Banking Law, Financial Market, Fintechs and Cryptoassets

We have wide experience of representation and legal counsel to Brazilian and foreign clients on requests for operating licenses for financial institutions, Bonds and Securities Distributors (DTVMs), brokers and others, structuring of compliance systems of financial institutions and structuring of national and foreign operations (syndicated loans, AB loans, participations etc.).

Derivatives

We provide legal counsel in operations with derivatives, including structuring and negotiation of contractual instruments (CGDs, CODs and ISDA Master Agreements), strategic consultancy for the development of new products and provision of legal opinions on issues involving such instruments. We also provide services of structuring and negotiation of Structured Notes (Certificados de Operações Estruturadas – COEs).

Regulation of the financial and capital markets

As legal counsels, we provide services for the organization of financial institutions and other supervised institutions and obtain the authorizations necessary before regulatory bodies. We also advise such entities on several subjects related to their routine business.

Market infrastructure

We provide counsel on rules concerning infrastructure of the financial and capital markets and on the organization and operation of stock markets, organized markets, and platforms and systems to trade financial assets and securities, including counsel on clearance and settlement services, registration, custody, centralized deposit, bookkeeping and other systems.

Institution of Payment Means and Arrangements

We provide counsel to national and foreign companies that operate as settlors of payment arrangements and payment institutions, as well as other providers of payment services, such as issuers, buyers, banks, retailers, e-commerce agents, e-wallet, gateways, Payment Services Providers (PSPs), facilitators and others

We provide counsel on the process of organization and authorization before the Central Bank of Brazil, review of business models and diversified structures, and on several regulatory aspects related to the sector.

 Foreign investment in Brazil and exchange

We provide counsel on investments of non-resident individuals in the local market, including on the available alternatives and limitations of each one of them, form of registration with the Central Bank of Brazil and relationship with providers of representation and custody services. We also assist clients in several aspects of the exchange regulations, with the purpose of identifying possible impacts and establishing the most appropriate structure for their operations.

Administrative proceedings

We represent financial institutions and other supervised institutions in administrative proceedings before the Central Bank of Brazil, Securities Commission, Appeal Council of the National Financial System (CRSFN) and B3 – Markets Supervision (BSM), conducting administrative defenses and negotiating terms of commitment and leniency agreements.

Products and Services Based on Technology

We provide counsel on the Brazilian regulations of the sectors of financial and insurance products and services, including loans between individuals and direct credit companies, in addition to rules issued by the regulatory bodies/agencies related to consumers’ rights.

We draft documents and instruments necessary for the structuring and development of the business, such as contracts, agreements, policies and regulations, involving shareholders, suppliers, clients, partners, regulatory bodies/agencies and regulated entities;

We provide assistance in registering, obtaining operating license and regularizing companies, products and services before regulatory bodies/agencies and regulated entities, such as the Central Bank, Securities Commission (CVM), Superintendence of Private Insurances (SUSEP), B3 S.A. – Brasil, Bolsa, Balcão, Interbank Payment Chamber (CIP), Custody and Financial Settlement of Securities (CETIP), etc.;

We provide counsel on administrative proceedings and inquiries before competent bodies and regulated entities involving regulatory issues of the market of financial and insurance products and services;

We follow-up and monitor federal, state and municipal legislative bills before the House of Representatives, Senate, State Assemblies and City Councils, drafting and presenting technical notes, if necessary.

Fintechs

Godke Advogados offers legal advice to fintechs, from their structuring to their daily operation, with compliance with all their regulatory demands, before the Banco Central do Brasil, the Comissão de Valores Mobiliários and Sistema de Pagamentos Brasileiro.