Health licensing in Rio de Janeiro (RJ): Deadline ends on April 30th!
published on April 26, 2024 By Tatiana Fernandez The deadline for health licensing of commercial establishments in the Municipality of Rio de Janeiro ends on April 30th. This is a mandatory procedure that must be renewed every year, as established in the Health Surveillance, Zoonosis Surveillance, and Agricultural Inspection Code of the Municipality of Rio de Janeiro (Complementary Law 197/2018). Which establishments need to have health licensing? The Rio de Janeiro Health Surveillance Code divides establishments subject to health licensing into three categories: 1. Regulated Activities Those carried out in places where products and consumer goods are extracted, produced, manufactured, transformed, processed, prepared, manipulated, purified, fractionated, packaged or repackaged, imported, exported, stored, dispatched, transported, bought, sold, transferred, or used (food, additives, beverages, water for human consumption, bottled or not, drugs, medicines, pharmaceutical supplies, correlates, products, and equipment of interest to health, cosmetics, beauty products, sanitizers, household cleaning products, hygiene items, and pesticides, among others) or where services of interest to health are provided; including all types of health care units, specialized or not, and other related activities. Paragraph 3 of article 8 of Supplementary Law 197/2018 also expressly lists a series of other activities covered by the same condition, such as daycare centers, concert halls, clubs, hotels, shopping centers, stadiums, among others. These establishments can only operate after issuing a Health Operating License (LSF). 2. Related activities Those that must be controlled by the municipal health agency, considering the risks arising from environments and places of collective use, where any economic, commercial, industrial, and service activity is carried out by a legal entity in the Municipality of Rio de Janeiro. In other words, in practice, all others, of a permanent nature, that do not qualify as “regulated activity”. In order to operate, these establishments must apply for a Health License for Related Activities (LSAR). 3. Transitory activities Ancillary activities at events held in public or private areas, which involve, among other things, the sale of food and drink, emergency medical care, pet exhibitions, agricultural festivals, art shows and circuses. In order to operate, these establishments must apply for a Health License for Transitional Activities (LSAT). Validity term The LSF and LSAR will be valid until April 30th of each year, and must be revalidated, upon expression of interest, until the last business day of the same month. What are the penalties for those who do not regularize the situation? Pursuant to Article 36, I, of Supplementary Law 197/2018, the operation of establishments without due regularization may result in the imposition of a fine and the closure of the location. How to obtain a health license? To obtain a health license, you need to request it through Carioca Digital’s portal. PLBrasil Paralegal has qualified professionals and trained teams to provide you with all the support you need for this and any other type of license you need to establish and operate your company. It also offers its clients, through its Digital Platform, a HUB where all corporate documents and history are concentrated and permanently available, facilitating control and operation. It also offers its clients, through its Digital Platform, a HUB where all corporate documents and history are concentrated and permanently available, facilitating control and operation. The PLBrasil Group is available to assist you with this and other obligations through the channels below: +55 (11) 3292-5050 nn.sp@plbrasil.com.br
Electronic Judicial Domicile and Electronic Labor Domicile: Companies need to be attentive to deadlines for registration!
published on April 10, 2024 By Carla Pusiol It is not new that public institutions have been seeking more effective ways to communicate with the parties involved in judicial and administrative proceedings. In an increasingly technologically connected world, where private communications are almost exclusively conducted electronically, it makes no sense for public agencies to continue relying on letters sent by mail or visits from judicial officers for this purpose. In this context, the National Council of Justice (Conselho Nacional de Justiça – CNJ) and the Ministry of Labor and Employment (Ministério do Trabalho e Emprego – MTE) have respectively developed two tools aimed at optimizing procedural communication: the Electronic Judicial Domicile and the Electronic Labor Domicile. In both cases, the aim is to make it possible for companies to receive communications (summonses, subpoenas, notices, etc.) addressed to previously registered email addresses, within the scope of legal proceedings (in all spheres) and administrative proceedings (in the labor sphere). How does it work? First, it should be noted that they are different systems. Therefore, it is necessary to provide two registrations on the respective platforms: Electronic Judicial Domicile – (access via e-CNPJ, e-CPF, or “gov.br” account at silver or gold level). This system will receive notifications of legal proceedings from all spheres (State, Federal and Labor courts). Electronic Labor Domicile – (access via “gov.br” account at silver or gold level). This system will receive notices of administrative proceedings arising from labor inspection actions. Once the registrations are completed, any communications that were previously made in person (by mail or judicial officer, for example) will now, subject to exceptions, be made electronically, through the respective virtual addresses. Which companies are required to register in the system? All medium and large private companies are required to register on both platforms. However, there are distinct implementation schedules, which can be seen below: Electronic Judicial Domicile • Financial institutions: optional registration until August 15, 2023. • Other private companies: optional registration until May 30, 2024. Electronic Labor Domicile • Employers and entities belonging to eSocial groups 1 and 2 – optional registration until March 1, 2024. • Employers and entities belonging to eSocial groups 3 and 4, as well as domestic employers – optional registration until May 1, 2024. What happens if registration is not completed? In the case of Electronic Judicial Domicile, if a company fails to meet the deadline, it will be compulsorily registered by the CNJ itself, based on data provided by the Brazilian Federal Revenue Service – which may be out of date. From then on, if it remains inactive, in addition to the risk of facing charges in absentia and missing procedural deadlines, it may incur contempt of court to the dignity of justice, subject to a fine of up to five percent (5%) of the amount of the claim. In the case of the Electronic Labor Domicile, inaction will also lead to compulsory registration and the possibility of missing deadlines for defense, submission of documents and other measures determined by labor inspection. These missed deadlines, in turn, may result in heavy fines, the reversal of which may require filing an action. Conclusion It is imperative for companies to adhere to the prescribed deadlines, facilitating swift registration in both systems. Moreover, they need to be attentive to the need to adjust their internal protocols, integrating access to these platforms as an indispensable measure to prevent setbacks in legal and administrative proceedings. The PLBrasil Group is backed by a team of highly skilled professionals dedicated to providing comprehensive support for registration and monitoring on these platforms, along with any other activities required for the establishment and smooth operation of your company. It also offers its clients, through its Digital Platform, a HUB where all corporate documents and history are concentrated and permanently available, facilitating control and operation. The PLBrasil Group is available to help you with registration through the channels below: +55 (11) 3292-5050 nn.sp@plbrasil.com.br
Future Processes: Agility and Safety with Artificial Intelligence
The use of artificial intelligence (AI) is widely increasing in the most diverse sectors of society. This is a technology currently undergoing consolidation, profoundly affecting how we handle systems, databases, and information. It automates repetitive tasks, minimizes errors, tailors experiences, and enhances security, among other functionalities. Aware of this reality, the National Department of Business Registration and Integration (DREI), in its most recent Normative Instruction, authorized the use of AI mechanisms to optimize the analysis of compliance with legal formalities in documents submitted for registration with the Commercial Registries. An important step forward in providing agility and security to processes, reducing margins of error and the time required to analyze the documentation presented. Using AI requires a culture change The use of AI alone is not capable of producing positive effects immediately. They depend on a change of mindset, requiring not only the Commercial Registries, but also the users themselves, to adapt to the assumptions for using this type of technology, such as: use of structured data through pre-formatted forms; use of documents with a specific format and size; adoption of systems capable of intercommunicability with each other; constant updating of technological tools; and use of reliable and efficient security mechanisms. This culture change, therefore, encompasses a set of practices, apparatus, tools, guidelines, and philosophies that need to be absorbed by everyone involved, aiming not only to implement innovations, but also to test, improve, and consolidate them. Are there experiences with AI in public bodies? There are already successful precedents for using AI in notary offices. In this sense, the Brazilian Property Registry (RIB), an entity dedicated to promoting, improving, and modernizing the services provided by property registration officers in the country, developed the Property Registry Geographic Information System (SIG-RI). This is a system that provides public data on different types of Brazilian land occupation, in urban or rural areas, using artificial intelligence. A very important tool for mapping land occupations and regularization in the country, being capable, according to news published on National Council of Justice (CNJ) website, of “collecting, storing, analyzing, and managing spatially referenced data relating to indigenous reserves, conservation units, quilombola communities, settlements of agrarian reform, archaeological sites, border areas, areas with environmental embargo, among other spaces.” Conclusion It is possible that the processing time for requests made to the Commercial Registries will be significantly reduced due to the use of artificial intelligence. But it is something that will take a joint effort and some time, until the system is working harmoniously and the paradigms that currently exist are definitively broken. The PLBrasil Group closely monitors this innovation process and has its own digital platform and qualified professionals, always ready to deal with the challenges inherent to this true revolution in registration bureaucracy. +55 (11) 3292-5050 nn.sp@plbrasil.com.br
IN DREI 1/2024: Changes in Business Records in Brazil
By Sócrates Félix and José Júnior The most recent publication of Normative Instruction 1/2024, released by the Brazilian Department of Registration of Business and Integration (DREI), comprises new requirements for business registration in Brazil, which will have a significant influence on the country’s registration landscape. The updated requirements are the outcome of a collaborative effort by the government, representative bodies, and society to modernize the country’s business registration processes. This is an expansive regulation which modifies DREI Normative Instructions 81/2020 and 77/2020 in a comprehensive and disruptive way. It is envisaged that the Commercial Registries will need some time to understand, integrate, and carry out all the modifications. In this regard, there is considerable procedural variation among the registration bodies of the different states of the federation, enabling the efforts to modernize and standardize encompassed in NI DREI 1/2024 even more important. Even after full implementation, it is probable that some of these characteristics may exist, justifying the continued use of professional guidance to guarantee that the process works effectively. Although it is too early to determine the actual implications of the majority of the modifications that have been implemented, certain aspects may be highlighted that show an essential trend toward simplicity, debureaucratization, and modernization The modifications are largely contained in the amended content of NI DREI 81/2020, which is now better aligned with these goals. Article 59, for example, was amended to establish that a series of operations will no longer be conditional on the prior authentication of the books of the companies involved. On the other hand, Article 9º-B, Paragraph 3º, authorizes the use of artificial intelligence technologies to improve the analysis of legal compliance in documents submitted for registration. In turn, Article 35 now provides for the possibility of using electronic signatures other than qualified signatures. These are some of the modifications mentioned in the 81-page text of NI DREI 1/2024, which illustrate the paradigm shift and the search for a more agile, modern approach that is in step with the progress of technology and society. Over the next few weeks, we will go into some of these in more detail, explaining how these new features affect the day-to-day operation of the Commercial Registries. Of course, flexibility, modernity, and the ability to choose other pathways indicate development in any process. It should be noted, however, that simplicity, as pursued through technological development, brings with it a set of contingencies that must be managed. The possibility of using graphic elements in instruments submitted for filing (provided for in the new wording of Art. 9º-A), for example, brings with it the challenge of dealing with potentially heavier files. Likewise, the use of external digital signature platforms (art. 35) will certainly require constant care to ensure that the systems are integrated and interact properly. Added to this are other obstacles that already existed and are natural to the implementation of any system, such as: not recognizing DBE forms to start the process; the time taken to analyze digital cases is longer than in the physical/presential format; electronic service in the “contact us” format and lack of technological tools capable of guaranteeing the authenticity and integrity of certain documents. Whether due to existing issues or the complexities of adopting novel and disruptive legislation, there is an increasing demand for efficient tools and expert individuals in business registration activities. The implementation of NI DREI 1/2024 is currently underway in Commercial Registries around the country; thus, now is not the time to take unnecessary risks with bureaucracy in public bodies. The PLBrasil Group offers its customers, through its Digital Platform, a HUB where all corporate documents and history are concentrated and permanently available. In addition, it has highly qualified experts and trained teams to provide all the support you require for any kind of registration required to establish and operate your business. Consult the team of experts at PLBrasil Paralegal to assist with registrations at the Trade Boards: +55 (11) 3292-5050 nn.sp@plbrasil.com.br
Soft Landing – How to establish a subsidiary of a foreign company in Brazil
published on January 19, 2024 by João Gabriel Ferrari In recent decades, the interest of foreign companies in so-called emerging markets has been growing. Factors such as the internal market, labor, costs, bureaucracy, inflation, geographic positioning, access to raw materials, among others, feed a complex equation through which investors decide where to direct their investment. Brazil, due to its set of advantages, has attracted many of these companies, especially those interested in accessing the thriving Latin American market. However, guidance, knowledge and planning are necessary for a smooth and profitable landing in the Brazilian market. Why establish a subsidiary in Brazil? Among the points that place the country on the private investment route, the size of the consumer market stands out often among the 3, 5 or 10 largest markets in each segment, the international logistics network, access to specialized labor at cost competitiveness, and the abundance of natural resources.. The continental dimension, in this sense, combined with a friendly climate throughout the year and abundant nature, facilitates access to inputs and labor, while at the same time offers a heated domestic market with significant consumption power. These are characteristics that, added to the favorable macroeconomic context, which includes significant industrial capacity, monetary estability and potential for economic growth, place Brazil in a privileged position to receive foreign companies. Betting on the country is proving to be an increasingly attractive and rewarding alternative, even if, to do so, it is essential to carefully navigate the treacherous waters of bureaucracy. Brazilian bureaucracy We need to take seriously the cliché that “Brazil is not for amateurs”. Regulatory difficulties and bureaucratic obstacles, in general, can frighten investors who are less prepared to deal with an avalanche of formal requirements involving successive protocols, stamps, licenses and authorizations. On the other hand, these requirements can be overcome with experience and vast knowledge of local legislation and regional procedures, particularly when we are talking about a territory with continental dimensions like Brazil. As a general rule, knowing the regulatory framework will bring greater understanding to comply with local legal requirements. In Brazil, opening a subsidiary of a foreign company takes more than triple the time than the global average. A long wait that, depending on the sector and the complexity of the operation, requires authorizations issued by up to four different ministries and several months of going back and forth to notary offices and public bodies. Brazilian bureaucracy is almost a separate “language”, so it is necessary to master it to be able to operate in the country. Or, as a solution, hire a specialized team accustomed to following this path in a much safer, faster and more efficient way. Assistance that will be necessary not only to overcome the initial obstacles, but also to deal with the complex tax framework, the lack of clarity in the legal environment, the difficulties in bookkeeping and the peculiarities of our banking system, among other obstacles. 7 steps to establish a subsidiary in Brazil In general, except for the specificities of sensitive sectors, as well as differences in procedures in different regions, it is possible to open a subsidiary of a foreign company in Brazil in seven (7) steps: Fiscal/tax and corporate planning; Appoint legal representatives in the country; Define the address of the registered office and branches, if applicable; Prepare constitutive acts with essential clauses that will establish the rights and duties of partners and managers; Obtain licenses/registrations/registrations and certificates at municipal, state and federal levels; Register foreign capital operations with the Central Bank; and Implement or outsource backoffice structure (accounting, human resources tax, billing, accounts payable, accounts receivable, controllership, finance). * *These seven (7) steps are just the main steps for establishing a Brazilian company with foreign partners. There are several other related procedures that must be taken so that a complete opening of a company in Brazil is possible. There are several other related procedures that must be taken so that a complete opening of a company in Brazil is possible. With seriousness, competence and professionalism, we make our experience and reputation of more than 18 years in Brazil available at the service of our clients, enabling the installation of subsidiaries of foreign companies in Brazil in a safe and efficient way. Conclusion The difficulties of operating in Brazil are directly proportional to the growth opportunities for foreign investors. Once the obstacles to start operations have been overcome, the return expectations certainly make up for the bet. It is essential, therefore, that the path is followed with full awareness of the challenges imposed by Brazilian bureaucratic culture and guided by precise, constant and efficient guidance. Our offices in São Paulo and Rio de Janeiro are available to help with this process. Is your foreign company interested to establish a subsidiary in Brazil? Count on the advice of highly specialized professionals to speed up bureaucratic processes. Is your foreign company interested to establish a subsidiary in Brazil? Count on the advice of highly specialized professionals to speed up bureaucratic processes. The team of Legal Representation of PLBrasil Group is available to assist you through the channels below: +55 (11) 3292-5050 nn.sp@plbrasil.com.br
Real Estate Regularization
Most Brazilians grew up hearing that investing in real estate is a safe way of protecting assets and earning income at the same time. If we consider that the Brazilian real estate market is one of the world’s largest, significant opportunities exist for attentive investors even in times of crisis. However, buying, selling, or maintaining a real estate property requires several obligations often unknown to the general public. If those obligations are not met, many people feel at a loss at how to comply with them. Besides, investors, contractors, developers, and large companies deal with significant bureaucratic obligations and cannot always manage real estate properly. More than knowledge, these situations require a strict control protocol to keep the various certificates inherent to the property up to date. When combined, ignorance and lack of management result in approximately half of the real estate properties in Brazil facing some irregularity, according to data from the Ministry of Integration and Regional Development. This reality affects small and large owners alike. How to regularize real estate? Firstly, one must identify the nature of the irregularity, which normally concerns: the absence of a public deed; a lack of entry registration; the absence of the certificate of occupancy during construction; the absence of a business license; and the non-payment of fees or taxes, such as the real estate conveyance tax (ITBI)/the estate and gift tax (ITMCD), deed fees, registration fees, financing fees, brokerage fees, the urban real estate tax (IPTU), the income tax, and condominium fees. Once the issue is identified, we can establish what action is needed to solve it. Then, the relevant documentation must be gathered, and the applicable amounts paid, to regularize any outstanding fees or taxes. One must bear in mind that regularizing real estate can be a significantly expensive process, and small mistakes can become a huge headache. The best way to avoid getting overwhelmed with fees, taxes, and documents when dealing with real estate is to hire specialized and qualified professionals to deal with this type of process. Real estate documentation management Managing a large portfolio of real estate properties is a task that requires strict methods and trained professionals who can deal with the complex bureaucracy involved. This is highly important not only to facilitate a possible liquidation of real estate but also to ensure that the company is able to take advantage of business opportunities requiring strict tax and accounting compliance. Participation in acquisition, merger, sale, court-supervised reorganization, bankruptcy, or bidding processes, among others, requires companies to maintain strict document regularization. In this context, a simply expired certificate could delay or even make an operation vital for a company’s survival unfeasible. In a country like Brazil, where bureaucracy is chaotic, neglecting such a critical activity can have grave consequences. Conclusion Keeping documentation updated is essential for large companies to remain competitive and permanently prepared to embrace business opportunities. However, dealing with the various Municipal, State, and Federal regulations affecting real estate is not a task for unskilled personnel. The PLBrasil Group has broad experience in controlling and managing real estate documentation and managing the process of obtaining and maintaining permits, registrations, accreditations, records, and licenses. Reach out, learn about our Digital Platform that streamlines certificate management, and count on the help of people with over 15 years of experience in developing due diligence solutions. The Corporate Certificates team of PLBrasil Group is available to assist you through the channels below: +55 (11) 3292-5050 nn.sp@plbrasil.com.br
What to expect from the market in 2024?
The constant challenge of staying competitive
published on January 16, 2024 by João Gabriel Ferrari The year 2023 was marked by uncertainties that kept managers and market analysts up at night. Gradually, the instability inherent to the political transition period dissipated, opening space for more prepared companies to maintain an escalation of growth. In this scenario, artificial intelligence (AI), for example, has proven to be a highly valuable tool in several areas, bringing innovation and efficiency to security systems, self-service robots, content generation, data analysis, accessibility, among others. It is a path of no return that must be followed by all those who wish to stand out in an increasingly competitive market. Competition, in this sense, was not limited to the classic price dispute, which proved to be especially fierce during the period. More than that, the fight was for efficiency, sustainability, anticipation of trends and other advantages. Companies that did only the basics suffered to deal with a macro context of high competitiveness, high interest rates, as well as legal and tax uncertainty. A horizon in which, despite the difficulties, the health and technology sectors stood out in M&A operations. A situation that illustrates that the constant search for new productive arrangements are indispensable actions for survival even in areas whose structures are significantly established and consolidated. A year of learning and innovations The PLBrasil Group was no different. The search for excellence and competitiveness required constant actions from managers and employees, focusing on team training and investment in digitalization and automation tools. In this sense, the improvement of our digital platform meant not only a step forward in terms of internal organization, but also the opportunity to offer customers a tool that speeds up processes, facilitates control and enables the improvement of their own routines. An administrative and technological apparatus unparalleled in the competition, which represents an invaluable competitive advantage. The constant search for perfect communion between hard human work and technological innovations was one of the most relevant strong points of the PLBrasil Group’s. A context of excellence that should be further expanded throughout 2024, through the improvement of what worked and also the incorporation of ESG policies as another of the action priorities. Good prospects for innovative companies Expectations for the year 2024, in general, are quite positive, with projections of controlling inflation and reducing interest rates, both in Brazil and in the United States. This context, if expectations are maintained, positively impacts the willingness of foreign investors to make investments in the Brazilian market. Not to mention the increase in investment in Artificial Intelligence, which promises to perfect Machine Learning to develop algorithms capable of learning and making decisions based on data. In 2024, the PLBrasil Group is firmly committed to its digital platform as a powerful ally to increase the competitiveness of its customers. A tool that, based on integration, automation, monitoring and sharing, simplifies document management, optimizing human work and reducing costs. In the same vein, it points to the adoption of ESG policies as one of the trends that cannot be ignored by companies that seek, through a genuine connection with society’s demands, to attract customers and investors. Far beyond greenwashing, building institutional reputation requires a true commitment to ethical, social and environmental premises. Although there are several challenges to be faced, such as controlling public spending and mitigating the effects of the recently approved tax reform, the year promises to be full of opportunities for the establishment and consolidation of new businesses. It is therefore necessary to always be one step ahead of the competition, paying attention to innovations that could result in competitive advantages. Albert Einstein coined the famous phrase: “Insanity is doing the same thing over and over again and expecting different results.” Managers of large corporations know, in this sense, that, in highly competitive environments, the survival and longevity of the business depend on constant adaptation. Being different, therefore, requires acting differently. The PLBrasil Group is available to assist you through the channels below: +55 (11) 3292-5050 nn.sp@plbrasil.com.br
Central Bank simplifies access to financial information with unification of the Loan and Financing Report (SCR)
The Central Bank, through its Institutional Service Department (Deati), announced a significant update to the Loan and Financing Report (SCR), effective December 6th. Previously divided into summarized and detailed versions, the new layout presents a unified report, optimizing access to the most relevant information for citizens. Sirlene de Freitas, Analyst at Deati, justifies the change, highlighting the origin of this transformation in responding to society’s demands. She clarifies that the Unified Report comes after extensive work analyzing the user journey and simplifying the language over the years. The main objective is to make information more understandable for citizens, following an approach of accessibility and transparency. The Loan and Financing Report continues to be a crucial tool for citizens and companies to view, in a centralized and free manner, information about their loans, financing and other credit operations in the financial system. With unification, it is expected that understanding the content of the report will be easier. The change aims to simplify the language and focus on the data most relevant to society. Sirlene de Freitas highlights that the unified report offers greater clarity about operations, distinguishing between debts to be paid and other financial commitments, such as guarantees, endorsements and credit card limits. This will give users a more detailed look at their financial responsibilities. The new report will allow for a more efficient analysis of debts, indicating their status (whether they are up to date or overdue), in addition to presenting information on credit limits, co-obligations and credits to be released. The search for accessibility is evident, making financial information more understandable for users. The Loan and Financing Report is part of the options offered by Registrato, a Central Bank service that allows you to consult information about accounts and financial relationships of people and companies. In addition to credit operations, the report also covers other relevant information, such as registered Pix keys, returned checks and exchange transactions carried out. Other Registrato reports have recently undergone reformulations, aiming to improve the user experience. These improvements reflect the Central Bank’s commitment to providing easy and understandable access to financial information. Highlighted, the Loan and Financing Report is the most sought after service within the Registrato, recording an average of 700 thousand reports generated per month in 2023. This highlights the importance of this tool for users who seek to understand and manage their financial activities in an effective and transparent manner. Consult the PLBrasil Paralegal team of experts to assist in accessing the new Loan and Financing Report (SCR): +55 (11) 3292-5050 nn.sp@plbrasil.com.br
Learn about Central Bank of Brazil new changes in the mandatory rules and criteria for periodic quarterly, annual, and quinquennial provision of information concerning capital abroad
Foreign investment beneficiaries must observe the new rules to provide information concerning capital abroad to the Central Bank (BCB). We hereby inform that BCB Resolution No. 278 of December 31, 2022, which regulated Law No. 14,286/21, provides for the new rules and criteria for the mandatory provision of information concerning foreign direct investment, as well as periodic quarterly, annual, and quinquennial provision of information concerning capital abroad. Below is a summary of the new deadlines and criteria established: SUMMARY OF THE NEW DEADLINES AND CRITERIA ESTABLISHED: THIS YEAR: Exempt from the periodic declaration Companies receiving foreign direct investment with total assets of less than R$ 100 million Annual Periodic Statement Base date and submission deadline 12/31/2022 – 07/01/2023 a 08/15/2023 Taxable event Foreign direct investment beneficiaries with total assets equal to or greater than one hundred million Brazilian Reais (BRL 100,000,000.00), but less than three hundred million Brazilian Reais (BRL 300,000,000.00) Quarterly periodic statement Base date and submission deadline 12/31/2022 – 01/01/2023 to 03/31/2023 03/31/2023 – 04/01/2023 to 06/30/2023 06/30/2023 – 07/ 01/2023 to 09/30/2023 09/30/2023 – 10/01/2023 to 12/31/2023 Taxable event Foreign direct investment beneficiaries with total assets equal to or greater than three hundred million Brazilian Reais (BRL 300,000,000.00) Forecast for the following years: Exempt from the periodic declaration Foreign direct investment beneficiaries with total assets worth less than one hundred million Brazilian Reais (100,000,000.00) except for base years ending in zero or five. For years ending in 0 or 5, the investment beneficiary that has total assets worth less than one hundred thousand Brazilian Reais. Five-yearly periodic declaration Base date and submission deadline 12/31 – 01/01 to 03/31 Taxable event Foreign direct investment beneficiaries with total assets equal to or greater than one hundred million Brazilian Reais (BRL 100,000.00) for years ending in zero or five. Annual Periodic Statement Base date and submission deadline 12/31 – 01/01 to 03/31 Taxable event Foreign direct investment beneficiaries with total assets equal to or greater than one hundred million Brazilian Reais (BRL 100,000,000.00), but less than three hundred million Brazilian Reais (BRL 300,000,000.00) Quarterly periodic statement Base date and submission deadline 12/31 – 01/01 to 03/31 03/31 – 04/01 to 06/30 06/30 – 07/01 to 09/30 09/30- 10/01 to 12/31 Taxable event Foreign direct investment beneficiaries with total assets equal to or greater than three hundred million Brazilian Reais (BRL 300,000,000.00) Calendar Year 2023 Periodic Provision of Information concerning Capital Abroad Base date Deadline to submit information concerning capital abroad Taxable event Exempted 12/31/2022 n/a Foreign direct investment beneficiaries with total assets worth less than one hundred million Brazilian Reais (BRL 100,000,000.00) Annual 12/31/2022 07/01/2023 to 08/15/2023 Foreign direct investment beneficiaries with total assets equal to or greater than one hundred million Brazilian Reais (BRL 100,000,000.00), but less than three hundred million Brazilian Reais (BRL 300,000,000.00) Quarterly 12/31/2022 01/01/2023 a 03/31/2023 Foreign direct investment beneficiaries with total assets equal to or greater than three hundred million Brazilian Reais (BRL 300,000,000.00) 03/31/2023 04/01/2023 to 06/30/2023 06/30/2023 07/01/2023 to 09/30/2023 09/30/2023 10/01/2023 a 12/31/2023 Forecast for the following years (“after interim provisions”) Periodic Provision of Information concerning Capital Abroad Base date Deadline to submit information concerning capital abroad Taxable event Exempted December 31 n/a Foreign direct investment beneficiaries with total assets worth less than one hundred million Brazilian Reais (100,000,000.00) except for base years ending in zero or five. For years ending in 0 or 5, the investment beneficiary that has total assets worth less than one hundred thousand Brazilian Reais. Quinquennial December 31 01/01 a 03/31 Foreign direct investment beneficiaries with total assets equal to or greater than one hundred million Brazilian Reais (BRL 100,000.00)for years ending in zero or five. Annual December 31 01/01 a 31/03 Foreign direct investment beneficiaries with total assets equal to or greater than one hundred million Brazilian Reais (BRL 100,000,000.00), but less than three hundred million Brazilian Reais (BRL 300,000,000.00). Quarterly December 31 01/01 to 03/31 Foreign direct investment beneficiaries with total assets equal to or greater than three hundred million Brazilian Reais (BRL 300,000,000.00). March 31 04/01 to 06/30 June 30 07/01 a 09/30 September 30 10/01 to 12/31 Pursuant to Article 38 of the foregoing Resolution, the quarterly provision of information concerning capital abroad must be provided by the foreign direct investment beneficiary that, on the base date of the reference quarterly provision, has total assets equal to or above three hundred million reais (BRL 300,000,000.00). The deadline for filing the Quarterly Provision of Information concerning Capital Abroad for the 12/31/2022 base date remains unchanged, i.e., it must be filed by March 31, 2023. PFor companies whose total assets on 12/31/2022 were less than three hundred million reais (BRL 300,000,000.00), but in an amount equal to or greater than one hundred million reais (BRL 100,000,000.00), they will need to make the annual provision of information concerning capital abroad. As an interim provision, the annual periodic provision of information concerning capital abroad for the base date of 12/31/2022 must be filed exclusively through the Foreign Capital Census system (Censo), between July 1st and 6pm on August 15th, 2023. Note: Net Equity is no longer considered as a criterion for making aquarterly, annual, or quinquennial periodic provision of information concerning capital abroad. The PLBrasil Group’s Foreign Capital team is available to assist you with the registrations required by the Central Bank of Brazil through the channels below: +55 (11) 3292-5050 nn.sp@plbrasil.com.br
Annual Update of the Corporate Board
We inform that the deadline for the annual update of the Corporate Board in the RDE-IED system, referring to the base date of December 31, 2020, expires on March 31, 2021. Mandatory Criterion The annual update of the Corporate Board is mandatory for foreign direct investment receiving companies with a total equity or equity of less than R$ 250 million. Penalty The non-provision or provision of false, incomplete, incorrect or outside the established deadlines subject offenders to a fine of up to R$ 250,000.00 (two hundred and fifty thousand reais), as established in Article 60 of Circular No. 3,857, of November 14, 2017. The PLBrasil Group’s Foreign Capital teamis available to assist you with the registrations required by the Central Bank of Brazil in the channels below: +55 (11) 3292-5085 bacen@plbrasil.com.br
