CAPITAL MARKETS

The area assists clients in several issues regarding Capital Markets and Securities Regulation, which includes assistance to issuers and investors in specific operations (mandatory or voluntary offers). It assists issuers, brokers/dealers and investors in deals including IPOs and capital closings, securities issuance and offering, in addition to routine filings and disclosure. Furthermore, it provides consultancy to regulated agents (companies, funds, brokers, asset managers and regulated agents’ officers) to comply with legislation and regulation. Our Capital Markets and Securities Regulation team also has expertise in investment fund structuring and associated deals.

The team defends regulated agents in enforcement actions brought by the CVM (Brazilian SEC), the Brazilian Central Bank and BSM (the Stock Exchange Self-Regulatory Authority), having broad experience in negotiation of settlement agreements and presentation of administrative defense. Finally, along with the firm’s Dispute Resolution team it represents clients in lawsuits or arbitration procedures related to securities or financial markets.

 

Recent Representations

■ Assisted a copper mine in its transition from Level 1 of Corporate Governance of BM&FBovespa to the New Market of Bovespa;
■ Assisted an electricity distributor in its public offering to acquire minority shareholders;
■ Assisted a publicly-held company in its provision of clarifications to B3 and CVM, regarding undue bankruptcy requests;
■ The team structured a share swap agreement between the controlling shareholder and a relevant minority shareholder, followed by an offer to the other minority shareholders;
■ Advice on asset manager accreditation before the CVM;
■ Consultancy to shareholders in a deal that involved merger of a participating fund in the controlling group of a publicly-held company;
■ Assist publicly-held companies in the negotiation of contracts with the Directors and Officers, and also provide information related to the CVM and the market;
■ Defend an investment agent in an enforcement proceeding before the CVM, due to accusations of irregular management of portfolio and churning;
■ Assistance to regulated agents in administrative proceedings brought by the CVM related to insider trading practices.