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Practice

Pension Funds and Institutional Investors

Comprehensive advice for closed pension funds and their sponsors. Our professionals in this practice have a deep understanding of actuaries, corporate governance and investment management. As such, they are able to provide differentiated legal support to clients. We have special expertise in investment regulation, where we work in partnership with our capital markets and corporate law areas.

Our work includes, among others:

Advisory

  • advice on the application of regulatory provisions, such as Complementary Laws 109/2001 and 108/2001, CNPC rules, CMN rules and “sub-regulatory” rules, as well as guidance based on PREVIC and CRPC precedents;
  • drafting and revising bylaws and other internal rules of entities, such as benefit plan regulations and adhesion agreements;
  • advising on the entity’s internal governance structure, including investment processes;
  • assistance with funding rules and their changes, as well as the treatment of deficits and distribution of surpluses;
  • implementation of specific routines and procedures with the aim of minimizing the risk of liability for the individuals of pension fund managers and sponsors;
  • implementing processes for spin-offs, migrations, transfers of plans and withdrawals of sponsorship;
  • advising on the legal aspects of the pension fund’s risk management;
  • monitoring tax issues related to the area.

 

 

Litigation

  • acting in administrative proceedings, involving guidance in inspection procedures (by Previc, TCU, among others) and defense in sanctioning proceedings;
  • acting in judicial litigation in strategic actions and in litigation of scale in defense of pension funds and their sponsors;
  • the ability to work together with investment and actuarial experts to discuss issues involving other areas of knowledge;
  • defense of closed pension entities, as well as their investment vehicles, notably exclusive funds, in relation to disputes involving investments.

 

We have acted in more than 4,000 lawsuits throughout the country, handling each one with a “strategic eye”, ensuring the protection of the entities and their benefit plans, as well as their sponsors, so that they can perform their relevant social role.

Associate

news

News, bulletins and newsletters from the area

O custeio da gestão administrativa das entidades fechadas de previdência complementar (EFPC) irá agora passar por profundas mudanças com a publicação da Resolução nº 62 no Diário Oficial da União em 19 de dezembro de 2024. O normativo, que substitui a Resolução CNPC nº 48, de 2021, introduz

Como tivemos oportunidade de noticiar anteriormente, o Tribunal Regional Federal da 2ª Região (TRF-2) reconheceu a legalidade de distribuição de superávit para patrocinadores de plano de benefícios administrados por entidades fechadas de previdência complementar. Os desembargadores decidiram não conhecer do apelo de participantes e negar provimento à remessa