7 June 2023
In a recent decision, the 1st Reserved Chamber of Corporate Law of the São Paulo Court of Appeals authorized levy of execution upon property of two members of a company for the payment of assets to a former member, due to enforcement of an action for partial dissolution of the company. The action for partial…
15 May 2023
By means of a preliminary injunction, the Federal Supreme Court (“STF”) justice André Mendonça stayed the processing of all actions in Brazil that challenge the legality of Federal Law No. 5.709 of October 7, 1971 (“Law 5.709/1971”) and of Decree No. 74.965 of November 26, 1974, which govern the purchase of rural properties by foreigners….
13 April 2023
April 2023 – Rossetti Advogados In a recent trial, the 3rd panel of the Superior Court of Justice (STJ) (REsp 1.824.891) decided that large-sized limited-liability companies, which are those that had, individually or jointly with other companies under common control, in the previous fiscal year, total assets equal to or in excess of R$240,000,000.00 or annual gross…
6 March 2023
On December 22, 2022, Law No. 14.478/2022, which regulates the market for crypto assets in Brazil, was signed into law. The new rule defines virtual assets, lays down general guidelines for the provision of virtual asset services, and includes in the Penal Code the crimes of fraud with the use of virtual assets, securities, or…
3 February 2023
February 2023 – Rossetti Advogados The new legal framework for the Brazilian exchange market took effect last December 31, 2002. It was established by Law 14.286 of 2021, which changed the rules for currency transactions in Brazil, abroad (for Brazilians), and the form of provision of information to the Central Bank of Brazil. The new…
2 November 2022
November 2022 – Brazil – Rossetti Advogados Law No. 14.451 was published on September 22, 2022, amending articles 1.061 and 1.076 of the Brazilian Civil Code, which relate to the quorum necessary to pass resolutions in limited-liability companies with respect to certain matters. Article 1.061 of the Brazilian Civil Code provided that the quorum to…
4 October 2022
October 2022 – Brazil – Rossetti Advogados In recent years, ESG (Environmental, Social and Governance) issues have gained more and more strength in the business world. In fact, consumers and investors began to prioritize, and even only consider, in their consumption and investment patterns, companies committed to environmental and social sustainability practices. However, what was…
2 September 2022
September 2022 – Brazil – Rossetti Advogados Resolution CNIG MJSP No. 46/2021, issued by the National Immigration Council, was published in the Federal Official Gazette on August 8, 2022 (D.O.U. of 08/08/2022, Ed. No. 149, Section 1, p. 37). This resolution amends Normative Resolution36/2018 on the grant of real estate investment visa to individuals who purchase real…
1 August 2022
August 2022 – Brazil – Rossetti Advogados The Central Bank of Brazil approved, on July 19, public consultation notice No. 91/2022, about a proposed normative act to regulate foreign capital in Brazil regarding foreign credit transactions and direct foreign investment. According to the Central Bank, the proposal seeks, first, to regulate certain aspects of the…
27 June 2022
July 2022 – Brazil – Rossetti Advogados As a rule, in limited-liability companies the members are not liable for the obligations assumed by the company. In fact, companies have what is called “legal personality,” which results in acknowledgment of their separation and independence from their members. However, in certain situations the law permits the piercing…
