The Brazilian legal registration systems
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The Brazilian legal registration systems. Brazil is a federation comprising 26 States and a Federal District.

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The Brazilian legal registration systems

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The brazilian legal registration systems

The Brazilian legal registration systems

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 brazilian legal registration systems

THE CIVIL REGISTRAR

  • 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 brazilian legal registration systems

THE REGISTRY OF DEEDS AND DOCUMENTS

  • 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.


The brazilian legal registration systems

THE LAND REGISTRIES

  • 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 .


The brazilian legal registration systems

THE NAUTICAL 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.


The brazilian legal registration systems

THE AERONAUTICAL REGISTRY

_ 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.


The brazilian legal registration systems

THE TRANSIT REGISTRY

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.


The brazilian legal registration systems

THE TRADE BOARDS (i)

  • 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


The brazilian legal registration systems

SOME STATISTICS OF THE RIO DE JANEIRO TRADE BOARD (II)

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


The brazilian legal registration systems

THE RIO DE JANEIRO TRADE BOARD

Thank you !


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