FUNDRAISING
Solutions & Structured Products

Private Placement

Advising on raising funds from third parties, aiming to satisfy customer demand for the optimization of the capital structure and cash flow alignment;
  • Initial Analysis of the company to identify needs;
  • Selection of the best and most efficient financial structure for the customer;
  • Support in the identification of potential investors, domestic or foreign;
  • Through special partnerships, indications on Legal Consulting for the Tax Area.


Structured Operations

Certificates of Real Estate Receivables (CRIs)

These are fixed-income securities, considered Securities and backed by real estate credits –consideration of the flow of payments for the acquisition of real or rental property – issued by securities entities. They can be issued in a simple form or with a trustee regimen. For a fiduciary regimen, a separate capital of the total amount of credits must be submitted to the fiduciary regimen that will guarantee the operation and managed by the company securitizing real estate credits. Furthermore, a fiduciary agent is assigned who will be in charge of ensuring the rights and interests of beneficiaries and will follow up on the securitizing company’s performance in the management of this separate capital.

Real Estate Credit Bills (CCI)

Security that represents mortgage credits, issued by that creditor and which may be total or fractioned. It is an executive extrajudicial security for the accrued amount in accordance with the clauses and conditions foreseen in the contract that originated it. This security is a real estate credit bill backed by a real guarantee, and the issuance of a CCI shall be endorsed by the Land Registry Office to which it is linked.

Bank Credit Bill (CBB)

This is a credit bill issued by a legal or natural person in favor of a financial institution or equivalent entity, and it represents a cash payment promise derived from any kind of credit operation. This extrajudicial security represents a real, net and feasible debt. A financial product aims to finance future investments in companies that are seeking growth ahead of their sector.

Structure Funds

 

Private Equity Funds (FIP)
Private Equity
Private Equity Funds (FIP) Regulated by CVM Instruction 391, the FIP is a closed-fund, a pool of resources destined for the acquisition of shares, debentures, subscription bonuses or any other securities convertible or exchangeable into shares issued by listed or unlisted companies Fund managers participate in the decision making process of these companies and exercise strong influence on the strategic policy and management, especially through the indication of members to its board of directors. The private equity funds should invest in companies chosen according their growth potential and management. The investment objectives consist of capitalizing the company, defining a growth strategy, increasing the share price and selling this participation with profit.
Receivable Investment Funds (FIDC)
The FIDC (Receivables Investment Funds) is a type of investment with the objective of providing financial returns through the acquisition of credit funds or credit rights originating from numerous financial transactions. These operations include credit card receivables, car loans, electric bills and others. This fund must maintain more than 50% of its net worth invested in credit rights. These funds can be constituted in an open format, where requests for the redemption of shares are done in accordance with the provisions set out in the fund bylaws or in a closed format, where the shares are redeemed upon maturity of the series or class of shares or of the fund, as set out in the fund documentation, or upon liquidation, allowing for the amortization of quotas/shares according to the fund regulation or decision of the shareholders at the general assembly. The shares under the closed format can be negotiated in stock exchanges or in an organized OTC (over-the-counter) market.

 

Bonds (Debentures)

Bonds are real estate certificate issued by a corporation raising funds, which will assure the holder a credit right against the Company. So by acquiring a bond or debenture, the Investor becomes a Creditor of the Company, being remunerated by the investment in accordance with the conditions and dates foreseen in the respective Deed of Issue. Fund raising in the Capital Market, through bond issuance, can be done by a Company, with open or closed capital, and the most attractive point of issuance bonds is the possibility for the Issuer to determine the amortization flow and forms of remuneration. Bond issuance must comply with the Incorporations Law (Law number 6.404/76) and with the rules published by the National Monetary Council (CMN) and the Central Bank of Brazil. Bonds or debentures are classified in accordance with the guarantees they offer, such as (i) secured bond, (ii) senior bond, (iii) unsecured bond and (iv) subordinate debenture.

 

Legal Claims

Court Ordered Debt Paymentsok
Aria Capital Corporate assists in the intermediation of judiciary bond sales, as well as other credit rights arising from other types of judicial decisions (assets), assisting its clients in the negotiation with potential financial institutions interested in the acquisition of these rights, always acting in the best interests of the client.
The process goes through the following stages – (i) a legal opinion evaluating the documents is presented (internal or issued by an outside law firm) and (ii) a specialized study incorporating calculations according to each beneficiary’s amounts, including his/her monetary restatement is elaborated, allowing for a faster Due Diligence process to be performed by the Financial Institution/Investment Fund that offers the best proposal.

Judiciary Bonds (Certificates of Court Ordered Payments)

Debt derived from a legal claim on a public entity. This is a payment transaction request for an exact amount, considering the total amounts higher than sixty minimum Brazilian wages per beneficiary. There are two different operations:

  • Alimentar (Related to Alimony) – derived from legal claims involving pensions, alimony, or compensation payment in case of death or permanent disability, among other alimony amounts;
  • Não-alimentar or Common (Non-Alimony related) – paid in ten or fifteen annual installments and derived from other legal claims from a natural person or legal entity brought against the Court of Treasury.

 

Phases

Once the claim is valid and no more appeals can be made, the process enters the execution phase. At the end of this phase, the Judge sends an official communication to the President of the Court of Appeals to require payment. The Court of Appeals, after hearing the Prosecutor’s Office and receiving a favorable opinion, requires the funds with the administrative authority. The Precatório must be included in the Budget to be paid the year after its inclusion, each paid in chronological order, and as based on the requirements received by the Court until July 1st of each year.