David S. Bakst

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In 2024, the Brazilian government enacted Law No. 14,801, creating the framework for incentivized bonds. Building on the success of incentivized debentures under Law No. 12,431/2011, this new instrument allows Brazilian companies to issue debt securities abroad with a zero percent withholding income tax rate for non-resident investors, subject to certain conditions. The measure aims…

Sustainable debt issuances by Brazilian companies in both domestic and international markets have steadily increased. Abroad, the combined volume of green, social, and sustainability bonds issued by Brazilian corporates, financial institutions, and the federal government rose from approximately USD 15.5 billion in 2023 to approximately USD 17.6 billion in the first nine months of 2024.

Domestic debt issuance is a widely used funding tool for Brazilian companies and is largely dominated by debentures. Brazil’s fixed income market has expanded significantly, with companies issuing hundreds of billions of Brazilian reais (BRL) in recent years. On the other hand, despite the undisputed dominance of debentures as the preferred funding domestic tool, international…

Over the past few years, we have seen growing interest in Commercial Paper (CP) programmes with a sustainable focus.

Traditionally used by corporations, financial institutions, sovereigns, and other issuers for short-term liquidity needs, CP is now being adapted to align with environmental, social, and governance (ESG) objectives.

The International Capital Market Association (ICMA) has recognised…

On January 24, 2024, the US Securities and Exchange Commission (the “SEC”) adopted new rules and amendments to existing rules and forms (the “Final Rules”) addressing (i) the treatment under the securities laws of special purpose acquisition companies (“SPACs”) in connection with their IPOs and their subsequent business combination transactions (“de-SPAC transactions”) with target operating…

Your issuer client is contemplating a non-deal road show and thinking about the information it can share with a select group of investors.  You know that this raises a number of issues and want a refresher.  Time to read our What’s the Deal? publication, Regulation FD!  Regulation FD requires timely public disclosure of material information…

On August 29, 2023, US federal banking regulators issued a proposal for long-term debt (“LTD”) requirements on certain midsize and larger US banking organizations (the “LTD Proposal”). The LTD Proposal is important because it would require many regional and larger banking organizations to issue significant amounts of LTD. In this Legal Update, we provide background…

The US Securities and Exchange Commission (SEC) has announced an increase in the filing fees to be paid by public companies and other issuers during the SEC’s 2020 fiscal year. Effective October 1, 2019, the filing fee rate will increase approximately 7.1 percent from the current rate of $121.20 per million dollars to $129.80 per…

On August 8, 2019, the US Securities and Exchange Commission proposed amendments to Regulation S-K that are intended to modernize business, legal proceedings and risk factor disclosures. According to the SEC, the proposed amendments are designed to update rules to account for developments since they were first adopted or last amended and to improve the…

In mid-March, the Securities and Exchange Commission adopted additional amendments that simplify disclosure requirements.  These amendments, which become effective in the spring, are responsive to the rulemaking mandate in the Fixing America’s Surface Transportation (FAST) Act.

During this session, David S. Bakst and Anna T. Pinedo of Mayer Brown LLP will discuss:

  • The SEC’s disclosure

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