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Brazilian National Monetary Council regulates credit fintechs
After extensive discussion with market participants by means of the Public Consultation No. 55/2017, published by the Central Bank of Brazil (Bacen) on August 30, 2017, the Brazilian National Monetary Council (CMN) issued Resolution No. 4,656 on April 26, which created two new types of financial institutions specialized in loan transactions using electronic platforms: direct lending companies (SCD) and peer-to-peer lending companies (SEP).
Setting the issue price of shares in capital increases of corporations
In capital increases of corporations, the share issue price is set by the body responsible for resolving on the capital increase, namely a general shareholders’ meeting or, in the case of companies with authorized capital, the board of directors. However, the resolution approving a capital increase and setting the issue price of new shares may generate controversy and, although discretionary, these decisions cannot be arbitrary.[1] Therefore, they may be reviewed by the Brazilian Securities and Exchange Commission (CVM) and by the Courts, should they cause unjustified dilution for the shareholders.
Compliance officers’ liability and insurance coverage
In the current context of fighting corruption and strengthening a culture of ethics and corporate governance, there may be uncertainty about the role and duties of compliance officers and the insurance coverage for the risks incurred by them.
Application of the Labor Reform to employment agreements prior to November 11, 2017: violation of accrued right?
Since the enactment of the Labor Reform (Law No. 13,467/2017, effective as of November 11, 2017), there has been much debate about the possibility of applying the changes in the rules of substantive law to employment agreements entered into before the Reform.
The challenges of installing offshore wind farms in Brazil
If the high costs resulting from the construction and maintenance of offshore wind farms were not enough, the sector also faces legal uncertainty due to the lack of regulations for environmental licensing.
Regularization and adaptation of access to genetic heritage according to the new legal framework for biodiversity
Ordinance No. 01/2017 of the Genetic Heritage Management Council (CGEN) and Federal Law No. 13,123/15 (the new legal framework for biodiversity, which repealed Presidential Decree No. 2,186-16/2001) established the date of November 6, 2018, as the final deadline for regularization or adaptation in the National System of Management of Genetic Heritage and Associated Traditional Knowledge (SisGen).
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