If you want to establish a sales network and need commercial Agency Contracts, Distribution Agreements, Consultancy Agreements etc., we offer you tailor-made solutions.
If you are a specialized franchise company and want to expand to Brazil, we advise you concerning the Franchise Offer (Circular de Oferta de Franquia), and the adaptation of your contracts to the Brazilian legal norms.
When it comes to the acquisition of real estate, we attend to the formal documentation, run the due diligence and draft or check contracts, until entry in the Property Register. If desired, we can control the operation from Germany, and avoid the need to be in Brazil in order to complete the operation.
Are you buying goods or commodities from Brazil, or do you offer services in Brazil? Do you want to protect trademarks, patents, licenses, industrial designs or copyrights, or cede these rights to third parties? We ensure that your business is protected by the relevant contracts and that all requirements are met.
We are by your side obtaining and analyzing the Tender Notice (edital de licitação). We provide the necessary documents, including their legalization and translations.
In addition we offer a team in Brazil that can assist the tender, contesting the Tender Notice if necessary, or the offers of other bidders, being present during the opening of the envelops, etc.
We assist the contestation of competitors’ offers, and in the defense of any contestations to your offer, as well as in related litigation.
With your Company`s considerations in mind we recommend the best form of company structure for your subsidiary. For the chosen legal entity we draft the complete documentation in Portuguese (with German or English translation), and assist you in completing all the necessary documents and formalities, so that the company can be registered. Furthermore we take care of the required registration of foreign investments in the Central Bank of Brazil - BACEN, and obtain all necessary approvals, including with the tax authorities, INSS, FGTS, etc.
Under Brazilian Law the Manager of the company is required to have a residence in Brazil. An appropriate residence and work permit may be required. We offer solutions for this, as well as for the necessary representation of your company by a resident in Brazil.
Legal issues in labor, tax and IP / IT law are resolved as they arise.
We provide standard contracts, for example contracts for managing directors and proxies, as well as assistance in cooperation with our partners in Brazil.
If exporting to Brazil, we accompany you with legal documentation, and clarification of issues such as pricing, customs clearance, tax etc., in cooperation with foreign trade specialists.
When selling with international trade financing, we examine the conditions of the banking contracts.
We support the structuring of operations like M&A, joint ventures, fusions, splittings, etc. -We run the legal due diligence, and monitor the running of other due diligences such as finance, environment, etc., by our cooperation partners.
All documentation, commencing with the Letter of Intent, can be provided or checked by us. If any questions concerning Labor and Tax Law arise, we clarify them.
We advise you throughout the transaction: from the initial idea, through the contract negotiations, until closing.
We help you to take decisions and develop strategies for the solution of conflicts. When necessary we work together with colleagues in Brazil and Germany, be it in civil or arbitration courts.
German court orders need to be recognized by the Superior Tribunal de Justiça (Superior Court of Brazil) before they can be enforced. We perform this process in digital form from Germany.
MARCIA ZEITOUNE JANZEN, LL.M.