On June 22, 2020, a notice of public hearing No. 10/2020 of the Brazilian National Agency of Waterway Transportation (ANTAQ) was published. 

The purpose of this hearing is to obtain comments on the proposal regulation regarding the procedures for transferring corporate control or title of organized port concession contracts, port facility lease contracts and port facility adhesion contracts.

According to ANTAQ, the main goal of the new regulation is to: (i) fill the regulatory gap regarding the transfer corporate control of authorization contracts; (ii) standardize the requirements and procedures for requests for transfer of corporate control or title related to contracts in the port sector, considering the specificities of each model of grant (concession, lease and authorization); and (iii) expedite the analysis of requests for changes in title and corporate control, which may include partial or total exemption from analysis depending on the characteristics of the transaction.

Comments can be sent electronically to ANTAQ until August 12, 2020. The date, time and place of the public hearing will be established and informed later.

Our team is available to provide further information on this public hearing.

Originally published July 10, 2020.

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