Capital markets and banking

The capital markets and banking practice area is dedicated to funding transactions in the capital markets, through structured finance deals or the issuance of debt or equity securities, as well as assistance in regulatory matters. We mainly advise financial institutions, payment institutions, and other entities regulated by the Brazilian Central Bank (BACEN) and the Brazilian Securities and Exchange Commission (CVM), both public and private companies, financial consultants, and investors. In addition to providing legal advice on the structuring of strategic transactions, from modeling to implementation, we also provide consulting services related to banking and capital markets law and represent clients in administrative proceedings before the CVM, the BACEN, the National Financial System’s Appeal Council (CRSFN), and the Brazilian Association of Financial and Capital Market Entities (ANBIMA).

Structuring and public offerings

• Structuring of securitization transactions and other structured products, such as receivables investment funds (FIDC), receivables certificates (CR), structured debentures, real estate investment funds (FII), investment funds in agribusiness productive chains (FIAGRO), and private equity funds (FIP), with focus on proposing efficient structures, including from a tax perspective, legally robust and suitable to the client’s needs.

• Issuance and public offering of debt securities, such as debentures and commercial notes.

• Funding transactions for the real estate market, through the structuring of real estate investment funds (FII) or the issuance of real estate receivables certificates (CRI).

• Funding transactions for the agribusiness market, through the structuring of investment funds in agribusiness productive chains (FIAGRO) or the issuance of agribusiness receivables certificates (CRA).

• Funding transactions for companies or ventures, including through the structuring of private equity funds (FIP).

• Structuring and advisory related to financial investment funds (FIF) and other investment funds regulated by the CVM.

• Tender offers for the purchase of securities, including for purposes of delisting public companies.

• International funding transactions, through the issuance of bonds abroad and tender offers for the purchase of the same securities.

Banking and capital markets regulation

• Matters related to federal legislation and regulations of the National Monetary Council (CMN) and the BACEN regarding the operation and duties of financial institutions, payment institutions, and other entities regulated by the BACEN, and other related matters, such as Basel requirements, lending limits, foreign exchange, derivatives, payment arrangements, and shadow banking.

• Matters related to federal legislation and regulations of the CMN and the CVM regarding the operation and duties of entities regulated by the CVM and other related matters, such as investment funds, public offerings, and conduct and transparency rules.

• Registration before the BACEN, the CVM, and the ANBIMA for incorporation of financial institutions and payment institutions and authorization for regulated activities, such as portfolio management, custody, and bookkeeping.

• Assistance to issuers, investment funds administrators and managers, and investors at debentureholder meetings, investment fund quotaholder meetings, and other meetings of securities holders.

• Assistance to individuals and legal entities in administrative proceedings before the BACEN, the CVM, the CRSFN, and the ANBIMA.

• Assistance, particularly to associations and entities representing participants of the financial and capital markets, in public hearings and other consultations relating to banking and capital markets regulations.