Motta Fernandes Lawyers

Family Law and Estate Planning

Assistance in disputes and agreements related to family law and succession, dealing with divorce proceedings and dissolution of a stable union, custody of children and regulation of visits, food fixation and execution, paternity investigation, adoption, interdiction, inventories and as well as claims resulting from family conflicts such as declaratory action for nullity, dissolution of society, accountability, collection, among others. Consultations and legal opinions concerning matters of marriage, stable union, property regime and inheritance. Preparation of prenuptial agreements and stable union, wills and donations. Development of personal succession planning and in companies attending to the interest and preservation of family relations, as well as company and family business.

Mergers and Acquisitions

Assistance in important business transactions and complex operations, including public or private acquisitions, public offerings of acquisitions, joint ventures, divestitures, private equity investments and other strategic businesses, providing legal advisory services to domestic and foreign sellers and buyers. , in the acquisition of shares or assets of publicly traded or private companies in various business segments, including management buyouts; creation and development of corporate governance structures in the pre-sale stage, including definitions of stock option contracts and other incentives for the executive team; development of efficient fiscal and regulatory structures for acquisitions, including the issuance of legal opinion in this regard; conduction of due diligence. Follow-up of operations before regulatory authorities of the capital market (CVM) and of competition defense (CADE) and revision of succession and tax planning related to mergers and acquisitions operations.

Real Estate

Assistance to Brazilian and foreign clients in real estate transactions in the country, in complex real estate negotiations, in businesses involving the sale and purchase of real estate, constitution of servitude, lease, lease, construction and financing, condominiums, subdivisions, securitizations, restructurings and joint ventures. Modeling, structuring and legal implementation of operations aimed at raising funds to finance residential, commercial or industrial real estate projects, such as demobilization of real estate assets, assignment of real estate receivables portfolios, issuance of debentures, real estate credit certificates (CCI) or real estate receivables (CRI), with or without the provision of guarantees, including the preparation of instruments that give rise to the respective real estate credits, such as lease, sale and purchase agreements or promise to sell and purchase or exchange real estate . Conduct of legal audit in real estate operations. Preparation of legal opinions involving real estate law issues, such as incorporation, allotment, constitution of typical and atypical condominiums and real estate guarantees, including advice on expropriation processes for the purpose of implementing infrastructure projects.

Insolvency

Advice to debtors in financial difficulties and to creditors in judicial and extrajudicial restructuring proceedings, bankruptcy, civil insolvency proceeding; and in interventions and settlements of financial institutions, insurance companies and other institutions subject to specific regulations.

Insurance and Reinsurance

Advice to domestic and foreign clients on regulatory issues.

Assistance to insurers in the interaction with foreign parent companies and reinsurers and advice to foreigners in relation to Brazilian insurers and reinsurers.

Elaboration of legal opinions on various issues in the security and resecure sphere, such as coverage and interpretation of regulatory standards.

Legal support in the regulation of claims of D&O, E&O, guarantee, patrimonial and engineering insurance, among others.

Advice for recovery of amounts, execution of counter-guarantee and rights of subrogation.

Elaboration and negotiation of contracts and policy clauses. Consultancy regarding the tax aspects of coverage and claims claims, as well as in reinsurance.

Defense of the interests of insurers and reinsurers in arbitration proceedings and in several legal actions.

Employment

Specialized advice on all matters related to labor law, including transactional issues, preventive consulting, contracts and judicial and administrative litigation.

Work in different sectors and specificities of labor law, in a pragmatic manner and aiming at cost efficiency in all matters related to work.

Diversified performance in relation to the public and private sector, multinational groups, large national industries, small companies.

Business advisory of compliance of executives and employees, in investigations and internal audits to evaluate employees’ conduct.

Advice related to expatriate employees. Accompaniment and advice on the hiring and dismissal of executives and employees in management positions of national and foreign companies.

Performance in union negotiation.

Strategic and preventive monitoring of labor claims.

Assistance in the termination and conduction of termination of employment contract.

Support in corporate operations.