Areas of expertise

Godke Advogados provide specialized legal services for investment funds, businesses, entrepreneurs, national and foreign investors operating in the three main sectors of the Brazilian economy. We also offer a complete range of services for private individuals, whether resident in Brazil or not.

Arbitration

We provide legal arbitration for resolving disputes in both Brazilian and international arbitration.
The team of lawyers at Godke Advogados is expert at acting preventatively in preparing arbitration-related contracts, as well as resolving conflict, as both lawyers and as arbitrators.

Banking and Finance

Over the years, the representativeness of the professionals in the area of banking and finance at Godke Advogados, have gained solid experience.
Thus, they are able to negotiate leniency agreements with the Central Bank of Brazil (Bacen) and the Securities Commission (CVM), advising Brazilian and foreign clients regarding operating authorization requests for financial institutions, DTVMs (Securities distributors), brokers and the like, advising on structuring compliance systems in financial institutions and structuring national and international operations (syndicated loans, AB loans, shareholding etc.).

Tax Consulting

We have extensive experience in tax planning for national and international companies of all sizes, transfer pricing and customs taxation.
We also advise legal entities on wealth planning, both domestically and internationally.

Administrative Litigation

Representation in administrative processes in the area of direct and indirect government - Central Bank of Brazil (Bacen), Securities Commission (CVM), CADE (Administrative Council for Economic Defense), Regulatory Agencies, Accounting Courts and other institutions.

Civil Litigation

We represent our clients in legal and arbitration processes, in business, civil and family disputes at all levels.
Following up proceedings and conducting audiences and oral arguments.
Filing appeals before superior courts.

Tax Law Litigation

Administrative and Legal: defending tax deficiency notices, taxation inquiries to the tax authorities, writ of mandamus, actions for annulment, declaratory judgment actions and actions for payment in court.

Agreements with the Government

We provide comprehensive legal advice for businesses that wish to offer their services to the public administration.
We are involved from the stage preceding the publication of the tender, drafting documents and obtaining certificates for the qualification and proposal presentation stages, up to management of the contract (claims for the restoration of economic and financial balance, obtaining licenses, submitting a defense against the application of penalties by the administration, and other requirements).
We also analyze tender documents and draft administrative agreements; submit legal challenges and administrative appeals; and represent the company in tender processes and administrative proceedings in audit courts.

Business Agreements

Legal advice in preparing and negotiating national and international business agreements: joint ventures; service provision; distribution; fiduciary sale, land, sea and air transportation, opening franchises, banking contracts, factoring, lease-purchase agreement, agribusiness contracts, insurance and D&O, among others.

Family

Representation in family disputes at all levels; Legal advice on divorce, separation, probate and administrative and judicial partition.
Legal advice on adoption and interdiction.
Preparing cohabiting contracts.
Following up proceedings and conducting audiences and oral arguments.
Filing appeals before superior courts.

Investment funds

We advise on the setting up and supervision investment funds, such as FIP (private equity), FIDC (receivables) or FII (real estate) among others;

Mergers and Acquisitions - M & A

We provide legal advice on acquisition or disposal of shareholdings, assets or investments.
We lead due diligence processes, assist in drawing up and negotiating contracts; carry out M&A tax planning, closing and pre-closing; and corporate restructuring.

Corporate Governance and Compliance

We provide legal advice in structuring corporate governance systems in publicly held or closely held companies; to controllers, directors and managers of publicly held and closely held companies; in structuring and monitoring compliance policies and in issues related to Anti-Corruption Law; in succession planning in family businesses.

Infrastructure

Companies in the Infrastructure sector can count on the expertise of Godke Advogados, in submitting projects and monitoring Expression of Interest procedures (PMIs); ); in the participation in biddings for concession or permission of utility services, usage rights and disposal of public areas; applying for approvals from regulatory agencies and the granting authority; and drafting EPC, operation and maintenance, off-take and joint venture agreements.
Private partners also receive the support from the law firm in structuring public-private partnerships, including risk assessment, the formulation of technical solutions, financing, project finance, securitization and contractual and corporate arrangements.
We provide advice on arbitration and other conflict resolution mechanisms between private parties and the Government; monitoring regulatory legislation, managing and executing contracts in all sectors, as well as preparing requests for contract extensions.

Stock Market

Legal advice for publicly held companies; legal structuring of public offerings, with restricted efforts and private securities.
We advise companies in public offerings for acquisition of securities (OPA); in capital market regulatory issues; administrative litigation before the Securities Commission (CVM) and negotiating leniency agreements before the CVM.

Real Estate Business

This area is able to assist with drafting agreements for the purchase and sale of properties, rentals, sub-divisions, incorporations, built-to-suit, leases, rural partnerships, condominiums, surface rights, construction, retrofitting etc.; with structuring undertakings in the hotel and tourism area, shopping centers, hospitals, industrial plants and multipurpose developments, with or without the participation of foreign investors, and other complex real estate transactions such as sale and lease backs; in real-estate transactions and due diligences; in requests for waiver of registration of public offerings in condo-hotel transactions, specific-purpose companies and appropriation of assets; with financial operations secured on property, setting up real estate investment funds and project finance; and in real-estate litigation.

Succession Planning

We provide legal advice to our clients on the process of succession of corporate control and on selling shares in Brazil and abroad.

SME, Startups and Innovation

We advise innovative and emerging businesses in need of investment, financial and technology transfer agreements, negotiating and drawing them up; as well as corporate documents; in attracting public and private funds, as well legal advice for those seeking to make their business international.
We even provide services for angel investors and investment funds.

Intellectual Property

Trademark application, patents and utility models; software and copyrights, licensing agreements, assignment and technology transfer.

Court-Supervised Reorganization and Bankruptcy

Representation of Brazilian and foreign creditors, debtors in court-supervised reorganization or bankruptcy; representation of legal advice in disposition or acquisition of Isolated Productive Units (UPI).

Regulatory Matters

Obtaining operating authorization in regulated sectors.

Consumer Transactions

Legal advice on legislation and regulation of consumer transactions in Brazil, including in litigious situations.

Employment Relationships

Preventative and corrective legal advice on labor issues; labor auditing; preparing employment contracts, including for executive positions; preparing performance-based compensation plans for employees and management (stock options and the like); representation in administrative and legal processes related to employment relationships; proceedings follow-up and conducting hearings and oral arguments; filing appeals before superior courts.

Corporate Law

Advice on setting up corporations and companies, as well as amending and complying with corporate obligations in Brazil and abroad.
Assisting in corporate restructuring and planning; in negotiating and preparing member and shareholder agreements, including investment agreements; in the dissolution, liquidation and discontinuance of corporations and companies.
We also advise on setting up joint ventures and wording of corporate acts; in organizing and holding member and shareholder meetings and general meetings; in administrative procedures before the Registries of Commerce and other bodies.
We work with corporate litigation (arbitral or judicial), in the event of exclusion and withdrawal of members/shareholders and liquidation of assets; in the conversion, spin-off, consolidation and merger of corporations; in obtaining operating licenses for corporations and companies with headquarters abroad.
Advice on silent partnerships, specific purpose companies and holdings; family and estate planning by setting up corporations in Brazil and abroad.

Business Succession

Succession planning for family businesses and M&A operations.

US Desk

Legal advice on setting up, running and closing companies; in drawing up corporate instruments, agreements for acquisition and disposition of company assets; in planning and executing requests for visas based on investment - L1, E2, EB5, as well as visas for individuals possessing extraordinary abilities (O, EB1).
Pre-immigration wealth planning, including through the use of LLCs, Corporations and Trusts; trademark applications to the United States Patent and Trademark Office (USPTO).