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It is mandatory for every foreign investment made in Brazil, either direct productive investments or investments in the stock market, to be registered under the Central Bank of Brazil. Upon registration and issuance of the “Foreign Capital Registration Certificate”, the non-resident investor will be granted three specific rights: I) remittance of profits; II) repatriation of the capital, at its free will; and III) right to reinvest the capital in Brazil. Those specific rights do not exclude to the private property rights, which are currently constitutionally protected in Brazil, as well as extensively covered by the Civil Code and other regulations ...

The Argentine government has imposed new restrictions on the purchase of foreign currency (although the vast majority of the transactions are in U.S. dollars). The measure formally aims at reducing tax evasion and money laundering; arguably, it also aims at reducing capital flight. Individuals and companies wanting to exchange Argentine pesos for foreign currency (for hoarding and not for transactional purposes) must now explain the source of their funds and be current with their tax obligations – according to the Argentine Tax Authorities (“Tax Authorities”). As a result of these measures, currency trading in Buenos Aires has been very much reduced ...

These laws were aimed at promoting the activities of creation, design, development, production and implementation of software systems and their technical documentation, including the developed software to be incorporated into various processors. Software development for personal use is excluded from this system. These laws cover individuals and legal entities incorporated in Argentina whose principal activity is to develop software.  The incentives granted at the federal level are the following: Fiscal stability - for all federal taxes ... 

 After a dramatic report issued by the Financial Action Task Force (“FATF”) on October 2010 analyzing compliance of Argentina with the 40+9 recommendation of such FATF, Argentina has been trying to avoid being categorized by the FATF as a non-collaborative jurisdiction. For these purposes, Argentina’s Anti Money Laundering (“AML”) authority, the Financial Information Unit (“FIU”) – lately seen as a political tool for the Argentine government to receive information of political adversaries- has issued more than fifteen new regulations on the prevention of money laundering since January 2011 up to date ...

 In the last quarter of 2011, legal agenda has been set forth.  This is an election year in Argentina and many projects that could be considered somewhat populist (which would otherwise not be considered) are likely to be treated by the Argentine Congress. The majority of the projects that will be treated by the Congress in 2011 will affect potential and current investors in Argentina. In addition, following an adverse report from the Financial Action Task Force[1](“FATF”), Argentina is looking to promote drastic amendments in its current Anti Money Laundering (“AML”) regulations in order to pass future reports and … 

 Traveling by air, land or sea in Brazil can be a feat of epic proportions. The Federation of International Football Association’s (FIFA) Secretary General told the country’s authorities that airport facilities and connections between host cities are the Federation’s greatest concerns for the 2014 World Cup. The apprehension is well-founded:  although the World Economic Forum’s Travel & Tourism Competitiveness Report 2009 ranked Brazil 45th out of 133 countries overall, its airport infrastructure was rated 101st.

The country is also home to some of the world’s worst automobile traffic: São Paulo, the largest city, regularly endures traffic jams of over 100 miles long ... 

 The Argentine National Congress is currently analyzing three amendments to law No. 21,526 that regulates the activities and functioning of Financial Entities since 1977 (the “Law on Financial Entities”). Three bills are being discussed by the Financial Committee of the House of Representatives in order to modify the Law on Financial Entities. The bills were introduced by the following deputies, Carlos Heller, member of the political party Encuentro Popular, closer to the current administration, Gerardo Milman, member of Generación Encuentro Nacional (GEN); and Federico Pinedo, member of Propuesta Republicana (PRO).We will analyze the main characteristics of the three bills … 

 With M&A activity surging in Latin America, it’s worth remembering that there’s only so much due diligence you can do prior to acquiring a company; the real investigation begins after the deal closes. And the key to catching crooks is to have a crooked mindset. As anyone who has faced a 30-day deadline in a company buy-out knows, there is only so much due diligence that can be conducted prior to closing the deal. Normally, the target firm’s management provides a detailed financial review of receivables, payables, assets and liabilities to the buyer’s due diligence team pre-transaction … 

 Be it a manufacturing facility, a winery or a small hotel off the beaten path, Investments in onshore assets in Latin American countries can have widespread appeal to foreign investors. In addition to offering the possibility of a good return on investment, such ventures may also provide intangible benefits, such as being the possible means of supporting a life abroad, and can also form part of a larger asset-diversification/risk-mitigation strategy. This brief compares basic entity formation and banking practices among three Latin American countries; Argentina, Mexico and Panama, noting some special requirements and features of each jurisdiction … 

 When checking out investments in Latin America, don't miss intangible benefits that might not contribute directly to the bottom line, but that could make you freer, wealthier and happier as a person. Peter Macfarlane investigates the hidden benefits of Latin Investing such as tax benefits, asset protection and even a new passport... For most investments, the bottom line is of course the most important. But one of the very attractive advantages of alternative investments is that they are not just digits on a screen. Frequently, they also carry significant fringe benefits that, while not contributing directly to the bottom line … 

 From the mid 1990’s until 2000 the Brazilian equity market was characterized by poor corporate governance, weak enforcement, little minority investor protection, shallow liquidity and low valuations. This challenging situation provoked de-listings and forced a migration of companies seeking the greater protection that the NYSE could offer. Fast-forward to the period between 2004 and 2007 and the scenario had changed completely, with a record number of IPO’s coming to the market raising a total of US$45 billion from foreign and domestic investors. So how can such a turnaround be explained? Alternative Latin Investor was fortunate to attend the recent … 

 As Brazilian hedge fund managers prepared to take advantage of the long-awaited issue of a resolution that would allow them to access offshore markets in 2008, the global financial crisis hit just in time to set back their hopes. Indeed, local fund managers had waited years for the Commissão de Valores Mobilários (CVM), Brazil’s regulator of investment funds and capital markets, to issue Instructions 450 and 456, which provided long-awaited access to international financial instruments. Essentially, CVM 450 and 456 allowed multimercado funds (the local term used to describe onshore hedge funds) …