Upload
others
View
1
Download
0
Embed Size (px)
Citation preview
About LBMFLBMF | BARBOSA & FERRAZ IVAMOTO ADVOGADOS was founded by partners Luís Alexandre Barbosa and
Mônica Ferraz Ivamoto, attorneys specialized in tax,
corporate and customs law with previous work experience
in renowned law �rms with signi�cant presence in the
local and international markets.
Both partners and their teams share a special view of
the practice of law which is quite common in the
international market, but, in the Brazilian legal market
is still incipient and evolving: this is the so-called "business
law practice".
This represents a di�erent vision of the practice of law
which is not limited to the mere practice of the
various areas of Law, but, rather, presupposes the
strategic application of di�erent segments of the
practice of law so as to help our clients in the development
and improvement of new businesses and projects,
guided at all times by our commitment to quality and
expeditiousness, without losing sight of ethics and
transparency in providing practical, e�cient and
commercially viable solutions for all law-related problems
submitted to us.
As a natural result of its partners' experience, the �rm
has already established its reputation in assisting
domestic and international clients operating in
several di�erent markets (automotive, telecom,
service providers, credit and debit card administrators,
educational institutions, importers and exporters of
various sectors, investment funds, �nancial institutions,
logistics and transportation �rms, information
technology, e-commerce, computer equipment
distributors, retailers, etc.) always working with the
highest standard of quality service to exceed clients'
most demanding requirements.
LBMF is located in one of the most important business centers in the neighborhood of Itaim Bibi, in the city of São Paulo, and counts with a dynamic team prepared to render legal services with the highest standards of technical excellence.
02
LBMFDUE DILIGENCE
MERGERS ANDACQUISITIONS
FORMATION OFJOINT VENTURES
INTERNATIONALTAXATION
TRANSFERPRICING
TAX PLANNING
FEDERAL, STATE ANDMUNICIPAL TAX INCENTIVES
QUALIFYING FORSPECIAL TAX REGIMES
SUBMISSION OFTAX CONSULTATIONS
Practice Areas
04
TAX LAW
LBMF provides legal assistance to clients by analyzing the direct and indirect tax implications, especially in regard to the following:
• Mergers and acquisitions;• Formation of joint ventures;• International taxation;• Transfer pricing;• Tax planning;• Federal, state and municipal tax incentives;• Qualifying for special tax regimes;• Submission of tax consultations;• Due diligence;
Our �rm represents the interests of clients vis-à-vis the Courts of Law and Administrative Authorities, including the following services: • Drafting and follow-up on administrative statements of defense �led against tax assessment notices issued by the Federal, State and Local governments; • Filing several types of legal action regarding tax matters such as actions for writ of mandamus, actions to annul tax debts, motion to stay execution in tax cases; etc., at all levels.
CUSTOMS LAW
LBMF also provides legal services relating to the identi�cation, study and analysis of various matters involving Customs Law, such as:
• Special tax regimes (Drawback, 'Repetro', Temporary Admission, Bonded Warehouse, 'RECOF', etc.);• Tari� classi�cation of goods;• "Ex tarifários" [reduction of import tax for speci�c products];• Special regimes applicable to imports in certain States;• Tax consultancy in tari� classi�cation questions and tax and customs matters;• Drafting and follow up on administrative statements of defense �led against tax assessment notices issued by the Federal Government in regard to customs matters;• Filing all types of legal actions involving customs matters.
CORPORATE LAW
In addition to tax and customs law, LBMF assists
clients in routine business activities, such as:
• Organization, modi�cation and corporate restructuring
also with a view to reducing the tax burden;
• Foreign investments in Brazil;
• Representation of clients in general meetings;
• Partnerships and joint ventures;
• Legal audit for corporate operations.
LBMF is integrated with other renowned law �rms whose members have the same level of quali�cation and are dedicated to the prompt providing of services of technical excellence in the other areas of business law.
OTHER PRACTICE AREAS
Our Clientss a result of its partners’ experience, the �rm has already established its reputation in assisting domestic and international clients operating in several di�erent markets, including:A
06
• Automotive;
• Telecom service providers;
• Credit and debit card administrators and related
markets;
• Investment funds and �nancial institutions;
• Importers and exporters of various sectors;
• Logistics and transportation �rms;
• Computer equipment manufacturers and distributors
and related markets;
• IT companies;
• Educational institutions;
• Foundations and other non-pro�t organizations;
• Infrastructure;
• Beverages;
• Family businesses.
BACKGROUND
• Pontifícia Universidade Católica de São Paulo –
Bachelor’s degree in Law in 2001.
• Pontifícia Universidade Católica de São Paulo –
Graduate certi�cate in Tax Law in 2003.
• Fundação Getúlio Vargas – Graduate certi�cate
in Economics and Business Law in 2005.
Languages: Portuguese / English
MembersLuís Alexandre Barbosa
Luís Alexandre Barbosa is the partner responsible
for direct taxes and tax planning, as well as mergers,
acquisitions and joint ventures.
In more than 14 years of experience, he has developed
his career in taxation in two of the most renowned
law �rms in Brazil (Felsberg, Pedretti, Mannrich Advogados
and Demarest e Almeida), where he worked on cases
involving the so-called 'direct' taxes (IRRJ, CSLL, PIS,
COFINS, IOF, etc.), both in the consulting area and in
tax litigation.
Barbosa holds a graduate certi�cate in Economics
and Business Law from Fundação Getúlio Vargas
(FGV/EASP) and in Tax Law from the Pontifícia Universidade
Católica de São Paulo (PUC/SP).
He is also a visiting professor of Fundação Instituto de
Administração (FIA), an entity associated with the
Universidade de São Paulo (USP) for the undergraduate
course in Tax Law and Tax Planning for Business
Administrators o�ered by such institution.
07
Mônica Ferraz Ivamoto
Mônica is the partner responsible for the area of indirect taxes and Customs law.With more than 17 years of experience, 10 of which dedicated to the tax department of one of the most renowned law �rms in Brazil (Mariz de Oliveira e Siqueira Campos Advogados), where most of the time she worked on cases involving the so-called 'indirect' taxes (ICMS, IPI, ISS, Import Tax, PIS, COFINS, etc.), and also in customs law matters. In the tax area, she advises clients in many di�erent industries, assisting them in identifying payable taxes by companies engaged in manufacturing, commercial, service provider and foreign trade �rms, as well as in legal actions and administrative disputes at the municipal, state and federal levels.
In the customs area, her experience includes examination of import/export transactions, tax incentives, special customs regimes (Drawback, 'Repetro', Temporary Admission, Bonded Warehouse, 'RECOF'), the correct utilization of tari� classi�cations, as well as responding to Notices of Violation relating to customs matters and tari� classi�cation. Mônica holds a Graduate certi�cate in Tax Law from the Pontifícia Universidade de São Paulo, (PUC/SP) and has taught Tax Law in the Graduate certi�cate program of the same institution.
08
BACKGROUND
• School of Law of the Universidade de São Paulo –
Bachelor’s degree in 1997.
• Pontifícia Universidade Católica de São Paulo –
Graduate certi�cate in Tax Law in 2000.
Languages: Portuguese / English
In 2008, she was appointed Member of the Municipal Tax Council (CMT) of the city government of São Paulo, participating in the judgment of administrative cases involving municipal taxes. In 2010 and in 2012, she was appointed Judge of the Tax Court of the State of São Paulo (TIT), and since then she has been taking part in relevant judgments relating to administrative proceedings involving ICMS rendered by such Administrative Court.
In 2015, Mônica was ranked by “Analise Advocacia 500”, a publication which performs detailed survey with those responsible for Legal and Financial Departments of the 1,500 largest Brazilian compa-nies, as one of the most prominent Brazilian lawyers specialized in tax law.
09
Fernanda Soares Lains Higashino
Fernanda has worked in the tax practice area for more
than 12 years, including consultancy and litigation, in
matters referring to 'direct' and 'indirect' taxes and
Customs Law.
She has wide experience in tax reviews, planning and
consulting, operations involving mergers and acquisitions,
corporate reorganization, tax reviews in due diligence,
transfer pricing, international operations, double
taxation treaties, foreign investment in Brazil, Brazilian
investment abroad, import and export, as well as social
security contributions.
Fernanda has worked in a renowned law �rm (Veirano
Advogados) for more than 10 years, advising clients in
the areas of oil and gas, telecom, power and public
utility, cosmetics, among others, and in a large Brazilian
business group , with investments in the areas of real
estate, manufacturing, agribusiness, shopping centers,
etc., as a tax attorney.
She has a Graduate certi�cate in Tax Law from IBMEC –
São Paulo.
Marcus Furlan
Marcus has been in tax practice (consultancy and
litigation) for approximately 6 years, advising clients in
matters referring to both 'direct' and 'indirect' taxes.
He has important experience in tax reviews, mainly in
ascertainment of potential tax credits, as well as in tax
assistance and planning for clients in several di�erent
industries.
Marcus worked in a renowned local law �rm (Veirano
Advogados) and is currently enrolled in the graduate
certi�cate program in Tax Management at Fundação
para Pesquisa e Desenvolvimento da Administração,
Contabilidade e Economia – FUNDACE, an institution
formed by members of the faculty of the Universidade
de São Paulo (“USP”).
Member of the Brazilian Institute of Tax Law - IBDT.
10
Camila Gomes de Mattos Campos Vergueiro Catunda
Camila Vergueiro Catunda is a LBMF’s senior counsel,
Professor for LLM and Master Degree in Tax Litigation,
an attorney with relevant expertise in tax litigation,
either at judicial or administrative level.
In more than 15 years of experience, she has developed
her career at renowned law �rms in Brazil (Hlavnicka,
Araújo e Thiollier Adv., Advocacia Lunardelli and
Felsberg, Pedretti, Mannrich Advogados), where she
was responsible, as main attorney, for several tax
litigation, involving federal, municipal and state
taxes, as well as issued several legal opinion on tax
proceedings.
Camila holds a graduate certi�cate on Tax Law and Tax
Proceedings Law from Instituto Brasileiro de Estudos
Tributários (IBET) and has a Master’s Degree on Tax
Law from the Pontifícia Universidade Católica de São
Paulo (PUC/SP).
She is a Professor on Postgraduate Courses in Tax and
Proceedings Law at various Institutions, such as
Fundação Getúlio Vargas (GVLaw), IBET, Instituto
Brasileiro de Direito Tributário (IBDT), Pontifícia
Universidade Católica de São Paulo (PUC/COGEAE), and
Initiation Tax Course at Instituto do Instituto Geraldo
Ataliba (IGA-IDEPE).
Thaís Rozzeto
Thaís has been in tax practice for more than 6 years,
advising clients in matters relating to both “direct”
and “indirect” taxes.
She has large experience in tax litigation, mainly in legal
cases, having advised clients of several di�erent markets.
Thaís worked in renowned local �rms (Lacaz Martins,
Pereira Neto, Gurevich & Schoueri Advogados / Velloza &
Girotto Advogados Associados), holds a postgraduate
certi�cate in Tax Law, obtained at the School of Law of
Fundação Getúlio Vargas – GVlaw, has already completed,
at the same institution, the continued education
program, called Taxation of Technology Businesses
and Intellectual Property and is currently pursuing
MBA in Tax Management at the Fundação Instituto de
Pesquisas Contábeis, Atuariais e Financeiras – FIPECAFI.
Denis Kendi Ikeda Araki
Denis has been in tax practice since the beginning of
his legal career, with wide experience in tax litigation
and administrative disputes, and also in the consultancy
area especially in cases involving 'indirect' taxes.
He has worked in various renowned law �rms (Gaia,
Silva, Gaede Advogados and Lacaz Martins, Pereira
Neto, Gurevich, Schoueri Advogados), and also worked
in government entities such as the Federal Revenue
Service of Brazil, as a tax law intern.
Davi Borges de Aquino
Davi has been in tax practice since the very beginning
of his career, with important experience in tax
consultancy, especially in matters involving “indirect”
taxes, having advised clients of many di�erent
markets.
He is an incumbent memter of the Tax Law Committee
of the Brazilian Bar Association – São Paulo Chapter
(“OAB/SP”) ahd holds a graduate certi�cate in Tax
Law obtained at the School of Law of the Fundação
Getúlio Vargas – GVlaw.
Antonio Leal Pettine
Antonio obtained his Bachelor’s degree in 2014 from
Universidade Presbiteriana Mackenzie, having
previously worked as a legal intern in the areas of
Consumer Law and Industrial Property Law, assisting
in consultancy, litigation matters and administrative
disputes.
Fernando Bittencourt
Fernando has been in tax practice since the very
beginning of his career, with experience in tax litigation
and also in the consultancy area, especially in tax
matters concerning “indirect” taxes.
He holds a short-term certi�cate in Tax Planning
obtained at the Brazilian Institute of Tax Studies of
São Paulo – IBET/SP – and is currently enrolled in the
graduate certi�cate program in Tax Law o�ered by
Pontifícia Universidade Católica de São Paulo – PUC/SP
-, in addition to being a member of the study group
coordinated by Professor Dr. Paulo de Barros Carvalho,
a renowned scholar in the area of tax law.
Fernando worked in renowned law �rms in the State
of Santa Catarina and in São Paulo, including public
bodies, as when he was a legal intern at the city’s Tax
Court of Balneário Camboriú/SC.
Bárbara Bernardes
Bárbara has been in civil practice for 2 years, with
noteworthy experience in contract law, business
consultancy and consumer litigation matters.
João Antônio Hayar Fuscella
João is a student of the undergraduate program at
the School of Law of Universidade São Paulo. He has
taken courses on General Theory of Tax Law at the
Brazilian Institute of Tax Law and an English course at
Converse International School of Languages.
Gabriela Soeltl
Gabriela is a 4th year student of the undergraduate
program of the Law School of Faculdade de Direito de
São Bernardo do Campo.
She has taken the course “Analista Fiscal” [tax analyst]
o�ered by SENAC and is currently enrolled in the
“Refresher Course on Taxation” at the Brazilian Institute
of Tax Law – IBDT.
Aline Ribeiro da Silva
Aline Ribeiro is a student of the undergraduate
program at the School of Law of Universidade São
Judas Tadeu.
She has taken courses on General Theory of Tax Law
and Forms of Taxation at the Instituto Brasileiro de
Direito Tributário; Introduction to Tax Law, focusing
on indirect taxes such as: ICMS, IPI and ISS, at Fiscosof
/Thomsom Reuters; Introduction to Social Security
and Labor Law practice at Deloitte Touche Tohmatsu
Auditores Independentes; International Taxation –
Advanced Topics, at Tozzini Freire Advogados; The
New Code of Civil Procedure, Advocacia Geral da
União.
Diego Borba Mendes
Attorney in charge of the area of contracts and
general support in business/civil law.
With more than 10 years in practice, he acquired his
professional experience in law �rms and corporations,
specializing in Civil and Business Law, providing legal
assistance to companies in regard to obligations and
contracts, corporate law, consumer law, intellectual
/industrial property and related matters, in consultancy,
litigation and administrative disputes.
Diego has great expertise in contracts, negotiation,
analysis and drafting of various types of domestic
and international contracts, such as joint ventures,
partnerships, license, transfer of technology and
know-how, distribution, commercial representation,
services, �nancial operations and banking contracts
involving large amounts, competitive bidding and
administrative contracts, assignment of rights,
leasing and security agreements.
He has a graduate degree in Civil and Business Law,
and also advises clients in administrative proceedings
involving consumer rights vis-à-vis agencies such as
CONAR, ANVISA and PROCON, in legal consultancy,
administrative disputes and litigation relating to
intellectual and industrial property vis-à-vis the INPI.
11
13
MENTORING
All professionals of the �rm, whether of the technical
or of the administrative area, receive our mentoring
program in which a more experienced professional
of the �rm assumes the responsibility of helping the
newcomer in matters of personal and professional
development during his/her career in the �rm.
Periodical meetings are held to exchange experience,
receive professional and personal advice, this being
an occasion in which the mentor and his/her mentee
conduct a 360 degree evaluation of their personal
behavior, as well as that of the other members of
their team.
TECHNICAL AND PROFESSIONAL DEVELOPMENT
A technical education background is one of the
pillars of professional development. LBMF knows
this and sponsors various courses in the legal and
administrative areas so that its members are
constantly updating their skills.
Technical meetings are held periodically, and on
such occasions our professionals make presentations
on various topics to the other lawyers and interns of
the �rm, where actual cases are discussed and
important technical aspects of di�erent areas of law
are examined.
In addition to attending classes, our lawyers and
interns are encouraged to write technical articles,
publications, and also to actively participate in meetings
of groups of legal studies, which help maintain our
professionals in a continuing process of learning and
improvement.
CAREER PLAN
LBMF o�ers a career plan aiming at the constant
improvement and professional growth of its lawyers,
interns and administrative sta�.
At present, all professionals are evaluated by the
team leaders, and also have the opportunity to assess
the performance of their teams so as to be able to
develop speci�c points of their professional education
and also help the other members to progress jointly
with the team.
With a view to the continuing progress of its members,
LBMF o�ers a development plan for new partners
and the possibility of reaching the position of partner
to those who stand out because of their professional
performance.
Professional Development
The �rm, being aware of the social function it must
have, not only encourages and stimulates voluntary
work from each one of its professionals, but is also
engaged in important work of legal assistance to
several charitable institutions.
To this end, pro bono partnerships are formed regularly
to provide all types of legal services required by the
non-pro�t entities in the various segments of Law,
without the charging of any attorney's fees.
CODE OF ETHICS & PROFESSIONAL CONDUCT
LBMF Code of Ethics & Professional Conduct was
prepared with a view to maintaining the commitments
established at the time of the �rm’s foundation, and
outlines the strict ethical principles of the legal
profession.
While drafting the Code, LBMF relied on the applicability
of the international guidelines and principles set out
in the United Nations Global Compact, the American
FCPA (Foreign Corrupt Practices Act), and also the
Brazilian anticorruption laws.
The document re�ects the �rm’s intention to meet
the highest standards of legal practice and administration
of Law by o�ering a work environment that enables
the development of its members’ personal and
professional skills in tandem with their strict compliance
with ethical rules.
Social Responsibility
14
Law BusinessAv. Pres. Juscelino Kubitschek, 360 - 16º andarItaim Bibi | 04543-000 | São Paulo - SP | Brasil
www.lbmf.com.br