Oil and Gas
Felsberg has extensive experience in assisting foreign and local clients in a wide range of oil and gas matters, including negotiation and draft of contracts, development of complex corporate structures for Brazilian and foreign companies, setting up and obtaining governmental authorizations to do business in Brazil, as well as representing clients in court, providing legal assistance in respect to financing transactions and day-to-day business.
Felsberg has several areas recognizes by the Legal 500 Guide, such as Projects and Infrastructure, International Trade and Customs, Bankrupting and Restructuring and Tax.
Felsberg’s Oil & Gas practice has professionals exclusively dedicated to the oil and gas industry with solid and recognized experience in assisting clients in multiple areas.
The firm is experienced in drafting and negotiating all types of oil and gas-related agreements, including farm-in/farm-out, joint operating, unitization, concession, distribution and purchase and sale agreements.
With a wide range of legal oil and gas areas properly covered, we also assist clients in strategic and contentious regulatory matters, mainly before ANP. Most relevant actions include (i) monitoring the issuance of new regulations for the sector, (ii) assistance to the oil companies in all of their communications with ANP, (iii) assistance on meetings with regulatory bodies and (iv) participation in public hearings relating to draft of ANP and other authorities regulations.
CORPORATE AND LICENSING
Felsberg provides legal assistance and consultancy to oil and gas companies and groups having foreign or domestic shareholders that are establishing activities in Brazil. We commonly assist clients in the constitution of new oil and gas companies and their corporate structure, involving M&A transaction, Joint Operating Agreements, Joint-Ventures and Shareholders Agreement. We also handle their day-to-day corporate, tax financial, commercial contracts and regulatory matters, including their representation before the Brazilian Central Bank (BACEN).
The Oil and Gas and Tax Departments work together to provide the proper legal assistance regarding compliance of domestic and cross-border transactions with Brazil’s complex tax system. It advises clients before federal and state public organs, especially for the temporary admission of equipment under the ‘Special Customs Regime for Importation and Exportation of Goods Destined for Research Activities and Drilling of Oil and National Gas Deposits’ (REPETRO).
RESTRUCTURING AND INSOLVENCY
Our team members have acted for large lessors, investors and important creditors in relevant debt restructurings and reorganizations, both in and out of court. In addition, our team has also worked in several insolvency/bankruptcy proceedings and can still rely on the support of Felsberg’s Insolvency Department (frequently ranked as tier 1 in Brazil).
Our team is familiar with the applicable legislation regarding Brazilian compliance, and its combination with the Foreign Corrupt Practice Act (FCPA) and the UK Bribery Act. For more than 15 years, even before the new Brazilian regulatory framework on the matter, our team makes training program with the individuals of the clients explaining the FCPA, the UK Bribery Act and how they both are connected with the Brazilian applicable legislation. Besides, we have also participated in due diligence process regarding potential breach of the compliance rules and provisions.