Agribusiness, in constant evolution, modernization and integration with several other sectors, has always represented a relevant part of the Brazilian economy. It currently accounts for around 20% of the country’s GDP.
We advise our clients, both national and foreign, on the most diverse agribusiness operations, notably, on the structuring of agribusiness financing operations, including agribusiness bonds, such as CDA/WA, LCA, CDCA and CPR, on the issuance of CRA investment funds focused on securitization operations; development of various contracts related to the sector, such as purchase and sale, partnership and rural leases, joint ventures, barter operations, import and export, creation of guarantees in operations with agricultural commodities, audits, advice on the acquisition and exploration of rural properties and activities and representation vis-à-vis government bodies, regulatory agencies and registry offices.
/asbz has a team of highly specialized professionals, who are up-to-date and prepared to provide legal advice, consultancy or litigation assistance, for the solution of the most diverse and complex issues related to the agribusiness sector, which is in constant development.
Arbitration, Conciliation and Mediation are part of a strategic area of /asbz and are used as an alternative dispute resolution technique in increasingly complex and relevant cases involving companies.
Our team has extensive experience with alternative dispute resolution method, working in a systematic way from the moment before the emergence of the dispute until its full resolution.
The work includes preparing and reviewing arbitration and dispute resolution clauses that are most appropriate for each case; representation in arbitrations conducted before national and international arbitration institutions, as well as in ad hoc arbitration proceedings; client representation vis-à-vis State Courts, for example, to obtain urgent measures aimed at guaranteeing the effectiveness of the arbitration procedure or even claiming the annulment of arbitral awards.
In this context, /asbz also works in the execution of domestic arbitral awards, as well as the ratification and execution of international arbitral awards, in addition to representing and advising clients in mediation and/or conciliation procedures.
As part of the Corporate Law area, the antitrust practice supports companies in all their expansion and acquisition strategies. Compliance programs, review of policies and commercial practices of customers, suppliers and competitors are just some of the strategic measures we advise on to mitigate risks or improve the competitiveness of our clients.
Our antitrust department has professionals with extensive experience in cartel cases, mergers and restrictive vertical practices, in order to ensure our clients have access not only to the technical knowledge necessary to meet the demands in this area, but also to provide them with a strategic and pro-business vision.
We work on the review and establishment of commercial policies, preparation and review of compliance programs and training, response to queries, notification and challenging of mergers, defense in cartel cases, negotiation and execution of leniency agreements and terms of cease and desist commitments, as well as client representation and defense in proceedings involving the analysis of monopolization practices and other non-competitive conduct.
The antitrust area’s competitive edge at /asbz is its unique combination of legal and economic knowledge which optimizes evaluation and performance in cases involving antitrust law.
A 2013 survey conducted by Fundação Getúlio Vargas of Rio de Janeiro (FGV-Rio) showed that almost half of the lawsuits in progress before the Judiciary dealt with issues related to consumption. And this is a scenario that must be fought and reversed. Changing the axis of the relationship between suppliers and consumers from conflict to solution: that’s our customers’ focus – and also our focus at /asbz.
With knowledge of the business and teams dedicated to customized service for all types of demands, the Consumer area has a strong commitment to conflict resolution. We focus our work on drafting agreements and preventing new legal actions, audits and contractual reviews, as well as strategic action in relevant cases, interface with regulatory bodies, background analysis and identification of the causes of problems.
As private law foundations, civil and commercial law are present in all branches of legal activity and are a fundamental part of /asbz. With extensive experience in litigation, dispute prevention and resolution, the firm’s civil law team works in complex disputes and processes, individual or collective, in addition to dealing with urgent measures. The team develops specific solutions according to the needs of each case, focusing on client’s needs with our renowned passion for problem solving.
With a team led by four board members and made up of more than 60 professionals, we constantly invest in technical training and in the improvement of logical perception, emphasising common sense and practical and clear analysis of the facts.
Our lawyers have doctoral, masters and specialization degrees obtained from the most prestigious universities, in addition to routinely participating in our professional training school, Saber /asbz, whose principle and culture is to expand the systemic view of our lawyers, encourage deep and lasting relationships with our clients, adding value to knowledge and academic excellence.
We work to seek innovative solutions and reverse relevant or risky situations for clients, adding value and achieving solid results.
The team operates in multidisciplinary operations, including activities in innovative or regulated sectors, such as energy generation and transmission, means of payment, technology, consumer goods/inputs and materials/equipment industries, intermediation companies, airlines. /asbz’s work is centered on the preparation of documents with a legal and commercial focus, assisting companies in launching new products, forming short and long-term partnerships, contracting and negotiating with customers and suppliers, including the identification of risks and advice on alternative scenarios.
With great expertise, our team operates in all phases of negotiation, preparation and review of commercial contracts in Portuguese and other languages, involving strategic and complex issues, such as construction contracts (EPC, contract work, reinforcements and improvements, works management , including substations and power transmission lines), purchase and sale of equipment/materials/inputs, logistics contracts, intermediation contracts, licensing contracts, partnership contracts for launching products, contracts for production and organization of events and sponsorships, credit assignment contracts (sale of portfolios), marketplace contracts, terms and conditions of use, internal policies, contracts between acquirers and technology companies, banks, brands, customers, translation and tropicalization of foreign minutes, sharing contracts revenue and infrastructure, among others.
For clients with a higher volume of contracts, we act as an extension of the client, with agility and close contact with the demanding areas, seeking to mitigate risks without losing commercial focus. We understand the business and reality of companies, in addition to the specificities that impact their results. We generate customized reports with information about contract types, negotiation time, SLAs, requesting areas and others to be inserted at the client’s discretion.
Structured finance is focused on complex projects related to companies whose financing needs cannot be met with conventional financing.
/asbz provides legal advice to national or international investors, financial and non-financial institutions, commercial and strategic assistance in the structuring, negotiation and preparation of the necessary documentation for each type of project, always taking into accouut the best interests of the client.
Our interdisciplinary teams enable solutions to complex problems and issues, always in an innovative and practical way, including but not limited to the structuring of debt capital markets (DCM) operations, securitization, investment funds, debt acquisition and rescheduling, acquisition and disposal operations of performed and/or non-performed portfolios (NPL).
We have the ability to advise and develop safe and efficient projects and structures, always combined with the business vision of our customers.
With more than 15 years of experience in enforcing warrants of all kinds and levels of complexity, the firm’s land law team works in possession conflicts and expropriation cases, in the design of solution strategies, either through legal actions or otherwise, with a focus on enhancing results, as well as preventing risks and finding opportunities.
The team is made up of professionals accustomed to the specific technical and logistical needs of land disputes, rolling up their sleeves and effectively going onto the field, with the sensitivity that is required to seek solutions, especially in the fulfillment of repossession warrants in risk areas, assisting clients in complex negotiations that enable the fulfillment of the order and avoid negative repercussions.
In a scenario of increased competition and economic uncertainty, investors must have all the necessary support so that the private equity and venture capital sector continues to develop to its full potential. To this end, /asbz advises financial institutions, administrators, managers and investors in the structuring and formation of investment funds, including hedge funds and structured funds.
We have a team with extensive national and international experience, providing legal advice on the structuring, formation and registration of investment funds, public offerings for the distribution of their shares with the relevant entities, negotiation and structuring of their investments and support after their operations.
Additionally, /asbz advises on the structuring and accreditation of securities portfolio managers (administrators and managers) with the relevant bodies, negotiation with potential investors and advice on the business model of such administrators and managers.
Our work is focused on providing our clients with greater added value and access to capital, in a safe and efficient way, in order to enable sustainable business models and strategies. In an interactive and collaborative environment, work is performed in a coordinated manner between the practice areas of the firm.
Each year, Brazil is becoming more mature and attractive for mergers and acquisitions, developing its potential in matters such as regulation, assets, resources, investments, infrastructure, socioeconomic conditions and technological capacity. The growing number of transactions in an increasingly complex environment requires a team of qualified professionals with a broad business vision.
/asbz’s Mergers and Acquisitions practice offers complete advice in the development, negotiation, approval and implementation of operations between national and international groups or companies willing to invest in Brazil or abroad. We participate in the formulation and closing of all companies’ investment or divestment strategies, such as structuring of mergers and acquisitions and asset purchase and sale operations, private equity, among other structures developed on a case-by-case basis.
Our legal assistance also encompasses the structuring, negotiation and implementation of strategic agreements, such as joint ventures, partnerships, consortia, unincorporated joint ventures (SPC), call and put options, take-or-pay and farm-in/ farm-out.
Mergers and acquisitions projects are conducted by our Corporate Law team and rely on the expertise of several areas of /asbz.
/asbz has a team of highly specialized, updated professionals prepared to solve the most diverse and complex issues involving both court-assisted and out-of-court reorganization and bankruptcy processes throughout the Brazilian territory.
We exclusively represent creditors, strategic investors and investment funds specializing in national and/or foreign distressed assets.
We advise our clients in all stages of insolvency proceedings, including the negotiation of reorganization plans, definition, implementation and DIP and Exit Financing strategies, acquisition of assets from companies in distress and debt rescheduling. Our work includes drafting contracts, memoranda and legal opinions aimed at mitigating risks and maximizing results.
We also assist in claims recovery through court actions or amicable settlement, as well as in the defense against possible lawsuits challenging the conditions of the operation.
The Real Estate Operations and Litigation Area involves the design, structuring, financing, preparation of documents, negotiation, finalization, implementation, development, operation, commercialization, administration and resolution of disputes involving real estate (urban, rural properties and emphyteutic leases), undertakings, contractual relationships and other procedures derived therefrom.
With regard to the design of Real Estate Operations, we work with a focus on the client’s objectives. We know the markets where clients operate and we present innovative, bold and responsible solutions.
While structuring operations, we stand out as we consider not only the aspects related to the intended business, but also tax, regulatory and corporate issues in order to obtain the desired results.
Imagination and creativity are the most used tools in advising on real estate financing operations that, especially when linked to credit facilities, properties, project rights, equity interests and personal guarantees, must be connected with each other and backed by some kind of secured deal, in order to offer the client proper security and speed in the execution on such collaterals.
Sustainability, transforming ideas, commitment and sensitivity are our drivers in the implementation, development, commercialization and management of real estate projects, always seeking clarity in the allocation of rights and duties to each party according to the economic context of the contractual relationship, accurately balancing the risks and rewards of the transactions.
In order to find solutions to conflicts, we have the courage to ask the difficult questions and we work in close collaboration with the clients’ technical teams.
The area’s work is focused on social security contributions, but without losing sight of legal issues of a labor and tax nature, as well as those of a practical nature related to human resources and corporate governance, ensuring that all relevant aspects are taken into consideration in our work.
With an innovative proposal, the Remuneration and Pensions area offers a multidisciplinary vision in consulting focused on the creation or review of companies’ hiring, remuneration and benefits policies, which goes beyond the evaluation of the labor and tax aspects involved.
In addition, it works in administrative and legal proceedings concerning employers’ social security contributions.
With this experience, we are assertive in our opinions so that decision-making by companies is done safely and efficiently.
About 90% of Brazilian companies are set up as a family business, but only 33% of them reach the second generation and only 5% survive after the third. The data, from the Brazilian Micro and Small Business Support Service (Sebrae), highlight the fragile organizational structure and the absence of professional administrative management in family-run businesses. In addition, the confusion between the partners’ private assets and the company’s operating routines puts family assets at risk, and the perception that the existence of a “wealth holding” is sufficient protection – in the absolute majority of cases examined – has proved to be completely false.
/asbz’s work in Wealth Planning focuses on strengthening the company and protecting family assets in all aspects involved: review of corporate structures and preparation of tax-efficient succession planning, implementation of anti-corruption and corporate governance policy, as necessary to enable the adoption of preventive policies capable of protecting companies in times of crisis or exposure to high risks, as well as ensuring family protection, with a planned and much less costly succession, segregating the company’s business activities from the family’s businesses.
To carry out this work, we have an interdisciplinary, inspired working group who are aware of their responsibility and the sensitivity necessary for the success of this kind of planning.
Providing a personal service to the partners and their children, we work to enable families to strengthen their businesses for many generations, with continuous growth of the wealth built over decades of hard work.
The structuring of projects demands a thorough analysis of all its aspects with great clarity and precision. After all, topics such as exchange rate gains or losses, financial environment, cost, hedging, investor remuneration, user fees and regulation must be taken into account.
/asbz has a team of professionals with experience in project finance and works in an integrated way with other areas of the firm on the structuring and implementation of projects with local or foreign investors, from the most varied industries.
We provide consultancy in the processes of contracting and negotiating long-term financing, bridge loans, external financing and export prepayment and their respective security agreements, as well as advising on the formalization procedures and regular creation of guarantees, compliance with the conditions precedent to the financial disbursement and mapping of the obligations accepted in the operations.
We deliver specialized studies of the available lines of credit that are suitable for companies’ investment plans. Our work is based on making the business of companies viable, always with an efficient system of guarantees.
For issues of digital law, privacy/data protection, and intellectual property, /asbz has an institutional partnership and relies on the expertise of Prado Vidigal, a boutique law firm that is a reference in this area.
Some of the services provided on this front are:
In scenarios of instability or expansion, specialized legal advice in corporate matters is essential for companies to implement their growth strategies and manage their day-to-day operations without risk. With a multidisciplinary focus, our Corporate team operates in corporate, commercial and strategic operations and structuring, always with a firm legal basis, financial efficiency and business intelligence. We work so that companies, their owners and executive officers have the appropriate corporate structure and corporate governance for the implementation and execution of their business plan.
Our services range from a complete field analysis, capable of mapping and managing the context, culture and profile of our clients, to the development and implementation of initiatives, policies, structures, contracts and corporate and financial operations.
The /asbz Corporate team works in a thorough and straightforward way to establish the managerial, financial and corporate pillars that our clients need.
New dynamics in labor relations and human resources management emerge and gain new meanings every day, which makes the labor practice essential to make business viable in the corporate world amid the insecurities of the economy, legislation and case law.
Our team has extensive experience and expertise in the various segments of labor law, with a multidisciplinary vision, working in an integrated manner with other important areas of law (e.g. civil, contracts, tax, real estate, corporate). The result is an optimized consultancy focused on preventive conduct, creation of internal policies, formulation of collective bargaining strategies and risk mitigation plans, especially those related to the hiring and dismissal of professionals, remuneration packages, benefits, working hours and collective layoffs.
We also manage strategic actions, of high complexity and materiality, brought by former members of the governing body, or involving accusations of discrimination, criminal practices, moral/sexual harassment, accidents resulting in death, termination for cause of tenured employees and collective labor disputes.
Faced with complex, competitive, global and increasingly technological business scenarios, the multidisciplinary understanding of tax issues has proven to be a key component in the results and risk prevention of companies, entities or individuals.
In this context, the tax department of /asbz adopts a systemic view that analyzes, together with tax issues, macroeconomic, operational, accounting, competition, financial, reputational, statistical and fiscal-international issues, strictly observing legislation, jurisprudence, compliance rules and corporate governance.
The team has experienced, agile and precise professionals in identifying, anticipating and solving problems, as well as in the exhaustion of all scenarios that can optimize the tax structure of our clients, always after a deep understanding of their history, premises and business.
/asbz’s tax area has chosen as its mission not only to act with excellence, but also to play the role of a transforming agent in its universe of action. With the expertise to deal with any and all contentious or advisory matters relating to Tax, International Tax and Customs Tax law, /asbz’s tax area has been steadily receiving recognition from the market and from the main national and international legal rankings.