Capital Markets

Market regulation treated as part of the strategy

CVM compliance, investment funds and financial market litigation

Asset managers, advisory firms and intermediaries operate under detailed rules and constant supervision. We advise on the structuring and day-to-day regulatory life of these companies and defend them when disputes reach the courts or the CVM.

Who we serve in this practice
1

Asset managers and fund administrators.

2

Investment advisory firms and consultants.

3

Brokers and intermediaries in disputes with investors.

4

Companies and funds exposed to crypto-assets.

CVM
Regulatory compliance and sanctioning proceedings
FUNDS
Structuring and governance of investment funds
CRYPTO
Legal framework for crypto-assets and virtual assets
Our approach

Governance and compliance as
protection for the business

Our capital markets practice supports regulated companies in interpreting and applying the rules of the Brazilian Securities and Exchange Commission (CVM) and the Central Bank, in structuring funds and in building internal controls that withstand supervision.

In litigation, we defend intermediaries and managers in disputes with investors, including matters such as order execution, forced position closing and liability for losses, always based on the applicable regulation and a technical reconstruction of the facts.

Applied regulation

CVM and Central Bank rules translated into routines, manuals and internal controls proportional to the company's structure.

Anti-money laundering

AML/CFT policies, customer onboarding and transaction monitoring aligned with regulatory requirements.

Technical litigation

Disputes with investors analyzed based on order records, contracts and the risk rules of the transaction.

Services

What we do for your company

Regulatory and litigation counsel for participants in the Brazilian financial and capital markets.

01

CVM compliance

Manuals, policies, code of ethics and internal controls required of asset managers, administrators and investment advisors.

02

Investment fund structuring

Regulations, offering documents and governance of funds under the Brazilian regulatory framework for investment funds.

03

Investment advisors

Incorporation, agreements with intermediaries and regulatory compliance of advisory firms.

04

Crypto-assets and virtual assets

Analysis of the crypto-asset legal framework and the regulation of virtual asset service providers for companies and funds.

05

Sanctioning proceedings

Defense in administrative proceedings before the CVM and responses to official letters and inspections.

06

Financial market litigation

Disputes between investors, brokers, asset managers and financial institutions, including in extrajudicial liquidations.

First conversation

Would your regulatory structure withstand an inspection?
Assess it before one happens.

In a first conversation, we understand the authorized activity, the existing controls and the points of greatest exposure.

Talk to the team →

Service via WhatsApp, in English or Portuguese

Frequently asked questions

Questions about Capital Markets

The Brazilian Securities and Exchange Commission (CVM), created by Law 6,385/1976, regulates and supervises the securities market. The National Monetary Council and the Central Bank oversee the financial system, and self-regulatory organizations complement this structure.
Yes. Internal control, anti-money laundering and conduct obligations apply to all authorized participants. What changes is how they are implemented, which must be proportional to the manager's structure and risks.
Law 14,478/2022 established the legal framework for virtual asset service providers, and the Central Bank was designated to regulate and supervise the sector. When a crypto-asset has the characteristics of a security, CVM rules also apply.
It depends on the case. Liability requires a failure in the service and a causal link with the loss. Losses resulting from the risk of the investor's strategy, or from position closing provided for in the contract and in the risk rules, do not by themselves create a duty to compensate.
Liquidation is ordered by the Central Bank and suspends payments and actions against the institution. Credits covered by the Credit Guarantee Fund (FGC) are paid within its limits, and the remainder must be filed in the liquidation, according to the legal order of priority.

Before the next inspection, a conversation.

Talk to the Capital Markets team at Pilli & Fanucchi.

Meetings in Campinas or by videoconference, in English or Portuguese.

Contact

Talk to our team

How the first contact works

1

You describe the situation

Tell us briefly about your company and its main question or need.

2

Our team gets in touch

We schedule a call, a videoconference or an in-person meeting.

3

You receive initial guidance

We indicate the possible paths and, if appropriate, present a fee proposal.

Briefly describe your company's need. One of our lawyers will get in touch.

Your information will be treated confidentially, under our Privacy Policy and attorney-client privilege.

Other practice areas

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