KEEPING UP WITH THE EVOLUTION OF SOCIETY AND CHANGES IN REGULATORY STANDARDS IS A GREAT CHALLENGE FOR PRIVATE PENSION ENTITIES, THEIR MANAGERS, AND THEIR SPONSORS. OUR PROFESSIONALS HAVE LEGAL INTELLIGENCE TO DEFEND THE INTERESTS OF INDUSTRY PLAYERS AND OFFER INNOVATIVE SOLUTIONS TO ENABLE AND DEVELOP BUSINESS IN THE SECTOR.
Our multidisciplinary team offers solutions that help closed private pension entities to gain efficiency and reduce risks, finding a balance between regulatory, contractual, civil, labor, real estate, and tax aspects.
We provide advice to our clients and represent them in litigation and preventive matters, in the various forms of disputes with companies, participants, or the original parties. We act before courts, administrative authorities, and regulatory agencies, including the National Superintendence for Pension Funds - PREVIC. We participate in arbitrations and support clients in preliminary discussions to prevent or reduce the impact of disputes, always seeking the best results with a high degree of effectiveness, creativity, and efficiency.
We also provide legal guidance to entities in possible regulatory changes and corporate restructuring or in relation to governance aspects, with a focus on mitigating the legal risks of investments.
We provide preventive and strategic consulting and advice in litigation on topics such as:
- Legal disputes involving collective actions;
- Restructuring transactions, taking into account the rules and standards laid down by PREVIC, CMN, CVM, and ANS, including those regarding benefit plans (withdrawal of sponsorship, closing, demerger, migration, transfer etc.);
- Contributory parity and its consequences;
- Review of benefit plans, including as a result of financial-actuarial imbalance (surplus/deficit);
- Protection of benefit calculation rules (age requirement, labor consequences, inflationary benefit expirations, calculation rules for other plans for increase of benefits of participants/original parties, incidence of gratuities, premium etc.);
- Assistance benefits;
- Governance of corporate bodies with review and adjustment to prevailing rules in accordance with best practices of market governance;
- Investment structuring based on PREVIC, CMN, and CVM rules and standards
- Audit of investments made in the past, with the issuance of an opinion on compliance;
- Actions involving the liability of managers of investments
- Organization of FIIs;
- Assistance in the regularization of real estate and in the definition of the best tax and real estate structure for the adjustment of the Pension Funds to the new regulation introduced by CMN Resolution No. 4,661/2018.