Two noteworthy articles and one notable initiative in Brazilian CG practices nowadays. One regards an already-missed opportunity, the others still have potential (but should be treated with priority by investors interested in improving Brazilian capital markets).
Meet the “zombie funds”: funds that suspended redemptions in the 2008 meltdown and are yet to liquidate, despite holding some $50 billion in assets. A NYT article discusses the problem and possible legal strategies.
Dealbook.com’s guest columnist, Andrew Pincus, defends arbitration as an option to class-action lawsuits and discusses a recent US Supreme Court decision that will make it easier for arbitration clauses to prevent class-action lawsuits. One never wishes to be in such a situation, but the devil is always in the details… In the end, that great Buffett axiom “risk comes from not knowing what you’re doing” does include “risk comes from not reading what you sign”.
A Project Syndicate article argues – correctly – that Brazil’s recent progress was not due to major improvements in its legal structure or security of contracts. More importantly, it diagnoses that these things will have to improve if we are to reach the “next level”. While infrastructure is also vital, again the Argentina example highlights security of contract as just as vital and sometimes forgotten.
Reading an article about an interesting Education business had us thinking of regulation and, primarily, goals for Education. The current debate about Public Education in the US focuses on adjustments/ improvements to the No Child Left Behind Act of 2001, which is all about accountability. In a separate story, Tom Friedman reminds us that the top-notch jobs of the future may require skill-sets (and individual attitude) that current education models may simply be unable to provide. But when you’re a Brazilian public education student and the debate isn’t even close to scratching the surface of the “accountability” trend, it’s definitely a scary future.
Gustavo Loyola, a former Brazilian Central Bank chief, writes an op-ed today about the increasingly irresponsible legislative pieces enacted or proposed by our Congress. He goes back to the ages-proven concept that success breeds failure and vice-versa and applies it to Brazil’s current situation. We’ve been mentioning these risks in our latest posts.