MNA newsletter Jan,2010

 

Before buying land in São Paulo, get to know environmental laws

Roberto de Pádua Cosini
Partner, Miguel Neto Advogados Associados, Environmental Law specialist

rpc@mnadv.com.br
55 11 5502 1218

For those willing to invest in the State of São Paulo, Brazil, buying companies, sheds, land, etc., or renting their respective areas, getting acquainted with the applicable provisions of State Law No. 13577 of July 8, 2009 is recommended. Said law provides for policies and procedures for soil quality protection and management of contaminated areas.
 

Capitalization of compound interest and late payment surcharge:
abusive clauses in banking contracts

Marcel Yuji Bando
Lawyer, Miguel Neto Advogados Associados, Civil Law specialist

myb@mnadv.com.br
55 11 5502 1259

Revolving credit facility arrangements, identified as adhesion contracts, that is, one in which the party who takes out the bank services cannot change the contents of the contract, usually provide for clauses requiring payment of various abusive charges by borrower in the event of default. 

 

Maternity leave extended in Brazil

Welton Guerra
Lawyer, Miguel Neto Advogados Associados, Laborl Law specialist

wes@mnadv.com.br
55 11 5502 1288

A new rule effective from January 2010 provides for an additional 60-day maternity leave – on top of the 120-day-leave currently in force – allowable to female employees working at Brazilian legal entities.

 

Deductibility of interest paid to related parties shall conform to new rules

João Felipe de Paula Consentino
Partner, Miguel Neto Advogados Associados, Tax Law specialist

jfc@mnadv.com.br
55 11 5502 1249

Published on December 15, 2009, Provisional Measure no. 472 introduced into the Brazilian Income Tax laws new rules governing deductibility of interest paid or credited by a company located in Brazil to related individuals or legal entities resident and/or domiciled abroad for purposes of calculation of Income Tax (IRPJ) and Social Contribution on Net Profit (CSLL).

 

CVM latest rules and their impact on international investors

Mariana Noronha Muniz
Lawyer, Miguel Neto Advogados Associados, Corporate Law specialist

mnm@mnadv.com.br
55 11 5502 1256

Two brand-new regulations introduced by the Brazilian Securities and Exchange Commission (CVM), promise to make the market more understandable for the public and the lives of the companies a little bit more complicated – to say the least!

The diversity of common interests between bric members
does not slow down investments in brazil

Carlota Berault Moreira
Lawyer, Miguel Neto Advogados Associados, Civil Law specialist

cbm@mnadv.com.br
55 21 3852 0702

The so-called BRIC countries (Brazil, Russia, India and China) do not form an economic bloc (as the European Union), or a common trade association (as Mercosur), but an alliance consisting of several treaties of commerce and cooperation signed in 2002. Such an alliance was proposed among these countries for they share economic conditions with a similar development index. Nothing precludes this group from acting informally in economic and international policy affairs to wield influence thereon, as with the letter of claims addressed to the IMF by late 2008.

 

Brazil may invest US$ 388m (BRL 677m) in ports for the World Cup
(Source: Daniel Popov / Agência Estado)

Law no. 12187/2009 - Establishes a National Policy on Climate Change – PNMC 
(Cristina Rodrigues Wolter Sabino de Freitas – lawyer, Miguel Neto Advogados Associados, Environmental Law specialist)

Leader in resources, Petrobras invests in carbon sequestration initiatives
(Cristina Rodrigues Wolter Sabino de Freitas – lawyer, Miguel Neto Advogados Associados, Environmental Law specialist)

How the underwhelming Copenhagen accord could yet turn into a useful document 
(Source: From The Economist print edition - Dec 30th 2009)

National Fund on climate change
(Cristina Rodrigues Wolter Sabino de Freitas – lawyer, Miguel Neto Advogados Associados, Environmental Law specialist)

Agreement that waives the necessity of translating - Mercosul and State Parties
(Source: Atene Law Consulting, 16/12/2009)

2010 the peak years of investment in infrastructure and a new hope in the fight against unemployment
(Cristina de andrade Salvador– Partner, Miguel Neto Advogados Associados, Corporate Law specialist and Develop of New Business and Angelica Topan - Develop of New Business Intern)