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Use of WhatsApp as a tool for communication
In considering the use of the application WhatsApp for procedural summons as valid, the National Justice Council (CNJ) has set an important precedent for using this tool for communication in all courts in Brazil.
An analysis of Bacen’s and the CVM’s "new" administrative disciplinary process
Provisional Measure No. 784, published on June 8 ("MP 784"), brought in profound changes to the administrative disciplinary process in the Brazilian financial system and capital markets, within the sphere of action of the Central Bank of Brazil ("Bacen") and the Brazilian Securities and Exchange Commission ("CVM").
Regulating bitcoins
The House of Representatives will discuss in a public hearing the Draft Law No. 2,303/2015, which proposes the inclusion of virtual currencies, such as bitcoin, and air mileage programs in the definition of payment arrangements under the supervision of the Central Bank of Brazil (Bacen). To this end, the draft bill provides for amendments to Law No. 12,865/13 and Law No. 9,613/98.
BNDES has new risk allocation policy for the sharing of guarantees
The National Bank for Economic and Social Development (BNDES) settled an agreement at the end of June to share guarantees with public and private banks that act as guarantors in infrastructure projects.
Controversies in the formation of the ICMS tax basis by tax substitution
Covenant No. 52/2017, recently issued by Confaz (National Finance Policy Council), followed the understanding of the Second Panel of the STJ (Superior Court of Justice) in the sense that the ICMS due under the withholding regime (ICMS-ST) is embedded in its own calculation basis.
The current scenario of leniency agreements in cases of corruption
The Ministry of Transparency, Supervision and Control (CGU) and the Federal Attorney General's Office (AGU) announced on July 11 a leniency agreement with UTC Engenharia, the second one signed under the terms of the Anti-Corruption Law (12,846/2013) and the only one in force in Brazil, signed by an internal control agency.
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