Rua Pedroso Alvarenga 1221 - 1º andar
Itaim Bibi - CEP 04531-012 - São Paulo, SP
+55 11 3019-0888

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Real Estate

TCSA Advogados is equipped to assist you with all legal issues throughout the real estate development process, from asset acquisition to product launch.

Acquisition of Real Estate Assets

» Purchase and Sale
» Land Swap
» Payment in Kind
» Sale and Leaseback (SLB)

Rentals / Leases

» Lease Contracts
» Surface Rights
» Rural Leases
» Built to Suit (BTS)
» Leasing Operations

Risk Analysis

» Real Estate Due Diligence

Property Development

» Real Estate Development
» Land Parceling/Lot Division
» Desmembramento
» Development Contract
» Real Estate Management
» Construction Contract
» Construction Site Management Contract
» Shopping Center and Hotel Ventures

Real Estate Guarantees

» Mortgage
» Fiduciary Lien
» Fiduciary Transfers and Pledge of Receivables

CORPORATE

The vehicle by which a real estate product is developed and launched is of fundamental importance. TCSA Advogados offers a strong corporate practice to assist you with incorporating companies and investment funds, executing agreements between project partners, and drafting all necessary contracts.

Incorporation of Companies

» Limited Liability Partnerships
» Corporations
» Silent Partnerships

Corporate Agreements

» Quotaholders’ Agreements
» Shareholders’ Agreements
» Investment Agreements
» Operational Agreements
» Consortia of Companies

Corporate Contracts

» Purchase and Sale of Quotas
» Purchase and Sale of Shares
» Subscription Agreements

Corporate Guarantees

» Fiduciary Transfers
» Pledge of Shares

Capital Market

TCSA Advogados, understanding the dynamic nature of the financial chain that real estate credit engender, offers a Capital Market practice area centered on real estate credits.

Issuance of Securities

» Real Estate Credit Notes (CCI)
» Securitization of Real Estate Receivables and Receivables Certificates (CRIs)
» Debentures

Investment Funds

» Real Estate investment Fund (FII)
» Private Equity Fund (FIP)

Actions before Regulating Bodies

» Registration and deregistration as publicly-held company, advising on regulation of publicly-held companies and on corporate governance issues
» Representation in administrative proceedings before the Brazilian Securities and Exchange Commission

Corporate Guarantees

» Fiduciary Transfers
» Pledge of Shares

Structured Transactions

Securing financing – via financial institutions or through joint ventures – is essential for real estate development. Knowing this, TCSA Advogados is able to legally formalize the most varied types of structured transactions.

Funding for Real Estate Developers

» Securing financing through Financial Institutions
» Securing financing through private investors with contractual or corporate structuring
» Private Equity Investments

Public Records

Public records comprise a separate chapter in real estate business law. It is extremely important to confer legality and legal certainty to the construction and marketing of real estate products. TCSA Advogados has extensive experience in the area of public records, covering the following topics:

Registrations and Approvals

» Real Estate development and Parceling of Urban Land
» Institution and Specification of Condominiums

Administrative Procedures

» Record Rectification
» Questioning

Urban Development Regulations

Urban Development regulations have been a source of concern for real estate developers, who seek every day to ensure that real estate developments may be carried out on the selected real estate property in accordance regulatory environment. In this area, the TCSA Advogados specializes in:

City By-laws / Plans

» Urban Operations
» Consortium Operations

Urban Interventions by the Government

» Conduct Adjustment Term (TAC)
» Public Civil Action
» Administrative Discussions regarding zoning and occupancy

Environmental Law

Much like urban development regulations, environmental law has increasingly impacted real estate activity. With this in mind, TCSA Advogados advises its clients on:

Environmental Advisory and Administrative Litigation

» Environmental Due Diligences
» Conduct Adjustment Term (TAC)
» Civil and Criminal Investigation
» Averbação de Áreas de Preservação Permanente (APP)
» Registration of Areas of Permanent Preservation (APP)

Tax Law

The optimization of tax costs is on the real estate developer’s agenda, with special focus on tax planning. Thus, TCSA Advogados offers the following legal services:

Real Estate Tax Planning

» Tax planning focused on the structure of real estate developments
» Development of smart strategies for optimizing tax incidence on capital gains generated by real estate holdings

Administrative Tax Litigation

» Administrative Tax Procedures for payment or recognition of no-incidence of ITBI. ITCMD, and ISS in real estate transactions

Real Estate Litigation

» Adverse Possession
» Possessory Actions
» Lease Claims
» Rectification of Real Estate Registration
» Injunction against Third-party Construction
» Compulsory Adjudication
» Expropriation