Banks, Financial services and Fintechs

In the dynamic financial and technological landscape, the right legal counsel plays a crucial role in facilitating transactions and ensuring compliance with regulations within the legal market. Our services span from regulatory advisory in financial institutions to guiding fintech companies amidst a continuously evolving regulatory environment.

  • Regulatory advisory encompasses, among other things: (a) the transfer of controlling interest or qualified participation in financial institutions; (b) structuring and offering financial products; (c) banking secrecy; (d) special regimes involving financial institutions; and (e) other matters addressed in regulations issued by the National Monetary Council and the Central Bank;
  • Formation of financial institutions;
  • Funding for financial institutions (subordinated debt issuances, bonds, and financial notes);
  • Foreign investments in Brazil, Brazilian investments abroad, and foreign exchange;
  • Central Bank’s LIFT (Simplified Information on Financial Transactions);
  • M&A involving financial institutions;
  • Derivatives transactions;
  • Open Finance and PIX (Instant Payment System);
  • Structured financial transactions, such as syndicated loans, corporate debt restructuring, and trade finance (Advance Payment, Export Credit Note, and Import Credit Note);
  • Administrative proceedings pursued within the purview of the Central Bank or the National Financial System Resources Council;
  • Commitment Agreements.

Fintechs

  • Guidance to founders in the conception, creation, and development of payment institutions, direct credit societies, and peer-to-peer lending companies, including the authorization process with the Central Bank;
  • Investment rounds conducted by Venture Capital funds;
  • Regulatory topics related to the National Financial System (NFS), Brazilian Payment System (SPB), Open Banking, and Instant Payments;
  • Drafting of Terms and Conditions of Use, Privacy Policies, and other product structuring instruments;
  • Drafting and negotiation of strategic partnerships between fintechs and institutions authorized to operate by the Central Bank;
  • Consulting on compliance and oversight of existing banking regulations;
  • Data protection, banking confidentiality, General Data Protection Law (LGPD), and cybersecurity;
  • Drafting, negotiation, and implementation of financial operations conducted by fintechs;
  • Structuring of financial products and payment methods using digital platforms and similar technologies; and
  • Regulatory framework concerning Investment Funds in Receivables Rights (FIDCs).

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BVA Advogados
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