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Change in rule regarding foreclosure on properties that are subject to fiduciary sale in guarantee
Federal Law No. 13,476/17, published on August 29, may have a major impact on the relationship between creditors and debtors in default when the asset is subject to a secured fiduciary sale in guarantee (alienação fiduciária em garantia).
Cade's rigorous analysis of M&A transactions
This year, the Administrative Court of the Administrative Council for Economic Defense (Cade) has already rejected 50% more M&A transactions than in the almost five-year period between 2012, when the current Antitrust Law entered into force, and 2016.
New Brazilian Code of Civil Procedure establishes systematic framework for choice of foreign forum in international contracts
International transactions, especially those carried out en masse through electronic commerce, and Brazilians’ interactions with foreigners nowadays occur with a similar level of ease as domestic transactions.
Brazil's responses to BEPS
Aiming at counteracting tax planning used by multinationals that take advantage of the heterogeneity of the international system to reduce their overall global tax burden, the Organization for Economic Co-operation and Development (OECD) and the Group of 20 (the so-called G-20, which includes the 19 largest economies in the world and the European Union) started in 2013 the Base Erosion and Profit Shifting (BEPS) Project.
Does the new Outsourcing Law apply to relations concluded prior to its enactment?
The new Outsourcing Law (13,429/2017) allowed for the hiring of third parties for all types of services, including those related to a company’s core business activity, but application of the law is raising questions. For example, does it apply to contracts in force and concluded in the past? Can the new law be applied in lawsuits discussing the legality or not of this type of outsourcing?
Cetesb initiates application of provisions of new legislation on the management of contaminated areas in the State of São Paulo
The Environmental Company of the State of São Paulo (Companhia Ambiental do Estado de São Paulo or “Cetesb”) has already been demanding the payment of the charge for the issuance of technical advice on intervention plans for the reuse of contaminated areas. The charge starts at 750 São Paulo State Fiscal Units (UFESPs), which is currently equivalent to R$ 18,802.50. Such amount must be added to the result of a formula that involves the factor of complexity of the sources of pollution provided for in State Decree No. 8.468/1976, and the total area of the undertaking.
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