Your legal specialists for investments in Brazil.

Personalized and exclusive services.

Bianca Peuker and Ricardo Saavedra are Brazilian attorneys with longstanding experience in attending renowned Brazilian and international companies, from medium-sized family businesses to large corporations, in their affairs in Brazil. After working for major law firms, they decided to join efforts to attend a restricted group of clients, assuring a personalized and exclusive service focused on corporate, tax, financial, governance and real estate law, including local and cross border transactions.

We cooperate with the German Law Firm Stock Rechtsanwaltsgesellschaft in Cologne/Germany, as well as with BAG Business Center, a soft landing solution for Brazilian/Latin American companies expanding to Germany.

Our specialities: Company Incorporation | Real Estate | Visa | Debt Collection | Trademark Registration | Financial & Capital Market Transactions | Governance & ESG

Our specialities: Company Incorporation | Real Estate | Visa | Debt collection | trademark registration | Financial & Capital Markets Transactions | ESG

Our specialities: Company Incorporation | Real Estate | Visa | Debt collection | trademark registration | Financial & Capital Markets Transactions | ESG

Our specialities: Company Incorporation | Real Estate | Visa | Debt collection | trademark registration | Financial & Capital Markets Transactions | ESG

Our specialities: Company Incorporation | Real Estate | Visa | Debt collection | trademark registration | Financial & Capital Markets Transactions | ESG

Our specialities: Company Incorporation | Real Estate | Visa | Debt collection | trademark registration | Financial & Capital Markets Transactions | ESG

Our specialities: Company Incorporation | Real Estate | Visa | Debt collection | trademark registration | Financial & Capital Markets Transactions | ESG

How to incorporate and operate company in Brazil.

Avoiding common problems in the incorporation of a company in Brazil requires both planning and local knowledge.

It is practically impossible for a foreign investor to establish a branch office of its parent company in Brazil, as this requires the approval of the Brazilian Federal Government, among other requisites. Therefore, international companies wishing to invest in Brazil generally establish subsidiaries in the country.

Determining the appropriate company form in Brazil is only one step.

To eliminate the risk of personal liability, more than 99% of companies in Brazil are founded as corporations, either as a limited liability company (Limitada or Ltda.) or a public limited company (Sociedade Anônima - S/A or Cia.).Forming a company as an S/A is more complex than forming an LLC (Ltda.); it is generally used for large-scale projects. However, in some cases, the company form is also prescribed by law. Important details must be considered when setting up a Brazilian Ltda. and formulating the articles of association. In particular, majority ratios must be taken into account, as they are crucial under Brazilian law for numerous decisions. Shareholders and directors domiciled abroad must also authorize a representative in Brazil.Depending on the activities planned in Brazil, a company must obtain a business license in the municipality where it will operate, secure necessary tax registrations in the state or city, and determine if specific licenses are required.

Tax and bank regulations: especially important for international investors setting up business in Brazil.

For foreign investors, it is crucial to meet the requirements for registering capital and financial transactions with the Central Bank and other authorities to ensure full legal compliance in the country.Another crucial aspect is the selection of the tax profit determination method. When setting up a company in Brazil, particular attention must be paid to the specifics of tax law. Depending on the activity and gross revenue, international corporations can generally use one of two different profit calculation methods: the full method (Lucro Real) or the simplified method (Lucro Presumido). Only a detailed analysis of all aspects of the business and its structure can lead to effective tax planning.

What we can do for you.

Comprehensive support - far beyond the start-up phase. We support our clients in all phases of the incorporation process in Brazil. Our activities are not limited to the drafting of articles of association and the completion of formation formalities. We also assist in the search for suitable premises and provide office facilities during the incorporation phase. Finally, as your lawyer for Brazil, we also support you in all tax and accounting matters. You can trust us for:

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Our specialities: Company Incorporation | Real Estate | Visa | Debt collection | trademark registration | Financial & Capital Markets Transactions | ESG

How to invest in real estate in Brazil.

In real estate matters we advise our clients through all legal steps regarding buying, selling, renting and leasing properties in Brazil.

It's not just the land register that needs to be checked before buying Brazilian real estate.
When purchasing real estate in Brazil - whether as an investment or a vacation home - a careful approach is required. Although the Brazilian land register system has been modernized the last years, the purchase of real estate should be combined with a detailed and thorough examination of the ownership situation of the property as well as the existing encumbrances and restrictions, which are not always found in the land register. Therefore, simply researching the Ofício de Registro de Imóveis (land registry) is not enough to obtain all the information required for a smooth property purchase. This results in a significantly higher effort to enable a secure purchase of your property in Brazil.
Additionally, taxation is a key factor to consider. Depending on your primary objective—be it buying, selling, or renting properties in Brazil—careful planning is essential to reduce the tax burden.

Use our experience to minimize your risks when investing in real estate in Brazil.

Therefore, the formalities involved in buying property in Brazil cannot be ignored. For example, special details must be observed when drawing up preliminary purchase agreements and purchase contracts, when applying for a Brazilian tax number (CPF/CNPJ) for purchasers residing outside Brazil, as well as with regard to the notarial deed and registration in the land register. Besides that, investing in new real estate projects also requires careful analysis, since it involves not only checking the status of the ownership, but also checking the authorization of the competent authorities for the project, the conditions of the offer, possible financing and the final contract, often made by adhesion.Therefore, a certain procedure must be followed for every property transaction in order to minimize the risks for the buyer.In addition, foreign investors are subject to acquisition restrictions and shall also consider tax peculiarities, the non-observance of which can lead to the invalidity of real estate transactions and also lead to other future problems.

Combine real estate investment with a residence permit: your Golden Visa to Brazil.

A recent opportunity in Brazilian legislation is the Golden Visa, allowing investors to apply for residency with an investment of approximately $140,000 USD in Brazilian real estate. We assist our clients with every aspect of this process, from real estate investment to visa application and obtaining residency permit in Brazil.

What we can do for you.

We have a network of collaborators (realtors, brokers, notaries) who allow us to advise throughout Brazil - so we don't just advise on legal matters, but at all stages (searching for properties, contacting sellers/brokers, negotiations up to the conclusion of the final contract of sale and registration with the Real Estate Registry). Therefore you can trust us for:

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Our specialities: Company Incorporation | Real Estate | Visa | Debt collection | trademark registration | Financial & Capital Markets Transactions | ESG

How to get a visa / residence permit in Brazil.

More and more people are looking to Brazil as an expat destination: the country has a solid democracy, great business opportunities and a strategic geographical position.

Brazil offers various types of visas and permits, such as investment-based visas, employment-based visas, retirement visas for pensioners, digital nomad visas, and even Golden visas for real estate investors. Each visa type has its own regulations, and your application must be carefully prepared to avoid disapproval or delays. We provide comprehensive support, from preparing all necessary documentation and filing the application to obtaining your residence card in Brazil.

Combine your real estate investment with a Golden Visa in Brazil.

With investments of just over 750,000 BRL (aprox. 140,000 USD) in the northern and northeastern states of Brazil and 1,000,000 BRL (aprox. 185,000 USD) in other Brazilian states, it is possible to apply for a visa or residence permit in Brazil. The Golden Visa rules, introduced in 2017 in Brazil, have been increasingly utilized by foreign investors in recent years.However, be cautious: the process for applying for a Golden Visa must be carefully followed. If you fail to comply with the exact regulatory requirements, not only may your Golden Visa application be denied, but you may also encounter difficulties in recovering your real estate investment in Brazil. Therefore, in addition to relying on our support for immigration matters, you can also depend on our expertise in real estate legal advice. Find out more here.Finally, we strongly recommend checking how your residence in Brazil would affect your tax situation. You can also rely on us to help you understand the taxation related to your investments in Brazil and address issues of double taxation.

What we can do for you.

Our expertise in visas and residence permits involves offering clients top-notch advice. We not only analyze the legal framework but also explore all available options based on their personal circumstances. Additionally, we provide guidance on tax matters (such as double taxation) and practical concerns (including real estate investments, rental agreement, banking and more) you can trust us for:

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How to collect debts in Brazil.

In today's globalized world, international debts are quite common. We provide our clients with the best strategies to recover their credits in Brazil.

Debts, though unpleasant, are sometimes inevitable. In a globalized environment, international debts are common and require extra effort for recovery. As a foreign creditor in Brazil, it is crucial to have comprehensive access to achieve the best results.

Direct negotiations with the debtor in Brazil are always the preferred method for seeking an amicable solution.

The least costly and simplest way to collect debts in Brazil is through direct communication with the debtor. Negotiations that avoid the judiciary are by far the most cost-effective. Therefore, the first recommended step is to negotiate amicably with the debtor, potentially accepting special payment conditions that may include discounts, waivers of fines and interest, installment plans, or credit compensations.

The final attempt: a cease and desist letter to the debtor in Brazil.

If amicable solutions are not achieved through direct negotiations with the debtor in Brazil, the last recommended step before a lawsuit is to send the debtor a final notice. A cease and desist letter is an official notice to the debtor, detailing the facts that led to the debt, the updated balance due, and formally requesting payment within a reasonable deadline as a last effort before filing a lawsuit.

Litigation: Judiciary or Arbitration procedures for debt collection in Brazil.

Amicable arrangements and alternative debt collection methods are preferred to avoid domestic courts. However, if these methods fail, litigation becomes necessary to recover debts. Analyzing the most recommended (or possible) path to legally enforce debt collection in Brazil is one of our specialties, whether through judicial or arbitration procedures.

Prospecting debtor assets in Brazil: using the best strategy.

Sometimes a judicial title is not sufficient; it is necessary to actively search for the debtor's assets in Brazil, which involves locating real estate, vehicles, companies, shares, etc. Additionally, debtors may attempt to hide assets by transferring them to third parties or using other strategies. We employ the best methods to locate assets and outline both judicial and extrajudicial strategies to ensure effective debt payment.

What we can do for you.

In the area of debt collection, we thoroughly analyze the legal basis for the debt collection according to Brazilian Law, explore the best out-of-court strategies for negotiating with the debtor, and, if an amicable solution is not feasible, take the necessary measures in court (or in arbitration proceedings, if appropriate) to seek payment of the debt. This includes actively searching for the debtor's assets. You can contact us for:

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How to register a trademark in Brazil.

To register a trademark in Brazil, an application must be submitted to the INPI (Brazilian Patent and Trademark Office).

In Brazil, several laws and regulations protect and govern intellectual property rights and technology transfer. Key among these are the Industrial Property Act, various tax laws, and the internal regulations provided by the Brazilian National Institute of Industrial Property (INPI), also known in English as the Brazilian Patent and Trademark Office (BrPTO). The INPI is the public agency responsible for the registration of trademarks and other intellectual property rights.Registering a trademark in Brazil protects the identification of your products or services, preventing competitors from using the same or similar trademarks that might confuse customers. This registration also allows you to license your trademark to other companies.

Preliminary Trademark Research: always recommendable.

Before filing a trademark request with the INPI, it is highly recommended to conduct preliminary research on similar trademarks. This research helps investors understand the competitive landscape in Brazil and may necessitate adjustments to the trademark. If a trademark is already registered in Brazil, our law firm can offer solutions for proper registration, including negotiating with existing trademark holders or filing for recognition as a renowned or notorious trademark for higher protection.

Registration Process: from application to registration.

Once the strategy is developed, the formal registration process begins with filing a request at the INPI. This includes submitting the trademark image and specifying the classes of goods or services the trademark will cover. While it is possible to file online, using legal services is advisable to avoid mistakes that could lead to rejection. The INPI then assesses the request and publishes it online, allowing other companies to file oppositions based on prior use or similar trademarks. A registered trademark in Brazil is protected for ten years, with the possibility of indefinite renewals as long as the trademark is in use. Renewal requests must be filed to extend the protection period.

Post-Registration Protection: keep your trademark protected in Brazil.

Once registered, three scenarios often require action: preventing similar trademark registrations, prohibiting unauthorized use, and avoiding customer confusion. Our law firm monitors new trademark requests and can file oppositions if necessary. Unauthorized use of a trademark is considered counterfeit under Brazilian law and can lead to criminal and civil actions, including damages for tort.Our law firm is highly experienced in trademark registration and protection, ensuring your intellectual property is well-guarded in the Brazilian market.

What we can do for you.

From research to protection actions in Brazil, you can count on us for comprehensive advice on all intellectual property matters, including:

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How to
perform financial & capital market transactions in Brazil.

Local and Cross Border financial transactions in Brazil are governed by regulations set forth by the Central Bank of Brazil (Bacen) and/or by the Brazilian Securities and Exchange Commission (CVM).

Brazil has an extensive legal framework governing financial, banking and capital market transactions.
The peculiarities of Brazilian legislation require care when structuring financial transactions, such as the structure of guarantees/collaterals granted in a loan. Depending on the type of guarantee/collateral, there will be (i) a greater or lesser risk of losing the guarantee/collateral in the event of bankruptcy or judicial or extrajudicial reorganisation of the debtor, (ii) greater or lesser bureaucracy and agility in the enforcement procedures, (iii) procedures, deadlines and costs for registering guarantees/collaterals with the competent registry offices.

Financial Innovation, Fintechs in Brazil.

In recent years, Brazil has made significant strides in developing a regulatory framework tailored to the unique needs of fintech companies. One of the key regulatory advancements is the introduction of the Payment Institutions (IPs) category, which allows non-banking institutions to offer payment services. This has enabled fintechs to operate legally and compete with traditional banks, fostering innovation and competition in the financial sector.The launch of the Open Banking initiative is another major regulatory milestone. This framework mandates that banks and other financial institutions share customer data (with their consent) with third-party providers, including fintechs. Open Banking aims to enhance competition, improve customer choice, and drive innovation by allowing fintechs to develop personalized financial services and products.Additionally, the Central Bank of Brazil has introduced a regulatory sandbox, providing a controlled environment for fintechs to test innovative products and services under regulatory supervision. This initiative helps mitigate risks while promoting the development of cutting-edge financial technologies.To address the risks associated with fintech operations, the BCB and CVM have implemented stringent compliance and cybersecurity requirements. Fintechs must adhere to regulations related to anti-money laundering (AML) and combating the financing of terrorism (CFT). They are also required to implement robust data protection measures in line with the General Data Protection Law (Lei Geral de Proteção de Dados, LGPD), ensuring the privacy and security of customer information.Entering the Brazilian market requires therefore special assistance, e.g. in structuring financial transactions involving financial intermediaries such as fintechs or in drafting atypical contracts.

Blended Finance, Sustainable Finance in Brazil.

Blended finance in Brazil leverages the strengths of various funding sources to catalyze investments in projects that have high social and environmental impact but may not attract traditional financing due to perceived risks. The blending of concessional finance, such as grants and soft loans from development banks or philanthropic organizations, with commercial investment helps to de-risk projects and attract private capital.Sustainable finance in Brazil focuses on integrating environmental, social, and governance (ESG) criteria into investment decisions to promote long-term, sustainable economic growth. The Brazilian financial sector is increasingly recognizing the importance of sustainable practices, driven by both regulatory pressures and market demand.The Brazilian Development Bank (BNDES) plays a pivotal role in advancing sustainable finance by offering green bonds and sustainability-linked loans to fund projects that support renewable energy, energy efficiency, and sustainable agriculture.
Additionally, the Central Bank of Brazil has introduced regulations that encourage banks to incorporate ESG factors into their risk management and lending practices.Brazil's financial markets are also witnessing a growing interest in green bonds, which are used to raise capital for projects with environmental benefits. Companies and municipalities are increasingly issuing green bonds to finance infrastructure projects that reduce carbon emissions, such as public transportation systems and renewable energy installations.Furthermore, initiatives like the Forest Investment Program (FIP) focus on sustainable land management and forest conservation, addressing both climate change and economic development. By providing concessional finance and technical assistance, FIP aims to attract private sector investment into sustainable forestry and agriculture projects.We provide assistance in structuring sustainable finance projects including those with development agencies and banks, such as the National Bank for Economic and Social Development (BNDES), the Inter-American Development Bank (BID) and other private institutions.

Derivative Agreements in Brazil.

As the name implies, derivatives are investment products that are derived from other assets - whether they are physical, such as commodities like crude oil, corn, and gold, or financial, such as the dollar, indices, interest rates and shares. The final value of an operation with these products will therefore derive from the value of the original product.
In other words, derivatives are a type of financial contract between two parties. In them, investors agree on prior conditions regarding the price and quantity of the purchase or sale of an asset and determine a future deadline for the terms to be carried out. For instance, agricultural commodities like soybeans, coffee, and sugar have active futures markets, reflecting Brazil's significant role in global agriculture.

What we can do for you.

Contact us for more information.

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Our specialities: Company Incorporation | Real Estate | Visa | Debt collection | trademark registration | Financial & Capital Markets Transactions | ESG