Brazil is a federation comprising 26 States and a Federal District.
Pursuant to the Federal Constitution enacted in 1988, Civil or
Commercial laws must be passed by the Federal Government. The
basic structure of such laws is therefore dictated by a federal
statute.
States may only regulate these activities in a complementary or
secondary fashion .
THE CIVIL REGISTRAR
-The Civil Registrar, charged with registering individuals as they
are born, and registering their death as they pass away. The Civil
Registrars are governed by the Judiciary Power.
-They also register weddings, separations, divorces and informal
companionship relationships, whether of different genders or of
the same sex - as well as the regimen of assets chosen by the
couple . As from the year 2004, teh regimen of asssets may be
modified in the course of the relationship or the marriage.
- Civil registrars also register partnerships or civil entities such
as foundations, associations and institutes.
-The Registry of Deeds and Documents is also managed by the
State Courts in Brazil and they promote registration of deeds of
various natures as well as general documents .
- In Brazil there is no registry for secured transactions, so that
sometimes, in specific occasions, the Registry of Deeds and
Documents may serve this purpose.
-Should a foreign investor wish to invest money in a Brazilian
company, or should he or she wish to incorporate a Brazilian
company, he or she must designate an attorney-in-fact duly
resident and domiciled in Brazil, for the pursopose of being
served with notice of process, or a subpena, on behalf of the
foreing resident.
- In such cases, the power-of-attorney must be translated into
Portuguese by a sworn public transator, then brought before the
Registry of Deeds and Documents in order to be registered, then
subsequently brougth before the Trade Boards.
-All deeds relating to land must be registered with the Land
Registry. That registry is also part of the Judiciary Power, and
deals with any and all obligations relatd to real estates located in
urban areas.
- Should the area however be located in a rural environment, one
must first bring the relevant documents to the National Institute
of Colonisation and Agrarian Reform – INCRA, and subsequently
bring same documents before the Land Registry .
-Vessels, boats, yachts, are duly registered with the Nautical
Registrar, wich is related to the Admiralty Tribunal.
- In the Brazilian legal systems they are comparable to a plot of land,
such is the care with which the relevant documents of ownership are
evaluated.
_ In Brazil, such as the Nautical Registry, there is also the
Aeronautical Registry. No flying device can legally fly without the
proper authorization.
- All means of transportation of persons, animals or objects on
the air must be authorised and thus have a registration number
with the aeronautical authorities.
All sorts of vehicles must be registered with the State Department
of Transit; any eventual secured transactions involving such
vehicles are also subjet to filing before the State Transit
Authority.
When an automobile, or truck, or van is sold, the Transit
Authority has to file the relevant change of ownership papers.
Trade Boards register all sorts of business activities , as well as
sworn public translators and interpreters, public auctionneers,
general warehouses. As relates to such auxiliary agents of the
commercial market, such as sworn public translators and
auctionneers, Traed Boards also have disciplinary action over
them.
-In Brazil, certain limited liability entities have several
dispositions of the relevant law duly inserted into t heir by-laws
or their articles of incorporation.
- Trade Boards have to verify that all such legal dispositions have
been attended to; Trade Boards have hence the role of attesting
to the legal compliance of such documents
YEAR 2013
Total new entities registered - 45, 235
Total alterations in existing entities - 56,360
Total registration of Mercantile Books / Ledgers - 45,601
Total issuance of online certifications for prior entries – 60,193
Thank you !