Cross-Border Transactions
Brazilian-law structuring of foreign investment and international business transactions.
Cross-border transactions connect legal regimes that do not always attribute the same effects to contracts, security interests and equity holdings. In Brazil, foreign investment and the associated financial flows must be examined under the applicable corporate, foreign-exchange and tax rules. The international origin of the capital does not by itself resolve sector-specific or authorization requirements. The documentation must identify the participants, the nature of the investment and the manner in which funds enter and return.
Legal advice covers investment instruments, international contracts and review of the required information and declarations. Choice of law, jurisdiction, dispute resolution and the enforceability of security interests are also assessed. Implementation may require foreign documents with their own formalities and coordination with qualified professionals in other jurisdictions when necessary. The treatment of effects abroad must be distinguished from the Brazilian analysis. Taxation, sanctions and data protection may affect the structuring even when the main transaction is corporate in nature.
Our work
- Foreign investment and Brazilian corporate structuring
- International contracts and review of security interests
- Foreign-exchange classification and reporting obligations
Does a contract governed by foreign law override all Brazilian rules?
No. Mandatory Brazilian rules may still apply, including in regulatory, foreign-exchange and enforcement matters within Brazil. The scope of a choice-of-law clause requires its own analysis.
Editorial review: