice

    The ISS tax was always paid by lessors under the presumption that on provision of services in their establishments, the law defining the authorities entitled to collect the ISS tax was being complied with.
    BrazilTax
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  • Article

    Electric Power Concessionaires Prevented From Resorting To Judicial Reorganization

    Until the enactment of Provisional Presidential Decree 577 on August 29, 2012, later transformed into Law no. 12.767/2012, electric power concessionaires and licensees had the possibility of resorting to the judicial or extrajudicial reorganization procedure under Law no. 11.101/2005 to seek a solution to their financial problems.
    BrazilEnergy and Natural Resources
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  • Article

    Petroleum Transactions In Brazil And The Requirements On The Prior Approval By The ANP

    Petroleum companies are constantly changing its assets portfolio across the globe guided by a combination of factors.
    BrazilEnergy and Natural Resources
    Demarest
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  • Article

    Unconstitutionality Of The Thirty-Year Statute Of Limitations Applied To The Guarantee Fund For Length Of Service (FGTS) Declared By The Brazilian Supreme Court

    The Guarantee Fund for Length of Service (FGTS) is a legal and constitutional right that aims to protect the Brazilian employees in case they are terminated without cause by their employers.
    BrazilEmployment and HR
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  • Article

    Effects Of The New Brazilian Code Of Civil Procedure On Tax Proceedings

    The new Brazilian Code of Civil Procedure (CPC) enacted by Law nº 13105/2015 and enforceable as of March 2016 will affect all pending civil claims, including those of tax nature that are also governed by the rules of said code.
    BrazilLitigation, Mediation & Arbitration
    Demarest
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  • Article

    Brazilian Internal Revenue Service: Results Of 2014 And What To Expect For 2015

    The Brazilian Internal Revenue Service released on 03/05/2015 a report with the outcome of federal tax inspections carried out during the year of 2014.
    BrazilTax
    Demarest
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