Relevant Facts - July 2014
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Amec Opinion – Virtus in medium est

If the market is efficient, why are non-voting shares discriminated?

Questions like this are blandly repeated by ‘the more radical liberals’ when they want to criticize many of the regulatory initiatives launched in the capital market. Their proponents assume that the State is not responsible for protecting investors once they should know what to do with their money. Caveat Emptor, cry the libertarians.

Hold it!

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    Amec contributes to CVM’s SDM Public Hearing No. 04/2012    
   

On July 11, Amec – the Association of Capital Market Investors – filed at CVM – Brazilian Securities and Exchange Commission – its contribution to the Public Hearing No. 04/2014 of CVM’s Office of the Superintendent of Market Development. Amec considers that its participation is relevant to the process dealing with the review of the Normative Instruction No. 409.

Click here to access Amec’s manifestation.

   
   
   
    CVM unanimously rejects the Union’s Plea Agreement in Eletrobrás case    
   

CVM Board has unanimously decided to reject the Plea Agreement proposed by the Federal Government, which is accused of non compliance with the Article 115 of the Corporate Law due to its participation in the General Shareholders’ Meeting that decided for the acceptance of the terms of the Provisional Measure 579 – which brought about high losses to the state-owned company.

   
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    Amec requests the general repercussion in Petroquisa Case to STF    
   

The Petroquisa Case, which has been closely followed by Amec’s Technical Commission, has evolved. After the decision [read here] that puts any and all investments in quasi-public corporations at stake in Brazil, the case was submitted to the Supreme Federal Court (STF) and will have Minister Luiz Fux as its reporting judge.

   
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    ICGN approves new global governance principles for companies and investors    
   

In the General Meeting that usually takes place simultaneously to the Annual Conference, ICGN’s (International Corporate Governance Network) members approved the review of the network’s Global Governance Principles.

   
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    Canadian association celebrates 10 years with academic study    
   

The Canadian Coalition for Good Governance (CCGG) is celebrating its 10th anniversary. Operating under a model similar to Amec’s, CCGG gathers 47 institutional investors responsible for managing $2 trillion USD in Canadian investors’ assets. Its mission is to represent institutional investors, promote good governance practices, enhance the regulatory environment and collaborate with a greater alignment among the interests of companies’ Boards and managers and their shareholders.

   
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    Eumedion (the Netherlands) encourages more comprehensive auditing opinions    
   

The Dutch association of institutional investors has submitted comments on the proposal for the review of independent auditing opinions to the International Auditing and Assurance Standards Board (IAASB). Eumedion believes that “auditing opinions can become more relevant and useful for investors.” With this in mind, it calls the attention to the proposal dealing with the inclusion of the Auditing Committee’s opinion regarding the communications among these committees and independent auditors.

   
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    Government announces package to leverage the capital market    
   

On June 16, the Minister of Finance Guido Mantega announced two new measures aimed to encourage the emission of shares by medium-size companies. The first one is related to the exemption of the tax on capital gains for investments in companies with revenues of up to $700 million Reais. Despite the announcement, the measure will be formalized only later.

   
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    Minority shareholders question the merger between Itaú and Corpbanca    
   

The International Finance Corporation (IFC) has been seeking an independent evaluation on the transaction to check possible benefits for the controlling shareholder. Meanwhile, the fund management company Cartica Capital filed a judicial process in New York claiming that CorpGroup, from Saieh, has been disproportionally benefited at the expense of other investors.

   
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    ICGN – International Corporate Governance Network – seeks Senior Policy Advisor    
   

ICGN is seeking a professional whose mission will be to get proactively involved in public policies and regulatory entities together with other interested parties and promote ICGN’s initiatives, experiences and priorities. This includes working with ICGN Policy Committees and assuring the quality of ICGN policy-related publications. Résumés will be accepted by August 01, 2014. For additional information, please access: https://www.icgn.org/images/ICGN_Senior_Policy_Advisor_Role_SP.pdf.

   
   
   
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    ICGN Conference brings together investors and activists from all over the world    
   

In June, Amec participated in ICGN Annual Conference, one of the world’s major events focused on corporate governance and investors’ rights, attended by more than 600 professionals from all over the world. Entitled “Expectations of investors and companies in the face of 21st century challenges,” the 4-day event counted on the participation of the Netherlands’ Minister of Finance, Jeroen Dijsselbloem, in its official opening session. After his opening speech, the minister answered investors’ questions regarding shareholders’ rights in the Netherlands and Europe.

   
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    Amec’s members are entitled to a 10% discount on the registration fee in the 4th Congress on Corporate Law    
   

The 4th Congress on Corporate Law will take place at Pergamon hotel, in São Paulo, on August 19 and 20. Amec’s members are entitled to a 10% discount on the registration fee.

   
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