Banking and Fintech

Our Banking and Fintech Law practice offers strategic legal advice for technology companies, payment institutions, financial institutions, and fintechs, both regulated by the Banco Central do Brasil (“BCB”) or operating indirectly through authorized service providers, in projects related to (i) structuring financial products; (ii) obtaining regulatory authorizations; and (iii) mergers and acquisitions involving regulated companies. We work on both local and international projects, ensuring our clients remain in compliance with Brazilian regulatory requirements.

Our Services

1. Fintechs Structuring:
   We assist clients in structuring companies, products, and financial services, aligning these services and business models with regulatory requirements. This includes:

   • Contractual structuring of financial, credit, and payment products;

   • Advice on regulatory requirements and compliance;

   • Handling authorization processes for regulated credit fintechs (SCDs, SEPs, SCFIs) and payment institutions (EMEs and ITPs);

   • Ongoing support for regulatory obligations: submitting information and documents to the BCB;

   • Drafting and negotiating strategic operational contracts: BaaS contracts, banking correspondent contracts (CORBAN), partnership agreements, commercial incentive agreements;

   • Business model analysis of fintechs in conjunction with tax, intellectual property, data protection, and labor law aspects.
     
     

2. Regulatory Consultancy for Fintechs, Financial Institutions, and Payment Institutions:

   We provide specialized advice for fintechs, financial institutions, and payment institutions regarding regulatory obligations, applicable limitations, and alternatives. This includes:

   • Drafting analyses, memoranda, and legal opinions on the applicable legislation and regulation concerning financial and payment activities;

   • Advice on the preparation, submission, and monitoring of requests to regulators under the BCB and CVM regulatory sandboxes;

   • Participation in public consultations held by the BCB and CVM on topics of interest to our clients.
     
     

3. Mergers and Acquisitions (M&A) and Investment Rounds Involving Fintechs, Financial Institutions, and Payment Institutions:
   We manage M&A transactions and investment rounds involving regulated fintechs, financial institutions, and payment institutions, providing support through all stages of the process, from document drafting to negotiation and closing. Our services include:

   • Conducting regulatory due diligence;

   • Advice in transactions involving the acquisition of qualified stakes and changes of control in entities regulated by the BCB and CVM;

   • Negotiation of governance terms in line with regulatory requirements for control groups and capital requirements;

   • Support in communication protocols with the BCB related to corporate transactions: changes in corporate control, reporting of qualified ownership, and other registrations arising from M&A transactions and investment rounds.