What You Must Know About Getting Legal Representation in Brazil
Getting legal representation in Brazil is one of the requirements for companies looking to expand into the Brazilian market.
As required by Brazilian law, a foreign company must have a legal representative who'll oversee legal matters, receive and respond to legal summons, sign on behalf of foreign partners, make sure activities are in line with corporate guidelines, among others.
Legal representation in Brazil is of two forms:
-
Shareholder Representation
-
Company Representation
Shareholder Representation
In Brazil, it is not mandatory for a company to have a local partner, ensuring that it can be owned entirely by foreign shareholders.
However, during the incorporation process, each foreign shareholder must appoint a Brazilian or foreigner with a permanent visa as a legal representative.
The appointed representative will be named in the company's charter and have a power of attorney, representing the shareholders before the authorities.
Note that the legal representative may not be a shareholder but must be named in the articles of incorporation.
Company Representation
Before your company is incorporated in Brazil, you have to appoint a legal representative as an administrator who will act and perform dispositions on behalf of the company and is held responsible for all the company's actions in the country.
As with Shareholder Representation, the appointed administrator may not be a shareholder but only be named in the corporate charter.
You'll be able to limit the administrator's powers and responsibilities in the company's article of association.
The appointment of an administrator may be temporary or permanent, depending on whether you plan on obtaining a permanent Brazilian visa.
Who Can Be Your Legal Representative?
There are specific requirements for appointing a legal representative to represent you or your company in Brazil. According to Brazilian law, the legal representative must:
-
Be an individual resident in the country.
-
Be a Brazilian or a national of another country who holds a Brazilian permanent visa.
-
Have the authority of the foreign shareholders to administer the company and act on their behalf before the relevant authorities.
The requirements are determined by the Brazilian Federal Revenue Service (RFB) to ensure adherence to all tax laws.
Getting Trusted Legal Representation in Brazil
For successful incorporation and operation as a foreign company, the importance of getting trustworthy and professional legal representation in Brazil cannot be overstated.
As professionals versed in Brazilian laws, Ultrabics can provide you with highly qualified legal representatives for your company in Brazil.
With years of experience providing turnkey solutions for foreign companies in Brazil, rest assured; you'll get the best legal representative that, if you choose, make decisions and secure your company's operations with unrivaled expertise.
