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24 - The Brazilian Stewardship Framework

from Part II - Jurisdictions

Published online by Cambridge University Press:  28 April 2022

By
Bruno Bastos Becker ,
Rafael Andrade  and
Viviane Muller Prado
Edited by
Dionysia Katelouzou  and
Dan W. Puchniak
Dionysia Katelouzou
Affiliation:
King's College London
Dan W. Puchniak
Affiliation:
National University of Singapore
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Summary

This Chapter outlines the broader Brazilian stewardship framework by assessing both the public and private rules applicable to investment and pension funds considering their fiduciary duties. It analyses the background and rules of the first and only Brazilian Stewardship Code, launched in 2016 by AMEC. Note that the Brazilian companies have historically concentrated ownership amongst a few companies with managerial control and institutional investors are usually minority shareholders, with a limited influence on the investee companies’ corporate governance. The chapter argues that despite the existence of various stewardship initiatives, there is no sound effort by public and private regulators to monitor and to enforce these rules and principles. There is also no clear endeavour from the public and private regulators to align their norms in relation to stewardship related duties.

Keywords

stewardshipBrazilinvestment fundspension fundsinstitutional investorsfiduciary dutiesBrazilian private and public regulationAMEC Codeenforcement
Type
Chapter
Information
Global Shareholder Stewardship , pp. 507 - 526
Publisher: Cambridge University Press
Print publication year: 2022

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