English
TAX LAW
Tax advice is one of the important pillars of business law provided by Tubino e Associados and aims at better meeting tax requirements to maximize the tax benefits the companies in corporate restructurings.
Tax Administrative Litigation
Tax administrative litigation comprises the preparation of defenses in the Federal and Administrative fora, state and local, with the objective of voiding tax assessment notices issued against our clients, both in the initial stage of administrative proceedings and the appeals to the collegiate judging bodies level (Court of Taxes and Duties, the Taxpayers’ Councils, Appeals Council of Social Welfare). We also present oral arguments of the reasons of appeal.
Tax Litigation
We represent clients in lawsuits in various fora at the Federal, State and Local levels. Our lawsuits aim at challenging the constitutionality and / or legality of provisions governing the requirement of taxes.
Tax Advice
The tax advisory practice is divided in the following specialized services:
- Tax Planning
- Legal Opinions
- Tax Practices Review
- Review of Income Tax Declarations for Individuals Legal Entities
- Implementation and Participation in Tax Committees
- Assistance to Immune and Exempt Entities – Third Sector
- Foreign Trade
- Monitoring Tax Audits
- In-Company Consulting
- Due Diligence
CORPORATE LAW
Specialized legal services in the corporate practice of Tubino e Associados include structuring limited liability companies and corporations, the incorporation of silent partnerships, foundations and associations, drafting shareholder agreements and other relevant corporate documents, creating holding companies and succession planning, mergers, spin-offs and acquisitions of companies, joint ventures, participation in shareholders` meetings, mediating disputes between partners, liquidation and dissolution of companies and the submission of applications for judicial and extrajudicial recovery, and bankruptcies.
The services provided in this practice also comprise the design and implementation of corporate restructuring processes, through innovative capital structures aimed at acquisitions, sale of equity interest and other types of purchase and sale of businesses or assets.
MERGERS AND ACQUISITIONS
We advise both sellers and buyers in mergers and acquisitions and joint ventures. Our firm participates effectively in all stages of the transaction, including the negotiations. Our work in this practice usually involves carrying out a complete due diligence, comprising data checkup and information obtained by the company to be assessed as well as the “in loco” inspection of its legal situation before judicial and administrative governmental agencies. Our advice comprises the whole process, through the legal structuring of the transaction, contract negotiation and fulfillment of further conditions.
SUCCESSION PLANNING
Currently many successful people have chosen to carry out a family succession planning. There are several ways to prepare the succession planning and should be analyzed in a case-by-case basis to propose the best format.
Our firm is able to perform succession plannings with excellence, conducting studies and evaluations in order to provide the best format for a safe, efficient, and less costly family succession, to protect and safeguard our clients, family and the assets involved.
FOREIGN INVESTMENTS
Tubino e Associados also works in the practice of foreign investments in Brazil, advising parent companies and its Brazilian subsidiaries. Our attorneys have extensive knowledge of the regulation issued by the Central Bank of Brazil, being able to regularly assist clients in registration, approval of foreign loans, guarantees, operational and financial leasing transactions in local and international markets and in all operations involving foreign capital in Brazil.
AVIATION LAW
For the operation of public and private air services is essential to have general legal advice for drafting and negotiating contracts involving aircraft and other matters related to domestic or international Aeronautical Law, working before specific government agencies such as the Ministry of Defense, ANAC and Brazilian Aircraft Registry. Our services in this area of increasing importance in Brazil include advising regular airlines and charter (air taxi) and aircraft finance and leasing companies for the purchase / sale or lease of aircraft, engines or parts, as well as structuring the adequate guarantees to the transaction.
LABOR LAW AND SOCIAL SECURITY
Within our labor practice we advise clients with analyses for the identification and determination of potential liability situations, present with better policies and practices in order to minimize contingencies and achieve the best results, both in litigation and preventively. We propose solutions and mitigation alternatives and / or treatment of risks. We also advise clients for the compliance with legal requirements and proposing possible alternatives to reduce labor costs and social security, while maximizing the benefits of the company and employees.
For some special clients we manage massive portfolios of labor lawsuits throughout the country, including the management of corresponding lawyers.
PRIVATE AND COMMERCIAL LAW
We act in all fields of private law. We advise our clients on issues such obligations, liability, contracts and inheritance. The performance of our team stands out in the negotiation, drafting and closing of a civil contracts, as well as real estate contracts, purchase and sale contracts in its various forms, services, liability for medical error, etc.
The advice in commercial law is one of the most important services provided by Tubino e Associados, which involves both drafting contracts and broad advice to the activities of our clients. Currently the office has been developing important work in the fields of transportation and logistics, commercial representation, distribution, franchises and, among other things, motor vehicle dealerships.
CREDIT RECOVERY AND CONTRACT MANAGEMENT
Tubino e Associados provides unique services in the credit recovery and contract management practices, emphasizing negotiation strategies. Thus, using the experience of our professionals, our firm provides in particular to commercial companies and financial institutions a distinct service, in which negotiation techniques and strategies are added to legal measures of civil litigation aiming at the recovery of credit or resolution of the dispute faster and at a lower cost.
CONSUMER LAW
Our lawyers work in drafting contracts for services or supply of goods to consumers, and provide advice in order to adapt the procedures adopted by companies and suppliers to the Brazilian Consumer Protection Code and the guidelines of the consumer protection agencies. In addition, our litigation team is structured to manage large volumes of lawsuits nationwide.
ADMINISTRATIVE LAW
In addition to the advice in national and international bids, covering the entire bidding process, from the preparation of proposals, appeals and objections, to the legal analysis of risks and guarantees of bidders, the Tubino e Associados offers legal advice to private companies interested in formalizing contracts with the government and contentious administrative processes.
REAL ESTATE LAW
Our real estate law practice consists of advising and consulting deals involving the purchase, sale, exchange and leasing of real estate, collections; advising in processes splitting-up and subdividing real estate, as well as mergers and establishment of condominiums; examination of environmental issues; real estate documentation analysis (“Title Report”); monitoring and rectification of public records; and lawsuits if necessary.
INDUSTRIAL PROPERTY AND INTELLECTUAL COPYRIGHT
Globalization is giving a new impetus to issues of industrial property and intellectual and copyright, especially for having increased industrial competition, as with the opening of national economies, new consumer markets emerge.
Thus, in order to better serve our clients, we promote widespread legal action in defense of trademarks, patents, utility models and industrial designs and trade names, preventive and combative piracy and unfair competition as well as on registration works of all kinds.
In addition to the registration and protection services, we offer complete assistance to drafting and negotiation of assignment and licensing agreements for copyright, assignment or licensing for patents and trademarks, franchise agreements, confidentiality agreements and transfer agreements technology in general.
Our firm does not just provide bureaucratic facilities to our clients. We aim to provide optimal legal service fully customized according to the specific needs of each client.
ARBITRATION AND MEDIATION
Our firm has extensive experience in corporate, local or international arbitration. We operate in international arbitrations involving foreign laws and languages and with deep knowledge of the most common substantive issues in arbitration, such as construction, corporate disputes and infrastructure projects. Our practice also includes litigation in support of arbitration, enforcement of foreign awards and annulment of arbitral awards in special cases.
Our practice of international arbitration benefits from the specific experience of our lawyers in international processes in which the document production rules and witnesses, for example, is subject to its own international practice.
We also work in mediations and other special ways of conflict resolution to obtain a more favorable agreement for our clients considering the costs and risks of an arbitral or judicial proceedings.
AGRIBUSINESS
Integrating all our other sectors of activity for the complete solution of issues related to agribusiness, we have specialized staff to give legal advice in corporate transactions and/or mergers and acquisitions involving companies and other players integrated into the chain. We carry out structuring operations backed or formalized by agribusiness securities, such as rural product notes – CPR, Agricultural Certificate of Deposit and Agribusiness Warrants – CDA / WA, Agribusiness Credit Bills – LCA, Credit Rights Certificate in Agribusiness – CDCA, among others; we draft, analyze and negotiate contracts in general, from partnerships and leases, supply, fleet renewal, purchase and sale of agricultural inputs, raw materials and own commodities, to more complex issues involving logistics, transportation, insurance, storage, import and export, etc., as well as agreements and instruments relating to matters related to land ownership (including all issues, advisory and contentious, involving government agencies, municipalities, regulatory agencies and notaries). We also negotiate and collect judicial or extrajudicial credits arising from contracts and debt securities linked to agribusiness.
