Central & South America

You and your Rights – Sexual Harassment in the Commonwealth of the Bahamas

We have seen a great debate unfold in the United States over the last few months as to the rights of working women on the job. The movement is not gender specific nor is it limited to the dominant campaign which has been led by American women. The movement was started by Alyssa Milano, the “Charmed “actress. She fashioned the hash tag metoo and since, it has become a social media sensation. The purpose of the hash tag was to inform the public how pervasive the problem  of sexual harassment is .Today it is a platform for working men and women  to tell their stories of sexual violation and harassment in the workplace. Started by an actress, the # Metoo movement raises very important issues as to workplace safety and the rights of working women and men to work in a “sexual harassment free “environment. It has been characterized as a campaign which was started to expose the alleged sexual abuses of Hollywood powerful media mogul Harvey Weinstein. It has now morphed into a “heat seeking missile” exposing serial sexual abuse in the workplace. Since the Weinstein story broke the United States has witnessed an explosion of similar complaints across America. What about the Bahamas..?

Read full article

CSRF: Refunds on car rentals subject to social security contributions

The Superior Chamber of Tax Appeals analyzed a case involving the leasing of vehicles, by employees of a certain company in the logistics sector, with subsequent reimbursement, under the perspective of social contributions. The 2nd Ordinary Panel of the 4th Chamber of the 2nd Judgment Section had annulled the Notice of Infringement, on the understanding that the lease was necessary for the rendering of the services, but the National Treasury filed a special appeal, which was deemed appropriate.

Read More

Read full article

Superior Chamber of Tax Appeals has been ruling on stock options favorably to the treasury

To date, only two decisions have been formalized by the Superior Chamber of Tax Appeals on the incidence of social security contributions and withholding income tax on gains earned by individuals as a result of Stock Options programs. The most recently published decision was issued in a generic way, so that an inattentive reading could lead to the conclusion that CARF’s understanding is that any payments made to employees under the heading of Stock Options would be characterized as compensation. In fact, the determination of the nature of the Plan depends on the form of its structure and conditions.

Read More

Read full article

“Sunshine Act” Mineiro

Em 29 de Dezembro de 2017 entrou em vigor o Decreto 47.334, que regulamenta o chamado “Sunshine Act” Mineiro (Lei do Estado de Minas Gerais 22.440/2016).

Conforme disposto em tais atos normativos, devem ser declaradas ao Governo do Estado de Minas Gerais, anualmente, até o último dia útil do mês de janeiro, quaisquer relações que configurem potenciais conflitos de interesses, mantidas no ano anterior entre profissionais de saúde e matrizes e subsidiárias de empresas que atuem nos diversos segmentos da indústrias de medicamentos, órteses, próteses, equipamentos e implantes.

Read More

Read full article

Latin Lawyer magazine recognizes Koury Lopes Advogados and Aninat Schwenke & Cia

Latin Lawyer magazine has recognized Koury Lopes Advogados of Brazil and Aninat Schwenke & Cia of Chili in its “Leading Lights” listing.

Several factors played a role in drawing up this list. These include firms’ answers to the survey with regards to institutionalization of the practice and examples of their recent pro bono cases.

For more information, visit Leading Lights on Latin Lawyer.

Read full article

Argentina – Client Alert – Tax Reform

The Argentine Congress approved a comprehensive tax reform in Argentina, effective in general January 1st, 2018. This summary describes some of the main changes:

A. Corporate income tax rate and dividend withholding tax

The corporate income tax rate is decreased from 35% to 30% for fiscal years starting 1 January 2018 to 31 December 2019, and to 25% for fiscal years starting 1 January 2020, and onwards. Dividend withholding tax rates of 7% for profits accrued during fiscal years starting 1 January 2018 to 31 December 2019, and 13% for profits accrued in fiscal years starting 1 January 2020 and onwards. The new withholding rates would apply to distributions made to shareholders qualifying as resident individuals or nonresidents. Additionally, the reform repeals the 35% “equalization tax” as from 1 January 2018.

Read full article

CNJ ceases to apply rule that invalidates foreign documents

In a recent decision, the National Council of Justice (” CNJ “) decided not to apply article 20 of Resolution 228, published on June 23, 2016, which establishes procedures for apostiling foreign documents in Brazil, under the terms of the Handbook of The Hague, promulgated by Decree No. 8.660, of January 29, 2016.

Pursuant to article 20 of Resolution No. 228, as of February 14, 2017, all foreign documents legalized prior to August 14, 2016, by Brazilian Embassies or Consulates, would lose their validity, regardless of the deadlines established therein.

Read More

Read full article

KLA is recognized in The Best Lawyers in America 2018

The KLA had 17 lawyers ranked by The Best Lawyers in America © 2018 in 16 areas. Among those nominated, Paulo Prado, a member of the Public and Administrative Law area of ​​the KLA, was named “Lawyer of the Year” for his performance in Administrative Law in São Paulo.

For over 30 years, Best Lawyers has been a reference for clients in more than 70 countries, one of the most respected publications in the world.

Read More

Read full article

New sanctions regime of the Central Bank and the Securities and Exchange Commission

On November 14, 2017, Law 13,506 of November 13, 2017 was published, which provides for the sanctioning administrative process in the sphere of the Brazilian Securities and Exchange Commission (CVM) and the Central Bank of Brazil (BACEN).

Law 13,506 / 2017 is a breakdown of Provisional Measure (MP) 784/2017, which expired after being widely discussed in the National Congress this year. The final version of the project retained most of the MP’s text, with specific changes referring, for example, to the specific rules on the payment order of creditors in case of extrajudicial liquidation or bankruptcy; to the requirement that the decision in administrative sanction process in the scope of the BC be taken by a collegiate body; the prohibition of the conclusion of an undertaking in case of serious infraction; and to change the name of the leniency agreement, to be called an administrative agreement in the process of supervision.

Read More

Read full article

Central Bank regulates new sanctions regime and administrative penalties

The BACEN published on November 14, 2017, Circulars Nos. 3,857 and 3,858 to regulate, respectively, the new sanctioning regime of BACEN, as provided in Law 13,506 / 2017, and the parameters for applying the administrative penalties in question Law No. 9,613 of March 3, 1998.

These standards are part of BACEN’s initiative to make the administrative sanctioning process more efficient as a supervisory tool and is part of the “Latest Legislation” pillar of the BC + Agenda.

Read More

Read full article