Capabilities


ASRM Advogados advises Brazilian and foreign companies in conducting their business in Brazil and in their international activities in the following areas:


Anti-Corruption and Compliance
Identification of acts that could be qualified as fraud and corruption. Elaboration of guidelines and procedures for personnel training, auditing and risk management. Implementation and monitoring of programs to prevent the practice of acts considered as corruption. Follow-up on compliance with agreements entered into with the Brazilian government.
Litigation
Representation of companies in judicial and administrative lawsuits, as well as in arbitrations, in Brazil and abroad.
Contracts
Drafting national and international contracts, such as sales, services, transportation, distribution, leasing, commercial representation and franchising, technology transfer, joint venture and investment agreements. Advice to clients in the negotiations of international contracts, including drafting confidentiality agreements (NdA), memorandums of understanding (MoU) and letters of intent (LOI). Consultancy and assistance to clients in international bank guarantee operations, documentary credits, among other.
Real Estate, Notary and Registry Law
Assistance in real estate management projects. Elaboration of legal opinions on real estate law. Accompaniment and consulting in real estate registries. Consultancy and elaboration of contracts. Advice and preparation of legal instruments for the constitution and issuance of personal and real guarantees. Representation in lawsuits related to real estate contracts.
Customs Law
Qualification of importers and exporters for operating in the Integrated Foreign Trade System (Siscomex) - "Radar". Actions for the recovery of taxes paid on importation. Analysis of tariff barriers in Brazil and in other countries. Representation in administrative proceedings to increase or reduce the Import Tax. Analysis and legal advice on import modalities (direct, on demand and order. Analysis of the similarity of goods (List of Products Without Similar National). Consultancy regarding standards and proceedings related to the import and export of goods and services. Consulting related to the analysis of the methodology for customs valuation. Advisory in requesting or contesting ex-tariffs (importation of machines without national similar). Follow-up of inspections and adoption of administrative or judicial defense measures. Consulting covering taxation of goods and services operations, preferential agreements and rules of origin, reflections of customs valuation, ex-tariffs and Special Customs Regimes.
International Law and International Trade Law
Assistance in investigations and issues related to commercial defense measures in Brazil and abroad (antidumping, subsidies and countervailing measures, safeguards, circumvention, redetermination, scope assessment and false declaration of origin). Presentation of appeals to the final decision to apply commercial defense measures before the Brazilian Chamber of Foreign Trade (CAMEX) and / or in the Technical Interest Group of Public Interest (GTIP). Representation in the negotiations of international trade agreements. Consultancy and representation in international commercial disputes within the scope of the Dispute Settlement Bodies of the WTO, Mercosur and other regional forums. Advisory in matters related to production incentive processes (PPB). Consultancy in market access. Elaboration and review of international contracts. Consultancy on international bank guarantee operations and documentary credits.
Economic Law and Competition
Advice and representation of companies and individuals involved in investigations of anticompetitive conduct (such as cartel, resale price fixing, among others) conducted by the Administrative Council of Economic Defense - CADE. Advice to companies and individuals in the celebration of Leniency Agreements and Plea Agreements with CADE. Advice to clients in associative contracts in order to verify their compatibility with the Brazilian law. Submission of concentration acts to the approval of CADE. Elaboration and implementation of antitrust compliance programs.
Corporate and Business Law
Consultancy and assistance in acquisitions of small, medium and large companies and other corporate acts (merger, incorporation, spin-off, transformation, swaps and disposals of interests), as well as joint ventures and consortia. Elaboration of corporate structuring projects. Incorporation of corporate companies and legal management of company assets. Legal consulting in negotiations between companies, preparation of letters of intent, memoranda of understanding, confidentiality agreements and due diligence. Legal advice for partners and companies’ managers on liability issues, corporate, labor, tax and environmental protection rights and obligations. Assistance in dissolution, liquidation and extinction of the companies.
Tax law
Assistance in tax issues, either preventive (advisory) or corrective (administrative or judicial litigation). Analysis and preparation of Legal Opinions. Consultancy covering taxation of international trade, preferential agreements, rules of origin, customs valuation, ex-tariff and Special Customs Regimes.
Environmental, Regulatory and Mining Law
Elaboration of technical opinions in the environmental area. Representation in civil and administrative lawsuits in the environmental area. Environmental risk analysis. Training and qualification of professionals in environmental, regulatory and compliance matters. Advice on the application of financial resources in incentive social projects (Income Tax). Change of environmental ownership. Legal action with regulatory and environmental agencies. Advice on cases of TAC celebrations. Elaboration of annual sustainability reports (GRI or other). Advice on strategic environmental management, such as waste and energy management. Preparation of environmental licensing process. Obtaining authorization for production in the Manaus Free Trade Zone. Assistance to request or answer Basic Productive Processes (PPBs). Counseling about participation in government incentive programs. Assistance in the preparation or contestation of technical standards and sanitary or phytosanitary measures with INMETRO, MAPA, ANVISA and other regulatory bodies. Analysis of the compliance of technical standards with multilateral trade rules.
Consumer Relations
Assistance in negotiations and drafting of contracts for the acquisition of goods and provision of services related to consumer relations. Analysis of the adequacy of contractual practices, policies for the protection of customer data and contracts for adherence to the rules of the Brazilian Consumer Protection Code. Consultancy and elaboration of opinions on consumer contracts and on issues related to the consumer protection agencies in Brazil and in the MERCOSUR. Representation in judicial proceedings involving consumer law. Advice to clients in negotiations involving payment and execution of debts.
Labor and Social Security Law
Judicial and administrative litigation in the labor and social security areas in all instances. Consultancy in the labor and social security areas, including consultations, review of collective and individual agreements, contingency plans, medicine and work safety, risk analysis, opportunities and cost reduction, implementation of salary policy, job plans and salaries.
Family Planning and Succession
Advice on Family Law and Succession for clients in legal proceedings and alternative dispute resolution mechanisms, such as conciliation and mediation. Elaboration of prenuptial agreements, stable union contracts among others. Proposal and follow up of lawsuits involving family law. Drafting inventories and wills. Advice on family planning and succession projects.
Government Relations
Contacts with Brazilian authorities in order to obtain solutions for customers' products, services and technologies. Follow-up on relevant topics to our clients' businesses at federal, state and municipal levels. Advice to companies and class entities in the negotiations of international trade agreements.

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