São Paulo Business Lawyer

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The São Paulo Business Lawyer represents clients with the establishment of companies, contracts, negotiations and related matters, transfers through the Brazilian Central Bank; Preparation and submission of applications for foreign capital registration with the Central Bank of Brazil. The Law 4131/62 defines foreign capital as “any goods, machinery, equipment, cash and financial resources that enter Brazil for the production of goods or services, or for investment in economic activities, provided that in either case they belong to individuals or legal entities resident, domiciled or headquartered abroad”. ALVES JACOB LAW FIRM register, monitoring and following up on foreign investments is the Brazilian Central Bank, while the Federal Revenue Secretariat is encumbered with the eventual taxation of these foreign investments. Also, foreign investors must translate their foreign currencies into Brazilian currency by entering into a foreign exchange contract with .Foreign investments in Brazil are usually made through the incorporation of a company, the opening of a branch or subsidiary, or through direct investments on the capital or financial markets, among others. Foreign capital is granted equal treatment to domestic capital and the Law prohibits any discrimination unless expressly prescribed. All companies needs legal advice, for several reasons, entrepreneurs need legal guidelines of different natures: labor, to hiring employees; tax, and sized for correct payment of their taxes; business, to ensure legal certainty in the planning and execution of business and investment , and always as a last resort to litigation, in the interests of the company before the courts. From the initial stage of a project, when future members intend to start a particular investment, business lawyer's role is to understand the business plan. He will have to listen, understand thoughtful strategy, the branch in which the company will act to only after reviewing all the information he brought propose the model most appropriate legal. In Brazil, the most common model is the incorporation of a limited liability company type (LTDA.), which represents more than 90% of Brazilian companies. However, there are several other structures that, depending on the case, may present more advantageous, as the conclusion of a business partnership (joint venture), the constitution of a corporation (SA) or the establishment of an overseas company. After drawing the best legal structure for the project will require the execution of several businesses. ALVES JACOB LAW FIRM warn about the possible risks in each business, suggesting the legal routes safer. At the end, the deal will be formalized by a contract, which is nothing more than giving written form to hit the negotiating parties, along with the strategies of their attorneys general accepted by customers. Therefore, except in consumer contracts generally, each business must generate a different contract structure.

In the expansion of its activities, it is common for healthy companies seek new financial contributions. This can occur by new investment partners or, which is quite common, the injection of capital by third parties. In the latter alternative, some options are taking loans from financial institutions (in Brazil or abroad - international funding), the entry of new partners in the company (which will not necessarily be administrators), the issuance of certain advantages to third party investors, as debentures, and larger enterprises, the IPO on the stock exchange. In evaluating the best path, among other elements, it is necessary that the entrepreneur is aware of the legal implications of each.

When a Brazilian company intends to invest abroad, a foreign company intends to invest in Brazil or even for the conclusion of a deal between companies from different countries, we are talking about international business. In this area ALVES JACOB LAW FIRM also can help, there should be more cautious, because inevitably one side will be trading based on the laws of another country, which brings repercussions legal responsibility (liability), taxation (taxation) and even effectiveness of compliance with contractual requirements (enforcement) which should be taken into consideration by the entrepreneur. In these businesses, the lawyer will negotiate and prepare contracts in English law, which is why it is important to have good knowledge of common law (law adopted in countries like UK, USA and India), and is recommended to the knowledge of the culture and institutions from different countries. This last detail can make all the difference in international negotiations, in which more than business deals with people.

ALVES JACOB LAW FIRM inform there are several other issues that the business will feel the need of the guidance of a corporate lawyer, as a protection to copyright, trademarks, patents, rights and telecommunications, among others. Every business generates specific demands, which must be treated as an individual. The lawyer plays a fundamental role in the strategies adopted by entrepreneurs, who, aware of the legal implications of their business, have a greater ability to scale risks, make decisions and make your business thrive.


Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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