In brief The Brazilian Securities Commission (“CVM”) published on October 11, 2022 the Guidance Opinion No 40 (“Opinion”), consolidating its understanding of the rules applicable to cryptoassets classified as securities. In a nutshell, the Opinion aims at clarifying the scope of action and the means through which CVM shall exercise its powers to regulate, supervise […]
In brief On October 6, 2022, a federal decree that aims to institute the take back requirement system for plastic packaging was opened for public consultation. Comments on the decree should be sent to the Secretariat of Environmental Quality of the Ministry of Environment through the online platform by November 4, 2022. More Details This […]
In brief On October 10, 2022, the Federal Treasury Department published Ordinance PGFN/ME 8,798, which creates a Program for the taxpayers with certain tax settlement agreements celebrated with the Federal Treasury Department (or that will join until the end of October 2022), and for taxpayers with debts under such department unrecoverable or difficult to recover, […]
Today, the First Chamber of the Superior Court of Justice (“STJ”) concluded the trial of the Special Appeal 511.736/SP about the transfer pricing rules applicable to the resale minus method (“PRL60”) until the enactment of Law 12,715/12, more specifically about the illegality of Normative Ruling 243/02 vis a vis Law 9430/96 in place at that time. The […]
In brief On 29 August 2022, the Federal Senate approved Bill of Law No. 576 of 2021 (“Bill No.576/2021“), which regulates the exploitation of federal assets for energy generation in offshore projects.Additionally, Ordinance No. 685/GM/MME and Ordinance No. 686/GM/MME (“Ordinances“) are currently available for public consultation. Issued by the Ministry of Mines and Energy, the […]
Please be advised that, on September 30 2022 (Friday), the Social Security Department website released on the Internet, the new “Accident Prevention Factor” (“FAP”) rate for each company, which will have a direct impact on company’s payroll social contributions for the year 2023. FAP is a multiplication factor – that varies from 0,5 to 2,0 points) applied […]
In brief Companies will be required to register with the Brazilian National Council of Justice – CNJ – (governmental entity that controls and aims to improve the Brazilian Judiciary) an e-mail for the purpose of receiving service of process, court summons and subpoenas in general. In this sense, CNJ Resolution No. 455 of 04/27/2022 obliges […]
In brief On September 22, 2022 the Brazilian Federal Government published Provisional Measure (“MP”) No. 1,137 reducing to zero the rate of the Withholding Income Tax (“WHT”) levied over income earned on several financial investments by non-residents investors. The MP will be submitted to the National Congress for analysis and voting. If converted into law, will […]
In brief On 21 September 2022, the State Environmental Institute of Rio de Janeiro (INEA) published Institutional Standard No. NOI-INEA-19.R-0, establishing the procedure for analysis and inclusion of conditions in the environmental licensing of activities and enterprises subject to the submission of the Environmental Declaratory Act (ADE) and the Targets and Investments Plan (PMIn) established […]
