Foto FINANCIAL AND BANKING MARKET

Expertise

FINANCIAL AND BANKING MARKET

Financial acts, contracts, operations and disputes.

With professional experience and studies in financial law and regulation, our team knows the meaning and scope of regulations that are applicable to the financial market and to market infrastructures and payment schemes.

Thus, our office develops tailored solutions for issues referring to the law and regulation of the financial system––and its clients include banking conglomerates; cooperative systems and credit unions in general; consortium administrators; insurance companies; foreign exchange brokers; and securities distributors.

Sistema Financeiro Nacional (1)

Concerning consultancy, we offer specific legal consultancy and assessment for the following:

  • interpretation and application of legal and regulatory National Monetary Council (Conselho Monetário Nacional/CMN) and Central Bank of Brazil standards;
  • authorization for the constitution, operation, and corporate acts of national and foreign financial institutions;
  • financial institution governance, control and risk management structures;
  • corporate acts and contracts in general;
  • preparation and analysis of financial operations and contracts;
  • audits and due diligence for regulatory compliance of products, services, operations and operating institutions (regulatory compliance);
  • legal audits to measure or evaluate contingent liabilities;
  • credit cooperatives; and
  • prevention of money laundering;

Within the scope of administrative litigation, we defend the interests of our clients in the following:

  • inspections and other supervisory actions by the Central Bank of Brazil and Securities and Exchange Commission;
  • administrative sanctioning proceedings referring to the Central Bank of Brazil, the Securities and Exchange Commission, and the National Financial System Resources Council;
  • Special Intervention Regime;
  • Special Extrajudicial Settlement Regime; 
  • Temporary Special Administration Regime; 
  • and negotiation and conclusion of Terms of Commitment and Administrative Agreements in Supervision Processes.

Within the scope of judicial litigation, we defend creditor companies in the following:

  • extrajudicial transfer and enforcement of collateral, such as consolidation of fiduciary property;
  • collection and recovery of assets;
  • defense of credits, operations and contracts in legal proceedings in general;
  • qualification and challenge of credits in recovery or bankruptcy processes; and
  • objection to business recovery plans.
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