Entries by Dr. Plínio G. Prado Garcia

German Lawyer joins our International Team

Prado Garcia Advogados is pleased to announce that Dr. Claudia Bärmann Bernard has joined our team as consultant for international, European and German Law, expanding our legal services in international commercial and corporate matters. Dr. Claudia Bärmann Bernard is a German lawyer and former judge with a doctorate of law. She is fluent in German, English and Portuguese. Dr. Claudia Bärmann Bernard […]

Stock Exchange: New Disclosure Requirements

The Brazilian Securities and Exchange Commission (Comissão de Valores Mobiliários – CVM) has just established a new requirement whereby corporations with stock traded in the Brazilian Stock Exchange must disclose the identity of their individual shareholders provided that any such individual shall hold at least a 5% participation in the stock capital of the corporation. […]

Investing in the Brazilian Real Estate Market

The Brazilian real estate market is booming. Not only in the big cities. Many Brazilian construction companies are opening up to joint ventures with foreign investors or are going public as corporations with their stocks being issued and traded at the Stock Exchange (BOVESPA). What would seem impossible some decades ago has become a reality: real estate financing for as long […]

Prior Deposit Requirement Unconstitutional

By a 9 to 1 vote, the Brazilian Supreme Court has finally deemed unconstitutional a legal requirement whereby any taxpayer would have to post a cash deposit equivalent to 30% of any tax assessment in order for its claim against the assessment to be accepted at an appeal level. The so-called “prior deposit” represented an […]

COFINS tax and its exemption

By a vote of 6 to 4 of its eleven judges, the Supreme Court in Brasilia ruled to confirm a previous 2004 decision of a now retired member of the Court against the Federal Government. The Government had asked the Court to overule a Superior Court of Justice judgement which recognized a tax exemption that […]

Court order reduces tax costs

A Federal Judge in the Federal Regional Court for the First Region (TRF- 1ª Região) in Brasilia issued an order by request of a company headquartered in the State of Minas Gerais, allowing it not to include a state tax (ICMS) on the tax basis of two federal taxes, namely COFINS and PIS. The merits […]