The office is able to assist financial institutions, credit agencies and companies in various forms, structures and domestic or international bank financing agreements, whether corporate credit operations or structured transactions, including project financing.
We also advise all financial players regarding compliance with Brazilian Central Bank and Brazilian Securities and Exchange Commission rules (CVM in portuguese).
Monteiro & Neves serves listed companies and especially their management in their daily corporate activities, assisting in the decision making process, aiming to identify and mitigate the liability risks related to such decisions.
We are able to draft, review and implement codes of best practice, compliance with the standards issued by the Securities and Exchange Commission, Brazil, “Balcão” (B3), including the preparation of answers to questions raised by such regulatory bodies.
We advise companies, controlling shareholders, administrators and members of the fiscal committee in sanctioning administrative proceedings filed by the CVM, as well as lawsuits, which seek liability for damages caused, among others, by mismanagement, abuse of voting power, breach of loyalty duty or modification of the object of the company.
In addition, we are able to represent minority shareholders to defend their rights as a result of abuse of the controller’s power, as well as other attitudes that may cause harm to the companies themselves or to minority shareholders.
We have long experience in business and civil law, having represented numerous clients in the structuring, drafting and negotiation of contracts in their numerous species.
We provide legal advice on both prevention and dispute resolution involving consumer law. Our professionals have extensive experience with consumer protection agencies and consumer protection entities (Procon, Public Prosecutor, National Consumer Secretariat of the Ministry of Justice, Consumer Precincts).
Also, our professionals have years of experience in conducting administrative and judicial proceedings involving consumer law.
Our firm has extensive experience in various matters related to Insolvency, Restructuring and Corporate Recovery, representing clients in judicial and extrajudicial recoveries and bankruptcy, as well as other insolvency proceedings, acting in all appropriate instances in the course of judicial or extrajudicial proceedings.
Monteiro & Neves operates in project structuring, development and financing, operating in project financing operations through local banks, capital markets or transactions involving multilateral agencies, export credit agencies and other international financiers.
We are able to advise on project development, joint venture formation and the preparation and negotiation of underlying contracts, as well as supply contracts and other contractual instruments required for financial projects.
Also, we have joint action of tax, real estate, labor and others areas that are necessary and relevant to each project.
We are capable of structuring investment funds, including Real Estate Investment Funds – FII, Equity Investment Funds – (FIP in portuguese) and Credit Rights Investment Funds – (FIDC in portuguese).
We advise our clients on the entire structuring process, including initial discussions on the type of fund, its fiscal aspects, its governance and management structure, preparation and review of relevant documents, and follow-up on the entire fund filing process the Brazilian Securities and Exchange Commission (CVM in portuguese).
In addition to structuring investment funds, we also advise our national and international investor clients on all other aspects of business, such as structuring and fundraising, making investments, portfolio management and divestment.
We are constantly looking for creative investment strategies that enable the best, most efficient and secure business for our clients.
Monteiro & Neves lawyers have represented several clients in various types of corporate transactions, having extensive experience in mergers and acquisitions, including the formation of joint ventures and corporate restructurings.
Our practice includes knowledge to lead and coordinate audits involving all areas of law, representing both buyers and sellers.
In this area, we rely on the joint action of the tax department for the analysis of structures and risk assessment.
Monteiro & Neves is recognized for its expertise in real estate law, having participated in transactions and issues involving complex and challenging projects, advising its clients on property acquisitions focusing on identifying risks arising from the domain chain, in order to propose effective solutions for resolution of such issues.
Our experience also cover real estate development, building condominiums, leases, built-to-suit, all types of real estate collateral, surface rights, possession, domain and adverse possession.
Also, in the real estate law area, our lawyers work in structuring transactions with properties subject to judicial constraint or distressed assets in order to enable the acquisition with considerable economic benefit to our clients.
Our in-depth knowledge of all aspects of foreign investment in Brazil entitles us to advise foreign investors, as well as their counterparts in all stages of investment, from the establishment of the domestic vehicle, compliance with foreign exchange rules applicable to repatriations of capital.
In capital market law, Monteiro & Neves is entitled to represent in Court, arbitration and administrative proceedings investors injured by acts of misrepresentation, breach of fiduciary obligation, omission of information regarding the risk of investment, breach of the duty of loyalty, among other acts contrary to the principles and regulations of the capital market.
In addition, we have deep knowledge in securities issues and private placements. In the relationship with the Brazilian Securities Commission, we operate in administrative procedures for registration of public offerings, requests for waiver of requirements, sanctioning procedures, including formalization of commitment and administrative agreement, among others.
Monteiro & Neves is also able to provide advisory services in the most varied operations, such as public offering of shares, issuance of debentures, commercial promissory notes, ebonds and various other types of securities with coverage in multiple economic sectors and societies.
Monteiro & Neves lawyers have a solid performance in the implementation of assets and succession reorganization through the use of corporate and investment structures, domestic and foreign vehicles, aiming at better asset management and perpetuation and succession management, in addition to greater tax efficiency, and in this case, the action is joint between the corporate, capital market and tax areas.
Monteiro & Neves advises its clients in all aspects of its corporate activities, such as: incorporation of companies; carrying out corporate reorganizations in general (mergers, acquisitions, incorporations and others); preparation of corporate acts (partners meetings, general meetings, amendments to articles of incorporation, among others); as well as the registration of these documents and compliance with corporate rules.
Our corporate law team is knowledgeable in the corporate laws applicable to listed companies and other companies, which provides them with sound advice regarding the interests of our clients.
Monteiro & Neves has a strong performance in tax litigation. We have assisted our clients in tax disputes falling within the competence of the Federal Government, States and Municipalities, as well as in creating strategies for the recovery of unduly paid taxes.
In Judicial Litigation we focus on the development of new tax theses based on precedent studies or even on the constructed claim of the best national and international doctrine. Also, performance in tax executives, debt cancellation actions and procedures for equalization and composition of tax liabilities.
In Administrative Litigation, Monteiro & Neves has represented its clients before the Administrative Council of Tax Appeals (CARF, in portuguese), in the State Administrative Courts, in particular, the São Paulo State Tax and Fees Court and the Municipal Administrative Courts, with a regular follow-up of relevant precedents.
In addition, we are equipped to perform tax review procedures for tax assessments specific to the effective tax diagnosis, verifying the existence of any credits that may be used, as well as contingencies and their remediation.
Monteiro & Neves has recognized performance in the Tax Advisory with the development of tax planning, aiming at the adoption of the best tax regime, within the peculiarities of each company, preparation of consultations and opinions, as well as bringing and questioning special regimes.
We also advise our clients in determining tax contingencies in the purchase and sale of companies, preparing preventive analysis of tax procedures.
We advise on taxation in: financial, capital, insurance, healthcare, M&A, foreign and real estate investment structuring, transfer pricing, double tax avoidance agreements, succession and individual wealth planning, corporate taxation schemes, plans social security compensation, federal tax benefits, foreign trade taxation and tax benefits.
We have a strong performance in labor litigation, successfully representing our clients in lawsuits and administrative proceedings, obtaining a high rate of total as partial unfounded.
In administrative proceedings, we monitor labor and social security inspections, as well as investigations conducted by the Labor Public Prosecutor (MPT, in portuguese).
In litigation prevention, we have developed internal policies aimed at adapting labor and social security practices to legal requirements and jurisprudential guidelines applicable to each business reality.
We also participated in negotiations with unions for the elaboration of collective labor instruments, aimed at resolving conflicts and aligning interests.
Monteiro & Neves is also able to lead labor and social security due diligence processes, which the procedures used by the company in its relationship with its employees are investigated and evaluated, to identifying any inappropriate procedures adopted that may lead to contingencies. Implementation of measures to solve or mitigate potential risks detected during due diligence.
