Tauil & Chequer in association with Mayer Brown LLP offers both its domestic and foreign clients comprehensive legal advice in connection with the legal and tax aspects of structuring investment funds.
We advise our clients in the negotiation and formation of investment funds, actively participating in the process of determining the most suitable vehicle for the envisaged investment, negotiating the formation documents and related agreements and supervising the registration of the funds with the appropriate authorities.
As a full service firm, we offer our clients multidisciplinary advice. We have in-depth knowledge and understanding of the tax issues inherent in the several types of investment funds regulated by Brazilian law and the applicable foreign exchange and capital markets regulations.
Our practice comprises several types of investment funds, including Private Equity Funds, regulated by CVM Instruction 391/03, Receivables Investment Funds, regulated by CVM Instruction 356/01 and Real Estate Funds, regulated by CVM Instruction 472/08.
We have represented both investors and fund managers in connection with structuring Private Equity Funds that have proven to be appropriate for structured acquisitions, particularly in the context of private equity investments. In combination with our M&A practice, we have also advised such funds on acquisitions of target companies.
Our Receivables Investment Fund practice provides legal representation to companies in connection with the securitization of their receivables through formation of such funds and placement of the funds units in the market. Our team also advises investors and Fund managers, conducting due diligence on the receivables purchased by the funds.
We also advise developers and financial institutions in connection with the legal structuring of Real Estate Funds. We pair with our tax area to identify efficient tax structures for such investments and work on the formation of such funds and due diligence on, and acquisition of, the underlying real estate assets.
Whatever the type of structured fund, we work together with our capital markets area to provide legal representation to asset and fund managers in relation to placing and distributing fund units in the market, including support in public offers regulated by CVM Instruction 400/03 and public offers with restricted selling efforts regulated by CVM Instruction 476/09.
The association between T&C and Mayer Brown whose global funds practice includes over 100 in offices located in the major global jurisdictions, combined with our knowledge of local regulations puts us in a position to advise clients with unique efficiency on cross-border transactions, structuring investments in Brazil for foreign clients and investments overseas for Brazilian clients.