LS Brazil Outlook Brazilian insolvency regimes under scrutiny Oct
2020

Brazilian insolvency regimes under scrutiny

Reforms to insolvency laws currently under discussion might contribute to a more attractive business environment in Brazil, but there is room for further improvements. This issue of LS Brazil Outlook analyzes the most important bills that are now in Congress. The first article discusses why reorganization proceedings are not as effective (yet) as they were intended to be when the Business Insolvency Act was enacted in 2005. Alternatives to make debtor-in-possession financings more attractive to lenders, and pathways to overcome tax obstacles in insolvency regimes are the object of other articles. Finally, we analyze the importance of compensation of credits within insolvency proceedings of financial and similar institutions, in the context of the reform of the 46-years old insolvency law applicable to those institutions.

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LS Brazil Outlook Creditors still wait for their turn in reorganization proceedings 21
Oct
2020

Creditors still wait for their turn in reorganization proceedings

The Business Insolvency Act has been in force for fifteen years, and a bill to reform it could be passed soon. Proposed changes have the potential to modernize the insolvency framework, but there is room for even further improvement

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LS Brazil Outlook Pathway to overcome tax obstacles in insolvency proceedings 21
Oct
2020

Pathway to overcome tax obstacles in insolvency proceedings

Obstacles imposed by the Brazilian Business Insolvency Act (Act 11,101/2005) have historically hindered tax-efficient recovery plans and created challenges for insolvent companies to pay their tax debts and for creditors to receive the amounts...

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LS Brazil Outlook Bringing recovery and investment together: regulating “DIP financing” 21
Oct
2020

Bringing recovery and investment together: regulating “DIP financing”

Modernization of the Brazilian insolvency legislation is imminent and is likely to boost “DIP Financing” in Brazil. Legislators have the chance to fulfill the purpose of widening possibilities for corporate recovery alongside with evolving local...

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LS Brazil Outlook Compensation of credits and its key attributes 21
Oct
2020

Compensation of credits and its key attributes

A draft bill that modifies the resolution regimes of financial institutions is currently under debate in the House of Representatives. The proposed bill complies with the standard framework recommended by the Financial Stability Board and aims...

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Article An interview with Levy & Salomão Advogados discussing Dispute Resolution in Brazil 30
Sep
2020

An interview with Levy & Salomão Advogados discussing Dispute Resolution in Brazil

Partners Angela Di Franco and Rafael Zabaglia have been interviewed by Lexology to discuss dispute resolution in Brazil. Popular methods, recent trends and upcoming reforms are some of the topics that you can find here

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LS Brazil Outlook Capital markets sandbox: time to try 03
Sep
2020

Capital markets sandbox: time to try

Innovative products and services are disrupting the Brazilian capital markets on a daily basis. Regulation plays a crucial role, either enabling or inhibiting this process. For that reason, the Brazilian Securities Commission implemented a regulatory...

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LS Brazil Outlook ESG factors as investment opportunities in Brazil 03
Sep
2020

ESG factors as investment opportunities in Brazil

It is no news that ESG factors and investments have taken the country. There is a growing movement towards self-regulation in publicly listed companies in order to align their ESG practices and policies with international standards. Local asset...

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LS Brazil Outlook Attention to ESG policies and other trends in Brazilian capital markets 03
Sep
2020

Attention to ESG policies and other trends in Brazilian capital markets

This issue of Brazil Outlook discusses recent trends and developments in Brazilian capital markets and their potential to stimulate foreign investments. It discusses the increasing adoption of environmental, social and governance (ESG) policies...

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LS Brazil Outlook Regulatory challenges for more competition in Brazilian capital markets 03
Sep
2020

Regulatory challenges for more competition in Brazilian capital markets

In view of the recent debate on new rules to foster competition and a more efficient market structure, one of the main issues under scrutiny is the balance between competition, market integrity, accurate price discovery, transparency and best...

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LS Brazil Outlook Facilitated access to the Brazilian capital market 03
Sep
2020

Facilitated access to the Brazilian capital market

Recent changes on rules governing Brazilian Depositary Receipts (BDRs) have facilitated the access to the Brazilian capital market. These changes come at the very moment when the market encourages investments abroad

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Article Latest developments from brazilian insolvency courts 28
Jul
2020

Latest developments from brazilian insolvency courts

One of the immediate impacts of the ongoing covid-19 sanitary crisis is heavy systemic distress – debtors fail to timely perform their contracts in full, causing a ripple effect across the market. A few noteworthy decisions have been issued...

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LS Brazil Outlook Brazil’s 5G auction: major issues at hand 17
Jul
2020

Brazil’s 5G auction: major issues at hand

COVID-19 has compounded the complexity of issues around the auction of 5G spectrum to make yet another postponement of Brazil's 5G bid all but inevitable. Thorny key issues are still to be resolved; these include foreign policy tension around...

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