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Highlights of the week 656c3n

Decision by the TJ/SP is favorable to the sale of rural property by a Brazilian financial institution equivalent to a foreign entity in a foreclosure action
The Court of Appeals of São Paulo decided in favor of the sale of rural property mortgaged in favor of a Brazilian financial institution equated to a foreign entity, despite the current restrictions on the acquisition and leasing of rural properties by Brazilian companies equated to foreigner entities, as they have a majority of their capital stock and/or control held by foreigners. The appellate decision was published on July 17, by the 23rd Chamber of Private Law of the TJ/SP, in the context of interlocutory appeal No. 2024029-90.2017.8.26.0000, of the District of São Paulo.

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CARF plenary session approves 21 new precedents
The Plenary Session of the istrative Council of Tax Appeals met on Monday, September 3, to review 32 proposals for new precedents and to update and cancel certain precedents in force.
Cade's Remedy Guidelines gives more transparency to negotiations in complex mergers
The istrative Council for Economic Defense (Cade) launched in October of 2018 the Antitrust Remedy Guidelines. The Guidelines compile the best practices and procedures usually adopted by Cade in the design, application, and monitoring of remedies negotiated with parties to complex mergers. With the publication of the Guidelines, Cade aimed at giving greater predictability and transparency to the remedy negotiation process with parties involved in complex transactions that may not be subject to unconditional clearance.
Insurance for representations and warranties in M&A contracts
The preparation of a business contract involves discussions that translate into a mere allocation of risks from one party to the other. In theory, the risk will be contractually allocated to the party that can bear it more efficiently (and by efficiency we mean the ability to both avoid materialization of the risk and bear risk in a less costly manner, in addition to the risk appetite of each party). Of course, any allocation of risk results in costs - the buyer, having to bear a greater risk, will propose a lower purchase price than it would if it had to bear less risk.
Brazilian National Monetary Council regulates credit fintechs
Setting the issue price of shares in capital increases of corporations
Compliance officers’ liability and insurance coverage
Application of the Labor Reform to employment agreements prior to November 11, 2017: violation of accrued right?
The challenges of installing offshore wind farms in Brazil
Regularization and adaptation of access to genetic heritage according to the new legal framework for biodiversity
STJ recognizes effective enforceability of electronic loan agreements signed through the I-Brasil
ISS vs. ICMS in taxing streaming and accessing software in the cloud
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