Founding Partners: Francisco da Costa e Silva, João Laudo de Camargo, Maria Isabel do Prado Bocater
Managing Partner: Matheus Rossi Senior Partners: Francisco da Costa e Silva, João Laudo de Camargo, Maria Isabel do Prado Bocater, Flavio Martins Rodrigues
Partners: Bruno Carriello, Carlos Augusto Branco, Jaques Wurman, Jose Luiz Braga, Bernardo da Costa e Silva, Matheus Rossi, Nair Saldanha Janson, Roberto Coimbra, Alexandre Luiz Monteiro, Luiza Rangel, Maria Carolina Melo, Luciana Aguiar
Number of other lawyers: 30
Languages: English, French, Spanish, Italian, German, Portuguese
Founded in 1999 Bocater, Camargo, Costa e Silva Advogados (BCCS) is structured to render legal services to domestic and foreign clients with preponderant practice focused in the different fields of corporate law. BCCS’ lawyers have solid academic backgrounds and specialised knowledge in this area, as well as in other related fields of law, such as pension funds law. BCCS’ team includes skilled professionals capable of rendering legal assistance that exceeds clients’ expectations, both in consulting and litigation. The basic commitment of the firm is to render services in a highly expeditious way, with high technical quality, always observing due ethical standards. Moreover, the firm seeks to present the most practical and efficient solutions to the problems faced by the clients.
Main Areas of Practice:
BCCS deals with all aspects of corporate law, providing advice to companies, controlling and minority shareholders as well as institutional investors, including structuring policies to comply with corporate governance, counseling on shareholders’ rights, incorporation of corporate entities, joint ventures, consortiums, carveouts and divestitures, shareholders’ agreements, restructuring debts, corporate reorganisation.
BCCS advises companies and pension funds on complex public and private M&A deals, including transfer of control, incorporation of special purpose companies, asset swaps, structuring data rooms as well as handling all due diligence procedure. BCCS assists in the negotiation and drafting of all related corporate acts and agreements, such as MOUs, share purchase agreements, asset purchase agreements, escrow agreements, shareholders’ agreements and investment agreements.
BCCS advises clients in credit transactions in general, both domestic and international, as well as in debt restructuring, securitisation and project finance. The firm structures all kinds of securities’ offerings including public and private offerings of securities in the domestic capital market (shares, debentures, ADRs, BDRs, commercial paper, bonds and notes), going public and going private transactions, among other transactions. BCCS assists in the registration before the Brazilian Securities and Exchange Commission (CVM), filing of prospectuses for issuance and distribution of all kind of securities, put and call options, security deposit certificates, collective investment agreements, real estate receivables certificates, structuring of investment funds such as private equity funds, real estate investment funds, receivables investment funds, advice on regulatory issues and representation of clients in administrative proceedings before the CVM and the National Financial System Appeals Board. BCCS assists portfolio managers, brokers and other participants of the distribution system and respective registration before the CVM. Advice on compliance: diagnostic, recommendations, implementation and evaluation of the compliance policies of financial intermediaries.
BCCS advises pension funds, sponsored or not by public sector corporations in adequacy to new regulatory provisions, structuring of by-laws and pension funds plans, structuring of entities internal governance, ruling of pension plans, financing rules, plan balance, interpretation of the rules regarding the issuing of benefits, plan migration process, daily routine and specific procedures aiming at minimising risks of civil liability of managers and the respective sponsor, maximisation of administrative income, advice on rules of investments for pension fund, unique investment operations, taxation, agreement with outsourced service suppliers (asset managers/administrators), administrative disputes, including audits carried on by the regulatory agency (PREVIC), Social Security Ministry and the Private Insurance Superintendence (SUSEP), representing clients in such proceedings at the administrative and judicial levels.
BCCS advises on tax planning and optimal tax solutions in corporate restructuring, M&A, spin-off and consolidation transactions, challenging tax assessments, representing clients in tax litigation, including administrative and judicial proceedings.
BCCS advises on contractual matters, including lease agreements and free lease agreements, confidentiality agreements, debt confession, security and guarantees agreements, credit instruments, distribution, factoring, financial leasing, rent, insurance and services agreements. Succession, estate planning and family holding structures.
BCCS structures and implements real estate investment funds and securitisation of real estate receivables. Purchase, sale and rental of real estate and related due diligence.
BCCS’ litigation team provides assistance on matters related to the firm’s areas of practice, acting in courts across Brazil, and the higher courts in Brasilia. BCCS assists clients in complex litigation in Brazil and abroad and in consultancy for the preventive measures avoiding court litigation. BCCS represents clients on arbitration procedures in Brazil and abroad and alternative dispute resolution methods.