Investment Law of Brazil
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Transcript of Investment Law of Brazil
Investment Law
BRAZIL
Members
AA I Kalvika Ariviranti-BF (007200800004)
Bella Firna-IB (011200800013)Dewi Pelangi-BF
(007200800051)Fadilah Rahman-IB (011200800027)
Gracia Puspita Suciono-BF (007200800014)
Marlon Matindas ndashBF (0072008000)
INTRODUCTION
INTRODUCTION
Most attractive characteristics are- A large domestic market- The extensive agricultural land high reserves of rivers
and fresh water for an intensive use of hydroelectricity- Most needed mineral and raw materials in its soil- Large number of industries organize in an ever-
increasing industrial park- Worldrsquos largest capacity to produce ethanol from sugar
cane
INTRODUCTION
A GEOGRAPHY
- Located in eastern South America- Bordering the Atlantic Ocean- Sharing common boundaries with Argentina
Bolivia Colombia Paraguay Peru Suriname Uruguay Venezuela and the Guianas
INTRODUCTION
B POPULATION- The only Latin country colonized by the
Portuguese- 80 Urban and 20 rural- a result of ldquomelting potrdquo
INTRODUCTION
C POLITICAL SYSTEM
- Brazil is a Federal Republic- Headed by a president and two legislative
chambers (Senate and House of Representative)
- Democracy Executive Legislative and Judiciary
INTODUCTION- Brazil is a member of most multilateral worldwide organizations
1048766 UN (United Nations) 1048766 OAS (Organization of American States) 1048766 GATT (General Agreement on Tariffs and Trade) 1048766 World Bank 1048766 BID (Inter-American Development Bank) 1048766 IMF (International Monetary Fund) 1048766 ILO (International Labour Organisation)
INTRODUCTION
D ECONOMY
- Well balance economy self-sufficient in Energy
INTRODUCTION
E CURRENCY
- The currency unit is the ldquoRealrdquo (R$) introduced on July 1st 1994
INTRODUCTION
F OPPORTUNITIES FOR FOREIGN INVESTMENT
- No longer barrier
DEFINITION
DEFINITION
- The Law 413162 defines foreign capital as ldquoany goods machinery equipment cash and financial resources that enter Brazil for the production of goods or services or for investment in economic activities provided that in either case they belong to individuals or legal entities resident domiciled or headquartered abroadrdquo
DEFINITION
- Participant of foreign capital is prohibited - Domestic Flight routes- Nuclear Energy- Health Services- Post office and Telegraph Services- Businesses abutting on international borders- Aerospace industry
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
1991 ndash foreign investors has been allowed to trade on Brazilian stock market
1994 ndash Fernando Enrique Cardoso instituted new currency reined in the hyperinflation
1995- amended its constitution to eliminate the distinction between foreign and national capital
LAW OF FOREIGN INVESTMENT IN BRAZIL
Law 413162
amended by Decree 5576265
and Law 838391
All of the transactions must be registered
at the Central Bank of Brazil if they are to
serve as basis for subsequent
remittances of foreign currency h Foreign capital entering the country in the form of
direct investments or indirect investments
h Reinvestment of profits as foreign capital
h Remittances made to other countries for the purpose
of repatriation
h Changes in the value of companiesrsquo capital stock
Law of Foreign Investment
Foreign Capital Investment must be REGISTERED at the Central Bank within 30 days from its INTRODUCTION
REINVESTMENT of profits should be
registered within 30 days from the date on which the Respective Bookkeeping Entry is
made by the Brazilian c o m p a n y
Foreign C a p i t a l Requirements and Restrictions
Foreign individuals and companies are not allowed to control
investments in certain sectors including the news media atomic
energy projects or airlines
For companies established and domiciled abroad there is the
possibility of opening a non-resident account in Real
No restrictions are imposed for non-resident foreigners on ownership of
buildings
h Foreign individuals and companies are not allowed to control investments in certain sectors including the news media atomic energy projects or airlines for example
h Non-resident foreigners and companies incorporated abroad are not allowed to acquire directly rural real estate located in border areas as some other restrictions might apply
h Brazilian resident individuals are not allowed to maintain Brazilian bank accounts denominated in a foreign currency in Brazilian banks They may maintain these accounts in banks abroad and the funds must be stated in the individuals personal income tax return
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
Members
AA I Kalvika Ariviranti-BF (007200800004)
Bella Firna-IB (011200800013)Dewi Pelangi-BF
(007200800051)Fadilah Rahman-IB (011200800027)
Gracia Puspita Suciono-BF (007200800014)
Marlon Matindas ndashBF (0072008000)
INTRODUCTION
INTRODUCTION
Most attractive characteristics are- A large domestic market- The extensive agricultural land high reserves of rivers
and fresh water for an intensive use of hydroelectricity- Most needed mineral and raw materials in its soil- Large number of industries organize in an ever-
increasing industrial park- Worldrsquos largest capacity to produce ethanol from sugar
cane
INTRODUCTION
A GEOGRAPHY
- Located in eastern South America- Bordering the Atlantic Ocean- Sharing common boundaries with Argentina
Bolivia Colombia Paraguay Peru Suriname Uruguay Venezuela and the Guianas
INTRODUCTION
B POPULATION- The only Latin country colonized by the
Portuguese- 80 Urban and 20 rural- a result of ldquomelting potrdquo
INTRODUCTION
C POLITICAL SYSTEM
- Brazil is a Federal Republic- Headed by a president and two legislative
chambers (Senate and House of Representative)
- Democracy Executive Legislative and Judiciary
INTODUCTION- Brazil is a member of most multilateral worldwide organizations
1048766 UN (United Nations) 1048766 OAS (Organization of American States) 1048766 GATT (General Agreement on Tariffs and Trade) 1048766 World Bank 1048766 BID (Inter-American Development Bank) 1048766 IMF (International Monetary Fund) 1048766 ILO (International Labour Organisation)
INTRODUCTION
D ECONOMY
- Well balance economy self-sufficient in Energy
INTRODUCTION
E CURRENCY
- The currency unit is the ldquoRealrdquo (R$) introduced on July 1st 1994
INTRODUCTION
F OPPORTUNITIES FOR FOREIGN INVESTMENT
- No longer barrier
DEFINITION
DEFINITION
- The Law 413162 defines foreign capital as ldquoany goods machinery equipment cash and financial resources that enter Brazil for the production of goods or services or for investment in economic activities provided that in either case they belong to individuals or legal entities resident domiciled or headquartered abroadrdquo
DEFINITION
- Participant of foreign capital is prohibited - Domestic Flight routes- Nuclear Energy- Health Services- Post office and Telegraph Services- Businesses abutting on international borders- Aerospace industry
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
1991 ndash foreign investors has been allowed to trade on Brazilian stock market
1994 ndash Fernando Enrique Cardoso instituted new currency reined in the hyperinflation
1995- amended its constitution to eliminate the distinction between foreign and national capital
LAW OF FOREIGN INVESTMENT IN BRAZIL
Law 413162
amended by Decree 5576265
and Law 838391
All of the transactions must be registered
at the Central Bank of Brazil if they are to
serve as basis for subsequent
remittances of foreign currency h Foreign capital entering the country in the form of
direct investments or indirect investments
h Reinvestment of profits as foreign capital
h Remittances made to other countries for the purpose
of repatriation
h Changes in the value of companiesrsquo capital stock
Law of Foreign Investment
Foreign Capital Investment must be REGISTERED at the Central Bank within 30 days from its INTRODUCTION
REINVESTMENT of profits should be
registered within 30 days from the date on which the Respective Bookkeeping Entry is
made by the Brazilian c o m p a n y
Foreign C a p i t a l Requirements and Restrictions
Foreign individuals and companies are not allowed to control
investments in certain sectors including the news media atomic
energy projects or airlines
For companies established and domiciled abroad there is the
possibility of opening a non-resident account in Real
No restrictions are imposed for non-resident foreigners on ownership of
buildings
h Foreign individuals and companies are not allowed to control investments in certain sectors including the news media atomic energy projects or airlines for example
h Non-resident foreigners and companies incorporated abroad are not allowed to acquire directly rural real estate located in border areas as some other restrictions might apply
h Brazilian resident individuals are not allowed to maintain Brazilian bank accounts denominated in a foreign currency in Brazilian banks They may maintain these accounts in banks abroad and the funds must be stated in the individuals personal income tax return
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
INTRODUCTION
INTRODUCTION
Most attractive characteristics are- A large domestic market- The extensive agricultural land high reserves of rivers
and fresh water for an intensive use of hydroelectricity- Most needed mineral and raw materials in its soil- Large number of industries organize in an ever-
increasing industrial park- Worldrsquos largest capacity to produce ethanol from sugar
cane
INTRODUCTION
A GEOGRAPHY
- Located in eastern South America- Bordering the Atlantic Ocean- Sharing common boundaries with Argentina
Bolivia Colombia Paraguay Peru Suriname Uruguay Venezuela and the Guianas
INTRODUCTION
B POPULATION- The only Latin country colonized by the
Portuguese- 80 Urban and 20 rural- a result of ldquomelting potrdquo
INTRODUCTION
C POLITICAL SYSTEM
- Brazil is a Federal Republic- Headed by a president and two legislative
chambers (Senate and House of Representative)
- Democracy Executive Legislative and Judiciary
INTODUCTION- Brazil is a member of most multilateral worldwide organizations
1048766 UN (United Nations) 1048766 OAS (Organization of American States) 1048766 GATT (General Agreement on Tariffs and Trade) 1048766 World Bank 1048766 BID (Inter-American Development Bank) 1048766 IMF (International Monetary Fund) 1048766 ILO (International Labour Organisation)
INTRODUCTION
D ECONOMY
- Well balance economy self-sufficient in Energy
INTRODUCTION
E CURRENCY
- The currency unit is the ldquoRealrdquo (R$) introduced on July 1st 1994
INTRODUCTION
F OPPORTUNITIES FOR FOREIGN INVESTMENT
- No longer barrier
DEFINITION
DEFINITION
- The Law 413162 defines foreign capital as ldquoany goods machinery equipment cash and financial resources that enter Brazil for the production of goods or services or for investment in economic activities provided that in either case they belong to individuals or legal entities resident domiciled or headquartered abroadrdquo
DEFINITION
- Participant of foreign capital is prohibited - Domestic Flight routes- Nuclear Energy- Health Services- Post office and Telegraph Services- Businesses abutting on international borders- Aerospace industry
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
1991 ndash foreign investors has been allowed to trade on Brazilian stock market
1994 ndash Fernando Enrique Cardoso instituted new currency reined in the hyperinflation
1995- amended its constitution to eliminate the distinction between foreign and national capital
LAW OF FOREIGN INVESTMENT IN BRAZIL
Law 413162
amended by Decree 5576265
and Law 838391
All of the transactions must be registered
at the Central Bank of Brazil if they are to
serve as basis for subsequent
remittances of foreign currency h Foreign capital entering the country in the form of
direct investments or indirect investments
h Reinvestment of profits as foreign capital
h Remittances made to other countries for the purpose
of repatriation
h Changes in the value of companiesrsquo capital stock
Law of Foreign Investment
Foreign Capital Investment must be REGISTERED at the Central Bank within 30 days from its INTRODUCTION
REINVESTMENT of profits should be
registered within 30 days from the date on which the Respective Bookkeeping Entry is
made by the Brazilian c o m p a n y
Foreign C a p i t a l Requirements and Restrictions
Foreign individuals and companies are not allowed to control
investments in certain sectors including the news media atomic
energy projects or airlines
For companies established and domiciled abroad there is the
possibility of opening a non-resident account in Real
No restrictions are imposed for non-resident foreigners on ownership of
buildings
h Foreign individuals and companies are not allowed to control investments in certain sectors including the news media atomic energy projects or airlines for example
h Non-resident foreigners and companies incorporated abroad are not allowed to acquire directly rural real estate located in border areas as some other restrictions might apply
h Brazilian resident individuals are not allowed to maintain Brazilian bank accounts denominated in a foreign currency in Brazilian banks They may maintain these accounts in banks abroad and the funds must be stated in the individuals personal income tax return
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
INTRODUCTION
Most attractive characteristics are- A large domestic market- The extensive agricultural land high reserves of rivers
and fresh water for an intensive use of hydroelectricity- Most needed mineral and raw materials in its soil- Large number of industries organize in an ever-
increasing industrial park- Worldrsquos largest capacity to produce ethanol from sugar
cane
INTRODUCTION
A GEOGRAPHY
- Located in eastern South America- Bordering the Atlantic Ocean- Sharing common boundaries with Argentina
Bolivia Colombia Paraguay Peru Suriname Uruguay Venezuela and the Guianas
INTRODUCTION
B POPULATION- The only Latin country colonized by the
Portuguese- 80 Urban and 20 rural- a result of ldquomelting potrdquo
INTRODUCTION
C POLITICAL SYSTEM
- Brazil is a Federal Republic- Headed by a president and two legislative
chambers (Senate and House of Representative)
- Democracy Executive Legislative and Judiciary
INTODUCTION- Brazil is a member of most multilateral worldwide organizations
1048766 UN (United Nations) 1048766 OAS (Organization of American States) 1048766 GATT (General Agreement on Tariffs and Trade) 1048766 World Bank 1048766 BID (Inter-American Development Bank) 1048766 IMF (International Monetary Fund) 1048766 ILO (International Labour Organisation)
INTRODUCTION
D ECONOMY
- Well balance economy self-sufficient in Energy
INTRODUCTION
E CURRENCY
- The currency unit is the ldquoRealrdquo (R$) introduced on July 1st 1994
INTRODUCTION
F OPPORTUNITIES FOR FOREIGN INVESTMENT
- No longer barrier
DEFINITION
DEFINITION
- The Law 413162 defines foreign capital as ldquoany goods machinery equipment cash and financial resources that enter Brazil for the production of goods or services or for investment in economic activities provided that in either case they belong to individuals or legal entities resident domiciled or headquartered abroadrdquo
DEFINITION
- Participant of foreign capital is prohibited - Domestic Flight routes- Nuclear Energy- Health Services- Post office and Telegraph Services- Businesses abutting on international borders- Aerospace industry
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
1991 ndash foreign investors has been allowed to trade on Brazilian stock market
1994 ndash Fernando Enrique Cardoso instituted new currency reined in the hyperinflation
1995- amended its constitution to eliminate the distinction between foreign and national capital
LAW OF FOREIGN INVESTMENT IN BRAZIL
Law 413162
amended by Decree 5576265
and Law 838391
All of the transactions must be registered
at the Central Bank of Brazil if they are to
serve as basis for subsequent
remittances of foreign currency h Foreign capital entering the country in the form of
direct investments or indirect investments
h Reinvestment of profits as foreign capital
h Remittances made to other countries for the purpose
of repatriation
h Changes in the value of companiesrsquo capital stock
Law of Foreign Investment
Foreign Capital Investment must be REGISTERED at the Central Bank within 30 days from its INTRODUCTION
REINVESTMENT of profits should be
registered within 30 days from the date on which the Respective Bookkeeping Entry is
made by the Brazilian c o m p a n y
Foreign C a p i t a l Requirements and Restrictions
Foreign individuals and companies are not allowed to control
investments in certain sectors including the news media atomic
energy projects or airlines
For companies established and domiciled abroad there is the
possibility of opening a non-resident account in Real
No restrictions are imposed for non-resident foreigners on ownership of
buildings
h Foreign individuals and companies are not allowed to control investments in certain sectors including the news media atomic energy projects or airlines for example
h Non-resident foreigners and companies incorporated abroad are not allowed to acquire directly rural real estate located in border areas as some other restrictions might apply
h Brazilian resident individuals are not allowed to maintain Brazilian bank accounts denominated in a foreign currency in Brazilian banks They may maintain these accounts in banks abroad and the funds must be stated in the individuals personal income tax return
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
INTRODUCTION
A GEOGRAPHY
- Located in eastern South America- Bordering the Atlantic Ocean- Sharing common boundaries with Argentina
Bolivia Colombia Paraguay Peru Suriname Uruguay Venezuela and the Guianas
INTRODUCTION
B POPULATION- The only Latin country colonized by the
Portuguese- 80 Urban and 20 rural- a result of ldquomelting potrdquo
INTRODUCTION
C POLITICAL SYSTEM
- Brazil is a Federal Republic- Headed by a president and two legislative
chambers (Senate and House of Representative)
- Democracy Executive Legislative and Judiciary
INTODUCTION- Brazil is a member of most multilateral worldwide organizations
1048766 UN (United Nations) 1048766 OAS (Organization of American States) 1048766 GATT (General Agreement on Tariffs and Trade) 1048766 World Bank 1048766 BID (Inter-American Development Bank) 1048766 IMF (International Monetary Fund) 1048766 ILO (International Labour Organisation)
INTRODUCTION
D ECONOMY
- Well balance economy self-sufficient in Energy
INTRODUCTION
E CURRENCY
- The currency unit is the ldquoRealrdquo (R$) introduced on July 1st 1994
INTRODUCTION
F OPPORTUNITIES FOR FOREIGN INVESTMENT
- No longer barrier
DEFINITION
DEFINITION
- The Law 413162 defines foreign capital as ldquoany goods machinery equipment cash and financial resources that enter Brazil for the production of goods or services or for investment in economic activities provided that in either case they belong to individuals or legal entities resident domiciled or headquartered abroadrdquo
DEFINITION
- Participant of foreign capital is prohibited - Domestic Flight routes- Nuclear Energy- Health Services- Post office and Telegraph Services- Businesses abutting on international borders- Aerospace industry
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
1991 ndash foreign investors has been allowed to trade on Brazilian stock market
1994 ndash Fernando Enrique Cardoso instituted new currency reined in the hyperinflation
1995- amended its constitution to eliminate the distinction between foreign and national capital
LAW OF FOREIGN INVESTMENT IN BRAZIL
Law 413162
amended by Decree 5576265
and Law 838391
All of the transactions must be registered
at the Central Bank of Brazil if they are to
serve as basis for subsequent
remittances of foreign currency h Foreign capital entering the country in the form of
direct investments or indirect investments
h Reinvestment of profits as foreign capital
h Remittances made to other countries for the purpose
of repatriation
h Changes in the value of companiesrsquo capital stock
Law of Foreign Investment
Foreign Capital Investment must be REGISTERED at the Central Bank within 30 days from its INTRODUCTION
REINVESTMENT of profits should be
registered within 30 days from the date on which the Respective Bookkeeping Entry is
made by the Brazilian c o m p a n y
Foreign C a p i t a l Requirements and Restrictions
Foreign individuals and companies are not allowed to control
investments in certain sectors including the news media atomic
energy projects or airlines
For companies established and domiciled abroad there is the
possibility of opening a non-resident account in Real
No restrictions are imposed for non-resident foreigners on ownership of
buildings
h Foreign individuals and companies are not allowed to control investments in certain sectors including the news media atomic energy projects or airlines for example
h Non-resident foreigners and companies incorporated abroad are not allowed to acquire directly rural real estate located in border areas as some other restrictions might apply
h Brazilian resident individuals are not allowed to maintain Brazilian bank accounts denominated in a foreign currency in Brazilian banks They may maintain these accounts in banks abroad and the funds must be stated in the individuals personal income tax return
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
INTRODUCTION
B POPULATION- The only Latin country colonized by the
Portuguese- 80 Urban and 20 rural- a result of ldquomelting potrdquo
INTRODUCTION
C POLITICAL SYSTEM
- Brazil is a Federal Republic- Headed by a president and two legislative
chambers (Senate and House of Representative)
- Democracy Executive Legislative and Judiciary
INTODUCTION- Brazil is a member of most multilateral worldwide organizations
1048766 UN (United Nations) 1048766 OAS (Organization of American States) 1048766 GATT (General Agreement on Tariffs and Trade) 1048766 World Bank 1048766 BID (Inter-American Development Bank) 1048766 IMF (International Monetary Fund) 1048766 ILO (International Labour Organisation)
INTRODUCTION
D ECONOMY
- Well balance economy self-sufficient in Energy
INTRODUCTION
E CURRENCY
- The currency unit is the ldquoRealrdquo (R$) introduced on July 1st 1994
INTRODUCTION
F OPPORTUNITIES FOR FOREIGN INVESTMENT
- No longer barrier
DEFINITION
DEFINITION
- The Law 413162 defines foreign capital as ldquoany goods machinery equipment cash and financial resources that enter Brazil for the production of goods or services or for investment in economic activities provided that in either case they belong to individuals or legal entities resident domiciled or headquartered abroadrdquo
DEFINITION
- Participant of foreign capital is prohibited - Domestic Flight routes- Nuclear Energy- Health Services- Post office and Telegraph Services- Businesses abutting on international borders- Aerospace industry
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
1991 ndash foreign investors has been allowed to trade on Brazilian stock market
1994 ndash Fernando Enrique Cardoso instituted new currency reined in the hyperinflation
1995- amended its constitution to eliminate the distinction between foreign and national capital
LAW OF FOREIGN INVESTMENT IN BRAZIL
Law 413162
amended by Decree 5576265
and Law 838391
All of the transactions must be registered
at the Central Bank of Brazil if they are to
serve as basis for subsequent
remittances of foreign currency h Foreign capital entering the country in the form of
direct investments or indirect investments
h Reinvestment of profits as foreign capital
h Remittances made to other countries for the purpose
of repatriation
h Changes in the value of companiesrsquo capital stock
Law of Foreign Investment
Foreign Capital Investment must be REGISTERED at the Central Bank within 30 days from its INTRODUCTION
REINVESTMENT of profits should be
registered within 30 days from the date on which the Respective Bookkeeping Entry is
made by the Brazilian c o m p a n y
Foreign C a p i t a l Requirements and Restrictions
Foreign individuals and companies are not allowed to control
investments in certain sectors including the news media atomic
energy projects or airlines
For companies established and domiciled abroad there is the
possibility of opening a non-resident account in Real
No restrictions are imposed for non-resident foreigners on ownership of
buildings
h Foreign individuals and companies are not allowed to control investments in certain sectors including the news media atomic energy projects or airlines for example
h Non-resident foreigners and companies incorporated abroad are not allowed to acquire directly rural real estate located in border areas as some other restrictions might apply
h Brazilian resident individuals are not allowed to maintain Brazilian bank accounts denominated in a foreign currency in Brazilian banks They may maintain these accounts in banks abroad and the funds must be stated in the individuals personal income tax return
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
INTRODUCTION
C POLITICAL SYSTEM
- Brazil is a Federal Republic- Headed by a president and two legislative
chambers (Senate and House of Representative)
- Democracy Executive Legislative and Judiciary
INTODUCTION- Brazil is a member of most multilateral worldwide organizations
1048766 UN (United Nations) 1048766 OAS (Organization of American States) 1048766 GATT (General Agreement on Tariffs and Trade) 1048766 World Bank 1048766 BID (Inter-American Development Bank) 1048766 IMF (International Monetary Fund) 1048766 ILO (International Labour Organisation)
INTRODUCTION
D ECONOMY
- Well balance economy self-sufficient in Energy
INTRODUCTION
E CURRENCY
- The currency unit is the ldquoRealrdquo (R$) introduced on July 1st 1994
INTRODUCTION
F OPPORTUNITIES FOR FOREIGN INVESTMENT
- No longer barrier
DEFINITION
DEFINITION
- The Law 413162 defines foreign capital as ldquoany goods machinery equipment cash and financial resources that enter Brazil for the production of goods or services or for investment in economic activities provided that in either case they belong to individuals or legal entities resident domiciled or headquartered abroadrdquo
DEFINITION
- Participant of foreign capital is prohibited - Domestic Flight routes- Nuclear Energy- Health Services- Post office and Telegraph Services- Businesses abutting on international borders- Aerospace industry
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
1991 ndash foreign investors has been allowed to trade on Brazilian stock market
1994 ndash Fernando Enrique Cardoso instituted new currency reined in the hyperinflation
1995- amended its constitution to eliminate the distinction between foreign and national capital
LAW OF FOREIGN INVESTMENT IN BRAZIL
Law 413162
amended by Decree 5576265
and Law 838391
All of the transactions must be registered
at the Central Bank of Brazil if they are to
serve as basis for subsequent
remittances of foreign currency h Foreign capital entering the country in the form of
direct investments or indirect investments
h Reinvestment of profits as foreign capital
h Remittances made to other countries for the purpose
of repatriation
h Changes in the value of companiesrsquo capital stock
Law of Foreign Investment
Foreign Capital Investment must be REGISTERED at the Central Bank within 30 days from its INTRODUCTION
REINVESTMENT of profits should be
registered within 30 days from the date on which the Respective Bookkeeping Entry is
made by the Brazilian c o m p a n y
Foreign C a p i t a l Requirements and Restrictions
Foreign individuals and companies are not allowed to control
investments in certain sectors including the news media atomic
energy projects or airlines
For companies established and domiciled abroad there is the
possibility of opening a non-resident account in Real
No restrictions are imposed for non-resident foreigners on ownership of
buildings
h Foreign individuals and companies are not allowed to control investments in certain sectors including the news media atomic energy projects or airlines for example
h Non-resident foreigners and companies incorporated abroad are not allowed to acquire directly rural real estate located in border areas as some other restrictions might apply
h Brazilian resident individuals are not allowed to maintain Brazilian bank accounts denominated in a foreign currency in Brazilian banks They may maintain these accounts in banks abroad and the funds must be stated in the individuals personal income tax return
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
INTODUCTION- Brazil is a member of most multilateral worldwide organizations
1048766 UN (United Nations) 1048766 OAS (Organization of American States) 1048766 GATT (General Agreement on Tariffs and Trade) 1048766 World Bank 1048766 BID (Inter-American Development Bank) 1048766 IMF (International Monetary Fund) 1048766 ILO (International Labour Organisation)
INTRODUCTION
D ECONOMY
- Well balance economy self-sufficient in Energy
INTRODUCTION
E CURRENCY
- The currency unit is the ldquoRealrdquo (R$) introduced on July 1st 1994
INTRODUCTION
F OPPORTUNITIES FOR FOREIGN INVESTMENT
- No longer barrier
DEFINITION
DEFINITION
- The Law 413162 defines foreign capital as ldquoany goods machinery equipment cash and financial resources that enter Brazil for the production of goods or services or for investment in economic activities provided that in either case they belong to individuals or legal entities resident domiciled or headquartered abroadrdquo
DEFINITION
- Participant of foreign capital is prohibited - Domestic Flight routes- Nuclear Energy- Health Services- Post office and Telegraph Services- Businesses abutting on international borders- Aerospace industry
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
1991 ndash foreign investors has been allowed to trade on Brazilian stock market
1994 ndash Fernando Enrique Cardoso instituted new currency reined in the hyperinflation
1995- amended its constitution to eliminate the distinction between foreign and national capital
LAW OF FOREIGN INVESTMENT IN BRAZIL
Law 413162
amended by Decree 5576265
and Law 838391
All of the transactions must be registered
at the Central Bank of Brazil if they are to
serve as basis for subsequent
remittances of foreign currency h Foreign capital entering the country in the form of
direct investments or indirect investments
h Reinvestment of profits as foreign capital
h Remittances made to other countries for the purpose
of repatriation
h Changes in the value of companiesrsquo capital stock
Law of Foreign Investment
Foreign Capital Investment must be REGISTERED at the Central Bank within 30 days from its INTRODUCTION
REINVESTMENT of profits should be
registered within 30 days from the date on which the Respective Bookkeeping Entry is
made by the Brazilian c o m p a n y
Foreign C a p i t a l Requirements and Restrictions
Foreign individuals and companies are not allowed to control
investments in certain sectors including the news media atomic
energy projects or airlines
For companies established and domiciled abroad there is the
possibility of opening a non-resident account in Real
No restrictions are imposed for non-resident foreigners on ownership of
buildings
h Foreign individuals and companies are not allowed to control investments in certain sectors including the news media atomic energy projects or airlines for example
h Non-resident foreigners and companies incorporated abroad are not allowed to acquire directly rural real estate located in border areas as some other restrictions might apply
h Brazilian resident individuals are not allowed to maintain Brazilian bank accounts denominated in a foreign currency in Brazilian banks They may maintain these accounts in banks abroad and the funds must be stated in the individuals personal income tax return
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
INTRODUCTION
D ECONOMY
- Well balance economy self-sufficient in Energy
INTRODUCTION
E CURRENCY
- The currency unit is the ldquoRealrdquo (R$) introduced on July 1st 1994
INTRODUCTION
F OPPORTUNITIES FOR FOREIGN INVESTMENT
- No longer barrier
DEFINITION
DEFINITION
- The Law 413162 defines foreign capital as ldquoany goods machinery equipment cash and financial resources that enter Brazil for the production of goods or services or for investment in economic activities provided that in either case they belong to individuals or legal entities resident domiciled or headquartered abroadrdquo
DEFINITION
- Participant of foreign capital is prohibited - Domestic Flight routes- Nuclear Energy- Health Services- Post office and Telegraph Services- Businesses abutting on international borders- Aerospace industry
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
1991 ndash foreign investors has been allowed to trade on Brazilian stock market
1994 ndash Fernando Enrique Cardoso instituted new currency reined in the hyperinflation
1995- amended its constitution to eliminate the distinction between foreign and national capital
LAW OF FOREIGN INVESTMENT IN BRAZIL
Law 413162
amended by Decree 5576265
and Law 838391
All of the transactions must be registered
at the Central Bank of Brazil if they are to
serve as basis for subsequent
remittances of foreign currency h Foreign capital entering the country in the form of
direct investments or indirect investments
h Reinvestment of profits as foreign capital
h Remittances made to other countries for the purpose
of repatriation
h Changes in the value of companiesrsquo capital stock
Law of Foreign Investment
Foreign Capital Investment must be REGISTERED at the Central Bank within 30 days from its INTRODUCTION
REINVESTMENT of profits should be
registered within 30 days from the date on which the Respective Bookkeeping Entry is
made by the Brazilian c o m p a n y
Foreign C a p i t a l Requirements and Restrictions
Foreign individuals and companies are not allowed to control
investments in certain sectors including the news media atomic
energy projects or airlines
For companies established and domiciled abroad there is the
possibility of opening a non-resident account in Real
No restrictions are imposed for non-resident foreigners on ownership of
buildings
h Foreign individuals and companies are not allowed to control investments in certain sectors including the news media atomic energy projects or airlines for example
h Non-resident foreigners and companies incorporated abroad are not allowed to acquire directly rural real estate located in border areas as some other restrictions might apply
h Brazilian resident individuals are not allowed to maintain Brazilian bank accounts denominated in a foreign currency in Brazilian banks They may maintain these accounts in banks abroad and the funds must be stated in the individuals personal income tax return
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
INTRODUCTION
E CURRENCY
- The currency unit is the ldquoRealrdquo (R$) introduced on July 1st 1994
INTRODUCTION
F OPPORTUNITIES FOR FOREIGN INVESTMENT
- No longer barrier
DEFINITION
DEFINITION
- The Law 413162 defines foreign capital as ldquoany goods machinery equipment cash and financial resources that enter Brazil for the production of goods or services or for investment in economic activities provided that in either case they belong to individuals or legal entities resident domiciled or headquartered abroadrdquo
DEFINITION
- Participant of foreign capital is prohibited - Domestic Flight routes- Nuclear Energy- Health Services- Post office and Telegraph Services- Businesses abutting on international borders- Aerospace industry
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
1991 ndash foreign investors has been allowed to trade on Brazilian stock market
1994 ndash Fernando Enrique Cardoso instituted new currency reined in the hyperinflation
1995- amended its constitution to eliminate the distinction between foreign and national capital
LAW OF FOREIGN INVESTMENT IN BRAZIL
Law 413162
amended by Decree 5576265
and Law 838391
All of the transactions must be registered
at the Central Bank of Brazil if they are to
serve as basis for subsequent
remittances of foreign currency h Foreign capital entering the country in the form of
direct investments or indirect investments
h Reinvestment of profits as foreign capital
h Remittances made to other countries for the purpose
of repatriation
h Changes in the value of companiesrsquo capital stock
Law of Foreign Investment
Foreign Capital Investment must be REGISTERED at the Central Bank within 30 days from its INTRODUCTION
REINVESTMENT of profits should be
registered within 30 days from the date on which the Respective Bookkeeping Entry is
made by the Brazilian c o m p a n y
Foreign C a p i t a l Requirements and Restrictions
Foreign individuals and companies are not allowed to control
investments in certain sectors including the news media atomic
energy projects or airlines
For companies established and domiciled abroad there is the
possibility of opening a non-resident account in Real
No restrictions are imposed for non-resident foreigners on ownership of
buildings
h Foreign individuals and companies are not allowed to control investments in certain sectors including the news media atomic energy projects or airlines for example
h Non-resident foreigners and companies incorporated abroad are not allowed to acquire directly rural real estate located in border areas as some other restrictions might apply
h Brazilian resident individuals are not allowed to maintain Brazilian bank accounts denominated in a foreign currency in Brazilian banks They may maintain these accounts in banks abroad and the funds must be stated in the individuals personal income tax return
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
INTRODUCTION
F OPPORTUNITIES FOR FOREIGN INVESTMENT
- No longer barrier
DEFINITION
DEFINITION
- The Law 413162 defines foreign capital as ldquoany goods machinery equipment cash and financial resources that enter Brazil for the production of goods or services or for investment in economic activities provided that in either case they belong to individuals or legal entities resident domiciled or headquartered abroadrdquo
DEFINITION
- Participant of foreign capital is prohibited - Domestic Flight routes- Nuclear Energy- Health Services- Post office and Telegraph Services- Businesses abutting on international borders- Aerospace industry
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
1991 ndash foreign investors has been allowed to trade on Brazilian stock market
1994 ndash Fernando Enrique Cardoso instituted new currency reined in the hyperinflation
1995- amended its constitution to eliminate the distinction between foreign and national capital
LAW OF FOREIGN INVESTMENT IN BRAZIL
Law 413162
amended by Decree 5576265
and Law 838391
All of the transactions must be registered
at the Central Bank of Brazil if they are to
serve as basis for subsequent
remittances of foreign currency h Foreign capital entering the country in the form of
direct investments or indirect investments
h Reinvestment of profits as foreign capital
h Remittances made to other countries for the purpose
of repatriation
h Changes in the value of companiesrsquo capital stock
Law of Foreign Investment
Foreign Capital Investment must be REGISTERED at the Central Bank within 30 days from its INTRODUCTION
REINVESTMENT of profits should be
registered within 30 days from the date on which the Respective Bookkeeping Entry is
made by the Brazilian c o m p a n y
Foreign C a p i t a l Requirements and Restrictions
Foreign individuals and companies are not allowed to control
investments in certain sectors including the news media atomic
energy projects or airlines
For companies established and domiciled abroad there is the
possibility of opening a non-resident account in Real
No restrictions are imposed for non-resident foreigners on ownership of
buildings
h Foreign individuals and companies are not allowed to control investments in certain sectors including the news media atomic energy projects or airlines for example
h Non-resident foreigners and companies incorporated abroad are not allowed to acquire directly rural real estate located in border areas as some other restrictions might apply
h Brazilian resident individuals are not allowed to maintain Brazilian bank accounts denominated in a foreign currency in Brazilian banks They may maintain these accounts in banks abroad and the funds must be stated in the individuals personal income tax return
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
DEFINITION
DEFINITION
- The Law 413162 defines foreign capital as ldquoany goods machinery equipment cash and financial resources that enter Brazil for the production of goods or services or for investment in economic activities provided that in either case they belong to individuals or legal entities resident domiciled or headquartered abroadrdquo
DEFINITION
- Participant of foreign capital is prohibited - Domestic Flight routes- Nuclear Energy- Health Services- Post office and Telegraph Services- Businesses abutting on international borders- Aerospace industry
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
1991 ndash foreign investors has been allowed to trade on Brazilian stock market
1994 ndash Fernando Enrique Cardoso instituted new currency reined in the hyperinflation
1995- amended its constitution to eliminate the distinction between foreign and national capital
LAW OF FOREIGN INVESTMENT IN BRAZIL
Law 413162
amended by Decree 5576265
and Law 838391
All of the transactions must be registered
at the Central Bank of Brazil if they are to
serve as basis for subsequent
remittances of foreign currency h Foreign capital entering the country in the form of
direct investments or indirect investments
h Reinvestment of profits as foreign capital
h Remittances made to other countries for the purpose
of repatriation
h Changes in the value of companiesrsquo capital stock
Law of Foreign Investment
Foreign Capital Investment must be REGISTERED at the Central Bank within 30 days from its INTRODUCTION
REINVESTMENT of profits should be
registered within 30 days from the date on which the Respective Bookkeeping Entry is
made by the Brazilian c o m p a n y
Foreign C a p i t a l Requirements and Restrictions
Foreign individuals and companies are not allowed to control
investments in certain sectors including the news media atomic
energy projects or airlines
For companies established and domiciled abroad there is the
possibility of opening a non-resident account in Real
No restrictions are imposed for non-resident foreigners on ownership of
buildings
h Foreign individuals and companies are not allowed to control investments in certain sectors including the news media atomic energy projects or airlines for example
h Non-resident foreigners and companies incorporated abroad are not allowed to acquire directly rural real estate located in border areas as some other restrictions might apply
h Brazilian resident individuals are not allowed to maintain Brazilian bank accounts denominated in a foreign currency in Brazilian banks They may maintain these accounts in banks abroad and the funds must be stated in the individuals personal income tax return
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
DEFINITION
- The Law 413162 defines foreign capital as ldquoany goods machinery equipment cash and financial resources that enter Brazil for the production of goods or services or for investment in economic activities provided that in either case they belong to individuals or legal entities resident domiciled or headquartered abroadrdquo
DEFINITION
- Participant of foreign capital is prohibited - Domestic Flight routes- Nuclear Energy- Health Services- Post office and Telegraph Services- Businesses abutting on international borders- Aerospace industry
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
1991 ndash foreign investors has been allowed to trade on Brazilian stock market
1994 ndash Fernando Enrique Cardoso instituted new currency reined in the hyperinflation
1995- amended its constitution to eliminate the distinction between foreign and national capital
LAW OF FOREIGN INVESTMENT IN BRAZIL
Law 413162
amended by Decree 5576265
and Law 838391
All of the transactions must be registered
at the Central Bank of Brazil if they are to
serve as basis for subsequent
remittances of foreign currency h Foreign capital entering the country in the form of
direct investments or indirect investments
h Reinvestment of profits as foreign capital
h Remittances made to other countries for the purpose
of repatriation
h Changes in the value of companiesrsquo capital stock
Law of Foreign Investment
Foreign Capital Investment must be REGISTERED at the Central Bank within 30 days from its INTRODUCTION
REINVESTMENT of profits should be
registered within 30 days from the date on which the Respective Bookkeeping Entry is
made by the Brazilian c o m p a n y
Foreign C a p i t a l Requirements and Restrictions
Foreign individuals and companies are not allowed to control
investments in certain sectors including the news media atomic
energy projects or airlines
For companies established and domiciled abroad there is the
possibility of opening a non-resident account in Real
No restrictions are imposed for non-resident foreigners on ownership of
buildings
h Foreign individuals and companies are not allowed to control investments in certain sectors including the news media atomic energy projects or airlines for example
h Non-resident foreigners and companies incorporated abroad are not allowed to acquire directly rural real estate located in border areas as some other restrictions might apply
h Brazilian resident individuals are not allowed to maintain Brazilian bank accounts denominated in a foreign currency in Brazilian banks They may maintain these accounts in banks abroad and the funds must be stated in the individuals personal income tax return
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
DEFINITION
- Participant of foreign capital is prohibited - Domestic Flight routes- Nuclear Energy- Health Services- Post office and Telegraph Services- Businesses abutting on international borders- Aerospace industry
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
1991 ndash foreign investors has been allowed to trade on Brazilian stock market
1994 ndash Fernando Enrique Cardoso instituted new currency reined in the hyperinflation
1995- amended its constitution to eliminate the distinction between foreign and national capital
LAW OF FOREIGN INVESTMENT IN BRAZIL
Law 413162
amended by Decree 5576265
and Law 838391
All of the transactions must be registered
at the Central Bank of Brazil if they are to
serve as basis for subsequent
remittances of foreign currency h Foreign capital entering the country in the form of
direct investments or indirect investments
h Reinvestment of profits as foreign capital
h Remittances made to other countries for the purpose
of repatriation
h Changes in the value of companiesrsquo capital stock
Law of Foreign Investment
Foreign Capital Investment must be REGISTERED at the Central Bank within 30 days from its INTRODUCTION
REINVESTMENT of profits should be
registered within 30 days from the date on which the Respective Bookkeeping Entry is
made by the Brazilian c o m p a n y
Foreign C a p i t a l Requirements and Restrictions
Foreign individuals and companies are not allowed to control
investments in certain sectors including the news media atomic
energy projects or airlines
For companies established and domiciled abroad there is the
possibility of opening a non-resident account in Real
No restrictions are imposed for non-resident foreigners on ownership of
buildings
h Foreign individuals and companies are not allowed to control investments in certain sectors including the news media atomic energy projects or airlines for example
h Non-resident foreigners and companies incorporated abroad are not allowed to acquire directly rural real estate located in border areas as some other restrictions might apply
h Brazilian resident individuals are not allowed to maintain Brazilian bank accounts denominated in a foreign currency in Brazilian banks They may maintain these accounts in banks abroad and the funds must be stated in the individuals personal income tax return
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
1991 ndash foreign investors has been allowed to trade on Brazilian stock market
1994 ndash Fernando Enrique Cardoso instituted new currency reined in the hyperinflation
1995- amended its constitution to eliminate the distinction between foreign and national capital
LAW OF FOREIGN INVESTMENT IN BRAZIL
Law 413162
amended by Decree 5576265
and Law 838391
All of the transactions must be registered
at the Central Bank of Brazil if they are to
serve as basis for subsequent
remittances of foreign currency h Foreign capital entering the country in the form of
direct investments or indirect investments
h Reinvestment of profits as foreign capital
h Remittances made to other countries for the purpose
of repatriation
h Changes in the value of companiesrsquo capital stock
Law of Foreign Investment
Foreign Capital Investment must be REGISTERED at the Central Bank within 30 days from its INTRODUCTION
REINVESTMENT of profits should be
registered within 30 days from the date on which the Respective Bookkeeping Entry is
made by the Brazilian c o m p a n y
Foreign C a p i t a l Requirements and Restrictions
Foreign individuals and companies are not allowed to control
investments in certain sectors including the news media atomic
energy projects or airlines
For companies established and domiciled abroad there is the
possibility of opening a non-resident account in Real
No restrictions are imposed for non-resident foreigners on ownership of
buildings
h Foreign individuals and companies are not allowed to control investments in certain sectors including the news media atomic energy projects or airlines for example
h Non-resident foreigners and companies incorporated abroad are not allowed to acquire directly rural real estate located in border areas as some other restrictions might apply
h Brazilian resident individuals are not allowed to maintain Brazilian bank accounts denominated in a foreign currency in Brazilian banks They may maintain these accounts in banks abroad and the funds must be stated in the individuals personal income tax return
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
HISTORY OF FOREIGN INVESTMENT IN BRAZIL
1991 ndash foreign investors has been allowed to trade on Brazilian stock market
1994 ndash Fernando Enrique Cardoso instituted new currency reined in the hyperinflation
1995- amended its constitution to eliminate the distinction between foreign and national capital
LAW OF FOREIGN INVESTMENT IN BRAZIL
Law 413162
amended by Decree 5576265
and Law 838391
All of the transactions must be registered
at the Central Bank of Brazil if they are to
serve as basis for subsequent
remittances of foreign currency h Foreign capital entering the country in the form of
direct investments or indirect investments
h Reinvestment of profits as foreign capital
h Remittances made to other countries for the purpose
of repatriation
h Changes in the value of companiesrsquo capital stock
Law of Foreign Investment
Foreign Capital Investment must be REGISTERED at the Central Bank within 30 days from its INTRODUCTION
REINVESTMENT of profits should be
registered within 30 days from the date on which the Respective Bookkeeping Entry is
made by the Brazilian c o m p a n y
Foreign C a p i t a l Requirements and Restrictions
Foreign individuals and companies are not allowed to control
investments in certain sectors including the news media atomic
energy projects or airlines
For companies established and domiciled abroad there is the
possibility of opening a non-resident account in Real
No restrictions are imposed for non-resident foreigners on ownership of
buildings
h Foreign individuals and companies are not allowed to control investments in certain sectors including the news media atomic energy projects or airlines for example
h Non-resident foreigners and companies incorporated abroad are not allowed to acquire directly rural real estate located in border areas as some other restrictions might apply
h Brazilian resident individuals are not allowed to maintain Brazilian bank accounts denominated in a foreign currency in Brazilian banks They may maintain these accounts in banks abroad and the funds must be stated in the individuals personal income tax return
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
LAW OF FOREIGN INVESTMENT IN BRAZIL
Law 413162
amended by Decree 5576265
and Law 838391
All of the transactions must be registered
at the Central Bank of Brazil if they are to
serve as basis for subsequent
remittances of foreign currency h Foreign capital entering the country in the form of
direct investments or indirect investments
h Reinvestment of profits as foreign capital
h Remittances made to other countries for the purpose
of repatriation
h Changes in the value of companiesrsquo capital stock
Law of Foreign Investment
Foreign Capital Investment must be REGISTERED at the Central Bank within 30 days from its INTRODUCTION
REINVESTMENT of profits should be
registered within 30 days from the date on which the Respective Bookkeeping Entry is
made by the Brazilian c o m p a n y
Foreign C a p i t a l Requirements and Restrictions
Foreign individuals and companies are not allowed to control
investments in certain sectors including the news media atomic
energy projects or airlines
For companies established and domiciled abroad there is the
possibility of opening a non-resident account in Real
No restrictions are imposed for non-resident foreigners on ownership of
buildings
h Foreign individuals and companies are not allowed to control investments in certain sectors including the news media atomic energy projects or airlines for example
h Non-resident foreigners and companies incorporated abroad are not allowed to acquire directly rural real estate located in border areas as some other restrictions might apply
h Brazilian resident individuals are not allowed to maintain Brazilian bank accounts denominated in a foreign currency in Brazilian banks They may maintain these accounts in banks abroad and the funds must be stated in the individuals personal income tax return
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
Law 413162
amended by Decree 5576265
and Law 838391
All of the transactions must be registered
at the Central Bank of Brazil if they are to
serve as basis for subsequent
remittances of foreign currency h Foreign capital entering the country in the form of
direct investments or indirect investments
h Reinvestment of profits as foreign capital
h Remittances made to other countries for the purpose
of repatriation
h Changes in the value of companiesrsquo capital stock
Law of Foreign Investment
Foreign Capital Investment must be REGISTERED at the Central Bank within 30 days from its INTRODUCTION
REINVESTMENT of profits should be
registered within 30 days from the date on which the Respective Bookkeeping Entry is
made by the Brazilian c o m p a n y
Foreign C a p i t a l Requirements and Restrictions
Foreign individuals and companies are not allowed to control
investments in certain sectors including the news media atomic
energy projects or airlines
For companies established and domiciled abroad there is the
possibility of opening a non-resident account in Real
No restrictions are imposed for non-resident foreigners on ownership of
buildings
h Foreign individuals and companies are not allowed to control investments in certain sectors including the news media atomic energy projects or airlines for example
h Non-resident foreigners and companies incorporated abroad are not allowed to acquire directly rural real estate located in border areas as some other restrictions might apply
h Brazilian resident individuals are not allowed to maintain Brazilian bank accounts denominated in a foreign currency in Brazilian banks They may maintain these accounts in banks abroad and the funds must be stated in the individuals personal income tax return
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
All of the transactions must be registered
at the Central Bank of Brazil if they are to
serve as basis for subsequent
remittances of foreign currency h Foreign capital entering the country in the form of
direct investments or indirect investments
h Reinvestment of profits as foreign capital
h Remittances made to other countries for the purpose
of repatriation
h Changes in the value of companiesrsquo capital stock
Law of Foreign Investment
Foreign Capital Investment must be REGISTERED at the Central Bank within 30 days from its INTRODUCTION
REINVESTMENT of profits should be
registered within 30 days from the date on which the Respective Bookkeeping Entry is
made by the Brazilian c o m p a n y
Foreign C a p i t a l Requirements and Restrictions
Foreign individuals and companies are not allowed to control
investments in certain sectors including the news media atomic
energy projects or airlines
For companies established and domiciled abroad there is the
possibility of opening a non-resident account in Real
No restrictions are imposed for non-resident foreigners on ownership of
buildings
h Foreign individuals and companies are not allowed to control investments in certain sectors including the news media atomic energy projects or airlines for example
h Non-resident foreigners and companies incorporated abroad are not allowed to acquire directly rural real estate located in border areas as some other restrictions might apply
h Brazilian resident individuals are not allowed to maintain Brazilian bank accounts denominated in a foreign currency in Brazilian banks They may maintain these accounts in banks abroad and the funds must be stated in the individuals personal income tax return
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
Foreign C a p i t a l Requirements and Restrictions
Foreign individuals and companies are not allowed to control
investments in certain sectors including the news media atomic
energy projects or airlines
For companies established and domiciled abroad there is the
possibility of opening a non-resident account in Real
No restrictions are imposed for non-resident foreigners on ownership of
buildings
h Foreign individuals and companies are not allowed to control investments in certain sectors including the news media atomic energy projects or airlines for example
h Non-resident foreigners and companies incorporated abroad are not allowed to acquire directly rural real estate located in border areas as some other restrictions might apply
h Brazilian resident individuals are not allowed to maintain Brazilian bank accounts denominated in a foreign currency in Brazilian banks They may maintain these accounts in banks abroad and the funds must be stated in the individuals personal income tax return
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
No specific restr ict ion regarding temporary
investments
The most common way to get back money invested in
Brazi l is through capital repatriation
Temporary Investments
Foreign Exchange Control
There are 2 slightly different rates
Commercial Turismo
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
ARBITRATION
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
Brazil was one of the last Latin American countries to accept
international commercial arbitration
The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered
outside Brazilian territory
Article 35 states that in order to be recognized or enforced in Brazil a foreign
arbitration award is subject solely to homologation by the Supreme Federal
Court
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
ARBITRATION
bull Brazil was one of the last Latin American countries to accept international commercial arbitration
bull The Brazilian Arbitration Law in article 34 sole paragraph provides that a foreign arbitration award is any award that has been rendered outside Brazilian territory
bull Article 35 states that in order to be recognized or enforced in Brazil a foreign arbitration award is subject solely to homologation by the Supreme Federal Court 1
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
ARBITRATIONThere are many reasons why Brazilian shall be optimist with respect to the arbitration prospects in the country bull First of all since the enactment of Law n 930796 many books and
articles have been dedicated to the subject Two Legal Reviews are published on a quarterly basis and one on a year basis which includes aspects involving mediation
bull Some Law School has introduced arbitration in the regular legal discipline and have successfully launched it as a post graduation course
bull It is uncountable the number of national and international conferences held every year in Brazil since 1996 The legal community has enhanced quite fast an arbitration background and has also take advantages from international development through the exchange of knowledge
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
ARBITRATION
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
ARBITRATION
bull What should potential foreign investors looking at investment opportunities in Brazil do to protect their interests
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-
COMPARISON
- Investment Law
- Members
- INTRODUCTION
- INTRODUCTION (2)
- INTRODUCTION (3)
- INTRODUCTION (4)
- INTRODUCTION (5)
- INTODUCTION
- INTRODUCTION (6)
- INTRODUCTION (7)
- INTRODUCTION (8)
- DEFINITION
- DEFINITION (2)
- DEFINITION (3)
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL
- HISTORY OF FOREIGN INVESTMENT IN BRAZIL (2)
- LAW OF FOREIGN INVESTMENT IN BRAZIL
- Law 413162
- Slide 19
- Foreign Capital Requirements and Restrictions
- Slide 21
- ARBITRATION
- Slide 23
- ARBITRATION (2)
- ARBITRATION (3)
- ARBITRATION (4)
- ARBITRATION (5)
- COMPARISON
-