Small foreign companies already seek stalls

By Marilia Scriboni
After the large multinationals, small and medium sized foreign companies begin to arrive in Brazil. Lawyers say that the demand for this type of public business services from offices in the country begins to increase.
In March, the consulting firm KPMG and investment agency French Paris-Ile de France reported the Observatory Économique Capital Investment International, report that showed that São Paulo is one of the cities that receive investments from outside. The surprising given the position occupied by the metropolis: fourth place in the category of international investment in "strategic functions".
St. Paul surpasses New York, Fifth. Together, the top five in the standings represent 50% of the total investments made during 2011 in 22 cities examined. Destrinchados the study were given as branch openings, new factories, shops or services, expansion of existing activities, openings of offices and research centers and even joint ventures. Privatizations, mergers and acquisitions were left out of calculations.
The office Gonini Palace and Maximum Patricio Lawyers have seen the change closely, explains Tatiana Cardoso Gonini Palace, a lawyer and member of the Board. "The foreigners still regard the country as bureaucratic," she says. "Many customers report that they know a lot of entrepreneurs who would like to come to Brazil, but do not even know who or where to start looking."
Despite the distrust, Spanish, Italian and Portuguese continue to invest in Brazil. "Here in the office, we have many investors from Portugal, but this is a peculiarity of ours", says Tatiana. The bank has helped in the establishment of 40 companies. There are 83 foreign customers. She says there are two phases: the first involves the opening of the company and the second, post-opening consulting. "Investors looking for more than a lawyer. He also wants advice. The only information they have is that Brazil is the country of the moment. "
Attorney George Nemr, a member of Milk, Tosto e Barros Advogados, sees the trend similarly. According to him, marked the arrival of foreign investors is recent. "It's something new, four, five months at most." He said most of these entrepreneurs has worked in the area of ​​direct selling, a practice that became known for selling cosmetics door to door. "The area of ​​investment funds at risk is also being sought, as well as the infrastructure," he says.
Another interest of these companies when looking for an office, according to Tatiana's Palace, is a market opportunity. "Many employers hire foreign companies to do research, check market segments, competitors investigate, analyze the site and any Brazilian partners," he says. "We're hired to do the same analysis, but under the legal approach, and also to make the opening of the company itself."
Opening a business can take up to six months, says Tatiana. The term, however, does not scare foreigners. "Everywhere is so. What is most frightening is the law. The tax system is very complicated and is still protective labor legislation," he says. To get the job done in a "thorough and complex", the firm works with an interdisciplinary team, has experts in Corporate Law, Civil, Tax and Labour.
When the investor from the United States, however, the mess is greater. "There, the law is ruled by common law and the contract makes the law between the parties," said the lawyer. "We are frightened by the Chilean labor legislation that protects the worker," he says.
"We have a misconception that large companies are still coming. They are already here. What has been is the growth of small and medium enterprises. Sometimes, the company has 15,000 employees out there, but in Brazil will act with only five. This happens with companies that will act only in the phase distribution of a product, "he says.
Marilia is Scriboni Counsel magazine reporter.
Counsel Magazine, April 2, 2012