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Insurance Update: Brazil Federal Regional Court

BRAZILIAN FEDERAL REGIONAL COURT: IMPORTATION AND COFINS-IMPORTATION APPLIES TO (RE)INSURANCE BUSINESS By Campos Mello Advogados, an independent law firm in Brazil in Cooperation with DLA Piper   The Brazilian Federal Regional Court recently unanimously decided that insurance policies and reinsurance agreements are equivalent to rendering of services; therefore PIS-importation and COFINS-importation (PIS/COFINS-importation) applies to premiums … Continue Reading

New Bill Proposal – Public Offering of Hotel Units || Projeto Regulador de Oferta Pública de Projetos Hoteleiros

 Analysis by Campos Mello Advogados in Brazil (in cooperation with DLA Piper) For more information, please contact Lynn Cadwalader (US). The Brazilian Securities Exchange Commission (Comissão de Valores Mobiliários – CVM) has submitted for public comment a proposal for a new ruling (Instrução Normativa) (the CVM Bill) − aiming to regulate the public offering of hotel-related … Continue Reading

Public Consultation RFB No. 011/2016 – BEPS’ Country-by-Country Report

By Alex Jorge, tax partner, and Marcelo Siqueira, senior tax associate, of Campos Mello Advogados in Brazil (in cooperation with DLA Piper) On November 7, 2016, the Brazilian Federal Revenue (“RFB”) released the draft of a proposed Normative Rule (Public Consultation RFB No. 11/2016 – click here) regulating the implementation of Country-by-Country Report (“CbC Report”) … Continue Reading

Brazil: Supreme Court suspends acquisition of rural land in São Paulo by Brazilian companies controlled by foreign entities

The Brazilian Supreme Court recently suspended the permission granted by Normative Opinion No. 461/12E, issued by the General Internal Affairs of State of São Paulo (Corregedoria-Geral de Justiça de São Paulo) in December 2012, which had recently permitted the acquisition of rural properties in the State of São Paulo by Brazilian companies controlled by foreign … Continue Reading

Changes on the analysis and recognition of so-called “highly renowned” trademarks in Brazil by the INPI || Alterações com relação à análise e reconhecimento das marcas de alto renome no Brasil pelo INPI

On October 18th, the National Industrial Property Institute (INPI) published Resolution INPI/PR 172/2016, to improve the analysis and recognition of so-called “highly renowned” trademarks in Brazil. The alterations brought by the new resolution were formulated based on the suggestions of associations involved in the industrial property area, such as the Working Group on Trademarks of … Continue Reading

STJ Strikes Down Validity Of Arbitration Clause In Franchise Agreement Based On The Rules On Specific Acceptance In Adhesion Contracts

In a decision issued in September 2016, the Superior Tribunal of Justice (STJ) – the highest court for non-constitutional matters, with responsibility for harmonizing interpretation of federal laws by the state and regional federal courts of appeal – analyzed (among other matters) the validity of arbitration clauses in franchise agreements in Brazil, in Special Appeal … Continue Reading

New Brazil’s ANVISA Rules Expand Facilities for Investors in Life Sciences

On August 25, 2016, Brazil’s National Health Surveillance Agency (“ANVISA”) granted a new resolution (“RDC”) to improve a bordering field of the product registration process. This new procedure aims to address reported problems concerning red tape slow process of ownership transfer of registered products before Health Surveillance Agencies.… Continue Reading

BRAZILIAN GOVERNMENT ANNOUNCES NEW PACKAGES OF MEASURES TOWARDS PRIVATIZATION OF PROJECTS AND ASSETS

With the conclusion of former President Dilma Roussef’s impeachment procedure, the government of President Michel Temer announced, on September 13, its first set of infrastructure projects to be privatized, whether by concession or by assignment. The announcement was followed by the publication of Resolution nº 1 of the Council for the Investment Partnerships Program, regulating … Continue Reading

Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents: Brazil

Aiming for a more prompt notarization system, Brazil has joined as one of the signatory countries of the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (“Convention”). The Convention was approved by the National Congress on July 06, 2015, enacted on January 29, 2016 by the Decree No. 8,660, and will … Continue Reading
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